Response_to_A AS_III_Draft_RFP_-_RFP_Questions.doc

Government Responses to Industry Comments

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

1) Question: Does the government anticipate the release of a Final RFP or revised Draft RFP prior to the pre-proposal conference?

Response: The government anticipates release of the final RFP prior to the pre-proposal conference.

2) Question: When will a tentative schedule of task order RFP release be provided?

Response: This information will be provided with the final RFP.

3) Question: Is the date for the Pre-Proposal Conference firm? This will facilitate travel planning.

Response: The Government anticipates a pre-proposal conference date of Friday, 5 Apr 13. However, the dates are subject to change, and all potential offerors should continue to monitor FBO for release of the final RFP.

4) Question: When will the awardable task orders be released? Will Section J, Attachments 11 and 12, be included in the RFP or released separately after the initial RFP release?

Response: The awardable Task Order RFPs will be released in conjunction with the finial solicitation.

5) Question: What is your current projected acquisition schedule? Final RFP, response time, questions, pre-bid conf, etc.?

Response: The Government anticipates final RFP release in early 2013. The anticipated date for the pre-proposal conference is Friday, 5 Apr 13. However, all dates are subject to change, and all potential offerors should continue to monitor FBO for release of the final RFP.

6) Question: The RFP states “There may be instances when work must be accomplished at the Contractor’s facilities.” The Section J, Attachment 2, Labor Category Pricing spreadsheet does not support an entry for government site and contractor site rate pricing. To allow for government site and contractor site labor pricing does the government require a different rate for each government site and contractor site rate for each labor category or a single rate as indicated in the pricing spreadsheet?

Response: A single rate is to be proposed for each labor category in each zone for the base and each option period. Offerors should bid Zone 1 and Zone 2 rates consistent with performance in a Government facility. Offerors should bid Zone 3 rates consistent with performance of work in the Contractor’s facility.

7) Question/Comment: The CLIN structure provides for the pricing of three different zones: Germany, Italy, and other in scope locations; United Kingdom; and CONUS. In our experience, there is a substantial difference in the cost of living and prevailing wage rates within Germany. Would the Government consider increasing the number of zones to four? We recommend: Zone 1 – Stuttgart (EUCOM/AFRICOM); Zone 2 – Other Germany (USAFE/USAEUR); Zone 3 – United Kingdom; Zone 4 – CONUS.

Response: The government will take the recommendation into consideration.

8) Question: H-3 states that task order proposals will be evaluated utilizing Lowest Price Technically Acceptable (LPTA) or Performance Price Tradeoff (PPT) source selection procedures. M-2 states that the IDIQ contract will be awarded on an LPTA basis, yet also refers to the competition as a “competitive best value source selection.” In our experience, best value competitions enable the government to ensure greater mission continuity and more experienced support. Will the government compete the IDIQ contract on an LPTA basis? Will the government compete all task orders on an LPTA basis?

Response: The best value continuum contains both LPTA and tradeoff source selection procedures; therefore, LPTA is still considered a best value source selection.

The basic IDIQ contract will be competed using LPTA source selection procedures. While LPTA will the predominant source selection method for task orders, if deemed in the best interest of the Government, PPT source selection procedures may be used.

9) Question: Will the Government be providing labor hours and estimated travel in the final RFP in order to provide an equitable method for evaluating all of the cost proposals?

Response: Yes. The final RFP will include estimated labor hour usage per labor category, as well as estimates for training, travel and ODCs. These factors will be included in the pricing spreadsheet and will be used to calculate the total evaluated price.

10) Question: Are we to utilize only 2080 hours each LCAT in the pricing table for evaluation purposes or will the government provide a Level of Effort (LOE) basis by which the total evaluated price (TEP) will be assessed? The A&AS II RFP incorporated historical estimated hours against the RFP labor categories. We believe this will ensure a consistent and fair approach for evaluating price.

Response: The final RFP will include estimated labor hour usage per labor category for each labor category for the base year and each option year. These factors will be included in the pricing spreadsheet and will be used to calculate the total evaluated price.

11) Question: The RFP states that Contractors are to use 2080 hours as the equivalent for one man year. Do the 2080 hours include holiday time and leave time?

Response: The 2,080 hours was generated by multiplying a full time work week by the number of weeks in the calendar year (40 x 52 =2,080). If outlined in the individual task order RFPs, mission/security essential contractor employees may be required to work during holidays to fulfill the contract requirements.

12) Question: Does the 40 hours per week minimum for Germany represent a conflict with the AE Regulation, which is 20 hours per week?

Response: Contractors are required to work a minimum of 20 hours per week in order to be eligible for status accreditation. As long as the minimum requirements under this contract are in excess of the DOCPER minimum, the Government sees no conflict.

Reference attached DOCPER FAQs numbers 20 and 27, which can also be found at the following link: http://www.eur.army.mil/g1/content/CPD/docs/docper/FAQs_Jan12.pdf

13) Question: Labor CLINs are identified as FFP and FFP Level of Effort. What criteria will be used to make this determination? Does the Government envision FFP will be used primarily for those activities that have discrete deliverables, and the balance will use FP LoE since they will be driven by duration of support as opposed to discrete deliverables?

Response: It is the Contracting Officer’s (CO’s) discretion to either use Firm-Fixed-Price (FFP) or Firm-Fixed-Price Level of Effort (FFP LOE) based on the customer’s requirements.

The nature of the A&AS work to be performed is a stable, long standing requirements that are well defined. Therefore, the majority of the task orders will be FFP. There are certain instances, which include but are not limited to contingencies, studies and analysis which may utilize FFP LOE.

