Q A_Set__1_KMC_Mobile_Comm_Svs_Solicitation_24Nov15_Final.doc
DOC document 71 KB Posted
- Attached to
- KMC Mobile Communication Services Federal contract opportunity
- Solicitation number
- FA5613-16-R-0002
About this file
Questions Answers (Q As) Set 1 in response to the DRAFT solicitation and actual Solicitation.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Example_Usage_3of4_Corrected.xlsx | XLSX spreadsheet | |
| Attach_1_PWS_Mobile_Comm_Svs_16-R-0002.docx | DOCX document | |
| Attach_3_Pricing_Schedule_16-R-0002.doc | DOC document | |
| Attach_2_Applicable_Clauses_and_Provisions_16-R-0002.doc | DOC document | |
| Example_Usage_4of4.xlsx | XLSX spreadsheet | |
| Combined_Synopsis-Solicitation_16-R-0002.doc | DOC document | |
| Example_Usage_2of4.xlsx | XLSX spreadsheet | |
| Example_Usage_1of4.xlsx | XLSX spreadsheet | |
| Example_Usage_3of4.xlsx | XLSX spreadsheet |
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Text version
FA5613-16-R-0002
24 Nov 2015 Q&As Set #1
Questions and Answers (Q&As) from the solicitation of the future KMC Mobile Communication Services Contract (including the DRAFT)
| Question |
| Answer |
| 1. |
| Can we also offer a 5 year deal with a price benchmark after 24 months? |
| The Government will actually now have a “benchmark” every 12 months. This requirement is being solicited for one base year and 4 option years. The revised PWS now includes para 8.5, which addresses the possibility to adjust the option year prices in order to give the Government the best deal available at the time of option exercise. |
| 2. |
| Is it possible for the offeror to submit exceptions or supplementary offers? |
| Please refer to FAR clause 52.212-1(e) for multiple offers. Offerors can also submit exceptions, but are warned that offers that reject the terms and conditions of the solicitation may be excluded from consideration in accordance with (IAW) FAR 52.212-1(b)(11). All offerors will be evaluated IAW FAR 52.212-2. |
| 3. |
| The solicitation does not provide rules for liability limitations. This would pose substantially difficulties for an offeror as it had to consider risk surcharges, which could increase the prices. It could even discharge the offeror from submit an offer. Therefore, we ask for the inclusion of the following liability limitation. |
The contractor shall be liable for breaches of duty based on a firm intention or gross negligence as well as in the event of the violation of an essential contractual obligation if this threatens the fulfillment of the contractual purpose (cardinal obligation) even as a result of simple negligence. If the contractor is liable on account of simple or gross negligence, the liability per damaging event is limited to [XX], 6/7 the total liability per year is limited to a maximum of [XX]. This limitation of liability is not allowed if the contractor has assumed a guarantee or procurement risk for damages which have to be rectified according to the product liability law as well as for damages relating to life, the body or health. If section 44a German Telecommunications Act is applicable, the liability limitation of section 44a clause 1 to 4 German Telecommunications Act is valid.
The solicitation does provide rules for liability limitation in Attachment 2, Clauses and Provisions, under FAR 52.212-4(p).
Liability limitation or limitations in addition to those included in the solicitation will not be incorporated into this contract.
| 4. |
| FAR 52.212-4 (m) provides the opportunity for the Government to terminate for cause and FAR 52.212-4 (l) provides the opportunity for the Government to terminate for the Government’s convenience. However, there are no regulations that provide the same rights for the contractor. Is it possible to integrate the following regulations: |
The contractor may terminate this contract for cause in the event of any default of the Government, or if the Government fails to comply with any contract terms and conditions. The contractor reserves the right to terminate this contract for its sole convenience.
No, it is not possible to incorporate a clause which allows the contractor to terminate the contract for cause or convenience. The contractor’s rights are protected under 41 U.S.C chapter 71, Contract Disputes, as incorporated into this contract under FAR 52.212-4(d).
| 5. |
| Is it possible to conclude the EU Standard Contractual Clauses (http://ec.europa.eu/justice/data-protection/international-transfers/files/clauses_for_personal_data_transfer_set_ii_c2004-5721.doc) to act in compliance with the German Federal Data Protection Act |
| The Government will not include any clauses that are not part of the Federal Acquisition Regulation (FAR) or any of the supplements thereto. The contractor shall be authorized to perform in accordance with DFARS 252.225-7042 in the country in which the contract is to be performed, and is responsible for adhering to all applicable local laws and regulations in addition to the terms and conditions of the contract. |
| 6. |
| The solicitation does not contain any regulations, how the contractor can meet the requirements of the German Telecommunications Act or the regulations of the telecommunications market. Is it possible to integrate the following provision in Attachment 2: |
The contractor is allowed to fulfil any regulations according to the German Telecommunications Act:”
No provisions or language in addition to that what is included in the solicitation will be incorporated in this contract. In addition, contractors are not prohibited by any contract clause to fulfill any German laws and/or acts. Furthermore, the contractor shall be authorized to perform IAW DFARS 252.225-7042 in the country in which the contract is to be performed, and is responsible for adhering to all applicable local laws and regulations in addition to the terms and conditions of the contract.
