FA8051-21-R-3008 Government Responses to offeror solicitation questions 4-12-21.docx

April 12, 2021 FA8051-21-R-3008 Government Responses to Offeror solicitation questions.

Government responses in red text.

Q1.) At the IDIQ level, the schedule of shipments within the 5-year ordering period and other specifications such as shipment dimensions, weights, and destinations are not defined. Since the cost for shipments and the associated logistics will vary significantly by shipment destination, dimension and weight, and over time, it is not possible for offerors to prepare realistic estimates of the direct and indirect costs much less to map the indirect costs to the unit prices of kit items. However, in Clause 52.216-18 Ordering, the Government instructs offerors: "Shipping pricing shall NOT include pass through profit, G&A, overhead, or any other fee or rate. Those costs are to be included as part of the pre-established line item pricing." This requirement seems to impose unacceptable cost risk on the contractor given the undefinitized requirements. Is it the Government's intention that the offeror should add rows to the CLIN spreadsheet to propose FFP hourly rates for labor and rows for indirect costs such as G&A/material handling fee and proposed profit as percentage rates? Please clarify.

A1.) No, it is not the Government’s intention for Offerors to add rows to the pricing sheet. As specified by the addenda to 52.212-1, Instructions to Offerors Commercial Items paragraph (b)(6) Factor II Price, unauthorized changes to the price sheet will not be considered. Indirect costs or fees like G&A/material handling fee and proposed profit related to shipping should be loaded in the pre-priced items as stated. Direct shipping costs shall be proposed Firm-Fixed Price (FFP) on a Delivery Order (DO) basis once the delivery information is provided for that order.

Q2.) The ADR FRP IDIQ Price Sheet includes just one column to propose unit prices for each kit and for the component elements. We respectfully ask the Government to revise the price sheet to allow offerors to propose prices for each contract year. This request is consistent with the LPTA source selection process and FAR 15.404-1(b)(2).

A2.) The price sheet will not be revised for Offerors to propose prices for each contract year. The price sheet is structured to include estimated quantities for the entire 5-year ordering period. The quantities to be ordered are projected to remain similar annually.

Q3.) The instructions state: “Extended totals will be automatically calculated by the spreadsheet.” However, ADR FRP IDIQ Price Sheet does not include calculations/formulas or a column for an extended price. Would the Government please issue an updated price sheet or provide guidance for offerors to make adjustments?

A3.) An amended price sheet with formulas has been uploaded to BETA SAM the revised price sheet also adds clarity to the proposed IDIQ CLIN structure. The solicitation has also been amended changing the word “CLIN” to “item” in the following sentence in paragraph (b)(6) of 52.212-1 to match (ii) of 52.212-2) “Offerors are required to fill in the unit price and only the unit price for all items identified in the CLIN Price Sheet.”

Q4.) Since this is a total small business set aside contract that includes substantial procurement requirements, please add to the contract the clause 252.232-7004, DoD Progress Payment Rates (DEVIATION 2020-O0010), in lieu of the clause at DFARS 252.232-7004 or 52.232-16, Progress Payments (DEVIATION 2020-O0010) in lieu of the clause at FAR 52.232-16, whichever of the two clauses applies.

A4.) The requested clauses will not be added. FAR 32.002(c)(3) notes that subpart 32.5 is not applicable for purchases under the authority of FAR part 12. DFARS 252.232-7004 is prescribed by 232.502-4-70 similarly making it not applicable to commercial acquisitions. The Government intends to be flexible with delivery payments on a DO basis where partial payments can be made for partial quantities or partial deliveries based on completion of certain areas of the SOW such as approved drawing submittals; approved sample inspections; successful inspections prior to shipping.

Q5.) Would the Government please provide to offerors a draft schedule of the kits planned to be ordered by year over this five-year ordering period? As a small business, this will allow us to prepare for ordering the materials, as some items require long lead time. This will support streamlined operations and improve productivity.

A5.) The Government does not have a draft schedule. The price sheet is structured to include estimated quantities for the entire 5-year ordering period. The quantities to be ordered are projected to remain similar annually.

Q6.) Please remove clause 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. Alternate I. Rationale: Given that this is a total small business set aside for commercial items, the commercial item exception for nontraditional defense contractors applies [See 252.215-7010 Alternate I (b) (ii) (E)].

A6: The basis of applicability and inclusion of the provision is DFARS 215.408(5)(i). In the event adequate price competition cannot be determined the Government may need to obtain “other” than certified cost and pricing data to find prices fair and reasonable under the authority of 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. Alternate I.

Q7.) SOW 3.1.4 Please confirm that the locations of the on-site inspections will be at the contractor's site where kits are assembled? If this is not correct, please clarify the locations where inspections will take place.

A7.) Yes, at the contractors site or other mutually agreed location.

Q8.) Reference SOW 3.1.4 and 3.1.5: Are inspections required prior to shipment for all items or just for the full kits?

A8.) Inspections are required for all items to include but not limited to full kits. The Government reserves the right to waive these inspections per DO.

Q9.) Will the USG Consider an extension to the contract?

A9.) A one week extension for the solicitation has been granted as follows. Electronic proposals are due 22 April 2021 at or before 4:00 PM, Central Standard Time (CST). Questions regarding the solicitation amendment must be submitted by 15 April 2021 at 4:00pm CST. Any questions asked over the telephone will not be answered. Any questions received after this date and time may not be answered.