14) Question: Reference Draft RFP, Section B – Supplies or Services and Prices. The RFP identifies FFP and FFP LOE CLINs. Please elaborate on the Government’s criteria for selecting one over the other for use under the A&AS III contract. Will FFP LOE be limited to a dollar value threshold such as $100K and limited to orders for studies? This type of order is historically rarely used. How does the government intend on using it on this contract?

Response: It is the CO’s discretion to either use FFP or FFP LOE.

The nature of the A&AS work to be performed is a stable, long standing requirement that is well defined. Therefore, the majority of the task orders will be FFP. There are certain instances, which include but are not limited to contingencies, studies and analysis which may utilize FFP LOE

15) Question: Reference Draft RFP, Section B – Supplies or Services and Prices. There is no CLIN for Extended Work Week. Given that many of the task orders require supporting real world events (i.e. Arab Spring, Benghazi) that are unpredictable and unknown at the time of the initial task order bid, how will the Government compensate the contractor to cover the additional hours required to execute the customer’s mission?

Response: These types of real world events, contingencies and declared crises will be awarded under a FFP LOE task order. However, 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. In these instances, 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.

16) Question: Is it correct to assume the clause H-6 OCIS applies to the ID/IQ contract and subsequent Task Orders, but OCI will be evaluated on a Task Order Basis?

Response: All clauses listed in the basic IDIQ contract apply to subsequent task orders. Any OCI that arises during performance of the contract will be evaluated and resolved on a case-by-case basis.

17) Question: Is it correct to assume clause H-7 Potential OCI applies to Task Orders and that the contractor will be eligible to submit an OCI mitigation plan should a potential or actual OCI exist?

Response: All clauses listed in the basic IDIQ contract apply to subsequent task orders. Any OCI that arises during performance of the contract will be evaluated and resolved on a case-by-case basis.

18) Question: With regards to 5352.237-9001, Mission essential contractor personnel, what will be the basis for determining where these requirements are applicable? Is the work under all anticipated Task Orders be deemed to be mission essential, or will this be identified within each Task Order? Is the Program Manager deemed to be Mission Essential?

Response: If any task order requirements are mission/emergency essential tasks, it will be clearly identified as such. The Program Manager requirement outlined in PWS paragraph 2.4.1 is not mission essential.

19) Question: Can the requirement for 5352.215-9000, Facility Clearance, be met with a corporate facility located in CONUS?

Response: Yes.

20) Question: Will DFAR clause 252.229-7001 be inclusive of Alternate I (JUN 1997) making purchases in Germany tax exempt?

Response: Yes. Please note that these 252.229-7001 and 252.229-7001 Alternate I are only applicable to foreign contractors.

21) Question: Reference Draft RFP, Section B – Supplies or Services and Prices. Will the FFP task order PWS’s provide sufficient detail for the contractor to have complete and sufficient information to determine the number of labor hours it can reasonably expect to provide the government in performance of the work to include basic and EWW?

Response: The task order RFP will outline the task order 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.

22) Question: Reference Draft RFP, Section B – Supplies or Services and Prices, ODC CLIN. In both the DATA CLIN and the ODC CLIN the government indicates that G&A will not be an allowable cost. Given that contractors disclosure statements generally load the procurement of items purchased for the Government’s benefit with the cost of purchasing the items such as its procurement department cost, financing the purchase pending the governments payment, accounting for the cost of the item and invoicing the government for the items and these are reimbursed through G&A or a material and subcontracting burden; how then does the government expect the contractor to recapture its cost of performing these services?

Response: There are no contract requirements for material to be procured by the contractor. 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. The Data CLIN is Not Separately Priced and will be used for data deliverables under the contract, not data the contractor is procuring under the contract.

23) Question: Reference Draft RFP, Section B – Supplies or Services and Prices, ODC CLIN. What dollar value is the contractor expected to procure so we can anticipate the absorption for procurement costs?

Response: There are no contract requirements for material to be procured by the contractor. 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.

24) Question: Reference Draft RFP, Section B – Supplies or Services and Prices, ODC CLIN. Given that most contractors address these costs in their DCAA approved cost accounting standards, please explain why the government is excluding these costs contrary to generally accepted accounting practices?

Response: This question lacks sufficient detail to answer. If the excluded costs referenced are G&A, 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.

25) Question: Are the proposed labor rates to assume no logistics support to be provided by the Government?

Response: Yes. Offerors are expected to propose fully burdened labor rates to include the cost of all logistics support items.

26) Question: Are the additional required Certifications sufficient cause for a labor rate increase?

Response: The fully burdened labor rate will operate as a maximum (ceiling) to be charged for each labor category. If there are task order specific certification requirements over and above the job description minimum qualifications, additional funding may be provided or proposed in an ODC CLIN in accordance with the task order RFP.

27) Question: How will the Government calculate the Total Evaluated Price (TEP)?

Response: In accordance with Section M, paragraph M-2.C.2, “The total evaluated price for the base period and each option period will consist of the total of the labor category’s extended price plus the total of travel (including G&A), training and ODCs.”

Section J, Attachment 2, Labor Category Pricing Spreadsheet will include estimated labor hour usage per labor category, as well as estimates for training, travel and ODCs. These factors will be included in the pricing spreadsheet and will be used to calculate the total evaluated price.

28) Comment: Recommend the use of NAICS code 541712 (aircraft exception) which would be consistent with other US Air Force A&AS contracts.

Response: The Government acquisition team did an analysis of NAICS codes and determined NAICS code 541990 (All other Professional, Scientific, and Technical Services) is the most appropriate for the current acquisition.