Solicitation_Q A.docx
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- Attached to
- Educational & Developmental Intervention Services (EDIS) Federal contract opportunity
- Solicitation number
- FA5613-12-R-0006
About this file
Questions and Answers submitted in response to the RFP through amendment 0003.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Solicitation_QA_(2).docx | DOCX document | |
| USAFE_EDIS_PWS_2013_03_05_Atch_1 _Amend_4.docx | DOCX document | |
| FA5613-12-R-0006 _Atch_4_Subctr__Consent_Form_Amnd_4.docx | DOCX document | |
| SF30_EDIS_Amend_0004(1).pdf | ||
| FA5613-12-R-0006 _Atch_3_PPQ__Cover_Ltr_Amnd_4.docx | DOCX document | |
| EDIS_RFP_Conformed_through_Amend_0004.docx | DOCX document | |
| FA5613-12-R-0006 _Atch_2_Pricing_Schedule_Amnd_4(2).xlsx | XLSX spreadsheet | |
| FA5613-12-R-0006_Amend_0003.pdf | ||
| USAFE_EDIS_PWS_2012_04_17.pdf | ||
| FA5613-12-R-0006-0002 _Amendment_2.pdf | ||
| EDIS_RFP_Conformed_through_Amend_0003.docx | DOCX document | |
| FA5613-12-R-0006 Atch 2 Pricing Schedule.xls | XLS spreadsheet | |
| FA5613-12-R-0006-0001 Amendment 1.pdf | ||
| FA5613-12-R-0006 RFP.pdf | ||
| FA5613-12-R-0006 Atch 3 PPQ Cover Ltr.docx | DOCX document | |
| FA5613-12-R-0006 Atch 1 PWS.pdf | ||
| FA5613-12-R-0006 Atch 4 Subctr Consent Form.docx | DOCX document |
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Text version
EDIS Solicitation Industry Questions and Responses
SOLICITATION NO.
FA5613-12-R-0006
CONTRACT SPECIALIST
Ben Wood
CONTRACTING OFFICER
Joanna L. Green
| Questions |
| RESPONSE |
| 1. Can individuals providing medical services on behalf of a Government contractor in the UK obtain SOFA status and, therefore, an exemption from British income and Council taxes on the employee’s earnings in the UK? |
| Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY, has been revised to provide additional clarity. |
| 2. If a SOFA exemption is not available, must US Government contractors pay British income taxes on the earnings of their employees in the UK? |
| Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY, has been revised to provide additional clarity. |
| 3. It is our understanding that SOFA status is not provided in the UK for contractor employees furnishing medical services and that UK work permits must be obtained, with British income tax deducted and paid, for such contract medical service employees. Can you please confirm that this is the case under the current solicitation? In other words, can you please clarify if the successful contractor should comply with local UK law and pay British income and council taxes, as SOFA status will not furnished in the UK for contract medical service employees? |
| IAW 252.222-7002, Compliance with Local Labor Laws (Overseas) and consistent with Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY contractor’s must comply will laws in all applicable countries, including the UK, to pay necessary/applicable taxes. |
4. Is there an exemption from paying British income taxes on employee earnings because an employee works for a US Government contractor in the UK?
Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY, has been revised to provide additional clarity.
5. Section F-1, Paragraph c of the Statement of Work references the Special Memorandum of Understanding dated 7 July 1987. A copy of the Special Memorandum is included as Attachment A to these questions. May the Special Memorandum be provided to all offerors so that all offerors are made aware of its contents? (This would be particularly appropriate because the special memorandum is mentioned in the solicitation but is not furnished to offerors).
It is the offeror’s responsibility to retrieve the most up to date information referenced in the PWS, to include, but not limited to, Air Force Instructions (AFIs), laws and agreements. No change will be made as a result of this question.
