21._TLOSS_RFP_Questions.pdf

Item Page Para Line Comment Rationale Response

1 Solicitation -page 2 N/A N/A

Based on CLIN 0001's Period of Performance (PoP) from 01 July 2020 - 31 March 2022, it appears the price should reflect 21 months and not 24 months as noted.

Please clarify.

Clarification necessary for full compliance.

The dates are correct, the 24 months should be 21 and the typo will be corrected in an amendment. Offerors shall propose that CLIN at 21 months.

2 Section L -page 14 N/A N/A

Does the Government has templates or required text to be included in the consent letters and client authorization letters?

Clarification necessary for full compliance. No

3 Section L -page 15 6.2 N/A

Please clarify that the organization of Volume III should be included across multiple documents (as identified in Table 6-1) or if that content can be included into a single MSWord/PDF file, with an associated MSExcel file? In addition, please clarify the contents of each section since it is unclear where the full contents of the Cost volume should be split among the six (6) sections.

Clarification necessary for full compliance.

Correct, organized as indicated in table 6-1. The contents should follow the Section Topics in the table 6-1.

4 Section L -page 28 7.2.2 N/A

For Section B, does the offeror need to include only Solicitation Table 6.4 and not the CLIN pricing identified on pages 2-20 of the Solicitation?

Clarification necessary for full compliance.

Section B includes pages 2-20 of the solicitation, to be filled out as detailed in 7.2.2

5 Section L -

7.2.7, Sections A-C N/A

For Attachments to the Model Contract, does the offeror need to include all the CDRLs, PWS, and GFP if there are no changes to be made and simply provide the fill-in information necessary for the Block F (Contractor Name)? If Blocks 17 and 18 need to be completed, please provide clarification of what is required in those fields by the offeror.

This is generally not applicable and CDRLs modified at contract award. Clarification necessary for full compliance.

The documents are to be provided as part of the offeror's complete proposal. Blocks 17 and 18 are to be completed and para 7.2.7.A has references on how to complete those.

6 Section L -

7.2.7, Section E N/A

For Attachments to the Model Contract, does the offeror need to include the full DD254 or can we simply provide the fill-in information (Section 6-8) in our proposal submission?

Clarification necessary for full compliance. Provide the full completed document.

7 Section L -page 33 7.3.3 N/A

Please clarify that the Professional Employees Compensation Plan is to be included in Volume 4 and not in Volume 3, with the other cost/price information.

Clarification necessary for full compliance. Correct, in volume 4

8 Section L -page 33 7.3.3 N/A

Please clarify that the Professional Employees Compensation Plan is required of all subcontractors, even those performing less than 20% of the total price of the contract. We recommend that these plans only be required for subcontractor(s) providing non-Service Contract Act (SCA) staff in the offeror's cost/price submission, with a note that subcontractor bidding only SCA staff will be in compliance with U.S. Department of Labor’s Wage Determination tables and the associated hourly rates/fringe benefits.

Clarification necessary for full compliance and ensuring subcontractor cost/price volume submissions are only required in specific cases.

It is required of all subcontractors providing professional employees. It doesn't apply to subcontractors bidding only SCA staff. An amendment will add 'providing professional employees.' after '…each of its subcontractors.'

9 Section L -page 33 7.3.4 N/A

Table 7-1 (Limitations on Subcontracting) requires proprietary data from subcontractors that is unlikely to be identified in the prime offeror's cost/price submission and does not reflect the accurate calculation for compliance with FAR 52.219-14. Please clarify if offeror can adjust the table to reflect compliance with this FAR clause, where offerors will not pay more than 50%of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities.

Clarification necessary for full compliance.

The only information required is a dollar amount for contract performance (as defined in Sec L 7.3.4). Subcontractors do not need to provide specific rates or factors to complete the table, only a dollar number. This enables subcontractors to retain their proprietary rates and factors information. The table may not be adjusted and shall be completed as is in order to ensure a common basis for verification.

TLOSS RFP Questions

10 Sec L, page 10 4.1b n/a Gov’t is requiring offeror to provide a table identifying strengths in the Technical Volume. Request one (1) additional page in the technical volume to include this table.

Concur, one page will be added to the technical volume page limit for the strengths table in an amendment.

11 Sec L, page 13, Attach 05 4.2.4b C(2) n/a

Sec L references Attachment 05, Table 2, Column 4. Within Attachment 05 in Section c(2), there is a reference to Appendix A within Attachment 05. At the end of Attachment 05, there is a header for Appendix A: Commercial Licenses (CDRLs).

However, no information is provided thereafter. Without this information, Table 2 cannot be completed and Sec L Subfactor 4 cannot be completed. Please provide Appendix A.

Section L 7.2.7.F discusses how to complete attachment 5, including the offeror's creation of Appendix A.

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Exhibit A, CDRL A012, Block 9 N/A

The Industry Day CRM states that the distribution statement C was change to A, but the CDRL still has Distribution C? Please clarify.