Q10.) 2. In the SOW, paragraph 2.1 Contractor's responsibilities, the document states, "The Contractor shall load and unload all FRP kits, sub-kits, or individual items at their origin and at each destination (door to door). The contractor shall provide all equipment, manpower, tools, and vehicles to perform all product loading and unloading. The contractor shall offload all kits and materials from shipping truck/containers at destinations and deliver to the installation final location(s) as identified in each Delivery Order (DO)."

-Can you provide more detail on the off-loading and transport service overseas?

For example:

A10.) Government responses in red.

-Will the contractor have a dedicated POC or company they will work with to coordinate the logistics once overseas? The Government will not be coordinating overseas logistics that is the responsibility of the contractor. The Government will provide delivery POCs to receive the shipment at the designated location. These POCs will vary DO to DO dependent on items being delivered.

- WIll the USG authorize government transportation? No

- Will the USG sponsor the Contractor in (each foreign) country? Please see FAR 52.216-18 Ordering.

- Is the Contractor responsible for all customs paperwork, duties and fees? Yes, the contractor is responsible.

Q11.) In the SOW, Paragraph 4.1 Deliveries, It states, "Deliveries under this contract are to Main Operating Base (MOB) or Forward Operating Base (FOB) destinations. The contractor shall employ packaging and shipping techniques to preclude any damage from rough transport either by land, sea, or air. The contractor shall be responsible for expenditures associated with damage incurred during shipping to include on-site repairs or replacement of damaged items. The contractor shall provide all product loading at the origin and all product offloading at the destination (door to door)."

A11.) Government responses in red.

- Is the Contractor responsible for travel, housing/warehousing and labor costs at the destination or will the USG provide any of these? Yes, the contractor is responsible.

- How will the Contractor get on each base, or will the USG take ownership of the kits at the port of entry (POE) or outside the base? The contractor will be admitted to each base in accordance with (IAW) each bases local access requirements for entry. The Government will sponsor eligible contractors onto base but not take ownership of the kits or individual items until they are unloaded and placed at the designated site at their final delivery location.

- The current list of locations says "possible locations". Do you have a detailed list of locations in order for Contractor to work on the true cost of freight and transportation?

Please see FAR 52.216-18 Ordering and A1 above. The list of locations should be considered final for proposal purposes; any changes to the list would need to be negotiated as a future in-scope change. The word “possible” has been removed and a revised attachment has been uploaded to BETA SAM.

Q12.) In the BETA SAM Notification underneath Addenda to 52.212-2 Evaluation-Commercial Items, the notice states, "Award will be made to the Low Price Technically Acceptable (LPTA) offerer with acceptable past performance, and that is determined to be responsible in accordance with FAR 9."- Does this mean that the USG will only award this contract to a Contractor who has first shown Acceptable Past Performance? Or is this a straight LPTA contract?

A12.) Please see the Addenda to 52.212-2 Evaluation-Commercial Items (iii) Factor III Past Performance.

Q13.) The lead time on some of the items referenced in some of the kits is considerable. Is there any flexibility in requirement dates for these items or the ability to swap them out with a similar/like item?

A13.) There is only one known potential long lead item referenced in the kits (in the tool kit). If this or any item were swapped out it would need to be determined as equivalent and if different than the product proposed at award would require Government approval at time of substitution.

Q14.) Who pays for the first article test (FAT) samples cited in Appendix A, Paragraph A4. FRP Mat Panel Components Verification in the solicitation?

A14.) The contractor is responsible.

Q15.) While we understand the quantities in the solicitation are for reference only, however, are these the estimated quantities for the life of the contract (5 years) or for one year?

A15.) The price sheet is structured to include estimated quantities for the entire 5-year ordering period. The quantities to be ordered are projected to remain similar annually.

Q16.) Is a facility clearance or security clearances required?

A16.) No Q17.) Would you consider removing the small business set aside?

A17.) No, the Government cannot remove the small business set aside under an open solicitation.

Q18.) Reference SOW 3.1.1. The delivery schedule for complete shipments is 240 calendar days ARO (SOW 3.1.1). However, items within these kits require more than 26 weeks to acquire. Please consider changing the delivery schedule for complete shipments to 330 calendar days ARO.

A18.) The Government will relax the SOW 3.1.1 requirement to 330 calendar days ARO, but will accept early deliveries. A revised SOW attachment has been uploaded to BETA SAM.

Q19.) Reference ADR FRP IDIQ Price Sheet. Please consider allowing offerors to price quantity ranges consistent with the LPTA source selection process and with historical pricing for similar items [see FAR 15.404-1(b)(2)].

A19.) Offerors must adhere to the addenda to 52.212-1, Instructions to Offerors Commercial Items paragraph (b)(6) Factor II Price.

Q20.) Reference ADR FRP IDIQ Price Sheet. It is our understanding that the battery listed in row 64 of the CLIN structure with Pricing worksheet (BATTERY FOR GENERATOR, 12-VOLT) is not available separately. Please consider removing that line item from the pricing sheet.

A20.) It is the Government’s understanding this item can be priced separately.