Supplemental Question Set.docx
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- Attached to
- Clinical Acquisition for Support Services (CLASS) Program Federal contract opportunity
- Solicitation number
- FA8053-11-R-0002
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Supplemental Question Set. Includes answers to additional questions received on the CLASS program - after the original Question Set was posted on 25 Jan 11.
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CLASS Draft RFP and Industry Day Supplemental Question Set
| ID |
| Date |
| Question |
| Response |
SUPPLEMENTAL QUESTION SET
| 165 |
| 7 Feb 11 |
| Will the Government consider allowing work performed within the VAMC to be included within the Highly Relevant Criteria? |
The Government will consider Veterans Administration Medical Center (VAMC) as “other federal agencies” in accordance with M-3 Relevancy Table.
| 166 |
| 7 Feb 11 |
| Will the Government accept past performance questionnaires to be completed by Primes and/or Subcontractors who provide services for each other and who are bidding this procurement as Teaming Partners? |
In accordance with Section J, Attachment 11, past performance questionnaires are sent “to the primary customer point of contact (POC) listed on the Past Performance Information Sheet for the contract identified that is most familiar with the performance effort.” “Primes and/or subcontractors” would not be completing questionnaires.
| 167 |
| 7 Feb 11 |
| Kindly clarify the weight differential which was referenced in the most recently released set of Questions and Answers (Q/A #158). |
Specifically, if possible, has an actual scoring/rate factor been determined with regard to M4.6.3 within the Draft RFP for past performance provided as a Prime versus that of a Subcontractor?
For the offeror proposing to be the prime Contractor, past performance as a prime Contractor will be considered more favorably than past performance as a subcontractor (see M4.6.3). IAW Section M2, the source selection process, by its nature, is subjective and, therefore, professional judgment is implicit throughout the entire process.
| 168 |
| 7 Feb 11 |
| With regard to Past Performance within DoD which was awarded under a Company’s Federal Supply Schedule – Will the Government recognize all Branch Specific (e.g. Air Force, Army, or Navy) as bundled Task Orders/Contracts as representation as one Past Performance Reference? |
| The qualifying criteria for a past performance reference to be considered unique on the proposal is the contract number. Therefore, if the call/delivery order results in a contract number, the Government will allow that call/delivery order to stand as an individual reference. The Government will not accept multiple call/delivery orders that reference the same contract number. |
| 169 |
| 1 Feb 11 |
| Since the Service Contract Act applies, will Executive Order 13495 –“ Nondisplacement of Qualified Workers Under Service Contracts” be incorporated into the CLASS contract? If so, how will this be incorporated into the task order proposal process and how will non-retention of the incumbent be evaluated for past performance on future task order awards |
| Implementing regulations for E.O. 13495 have not been issued. As such, compliance with the E.O. is not required. |
| 170 |
| 31 Jan 11 |
| In the cases where key management personnel who were instrumental in the success and execution of key task orders have left their legacy companies (who are no longer small business under the current NAICS code) and no longer eligible to compete, are these individuals eligible to use their proven past performance (as prime contractors) on previous task orders as past performance for the CLASS procurement. |
For instance, a key program manager was instrumental in responding to a TOPR, then recruited and hired the personnel, was responsible for their credentialing and vetting and then managed their performance for the legacy company. Because the legacy company is no longer a small business, they have elected not to participate in the CLASS procurement, can the key program manager who has left the legacy company use his past performance credentials as an individual as past performance for his company?
The Government will review this issue and intends to clarify it in the final RFP.
| 171 |
| 10 Feb 11 |
| Note: This is Question 37 from the Question Set posted to FBO.gov on 25 Jan 11. |
This personal services contract does not create an employer-employee relationship between the government and any corporation, partnership business association or other party or legal entity with which the HCW may be associated, to include the prime contractor; therefore, prime contractors are responsible for their own insurance and liability coverage. Should this clause be interpreted as any 1099 or independent contractor is not covered by the government for medical malpractice insurance?
No. The personal services relationship for purposes of professional liability and day to day supervision/control is between the government and the HCW.
| 172 |
| 7 Mar 11 |
| UPDATE to Question #69 on the initial question set: With the requirement for 50% of contract workers to be employees, can you tease out 1099 employees? |
| The Contractor must comply with the Limitation of Subcontracting clause, FAR Part 52.219-14. (See, 15 USC 644(o)(1)(A); 13 CFR § 125.6 (a)(1)) The term “personnel” is defined at 13 CFR § 125.6 (e) (6) as “Individuals who are “employees” under §121.106 of this chapter. . . .” 13 CFR §121.106 (a) which states, “In determining a concern's number of employees, SBA counts all individuals employed on a full-time, part-time, or other basis. This includes employees obtained from a temporary employee agency, professional employee organization or leasing concern. SBA will consider the totality of the circumstances, including criteria used by the IRS for Federal income tax purposes, in determining whether individuals are employees of a concern. . . . .” Further guidance is found in SBA Size Policy Statement No. 1, published in the Federal Register on February 20, 1986, 51 FR 6099, as well 67 FR 70339-01 which addresses changes to 13 CFR §121.106 (a). |
| 173 |
| 7 Mar 11 |
| UPDATE to Question #70 of the initial data set. Does the 50% rule apply to Task Order (TO) level? Annual? Ongoing 50%? |
| The Air Force will review the extent of subcontracting on an annual basis. |
| 174 |
| 14 Mar 11 |
| Are partial bids allowed between a small prime and a large teaming partner that intend to only bid on the nursing and allied health services? In other words the team does not propose to provide physician or dental staffing services? |
Partial bid proposals will not be accepted in accordance with the following sections of the draft Request For Proposal: Section L3.1 (Program Structure and Objectives), Section L3.3 (General Instructions), L5.1.2.1 (Contractor Team Organization (Tab 2A)), and M4.2 (Teaming/Organizational Structure).
(Reference from FAR 52.215-1 Instructions to Offerors, (c) Submission, modification, revision, and withdrawal of proposals, (4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items).
| 175 |
| 14 Mar 11 |
| Our company is not registered under the specified NAICS for this acquisition. |
| Reference FAQ #4 at the U.S. Small Business Administration website: http://web.sba.gov/faqs/faqindex.cfm?areaID=15 |
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