6. The Special Memorandum of Understanding dated 7 July 1987 details the only types of contract employees that can receive SOFA status in the UK and that thus would be exempt from UK income taxes. Specifically, the Special Memorandum only applies to individuals “who are engaged in intelligence work” on behalf of Government contractors whose net payment was deposited into their account directly by the US Government. Will this special exemption apply to employees under the upcoming contract, who will not be engaged in intelligence work?
Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY, has been revised to provide additional clarity.
7. PWS Section F-1, Paragraph c states that “EDIS are not considered ‘intelligence work.’” Is this provision included to clarify that EDIS providers do not fall under the Special Memorandum and therefore cannot receive SOFA status in the United Kingdom?
Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY, has been revised to provide additional clarity.
8. The general obligations of employers to withhold British income tax and British National Insurance, for all individuals employed in the United Kingdom, are established in the following U.K. laws: Income Tax (Earnings and Pensions) Act 2003 and the Social Security Contributions and Benefits Act 1992. As incumbent contractors for the current contract, we do withhold required British income taxes on all UK employee earnings. Will it be an expectation that the incoming contractor will comply with UK law in the tax treatment of its employees and withhold and pay British income taxes on the earnings of employees in the UK?
IAW 252.222-7002, Compliance with Local Labor Laws (Overseas), 252.225-7042 Authorization to Perform, and consistent with Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY contractor’s must comply will laws in all applicable countries, including the UK, to pay necessary/applicable taxes.
9. Under Solicitation W9114F-13-R-0004, the Government confirmed that contractors do not fall under the Status of Forces Agreement between the UK and US Governments and are responsible for British income taxes. Under that solicitation, the answer stated:
“Contractors performing under this requirement would not fall under the status of the Status of Forces Agreement between the US/UK Governments. Contractors and their employees would be required to comply with UK labor and taxation laws as applicable.”
Would this conclusion be true for the upcoming contract as well?
IAW 252.222-7002, Compliance with Local Labor Laws (Overseas), 252.225-7042 Authorization to Perform and consistent with Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY contractor’s must comply with laws in all applicable countries, including the UK, to pay necessary/applicable taxes. Additionally, Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY, has been revised to provide additional clarity.
| 10. Section 1.10 of the Instructions to Offerors references that “TUPE (Transfer of Undertakings Protection of Employment) Regulations 2006” applies to this contract. We note that under Regulation 4 TUPE and Regulation 13 TUPE, the outgoing employer must inform its employees of their rights under TUPE and that the replacement employer must continue their existing terms and conditions of employment, including existing salary and any other contractual benefits to which they might be entitled, not less than 14 days before the transfer of employees. As the incumbent employer, if there were to be a contract transition, we would inform our employees of their rights under TUPE, including the fact that the incoming employer must maintain all of the employees’ existing terms and conditions of employment – including the employees’ salaries – within 14 days before the transfer. In the event that there is a change in contractor, does the Government anticipate that it will participate in this employee notification process under TUPE, or will this matter be handled between the incumbent contractor and its own employees? |
| Section 1.10 defines TUPE Regulations in general terms, stating that the undertaking transfers to the contractor upon full operation, “when applicable and is meant to inform offerors of TUPE, and obligations, when applicable. Contractors must comply with laws in all applicable countries IAW 252.222-7002, Compliance with Local Labor Laws (Overseas). |
| 11. Under the applicable TUPE Regulations, it is required that a replacement employer continue an employee’s existing terms and conditions of employment. We are the incumbent contractor for the current EDIS service on behalf of the Air Force overseas. We pay a certain salary to each of our staff members. Our understanding is that TUPE requires any successor contractor to pay the same salary amounts to contractor employees in the UK as is paid by the current contractor. Is this essentially correct? |
| IAW 252.222-7002, Compliance with Local Labor Laws (Overseas), 252.225-7042 Authorization to Perform, and consistent with Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY contractors must comply with laws in all applicable countries, including the UK. |
12. Under the applicable TUPE Regulations, it is required that a replacement employer continue an employee’s existing terms and conditions of employment. We are the incumbent contractor for the current EDIS service on behalf of the Air Force overseas.
