Attachment 4 Question Answers PreSol Conf 5 23.docx

PRE-SOLICITATION CONFERENCE

May 23, 2011

ANSWERS TO QUESTIONS

(Asked or submitted in writing during the conference)

1. Can a company be a subcontractor on more than one team within one category (i.e. A or B)?

Yes, a company can serve as a subcontractor with one prime contractor on one task and also serve as a subcontractor with a different prime contractor for another task either within one of Categories A or B, or across the categories, subject to the specified rules for serving as a prime contractor in the each category.

May a contractor participate as a subcontractor on more than one team?

Yes a contractor may participate as a subcontractor on more than one team.

2. Will past performance of the team be considered in the evaluation?

Yes, past performance will be considered in the evaluation. In those cases where a team is submitting a response, a past performance report must be provided for each subcontractor and or member of the team performing 20% or more of the task.

3. Will there be a minimum number of Task Orders to which bidders need respond (i.e. can we submit a proposal in response to only one TO or must we respond to more?

A company can bid on as few as one task or on more than one task. Due to the amount of time required and the expense a company might incur in developing a quality response, companies are encouraged to review all tasks and bid on those for which they are most capable of doing the work.

4. Are only winning prime contractors considered the 7 ESSIN firms and eligible to bid on future tasks (i.e. would a sub be eligible to bid independently on future ESSIN tasks)?

Contractors who are awarded a task as the prime contractor on one or more tasks in this first round of competition will form the ESSI Network. A contractor who only participates in the tasks awarded in this first round of competition as a subcontractor is, by definition, not a prime contractor in the ESSI Network, and thus would not be eligible to independently bid on future ESSIN tasks. The number of ESSIN firms will not be limited to 7. The number of ESSIN firms is limited only by the number of tasks included in this first solicitation for the ESSIN.

5. Will NCES choose more than one firm for each task?

An Option for an Orientation meeting has now been incorporated in the RFP under Startup. If ED exercises that option, it will be awarded to each of the winning bidders. Each of the other tasks will be awarded to a single firm.

6. Does requirement for DC presence, dedicated staff, and the need for a firewall to separate ESSIN work from main business apply to small business to?

Yes, for the support requested in the individual tasks to function efficiently, these requirements apply equally to both large and small businesses and to the prime contractor and any subcontractors.

7. If a successful offeror, now a large business, becomes a small business this fall, may the company bid on small business (Group B) tasks in the fall?

Following SBA guidance, large businesses will be required to re-certify at the end of the Base period plus four option periods (5 years). Please note SBA guidance is subject to change and the Government reserves the right to request recertification at any point in the contract.

8. If a small business is awarded this contract in Category B and subsequently grows to a large business, is the business still allowed to bid in Category B as a small business?

Following SBA guidance, small businesses will be required to re-certify at the end of the Base period plus four option periods (five years). Please note SBA guidance is subject to change and the Government reserves the right to request recertification at any point in the contract.

Recertification is required when a small business concern becomes other than small due to acquisition or merger, such as when the contractor is acquired and operated as a subsidiary of a large business or is merged with a large business.

9. To be categorized as a small business in either A or B which NAICS code will be utilized?

Each Task has an assigned NAICS Code. See the Solicitation.

10. NCES is encouraged to use NAICS codes that allow for the greatest amount of small business utilization. Specifically, there are NAICS for small business under $7M and those under $25M annual revenue. Is this NCES’ plan Each Task has an assigned NAICS Code that describes the requirement and allows for the greatest amount of small business utilization.

11. Will a list of people attending the May 23 meeting be published and/or publically available?

Yes

12. Would like to request release of conference attendees.

The list of conference attendees is provided.

13. Will you publish the attendee list?

Yes

14. Many confuse Joint Ventures (JV) and Mentor Protege (MP). Please clarify if either both will be encouraged and allowed to bid as prime for Category B.

Only SBA has an approved Mentor-Protégé Program for 8a firms (13 CFR 124.520 Mentor/ Protégé program). SBA does not have Mentor-Protégé programs for SDVOs, HUBZone, or WOSBs. The U.S. Department of Education does not have a Mentor-Protégé Program.

In accordance with, 13 CFR 124.520(d) Benefits. (1) A mentor and protégé may joint venture as a small business for any government prime contract or subcontract, including procurements with a dollar value less than half the size standard corresponding to the assigned NAICS code and 8(a) sole source contracts, provided the protégé qualifies as small for the procurement and, for purposes of 8(a) sole source requirements, the protégé has not reached the dollar limit set forth in §124.519.

With the Mentor-Protégé program, SBA must approve the Mentor-Protégé agreement and any firm large or small may participate as a mentor. If SBA approves the 8a Mentor-Protégée Agreement, the 8a firm can bid on items that are set-aside; however, there are limitations in subcontracting and the non-manufacturing rule to be considered. Also, the 8a Mentor-Protégée must then structure a Joint-Venture Agreement when they go after a contract and the Joint Venture must be approved beforehand by SBA.

A Joint Venture is a legal entity in the nature of a partnership engaged in the joint prosecution of a particular action for mutual profit. FAR 9.603 provides that the government will recognize the integrity and validity of joint venture if the arrangement is identified and fully disclosed to the government. Joint Ventures must still follow guidance of SBA size standards and NAICS codes in Table of Small Business Size Standards Matched to North American Industry Classification System Codes (www.sba.gov) to determine large or small business designation.