The distribution statement remains C. As noted in the FBO posting, the RFP documents take precedence over the informational industry day CRM.

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Solicitation, Attachment 5,

(b) N/A Respectfully suggest changing the definition of "Licensee" to "TLOSS contractor".

The "MGUE Next Generation ASIC contractor" is incorrect.

Concur, the RFP will be amended to change the existing text to "'Licensee' is defined as the TLOSS contractor."

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Solicitation, Attachment 5, c(3)(iv) and Table 2 N/A Is this table intended to relate to the software in the "GFP

Attachment"? Please clarify intent of Table 2

No, the purpose of Table 2 is so the offeror will identify (and provide a copy of) the IP licenses that will apply to the Government’s use of the commercial technical data or computer software the offeror will list in that table that the offeror will deliver to the Government. In stark contrast, Attachment 2 identifies the government property the awardee will be provided by the Government.

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Solicitation, Attachment 5, c(3)(iv) and Table 2 N/A Is this table intended to relate to ODCs (CLIN 0004 /

CDRL D002)? Please clarify intent of Table 2

Yes, in the case of this acquisition given the text in Attachment 1 paragraph 4.8.1.1 that requires the offeror to procure and install all software required for operation of the TAP Lab and SEGA as directed by the Contracting Officer. As CLIN 7000 (IP Rights) is a firm fixed-price CLIN, whereas the X004 Series CLINs (ODCs) are cost-reimbursable, during contract performance the prices for the former will be subsumed within and be partially duplicative of the actual costs incurred under the latter CLINs. Although Section M-5.2, Table 5-1 indicates the firm fixed-prices proposed for CLIN 7000 will become part of the offeror’s total evaluated price, since Section L-6.4.2.b requires the offeror to use “plug” numbers when proposing costs for the X004 Series CLINs (vice providing proposed costs for, e.g., licenses), it is impossible for any offeror’s total evaluated price to be artificially inflated by proposing estimated costs for licenses under both the X004 Series CLINs and CLIN 7000.

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Solicitation, Attachment 5, Table 2 N/A

Is Table 2 of Attachment 5 only applicable to commercial software being developed under the TLOSS program?

Table 2 of Attachment 5 only applies to commercial software delivered to the Government. By definition, any software the offeror or its subcontractors “develop” under the TLOSS program cannot be classified as commercial computer software (DFARS 252.227-7014(a)(1)), COTS (FAR 2.101), or a commercial item (FAR 2.101). All software the offeror or its subcontractors develop under the TLOSS program would be classified as noncommercial computer software. As a result, the Government will acquire unlimited rights as stated in Attachment 5, Table 1-1 for the Software Product Specification. To that end, the RFP will be amended to modify Table 1-1 in Attachment 5 as follows: In the row for CDRL A001, the Data Item Title (Subtitle) will be changed to ‘Software Product Specification: SOFA Software’, and the split cells associated with that deliverable currently found at the bottom of that table in Columns 3 and 4 of that table will be moved up to the CDRL A001 row.

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Solicitation, Attachment 5, Table 2 N/A Would COTS software purchased by the prime from a commercial vendor be listed in Table 2 as well?

Yes. Any commercial technical data and commercial computer software the offeror intends to deliver to the Government developed either by the offeror or purchased from a commercial vendor must be listed in Attachment 5, Table 2, and the offeror must provide a copy of the developer’s standard commercial license in Appendix A of its proposed Attachment 5.

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Solicitation, Attachment 5, (h)(9) N/A Respectfully suggest removing or revising this paragraph

The text seems to relate to a program of record: "ultimate purpose of the Licensee entering into this License with the Licensor is for the licensor to supply to the U.S.

Government technical data and computer software to be used by the GPS Directorate to develop, produce, and sustain a weapon system whose continued sustainment is mandated by Federal law (10 U.S.C. § 2281; 51 U.S.C. § 50112)"

Concur, the RFP will be amended to change the existing text to “. . . to be used by the Government to provide an unrestricted RTD&E innovation environment for enhancing and developing new operational capabilities to provide global, persistent, infrared surveillance and environmental monitoring capabilities to the warfighters and the nation for Missile Warning (MW), Missile Defense (MD), Technical Intelligence (TI), Battlespace Awareness (BA), and Weather missions..

Accordingly, should. . . .”

19 Section I, pg 34 N/A Can the government validate that 252.227-7015 is not applicable to COTS technical data

No. FAR 2.101 defines COTS as a subset of the term “commercial item”. Since FAR 252.227-7015 applies to commercial technical data, it also applies to COTS technical data.

20 Section K N/A

11._FA8810-19-R-0002_TLOSS_Solicitation is password protected. However, offerors are expected to extract section K for completion in Volume IV of the TLOSS proposal. Will the Government provide Section K in an unprotected version?

No. The contract writing software protects the file with unknown passwords by default.