We currently pay a certain salary to our employees, and withhold required British income taxes from those salaries. We withhold British taxes because SOFA status is not granted to contractor employees in the UK that are not engaged in intelligence work. Our understanding is that TUPE will require us to maintain our existing salaries, which of course include withholding of British income taxes, and report the amount of those salaries. Is this essentially correct?
IAW 252.222-7002, Compliance with Local Labor Laws (Overseas) and consistent with Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY contractor’s must comply with laws in all applicable countries, including the UK, to pay necessary/applicable taxes.
| 13. Under the applicable TUPE Regulations, it is required that a replacement employer continue an employee’s existing terms and conditions of employment. We are the incumbent contractor for the current EDIS service on behalf of the Air Force overseas. Our understanding is that TUPE requires the incumbent contractor to inform the replacement contractor of all the existing terms and conditions of the employees in the UK – including all employee salaries – at least 14 days prior to the transfer. This means that the new contractor would become aware of employee salaries so that they can comply with TUPE requirements and maintain current salaries. Is this essentially correct? |
| The Government has requested related information from the incumbent to allow other potential offerors to review for informational purposes. However, to date, no information has been received to enable release by the Government. |
| 14. Under the applicable TUPE Regulations, it is required that a replacement employer continue an employee’s existing terms and conditions of employment. We are the incumbent contractor for the current EDIS service on behalf of the Air Force overseas. Our understanding is that TUPE requires the current incumbent contractor to notify its employees of their rights under TUPE and notify its employees of the fact that the incoming employer must maintain the terms and conditions of the employees in the UK – including all employee salaries. This means that our employees, following notification, would be aware of the replacement contractor’s duties and obligations, as they commence the contract. Is this essentially correct? |
| IAW 252.222-7002, Compliance with Local Labor Laws (Overseas), 252.225-7042 Authorization to Perform, and consistent with Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY contractors must comply with laws in all applicable countries. |
| 15. Under the applicable TUPE Regulations, it is required that a replacement employer continue an employee’s existing terms and conditions of employment. We are the incumbent contractor for the current EDIS service on behalf of the Air Force overseas. We, as incumbent contractor, provide tuition reimbursement for our employees for the DoDDS tuition of their dependents. Our understanding is that TUPE requires any successor contractor to pay the same amounts for DoDDS tuition of their dependents as is paid by the current contractor. Is this essentially correct? |
| IAW 252.222-7002, Compliance with Local Labor Laws (Overseas), 252.225-7042 Authorization to Perform, and consistent with Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY contractors must comply with laws in all applicable countries. |
| 16. Under the applicable TUPE Regulations, it is required that a replacement employer continue an employee’s existing terms and conditions of employment. We are the incumbent contractor for the current EDIS service on behalf of the Air Force overseas. We, as incumbent contractor, reimburse council tax paid by our employees. Our understanding is that TUPE requires any successor contractor to also reimburse council tax paid by our employees. Is this essentially correct? |
| IAW 252.222-7002, Compliance with Local Labor Laws (Overseas) and consistent with Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY contractor’s must comply will laws in all applicable countries, including the UK, to pay necessary/applicable taxes. |
| 17. Under the applicable TUPE Regulations, it is required that a replacement employer continue an employee’s existing terms and conditions of employment. We are the incumbent contractor for the current EDIS service on behalf of the Air Force overseas. We, as incumbent contractor, provide reimbursement for stateside storage of household goods. Our understanding is that TUPE requires any successor contractor to pay the same amounts for stateside storage of household goods as is paid by the current contractor. Is this essentially correct? |
| IAW 252.222-7002, Compliance with Local Labor Laws (Overseas), 252.225-7042 Authorization to Perform, and consistent with Appendix G of the PWS, LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY contractors must comply with laws in all applicable countries. |
18. We note that Section 1.6.5.5 provides for a price adjustment for scheduled and unscheduled absences of HCPs for more than one work day missed per month.
