GEODSS_RFP_Questions_3.pdf

FA2517-13-R-8001 GEODSS RFP

Questions and Answers Round 3

Question

Draft

PWS/RFP

Para #

QUESTION ANSWER

11 RFP Section

L D.3.b.(2)

The last sentence in the paragraph states: Additionally, include any FAR, DFARS, or AFFARS clause requiring fill-in information, as well as any other acknowledgments required. Will the government specify which

FAR, DFARS or AFFARS clauses require fill-in information?

The Government will not identify the specific clauses, but they should be apparent by reading through the RFP, particularly Section K.

12 RFP Section

M B.1.

SBA Ostensible Subcontractor Rule Clarification

Question: Under the Ostensible Subcontractor Rule, 13 C.F.R. 121.103

(h)(4), a would-be prime contractor and its subcontractor are treated as joint ventures, and therefore affiliates, for size determination purposes if the subcontractor has too great of a role under the teaming arrangement.

More specifically, “an ostensible subcontractor is a subcontractor that performs primary and vital requirements of a contract, or of an order under a multiple award schedule contract, or a subcontractor upon which the prime contractor is unusually reliant. All aspects of the relationship are considered, including, the terms of the proposal (such as contract management, technical responsibilities, and the percentage of subcontracted work), agreements between the prime and subcontractor

(such as bonding assistance or the teaming agreement), and whether the subcontractor is the incumbent contractor and is ineligible to submit a proposal because it exceeds the applicable size standard for that solicitation.”

With these definitions and to ensure full compliance of this clause, can the Government please clarify and expand on how the Government will evaluate the level of incumbent contractor (large business) involvement with regards to proposal development and the level of support provided to the small business for proposed contract performance to ensure undo influence and affiliation?

The Government does not have established evaluation criteria for evaluating the proposals with regard to the ostensible subcontracting rule. However if, after determining the apparent successful offeror, the

Government has reason to believe there is an ostensible subcontracting rule issue, the Government will refer this matter to the Small Business Administration for their determination.

28 DD 254,

Sections 10 and 11

GEODDS DD254 states in Section 10 that contractors will have access to

COMSEC Information and in Reference for Section 11.h (continuation) of the DD254 it states that contractors will require a COMSEC Account referencing Appendix A, attached. Will the contractor be required to obtain their own COMSEC Account or will they be using the AF’s COMSEC Account for “access” only as stated in

Appendix A, Ref 11.h? If the former, will contractors be required to obtain an account for each GEODSS site or a single account (i.e., PMO level)?

Each site has their own USAF COMSEC account, under which the contractor is appointed as a representative. The appointment letter is on USAF letterhead not contractor.

FA2517-13-R-8001 GEODSS RFP

Questions and Answers Round 3

Question

Draft

PWS/RFP

Para #

QUESTION ANSWER

30 General Please confirm that neither the US Fair Labor Standards Act nor any other territorial Labor Law is applicable on the BIOT/Diego Garcia. If a territorial labor law is applicable, will the Government make such Labor

Law available to bidders?

The Fair Labor Standards Act does not apply to Diego

Garcia IAW FAR 22.1003-2 which states "The Service

Contract Labor Standards statute applies to service contracts performed in the United States (see 22.1001).

The Service Contract Labor Standards statute does not apply to contracts performed outside the United States."

Amendment 1 to the RFP added clause FAR 52.228-3, the

Defense Base Act, which does apply to Diego Garcia.