Vance_FOS_RFP_Q A_Follow-on_Response_(13_Feb_2014).1.pdf

Vance FOS RFP QA Session Follow-on Response

FA3002-13-R-0008

Contracting1 Page 186

L.3.1.1.3. Statement of Compliance with the Service Contract Act (SCA) and

Collective Bargaining Agreement (CBA).

M.1.1, and FAR 52-222.41

We believe the intent of the government is to create a fair competition environment that does not unduly favor one competitor over another. Until the Q&A question number 31 was released and subsequent Q&A released on February 3, we believed the government was creating a fair environment to bid by the inclusion and certification of L.3.1.1.3(b). Prior to the answers, we believed that the government’s intent of L.3.1.1.3(b) was to level the playing field by removing the work force seniority and insurance elections from the competition and award in accordance with section M.1.1 to the lowest price technically acceptable.

Question: Will the government consider including an H Clause into the RFP that allows the offerors to be compliant with L.3.1.1.3(b), which directs bidding the minimum in accordance with the CBA, and still recover the difference in wage and benefits in the base year?

The intent of the government was never for offerors to propose only to the minimum wages and fringe benefits. The intent was to provide the CBA and workforce demographics in order for offerors to adequately propose to the required effort. The government will not include an H Clause for the purpose of recovering the difference between an offeror's proposal and Service Contract Act required minimums.

Comment:

Question:

Answer:

Concern:

Type Response: PWS SectionID Page Reference

Paragraph Reference

Additional Cross Reference:

Proprietary IndicatorRFP Section

Price

Evaluation

Thursday, February 13, 2014 Page 1 of 8

2 Page 186

L.3.1.1.3. Statement of Compliance with the Service Contract Act (SCA) and

Collective Bargaining Agreement (CBA).

M.1.1, and FAR 52-222.41

Question: Without an H Clause that allows the successful contractor to recover the difference between the minimum in accordance with the CBA and the actual wage and benefits, and without detailed demographics of the incumbent workforce, what will the government amend in the RFP so as not to place undue risk on non-incumbent offerors by providing guidance on the two variables

(seniority and insurance elections) that are the most significant in the direct costs of this proposal?

The intent of the government was never for offerors to propose only to the minimum wages and fringe benefits. The intent was to provide the CBA and workforce demographics in order for offerors to adequately propose to the required effort. The government does not intend any further amendments to the RFP in regards to the CBA and workforce demographics; however, additional information is provided for clarification. See ID 7.

Comment:

Question:

Answer:

Concern:

Type Response: PWS SectionID Page Reference

Paragraph Reference

Additional Cross Reference:

Proprietary IndicatorRFP Section

Price

Thursday, February 13, 2014 Page 2 of 8

Other3 Workforce

Demographic

Information

Workforce Demographic Information

The Workforce Demographic Information that the Government posted on 6 Feb 2014 includes a

Subcontractor section. What areas are currently being subcontracted that are attributable to this

Subcontractor Workforce Demographic?

All available demographic information has been provided.

Comment:

Question:

Answer:

Concern:

Type Response: PWS SectionID Page Reference

Paragraph Reference

Additional Cross Reference:

Proprietary IndicatorRFP Section

Wage

Determination

Thursday, February 13, 2014 Page 3 of 8

Other4 Workforce

Information

Workforce Demographic Information

The Employee type information contained in the Workforce Demographic Information states 85 and

95% pertaining to the CBA. Can you define what the 85 and 95% represent?

Approximately 85% to 95% of the current contract workforce/employees are union members. This number fluctuates for various reasons.

Comment:

Question:

Answer:

Concern:

Type Response: PWS SectionID Page Reference

Paragraph Reference

Additional Cross Reference:

Proprietary IndicatorRFP Section

Wage

Thursday, February 13, 2014 Page 4 of 8

Other5 Workforce

Information

Workforce Demographic Information

Does the Workforce Demographic Information include only the FOS portion of the current contract?

No. The workforce demographic information includes the entire workforce demographic information for FA3002-08-C-0007 Vance Aircraft Maintenance and Base Operations Support service contract.

Comment:

Question:

Answer:

Concern:

Type Response: PWS SectionID Page Reference

Paragraph Reference

Additional Cross Reference:

Proprietary IndicatorRFP Section

Wage

Thursday, February 13, 2014 Page 5 of 8

Contracting6 Workforce

Information

Workforce Demographic Information

Does the Government plan on issuing an amendment to the RFP associated with the Workforce

Demographic Information?

No. The Government does not plan on issuing an RFP amendment associated with the Workforce

Demographic Information.

Comment:

Question:

Answer:

Concern:

Type Response: PWS SectionID Page Reference

Paragraph Reference

Additional Cross Reference:

Proprietary IndicatorRFP Section

General

Contracting

Thursday, February 13, 2014 Page 6 of 8

Clarification N/A 7 186

L.3.1.1.3.

The Service Contract Act

Executive Order 13495

Vance Workforce Demographic information

FAR 52.222-17

FAR 52.222-41

FAR 52.222-43

FAR 52.222-53

Wage Determination No: 2005-2432 Rev 17

Wage Determination No: CBA-2012-5286 Rev 0

M.3. Evaluation of P

The intent of the government was never for offerors to propose only to the minimum wages and fringe benefits. The intent was to provide all available information (i.e. the CBA and workforce demographics) in order for offerors to adequately propose to the required effort.

What is required by the Service Contract Act and Executive Order 13495?

The Government intent is not to provide an equitable adjustment to account for differences between an offeror’s proposal and actual wages and benefits required by the SCA. There is nothing in the

SCA, FAR, or E.O. 13495 that would require the government to become the indemnitor for any difference between the offer’s proposal with respect to wages and fringe benefits and their eventual cost that result from the Wage Determinations and Collective Bargaining Agreement.

The performance work statement, workforce demographic information, wage determinations, and collective bargaining agreement is provided for the offeror to utilize in determining the number of service employees necessary for efficient performance of this contract. The wage determinations serve as a baseline that an offer is restricted from paying a covered employee “less than” the prevailing wage rates; otherwise, the offeror will be in violation of the SCA.

The Department of Labor –Wage and Hour Division (DOL WHD) SCA compliance assistance materials and guidance resources are available via website:

http://www.dol.gov/compliance/laws/comp-sca.htm

Emphasis is placed on the following DOL WHD resources:

- Fact Sheet 67/A

- SCA Frequently Asked Questions.

- Department of Labor - Prevailing Wages Resource Book Tab 22 - Nondisplacement of Qualified

Workers under Federal Service Contracts E.O. 13495 (Sep 2013).

- Department of Labor - Compliance Assistance Video: Executive Order 13495, Nondisplacement of

Qualified Workers Under Service Contracts "Right of First Refusal" Link -http://www.dol.gov/dol/media/webcast/20130129-prevailing-wage/index.htm

Comment:

Question:

Answer:

There appears to be confusion with the government intent with regards to the Service Contract Act and Executive Order 13495.

Concern:

Type Response: PWS SectionID Page Reference

Paragraph Reference

Additional Cross Reference:

Proprietary IndicatorRFP Section

Price

Thursday, February 13, 2014 Page 7 of 8

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