Such workdays missed, under this provision, “shall result in a downward adjustment to the monthly contract amount for services of the respective labor category at the respective MTF.”
We assume that the Government will not make a deduction for monthly billing if services are not provided by HCPs on schedule holidays, as scheduled holidays are not workdays.
Section 1.5.2 provides the list of scheduled holidays:
“1.5.2 Scheduled Holidays: New Year’s Day, Dr. Martin Luther King, Jr. Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day.”
Will the Government deduct from the contractor’s monthly billing for each of the scheduled holidays under Section 1.5.2 during which HCPs are not scheduled to provide service?
PWS para 1.6.5.5. has been removed from the PWS.
| 19. Section 1 in the Evaluation Criteria notes that “The price evaluation will document the reasonableness and completeness of the total evaluated price.” Will the Government take into account the fact that no SOFA status is extended to contractors in the UK, because they are not engaged in intelligence work, and the fact that all salaries in the UK will be subject to British income taxes, in determining whether submitted pricing for the UK by offerors is reasonable and complete in that it appears sufficient to include allowances for UK taxes on employee earnings? |
| The Government will evaluate prices to determine whether they are fair and reasonable, consistent with the solicitation and methods outlined in the FAR. Completeness will be determined based on the offeror’s submission of pricing for all labor categories and locations outlined in Attachment 2, Pricing Schedule. As this solicitation will result in a Firm-fixed price contract, IAW FAR 16.202-1, “This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.” Furthermore, since adequate price competition is expected it is not anticipated that additional cost/price information will be requested/evaluated. |
| 20. Section 1 in the Evaluation Criteria notes that “The price evaluation will document the reasonableness and completeness of the total evaluated price.” Will the Government take into account the fact that an upcoming contractor must comply with TUPE and match the salaries and terms and conditions of the incumbent contractor in determining whether submitted pricing for the UK by offerors is reasonable and complete in that it appears sufficient to include reasonable allowances for dependent tuition and stateside storage as those are paid by us as the incumbent contractor? |
| The Government will evaluate prices to determine whether they are fair and reasonable, consistent with the methods outlined in the FAR. Completeness will be determined based on the offeror’s submission of pricing for all labor categories and locations outlined in Attachment 2, Pricing Schedule. As this solicitation will result in a Firm-fixed price contract, IAW FAR 16.202-1, “This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.” Therefore, the Government will not direct that all costs required by the contractor be passed along in their offered price. |
| 21. Section 1 in the Evaluation Criteria notes that “The price evaluation will document the reasonableness and completeness of the total evaluated price.” Will the Government take into account the fact that an upcoming contractor must comply with TUPE and match the salaries and terms and conditions of the incumbent contractor, in determining whether submitted pricing for the UK by offerors is reasonable and complete in that it appears sufficient to support the salaries currently being provided to the incumbent employees? |
| The Government will evaluate prices to determine whether they are fair and reasonable, consistent with the methods outlined in the FAR. Completeness will be determined based on the offeror’s submission of pricing for all labor categories and locations outlined in Attachment 2, Pricing Schedule. As this solicitation will result in a Firm-fixed price contract, IAW FAR 16.202-1, “This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.” Therefore, the Government will not direct that all costs required by the contractor be passed along in their offered price. |
| 22. Attachment 2- Price Schedule. Can the government please provide a copy of the updated Attachment 2, EDIS Pricing Schedule file referenced within Amendment 2’s cover sheet (Field 14, Item C)? |
| Revision provided via FBO. |
23. PWS, Appendix A Incirlik AB, Turkey, 1 ECSE and 1 POT.
Has the requirement for contractors to pay Turkish social security in order to get a work permit been resolved and/or lifted? If not, does the Government still want Offerors to propose a cost for services in Turkey recognizing these restrictions? Are SOFA coverage and base privileges still available to contractors?
