Response_to_A AS_III_Draft_RFP_-_PWS_Questions.doc

Government Responses to Industry Comments

A&AS III Draft RFP, FA5613-13-R-0007

PWS Questions/Comments

1) Question: Reference PWS Paragraph 2.1.8, Duty Hours. In the event a Task Order calls for work outside the stand work hours and the standard work week exceeds 40 hours, it is correct to assume that the contractor can bid hours in excess of 40 a week to cover the cost of the additional service?

Response: The Government cannot provide direction on how the offeror bids to the contract requirements. If it is anticipated that work under a task order will exceed the standard 40 hour work week, it will be outlined in the task order PWS. Offerors are free to bid as they see fit to meet the requirements outlined in the task order PWS.

2) Question: Reference PWS, Page 4, Paragraph 2.8.1 states that a normal work week is 40 hours, however the Government (if outlined in the task order) may extend, a normal work week up to 60 hours per week at no additional cost to the Government. Is the government mandating uncompensated overtime, or is the Government saying that no overtime differential (e.g. time and a half) will be paid? Does the Government anticipate, when the Government tasks “extended work week” operations within a task order, the bidding of a 60 hour work week or is the Government suggesting they receive 60 hours of work each week for the price of a 40 hour week?

Response: The government is not mandating uncompensated overtime or saying that no overtime differential will be paid. However, if a task order requires work more than 40 hours per week, the contractor is expected to fulfill the contract requirements at the proposed firm fixed price with no additional compensation from the Government. For this performance based acquisition, the contractor is expected to propose the labor hours required to complete the tasks outlined in the task order RFP.

3) Question: Please clarify the additional cost statement. Is it correct that it should state: ""…a normal work week may extend up to 60 hours per week at no additional cost (on an hourly rate basis) to the Government…"""

Response: Some task orders may require work in excess of a normal 40 hour work week. The contractor is expected to fulfill the contract requirements at the proposed firm fixed price with no additional compensation from the Government. For this performance based acquisition, the contractor is expected to propose the labor hours required to complete the tasks outlined in the task order RFP.

4) Question: Is it anticipated that the extended workweek would occur only on FFP LoE efforts, or both FFP LoE + FFP?

Response: The requirement to work in excess of a normal 40 hour work week will be outlined in each individual task order and is not limited by contract type. Longer work weeks are contemplated for FFP.

5) Comment: Labor hour reporting is not consistent with the use of FFP contracts (per the FAR).

Response: The comment does not provide a PWS reference. If this comment is regarding the Manpower Reporting Requirements in PWS Paragraph 3.12, this language implements FY11 NDAA Section 8108 of Public Law 112-10. A memo was issued on 13 Nov 12 by the Office of the Assistant Secretary of the Air Force (Acquisition) mandating the PWS language be added to all current and future requirements for service acquisitions that are 1) valued greater than or equal to the simplified acquisition threshold, 2) acquired with appropriated funds, and 3) where DoD is the requiring activity.

6) Question: Shall the offeror prepare ""Labor Rate Per Hour"" costs based on the one man year equivalent established in its disclosure statement (which is evaluated by DCAA) or based on the assumption of 2080 (which could be overstated by at least 80 hours due to 10 Federal holidays defined in PWS Section 2.9)?

Updated Response: The verbiage in Section L has been updated to read: “The Government is considering 2,080 hours as the equivalent for one man year; however, when responding to the price proposal requirements in the solicitation, the offeror may use any generally accepted estimating technique to develop its proposal. Provide a summary description of the offeror’s standard estimating system or methods.”

7) Question: The IDIQ Solicitation provides for Firm Fixed Price (FFP) and Firm Fixed Price Level of Effort (FFP-LOE) type task orders. Paragraph 3.9 states that if efficiencies are discovered, the government may request an equitable adjustment. Please clarify how the government intends to apply equitable adjustments to staffing efficiencies that may be generated on an FFP contract.

Response: This language has been removed from the PWS.

8) Comment: Reference PWS, Page 10, Paragraph 3.9: Currently states “…, it is discovered that efficiencies in service reduce the number of labor categories required, the Government…” Recommend this be changed to “…, it is discovered that efficiencies in service reduce the man-hours required, the Government...” Rationale: Reduction in man-hours would result in realized cost avoidance.

Response: The government will take the recommendation into consideration for the final solicitation.

9) Question: Reference PWS Paragraph 3.9, Position Fill. Is the Government’s intent to identify required positions on each Task Order?

