Attachment 6 - FA561320R0007_RFIs.pdf

FA5613-20-R-0007 – Request for Information

Question #1 – The combined synopsis/solicitation includes 52.216-1 – Type of Contract (Apr 1984), indicating, “The Government contemplates award of a Requirements contract resulting from this solicitation.” However, the solicitation includes FAR Clause 52.216-19, Order Limitations, and DFARS Clause 252.216-7006, Ordering, which would indicate a Indefinite Delivery/Quantity (IDQ)-type contract (e.g., task orders). Request clarification if the contract is Firm Fixed Price (FFP) or Indefinite Delivery/Quantity (IDQ), Task Order Contract.

The contemplated award type is a Firm-Fixed Price Requirements Type contract. A Requirements type contract is a subset of an Indefinite- Delivery Contract. Task orders will be issued off of the base contract. See FAR 16.503 for further clarification.

Question #2 – The PWS 2.1.1.3 states, “…equipment used outside of the chapel facility is signed out on an AF Form 1297, Temporary Issue Receipt…” Request clarification if a contractor is authorized to sign a Government form.

Yes, the contractor is authorized to sign the AF Form 1297.

Question #3 – The PWS 2.1.4 states, “Contract employees shall receive documented Information Assurance (IA) training within 30 days of their start, by the government, prior to receiving access to the local area network (LAN). Authorized users will receive initial IA orientation and annual awareness training to ensure they know, understand, and apply the IA requirements of Air Force Instruction and IAs.” What Government representative will provide IA training?

The local Cyber Security Liaison for the Chaplain office will assist contract employees in getting the necessary training.

Question #4 – The PWS 2.1.8 Keys states, “These keys are the property of the U.S. Government…” It appears the keys are Government-Furnished Property (GFP); If so, will the keys be listed/identified in the contract as GFP?

The keys will be issued on an as need basis as stated in Paragraph 2.1.8: “The Contractor shall establish and implement methods of ensuring that all keys, if any, issued by the chapel staff are not lost or misplaced, and not used by unauthorized persons. These keys are the property of the U.S. Government and shall not be duplicated.” Therefore, the keys are not considered Government-Furnished Property. They are accountable items and will need to be turned back into the Government.

Question #5 –

The PWS 3.1, Hours of Operation, states, “Hours of Operation for Chapel staff are from 0730 to 1630 Monday through Friday.” Request clarification if the contractor personnel are working on weekends to support chapel services.

The hours referenced in Paragraph 3.1 are the normal office hours of the Ramstein Chapel staff. Religious gatherings/masses occur on weekends. The addendums note performance times may vary throughout the week for directors/accompanists and both core and flex hours for the religious education coordinator positions. Contractor personnel will be required to adhere to their respective addendums.

Question #6 – The PWS 3.7.1, Alternate Place of Performance, states, “…contractor employees may be required to work at an alternate place of performance in cases of unforeseen conditions or contingencies…” Does this include telework at contractor’s facility (e.g., homes) due to COVID-19 pandemic or similar situation? Will FAR Clause 52.242-15, “Stop Work Order,” be included in the contract in the event contractor personnel are unable to perform at Government location?

Yes, telework would be allowed under Paragraph 3.7.1, if contractor personnel are able to fulfill the duties outlined in their respective addendum via telework. We are contracting under FAR Parts 12 and 13, therefore clause 52.242-15 will not be included as the prescription for that clause is for contracting by negotiation, see FAR 42.1305(b)(2)

Question #7 – The Families First Coronavirus Response Act (Public Law 116-127) includes the “Emergency Paid Sick Leave Act” legislation. Will this federal mandate to provide up to eighty (80) hours of paid absences stemming from COVID-19 apply to this solicitation? If not, why not?

All offerors must determine whether any particular law or regulation, to include The Families First Coronavirus Response Act, impacts their operations while performing this requirement. The USAF expects an awardee to fully comply with all applicable laws and regulations in order to legally perform this requirement.

Question #8 – If we, as a contractor company, choose to hire personnel without independent status under NATO SOFA in this contract, what then would be our obligation to submit paperwork to DOCPER?

Please reference Clause 5352.242-9000 for your obligation to submit paperwork to the DOCPER office or visit their website for more information: https://www.eur.army.mil/contractor/

Question #9 – Has this solicitation received Phase 1 approval by the German Ministry of Foreign Affairs under Article 72 of the Supplementary Agreement to the NATO SOFA with Germany? If not, does the Contracting Officer at some point intend to process this contract solicitation to the German Ministry of Foreign Affairs for Phase 1 approval?

No, Phase 1 approval cannot happen until after contract award. Please reference Clause 5352.242-9000 or the DOCPER website for more information on the process: https://www.eur.army.mil/contractor/

Question #10 – Can current incumbent contractors who already have independent NATO SOFA status transfer that status automatically into this new contract for the same work? In other words, do incumbent contractors have to go through the whole DOCPER process all over again based on a new contract for the same work?

Please visit the DOCPER website for more information on the DOCPER process: https://www.eur.army.mil/contractor/

Question #11 – Does the Defense Base Act (i.e., the federal mandate for defense contractors to possess Workers Compensation insurance for all overseas contractor employees) apply to this solicitation in accordance with FAR 52.228-3/DFARS 5152.228-4033? If not, why not?

This requirement does not meet the definition of “Public Work Contract” as described in FAR 28.305, therefore the Base Defense Act does not apply to this solicitation.

Question #12 – On Page 2 of the solicitation and then again on Page 26 there is mention of the “Restriction on Subcontractor Sales to the Government” (FAR 52.203-6 Alt I). On the former page the requirement is mandatory, and on the latter page the requirement is not checked. Which is it?

The clause does apply. The RFQ will be updated to show the removal of the clause on Page 2 and the Box will be checked next to the clause on Page 26.

Question #13 – Will the Government provide guidance in the solicitation with regard to the obligation of offerors to pay German taxes for independent subcontractors and/or employees without independent NATO SOFA status?

No, the Government cannot provide guidance. Please seek independent tax/legal assistance.

Question #14 – Several of the incumbents are requesting that we make them independent contractors (i.e., subcontractors) after contract award. However, this solicitation appears to be “Troop Care” (TC) as defined under NATO SOFA. If this solicitation is TC-coded, will the Government sponsor the winning offeror to receive an exception so that its non-W2 employees (i.e., independent subcontractors) can obtain independent status under NATO SOFA? NOTE: On Page 9 of Army in Europe Regulation 715-9 (“Contractor Personnel in Germany—Technical Expert, Troop Care, and Analytical Support Personnel”), Section II, Para 6(d), the current EUCOM policy guidance seems to EXCLUDE subcontractors from receiving any independent NATO SOFA status for TC contracts. If we are the winning offeror, may we receive an exception for the new contract?

The positions for this requirement have not received Troop Care Status Accreditation from the DOCPER office. Please visit the DOCPER website for more information on the DOCPER process: https://www.eur.army.mil/contractor/

Question #15 – What are the respective contract numbers (and/or task order award numbers) for the all the incumbents for this solicitation?

The information was provided via Amendment 1 on 15 May 2020.