QA_32_through_41.pdf

11 February 2016

FA4452‐16‐R‐0004

LOGISTICS INTEGRATION AND WEAPON SYSTEMS LOGISTIC NETWORK (LOGNET) SUPPORT

QUESTION AND ANSWERS

Questions 32 through 41

Q32. Reference Task 0001 PWS Table 1: Logistics Support Locations and Equipment. Can the government provide specific counts of contractor personnel (by role/title) required by Installation under this contract? Additionally, regarding Task 6, can the government provide a count of Application Systems Analysts (Journeyman and Senior) required at DISA in Oklahoma City?

A32. Attachment 5 includes Historical Annual Workload Hours at the Task Order Level for informational purposes only. The specific count of contractor personnel and labor mix for each task area is dependent on the contractor’s unique approach to fulfil LOGNET Support services.

Q33. Attachment 11 contains software to support IMS / Mainframe operations and support, no Mainframes are listed in Hardware section. There is no associated PWS task for Mainframe operations and support. Task 7 references report creation tasks for Mainframe data. What is the government expectation for Mainframe support work?

A33. There is no mainframe support under task order 0001; the requirement is for programming on a mainframe system. If required, mainframe support would be included in Task 8, which is not included in task order 0001.

Q34. What is the historical volume of tickets in Task 1?

A34. See Amendment 0002, RFP Attachment 5 is amended to add 1,778 tickets for Task 1 as the average number of tickets per month.

Q35. What is the historical volume of tickets in Task 2?

A35. See Amendment 0002, RFP Attachment 5 is amended to add 470 tickets for Task 2 as the average number of tickets per month.

Q36. Does the scope include eTools and associated accessories procurement activities?

A36. The contractor will assist in building the requirements, and coordination of procurement documents. The procurement of eTools and accessories will be the responsibility of the Government.

Q37. Does the scope include coordination and management of eTool warrantee claims processes?

A37. Yes, under Task 0001.

Q38. Will the data rights provisions in FARS or those in DFARS apply in this contract?

The RFP identifies the following data rights clauses as applicable to this contract:

* FARS 52.227‐14 Rights in Data‐General (RFP p. 7)

* DFARS 252.227‐7013 Rights in Technical Data‐‐Noncommercial Items (RFP p. 7)

* DFARS 252.227‐7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (RFP p. 32).

* DFARS 252.227‐7015 Technical Data–Commercial Items (RFP p. 7)

These data rights provisions, however, conflict with one another. For example, under FARS 52.227‐14(b)(1), the Government receives unlimited rights in data first produced in the performance of the contract, whereas in DFARS 252.227‐7013(b)(1) the Government receives unlimited rights in technical data pertaining to an item, component, or process developed exclusively with Government funds. Similarly, FARS 52.227‐14(c) limits a contractor’s copyright assertions, while DFARS 252.227‐7013(f) does not.

We respectfully suggest that the DFARS data rights clauses are more appropriate for this contract.

A38. See amendment 0002, the RFP has been revised to remove FAR clause 52.227‐14, Rights in Data – General.

Q39. Do the Data Rights provisions set forth in section 3.16 of IDIQ (Att. 1) and section 3.6 of Task Order 0001 (Att. 2) supersede the data rights clauses incorporated and listed in the RFP?

The first paragraph of both section 3.16 of IDIQ (Att. 1) and section 3.6 of Task Order 0001 (Att. 2) state that the Government will have unlimited rights to all “document processes, procedures, tools and applications software, developed or modified under this PWS.” This appears to conflict with the provisions under FARS 52.227‐14(b)(1) and DFARS 252.227‐7013(b)(1), which use different standards in granting the Government unlimited rights. In particular, the phrase “or modified” marks a significant change from the FARS and DFARS provisions, because that phrase appears to grant the Government unlimited rights in data developed previously at a contractor’s private expense, if that data is modified even slightly.

Relatedly, the second sentence of the same paragraphs states that all data, source code, documentation, and products “generated, modified or created under this contract shall become the property of the Government.” This provision conflicts with the data rights provisions of FARS and DFARS, which grant the government various types of licenses, but not ownership, of data and software developed by a contractor.

We respectfully suggest that the first paragraph of section 3.16 of IDIQ (Att. 1) and section 3.6 of Task Order 0001 (Att. 2) be removed.

A39. See amendment 0002, the IDIQ PWS has been revised to remove the first paragraph of section 3.16. Also, task order 0001 PWS has been revised to remove the first paragraph of section 3.6.

Q40. Reference Subsection 3.11 of the Task Order 0001 PWS which states:

“To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel employed in each Task Area during the 90 day transition‐in period.”

In contrast to the above reference of a “90 day transition‐in period,” the second paragraph of this Subsection states:

“All transition actions must be completed NLT the 30th day following contract start date.”

Additionally, Subsection 3.11 of the Task Order 0001 PWS also states:

“The new Contractor shall accomplish all the responsibilities of the work area without the aid of the incumbent Contractor work‐force within 90 days after contract start date.”

However, in the previous answers to questions, the government continues to make reference to a 30‐ day phase‐in for Task Order 0001.

Can the government please review and clarify these conflicting statements?

A40. See Amendment 0002 for revised RFP, Section 3.11 Task Order 0001 PWS. All references to the transition‐in period has been revised to reflect 30 days in lieu of 90 days.

Q41. Please clarify, does the Government want to see the spreadsheet for Attachment 5 in the Hard Copies of VOL III or can we simply point to the Attachment 5 file in the narrative of Vol III.

A41. Volume III of the offeror’s proposal should include a hard copy of Attachment 5.