Response: The intention of this paragraph is to identify that the contractor must maintain continuous fill of the positions proposed.

10) Question: Reference PWS Paragraph 3.9, Position Fill. Is it appropriate to assume that the language in this paragraph applies only to FFP-LOE efforts? Isn’t the measure of successful execution of FFP Task Orders the satisfactory meeting the performance requirements of the PWS and not to individual contractors or labor categories?

Response: The language in this paragraph applies to all contract types. Under this performance based requirement, successful execution is satisfactorily meeting the performance requirements; however, if an offeror bids the equivalent of 4 FTEs to complete the requirements, 4 FTEs must be filled throughout performance of the contract.

11) Question: The IDIQ Solicitation provides for Firm Fixed Price (FFP) and Firm Fixed Price Level of Effort (FFP-LOE) type task orders. Paragraph 3.9.2 references a “lapse rate” regarding vacancies. Please clarify the purpose and applicability of a “lapse rate” for staffing vacancies on FFP contracts.

Response: Under performance of the contract, positions are required to be filled as proposed. For some task orders, vacant positions will result in mission failure. In those instances, the contractor will be required to calculate and report lapse rate information. If the pre-determined lapse rate is not met, it may result in corrective action and negative performance ratings.

12) Question: Reference PWS Paragraph 3.9.2, Lapse Rate. Is it appropriate to assume that the language in this paragraph allies only to FFP-LOE efforts? FFP Task Orders are independent of individual staffing statistics but instead tied to performance of the PWS requirements. Please explain and better define what a lapse rate is and the implications of this calculation.

Response: The language in this paragraph applies to all contract types. For some task orders, vacant positions will result in mission failure. In those instances, the contractor will be required to calculate and report lapse rate information. If the pre-determined lapse rate is not met, it may result in corrective action and negative performance ratings.

13) Question: Is the role of the Contractor's Program Manager (PWS Paragraph 2.4.1) to be filled by P/PM TE (page 37) and/or P/PM AS (page 28)?

Response: The government cannot provide direction on how the offeror bids to the contract requirements. Offerors are free to propose whichever approved job description meets the contract requirements.

14) Question: Reference PWS Paragraph 4.1, Service Summary. The SS Table refers to the contractor’s Program Manager. How does the contractor present the cost to cover their Program Manager?

Response: The Government cannot provide direction on how the offeror bids to the contract requirements. Offerors are free to bid as they see fit to meet the requirements outlined in the task order PWS.

15) Question: Reference PWS Paragraph 4.1, Service Summary. What is the process to determine if the customer complaint is valid?

Response: This information will be outlined in the Quality Assurance Surveillance Plan to be released with the final RFP.

16) Comment: FAR Part 31 recognizes indirect costs as an allowable, allocable and reasonable cost. FAR and Cost Accounting Standards (CAS) require contractors to determine an appropriate base for allocating indirect costs and, once determined and approved by DCMA/DCAA, to apply such costs consistently. It is a standard and approved practice for most companies to apply a General & Administrative (G&A) indirect cost to other direct costs (ODCs), including travel costs. Accordingly, we request that Section B be revised to allow Contractors to apply indirect costs, such as G&A, to ODCs including training in accordance with their Government approved disclosure statements and accounting practices.

Response: The government will take the recommendation into consideration for the training CLIN. The ODC CLIN will have two primary uses: 1) to provide logistical support funding depending on the customer’s budget and requirements and 2) to provide funding for over and above task order specific certification requirements. In both instances, the contractor is not anticipated to incur any additional administrative burden. Based on this, G&A is not allowable for the ODC CLIN.

17) Question: Can the government provide example(s) of ‘non-A&AS support, which is incidental to the A&AS?

Updated Response: Non-A&AS support is any service not classified as A&AS that is required along with the A&AS requirements. For example, if the requirement is for exercise planning, the customer may also have a non-A&AS requirements for administrative or IT related support to coordinate conferences or provide help desk support. These types of tasks are not A&AS in nature, but are covered under the scope of the contract because they are incidental to the A&AS requirement.

18) Comment: Reference PWS, Page 9, Paragraph 3.6 Non-A&AS Support: This paragraph states that “The required support for non-A&AS will fall into one of the following categories: Information Management or Other Services. Non-A&AS shall be limited to work that is incidental to the task order level requirements.” This level of detail does not provide information on the possible scope of those non-A&AS activities and could hinder USAFE’s flexibility. If applicable, recommend reinstating the level of detail found in the draft PWS released in March 2011.