21 Section K, Pg K-

52.230-1,and Alt I N/A

52.230-01 COST ACCOUNTING STANDARDS

NOTICES AND CERTIFICATION (OCT 2015) (and Alternate I) are not applicable to small businesses. As this is a small business set aside, request removal

N/A to small business Concur, the CAS related clauses will be removed in an amendment. (FAR 52.230-01 & Alt I, 52.230-02, 52.230-03, 52.230-06, and 52.230-07)

22 Section L pg 8 and pg 15

3.1.3 and L.6.2 (Table 6-

1)

Section L.3.1.3 states "All soft copies of the proposal shall have separate files for each volume of the proposal…" Table 6-1 requires separate Word document files be submitted within our soft copy for sections 1-5 of Volume

III.

Please confrim that Sections 1-5 should be submitted as a consolidated Word file.

The cost volume files are to be submitted as specified in Table 6-1 (i.e. multiple files). These files shall not be mixed in with other volume's files (IAW L.3.1.3)

23 Section L, pg 15 Table 6-1 N/A

Table 6-1 in Section L shows "Offeror Unique Cost Reduction". However, the guidance supporting that requirement has been eliminated from the solicitation.

Should the offeror assume the requirement was left in the table as an oversight and the requirement has been eliminated?

Correct there is no requirement for Offeror Unique Cost Reduction, this will be removed in an amendment and the file name updated in Table 6-1.

24 Section L, pg

6.6.4 (last para) N/A

Sec L, pg 26, para 6.6.4 states "The prime offeror is responsible for showing clear traceability from its subcontractor / vendor / partner proposed amounts to the prime’s evaluation and to the WBS structure."

Are offerors to assume all requirements related to "WBS" in Sections L or M are OBE as the WBS provided at DRFP was eliminated at the final RFP release?

Correct. 'and to the WBS structure' will be removed in an amendment.

Section L, pg

30 and Attachment 5

7.27F N/A

F. b) 4) States "Various CDRLs listed in Table 3 of Attachment 5 must be delivered with at minimum Special License Rights based upon the purpose for which that CDRL will be used, with whom the Government needs to share it, and for how long the Government needs it."

However Table 3 does not have a column for asserted rights.

Please clarify that all CDRLs in Table 3 of Attachment 5 are proposed with Special License Rights.

Correct

Section L, pg

30 and Attachment 5

7.27F N/A

F.b) 3) states (3) Various CDRLs listed in Tables 1-1 through 1-3 of Attachment 5 must be delivered with Special License Rights based upon the purpose for which that CDRL will be used, with whom the Government needs to share it, and for how long the Government needs it." However, there is no CDRL in Tables 101 through 1-3 that are labeled with Special License Rights.

Please clarify that no CDRLs in Tables 1-1 through 1-3 of Attachment 5 are proposed with Special License Rights.

Concur, the RFP will be amended so that the text in section L- 7.2.6.F.b. will read: “(3) One CDRL listed in Table 1-2 of Attachment 5 must be delivered with Limited Rights. . . .”

Section L, pg

30 and Attachment 5

7.27F N/A

F. b) 1) states (1) Various CDRLs listed in Tables 1-1 through 1-4 of Attachment 5 should be delivered with Unlimited Rights after comparing the tailored Data Item Descriptions referenced in those CDRLs to the statutorily-defined categories in 10 U.S.C. § 2320(a)(2)(C)(i, ii, iii) and those categories listed in DFARS 252.227- 7013(b)(1)(ii, iv, v, vi, ix) and DFARS 252.227- 7014(b)(1)(ii, iii).

There is no Table 1-4 in Attachment 5, please clarify.

Concur, the RFP will be amended so that the text in section L- 7.2.6.F.a. will read: “Various CDRLs listed in Tables 1-1 through 1-3 of Attachment 5. . . .”

Section L, pg

30 and Attachment 5

7.27F N/A

F d) states d. Complete Tables 1-1 through 1-3 [Atch 5] in the following manner:

(1) Columns 1-3: Leave as-is.

(2) Column 4: Fill-in with the word “Unlimited”, “Government Purpose”, “Limited” (for technical data), or “Restricted” (for computer software). The Offeror shall propose only one type of license rights for all content required to be delivered as part of that CDRL.

These tables are already have column 4 filled in. Please clarify if this instruction is for offerors who wish to edit column 4?

Atch 5, Column 4 (Offeror Proposed Rights Category) isn't filled in on the tables.

29 Section L, pgs 32 and 33

7.2.8 A and

7.3.1 N/A 7.2.8 A and 7.3.1 (Section L pgs 32 and 33) are the same requirement. Is 7.3.1 fulfilled by Appendix A? Correct, Appendix A fulfills that.

30 Section L, pg

7.2.8 B and

7.3.2 N/A 7.2.8 B and 7.3.2 (Section L pg 33) are the same

requirement. Is 7.3.2 fulfilled by Appendix B? Correct, Appendix B fulfills that.