| 7. |
| Is it possible to integrate the following provision in Attachment 2: |
The contractor is allowed to adopt its performance to technical changes Para 3.1 of the PWS already addresses system changes or upgrades. Additionally, there is no language included in this solicitation that would prohibit technical changes; however, if changes are being made that may affect any kind of service covered under this contract or result in changes in the terms and conditions of this contract, a written contractual change (modification) would become necessary IAW FAR 52.212-4(c), which is included in the solicitation.
| 8. |
| FAR 52.212-5 (d) provides the obligation of the contractor to grant access to records, materials etc. Is it possible to delete this regulation as the German regulatory authority (Bundesnetzagentur) can already carry out examinations? |
| No, it is not possible to delete FAR 52.212-5 (d) as this is a contract with the U.S. Government governed by the FAR. |
| 9. |
| Generally, the FAR do not distinguish between subcontractors and simple suppliers. Is it possible to include the following provision in Attachment 2: |
The obligations according to the FAR only apply to subcontractors and not to simple suppliers There is not a distinction being made by the FAR because simple suppliers are also subcontractors by definition. Therefore, this statement will not be incorporated into this contract.
| 10. |
| Pursuant to the Attachment 2 the relationship between FAR 52.217-8 and the following note is not clear. Is it correct, that the subsequent note to FAR 52.217-8 shall take priority over FAR 52.217-8 to evaluate prices? |
| No, FAR 52.217-8 is not about evaluating prices, but rather explaining which price (already evaluated) will be used for the extension period. The evaluation of prices is explained at FAR 52.212-2(a)(1). The note to FAR 52.217-8 is simply to further explain the clause. |
| 11. |
| We do have a question regarding the excel files. Do we have to add all the traffic of all excel files or why did you provide 4 files? Could you please explain the files. |
| The current usage data had to be divided up into 4 files as the original file was too large to be uploaded; therefore, the files are named 1 of 4, 2 of 4, 3 of 4 and 4 of 4. So yes, you have to add the data together. With that said, it was discovered after posting the solicitation that files 1 & 3 are duplicate files. Please disregard the original file #3, and replace with the new file #3 being uploaded with this Q&A. |
| 12. |
| What do you mean e.g. with the red ones [ESTIMATED AMOUNTS] in the pricing schedule? 9,900, 120, 9,300 etc.? |
| The estimated quantity on each Contract Line Item Number (CLIN) gives the estimated amount of units the Government expects to order during the associated period of performance. For example: for CLIN 0001 (Basic Voice Only), the Government estimated that it will need 9,900 months during the base period (01 Apr 2016 – 31 Mar 2017). When the ESTIMATED QUANTITY is divided by 12 months (duration of the base period), it equals an estimated total of 825 basic packages which is shown in the CLIN description. |
| 13. |
| Unfortunately the provided information about the traffic are fully useless. |
We need valid information in order to calculate a business case.
Please provide us the following information. Your current provider is able to provide you the requested information.
average per minutes overall the last 3 month:
VF intern, Calls to internal pbx, Mobilbox, Fixed network, VF extern, T-Mobile, E+, O2, Mobile Terminated Calls, Europe/Africa/USA, Mobile Originated Calls, Europe/Africa/USA, SMS VF, SMS T-Mobile,E+,O2 Data Usage MB national, Data Usage MB Europe, Data Usage MB Africa, Data Usage MB USA, Total of all international Data MB The 4 excel files provide all available current usage data covering a recent period of 3 months. Again, this information is not a predictor of future data usage, but gives offerors an idea of typical usage to consider when preparing their proposals.
All data you are requesting is contained in these 4 excel files; except for totals. As we have uploaded the original excel files and not pdf files, you are able to sort or manipulate the data (by using excel commands or statistical programs like SPSS) however you determine necessary. For example, to extract VF intern traffic please select “Gespräche – VF D2 zu VF D2”, “Gespräche – VF D2 zu VF D2 mit VF-Corp.Group“ and „Gespräche VF zu Mailbox, gruppenintern“ in column 6. Via that column you can also extract calls to internal pbx, Mobilbox, Fixed network, etc.
We are able to provide a few additional pieces of information concerning the excel files:
· The 3rd column “Duration” is the amount of seconds
· The last 2 columns (7th & 8th), “Uplink/Downlink Data Volume” is the amount of KB
| 14. |
| Quantity current situation: |
Mobile contracts voice only:?
Mobile contracts voice/data:?
Mobile contracts only Data:?
As of 16 October 2015, there are 601 voice only users and 1053 voice and data users. Please note that these quantities can fluctuate slightly from month to month. Data only packages are not available under the current contract; this will be a new feature with the new contract.
This contract will be set up differently than the current contract; the current contract is set up with 4 Tiers, whereas this one will have basic and optional packages, as described at PWS para 8 (including subparagraphs).
| 15. |
| In order to find out if your current provider wants to provide you valid information we would like to know the current monthly revenue of the last 3 months. |
| The Government shall not provide Vodafone’s revenue data. That information is proprietary to Vodafone and prohibited from release. |
| 16. |
| So, we would like to ask you for an extension for the due date. |
| At this time, no extension to the date/time specified in the solicitation for receipt of offers is being granted. |
File details come from the government source that posted it. Updated .