Updated Response: The Government will take the recommendation into consideration.

19) Question/Comment: Reference PWS, pages 18 – 28. Please explain the significance of the “(roman numeral, numeral)” after each of the position titles on these pages.

Response: The referenced parenthetical is for internal use by DOCPER to more easily map the A&AS III job description to DOCPER approved job descriptions.

20) Question: The description for Intelligence Analyst includes ‘Designs, develops, engineers and implements intelligence, surveillance, and reconnaissance (ISR) systems’. This seems above and beyond the typical intelligence analyst’s capabilities. Will this skill set be required for all levels of intelligence analyst on this contract?

Response: No. The job description states that the employee “performs one of more of the following…” and lists the referenced task as one of numerous tasks listed. If this level of capability is required, it will be outlined in the specific task order PWS.

21) Comment: FA and IA Level 1 do not define a substitution of two years of experience for BA/BS.

Response: The question does not provide enough details to adequately answer the question. There is no mention of two years experience in Functional Analyst or Intelligence Analyst job descriptions.

22) Question: P/PM has multiple minimum requirements: is it the BA/BS, 12 Years General Management or 10 years IC Support?

Response: Any of the three minimum requirements are acceptable. The job description verbiage will be updated for the final RFP.

23) Comment: The requirement that bidders estimate travel and relocation costs seem difficult for non-incumbents with the current level of detail provided in the PWS. The RFP for the current A&AS II contract listed plug numbers for cost-reimbursable CLINs (Materials: $1,500,000 per year; Travel: $2,500,000 per year; Training: $130,000 per year). If travel is to be included in the total evaluated price, we recommend the Government provide plug numbers for the purpose of a consistent evaluation process.

Response: The final RFP will include estimated costs for training, travel and ODCs. These factors will be included in the pricing spreadsheet and will be used to calculate the total evaluated price.

24) Question: Reference PWS Paragraph 2.3.1, Contractor Training, PWS Paragraph 3.5, Certifications, PWS Appendix B – Analytical Support (AS) Job Descriptions, and PWS Appendix C – Technical Expert (TE) Job Descriptions. In the event a Task Order requires qualifications above and beyond those called out in the Job Descriptions, how do the contractors represent the additional cost of compensating the more qualified personnel in the Task Order pricing?

Response: If outlined in the specific task order RFP, the ODC CLIN will be used to provide funding for over and above task order specific certification requirements.

25) Question: Reference PWS Paragraph 2.17, Logistical Support and Section L, Paragraph F, Volume III – Price, Subparagraph 4, Estimating Methodology Ground Rules. These two areas seem to conflict. Should the contractor assume the Government will pay DODDS tuition on a space available basis when establishing their FFP labor rates?

Response: The government will not pay DODDS tuition on a space available basis. In some instances, funding may be provided under the ODC CLIN for logistical support, but may not be directed specifically for DODDS tuition. The contractor is expected to propose a fully burdened labor rate, to include all relocation costs.

26) Question: Reference PWS Paragraph 6.2.1, Decentralized Ordering. Does this mean as an example that the Army’s (USAREUR) 409th contracting squadron can order and administer a task order under the A&ASIII contract?

Response: Yes. Any of the authorized primary using activities can issue and administer a task order under the contract.

27) Comment: Reference PWS, Page 15, Paragraph 5.1. Change “… may furnish or make available working space,” to “… will furnish or make available working space, ….” This should not be an optional item if performance in a government facility is a contract requirement.

Response: The recommended change will be incorporated into the final RFP.

28) Comment: Reference PWS, page 3, Para 2.5 – Place of Performance: As noted in comments on pricing, place of performance affects pricing. If there are expectations that work will be required at a contractor facility, then the rates will need to be adjusted for that additional cost

Response: The OCONUS work will be performed at a government facility. The CONUS work will be performed at the Contractor’s facility. There is no specific contract requirement for the offeror to establish a facility CONUS or OCONUS.

29) Question: Is all OCONUS work on a Government site? Will the Contractor be required to provide any facilities OCONUS? Will the Contractor be required to provide any facilities CONUS?

Response: The OCONUS work will be performed at a government facility. The CONUS work will be performed at the Contractor’s facility. There is no specific contract requirement for the offeror to establish a facility CONUS or OCONUS.

30) Question: Attachment 1, Draft PWS, Paragraph 2.5.1 states: ""If outlined in the task order PWS, performance may take place within the continental United States (CONUS)."" Will support be provided from a Government facility, or from a Contractor's facility? Please provide more information on what is envisioned for this requirement - this is not addressed in the PWS or the pricing tables.