Requirements for Turkey have been removed – an amendment to the RFP and its attachments reflect necessary changes.
24. PWS, Appendix A Lajes AB, Azores, 1 POT, 1 SLP.
Departure of families currently in Lajes is expected to be completed by June 2014, with airmen only having one year unaccompanied tours. Does the Government still want Offerors to propose costs for the option years for the two positions listed in Attachment 1, Appendix A?
No changes to the requirement will be made at this time to remove future Lajes support. Offeror’s are required to submit pricing for all areas and labor categories listed in Attachment 2, Pricing Schedule.
25. PWS, Appendix C, HIPAA.
Will the Government please provide the BAA for signature for review?
It is the offeror’s responsibility to retrieve the most up to date information referenced in the PWS, to include, but not limited to, Air Force Instructions (AFIs), laws and agreements. No change will be made as a result of this question.
26. FA5613-12-R-0006.
Given the complexities of working and staffing abroad and especially if Offerors are to bid the positions in Turkey, can the government please provide a two week extension so that Offerors may explore their options with vendors/subcontractors who are able to withhold the proper amount of Turkish social security so it is accurately reflected in their pricing proposals?
Requirements for Turkey have been removed – an amendment to the RFP and its attachments reflect necessary changes.
27. SF 1449. "Contractor shall provide personal services for EDIS Support at XXX as specified in Attachment 1, PWS, dated 13 January 2012."
Please confirm the PWS referenced in CLINS 0001 through 4008 is from 17 April 2012 and not 13 January 2012.
Offeror’s must use the PWS and Attachments uploaded to FBO based on the most recently published Amendment.
28. PWS 2. Services Summary (Pg 21) and PWS 1.6.5.1
PWS 2. Services Summary states that 95% of all required personnel shall be in place no later than the start date of the performance period of the basic contract period. PWS Section 1.6.5.1 states, The Contractor shall provide initial placement of personnel identified in the USAFE EDIS Personnel Requirements and Locations within 60 calendar days. The calendar day count will begin on the first calendar day after award of the contract.
A. With regard to PWS section 1.6.5.1, please confirm the Contractor has 60 calendar days from the date of award to provide initial placement of the personnel identified in Appendix A.
The PWS has been revised to ensure consistency and clarity.
29. 1.6.5.5. Price Adjustment
Any scheduled or unscheduled absence of a HCP for more than one (1) full workday per month shall result in a downward adjustment to the monthly contract amount for services of the respective labor category at the respective MTF. The adjustment shall be 5% of the monthly amount for services of the respective labor category at the respective MTF per missed workday in excess of one full work day. An HCP‟s scheduled absence based on earned compensatory time or under an approved alternate work schedule shall not count as absence in regards to price adjustment.
A. Please define a scheduled absence. Does this include attendance at government trainings or required meetings? Does unscheduled absence include short-term illness? B. Part of attracting and retaining qualified personnel into these OCONUS positions is not only based on salary but also based on the benefits afforded to them and their families. Included in benefits, and the FTE LOE determination, are holiday leave as well as sick leave. Given the close interaction with children it does not seem to be in the best interest of the Program or the patients that staff should come to work when they are ill to help ensure this penalty is not assessed. How was the 5% penalty determined to be appropriate? If the concern is coverage and paying only as services are rendered, will the Government then consider this to be an FPLOE requirement? If not, will the government please consider changing the penalty scenario to 2 days?
Paragraph 1.6.5.5 has been removed from the PWS.
30. SF 1449 and PWS, Appendix A
Can the government please provide which FTE slots in each location are currently vacant?
The requested information is not instantly available and no changes or additional information will be made available as a result of this question.
| 31. SF 1449. Will the government consider adding a separate CLIN for Other Direct Costs with a not to exceed figure, similar to CLIN 0008, in order to ensure price reasonableness? |
| The Government does not anticipate any Other Direct Costs (ODCs) that would require an additional CLIN at this time. No changes will be made as a result of this question. |
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