Response: Any work performed CONUS will be performed at the contractor’s facility. Please note that the majority of the work under this contract will be performed at OCONUS Government facilities. The small amount of work anticipated in CONUS will be performed at the contractor’s facility. There is no specific contract requirement for the offeror to establish a facility CONUS or OCONUS.

31) Question: This paragraph states that if work is performed in a Government facility, the Government may furnish or make available working space, equipment and network access. Under what circumstances would the Government not provide work space? Will sufficient time be provided to obtain pricing information for facilities, equipment, and network access to support a complete proposal?

Response: The majority of the work under this contract will be performed at a government facility. In these instances, the working space, equipment and network access will be provided unless otherwise outlined in the task order RFP. There is no specific requirement under this contract for the contractor to establish a facility.

32) Question: Reference PWS, Page 5, Paragraph 2.15, second sentence states “No Contractor employee will be provided access to USAF unclassified computer network or its inherent capabilities (i.e., internet access, electronic mail, file and print services, etc.) without a valid NAC. Are there similar/unique requirements for obtaining access to HQ USAREUR, HQ USEUCOM and HQ USAFRICOM unclassified networks?

Response: Yes. All A&AS III primary using activities require a valid NAC for access to unclassified computer access. The PWS will be updated to provide clarity.

33) Comment: Reference PWS, page 3, Paragraph 2.4.3: Recommend changing the statement “and may request monthly meetings with the contract’s Government Functional Commander/Functional Director (FC/FD), Government PM, and CO if issues arise” to “and may request meetings at any time with the contract’s Government Functional Commander/Functional Director (FC/FD), Government PM, and CO if issues arise.” Rationale: Issues should be dealt with promptly, and not await a monthly meeting.

Response: The Contractor’s PM shall deal promptly with issues that arise on a daily basis. The meeting referenced in PWS Paragraph 2.4.3 is a Multi-Functional Team meeting to discuss overarching program, contractual and performance issues. The government does not anticipate utilizing this meeting forum to deal with day to day issues that must be dealt with immediately.

34) Question: Reference PWS, Page 4, Paragraph 2.8.2. Please provide the nominal duration of the exercises that the contractor personnel may be required to participate in.

Response: The government anticipates the following exercise types and estimated durations. The durations are estimates. During contract performance, contractor employees shall comply with specific exercise requirements.

1. Base exercises, as required -- no estimate available

2. Wing exercise, approximately 2 hours

3. Joint exercises, approximately 2 – 3 weeks

35) Question: Reference PWS, page 4, Paragraph 2.10 – Conflict of Interest. Does this paragraph apply to government employees who would remain government employees while working on this contract, or to the hiring of government employees who are retiring / separating from government service? Recommend this statement apply to the former case, while retiring / separating employees should be handled via existing laws and regulations on post-government employment.

Response: There are numerous situations that could constitute a conflict of interest. Any potential conflicts of interest will be coordinated with the Contracting Officer and resolved on a case by case basis. All applicable laws and regulations on post-government employment shall be followed.

36) Comment: Reference PWS, Page 9-10, Paragraph 3.7: Request that Army in Europe Regulation 715-9 and all other referenced documents in this PWS be placed in a bidder’s library. The link provided requires a government-issued CAC to access, which may preclude some prospective bidders’ access.

Response: All referenced documents in PWS Appendix F, Reference List, will be uploaded to FBO with the final RFP.

37) Question: Reference PWS Page 10, Paragraph 3.8 discusses a Transition Period for both Basic Contract (3.8.1) and the Task Order (3.8.2) as not exceeding 90 days. Within PWS Section L, Page 6, Section M Pages 2, Page 6 and 7 state Transition Periods not exceeding 120 days. Please clarify which is the correct number of days.

Response: For the basic contract, the transition period is 120 days. For individual task orders under the contract, the transition period shall not exceed 90 days unless otherwise specified in the task order. For the sample task order, the transition period will be 120 days, which will be outlined in the sample task order PWS. The basic contract PWS will be updated for the final RFP.

38) Question: Section J, Attachment1, Draft PWS, paragraph 3.10, page 10 states that all personnel must have a SECRET clearance. Are administrative and management personnel working strictly on administrative duties supporting the vehicle required to be cleared to this level?

Response: All employees working on the contract must have a SECRET clearance at a minimum. If outlined in the task order, certain tasks may require TOP SECRET/Sensitive Classified Information clearance.