FA930422R5004_QandA.pdf
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- Attached to
- ---AMENDED -------Space Test Course Development and Execution (STCDE) Federal contract opportunity
- Solicitation number
- FA9304-22-R-5004
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attach_2 STCDE SOW 20220401_revised.pdf | ||
| Attachment 1 - Solicitation-FA930422R5004_revised.pdf | ||
| Attachment 4 Government Furnished Property List.pdf | ||
| Attachment 8 Performance Information Form (PIF).pdf | ||
| Attachment 1 Solicitation - FA930422R5004.pdf | ||
| Attachment 3 Sample Price Sheet.xlsx | XLSX spreadsheet | |
| Attachment 11 Wage Determination.pdf | ||
| Attachment 9 Addendum to FAR 52.212-2 Table_Charts_Definitions.docx | DOCX document | |
| Attachment 2 STCDE SOW .pdf | ||
| Attachment 5 Government Furnished Property Plan Template.pdf | ||
| Attachment 6 Mission Essential Contractor Service Plan Template.pdf | ||
| Attachment 7 Past Performance Questionnaire (PPQ).pdf | ||
| Attachment 10 Contract Security Classification DD254.pdf |
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Reference Question Vendor Recommendation Government Response Solicitation, Page 1 Referencing block 8, the due date is listed as 27 Dec 2021 (no time zone), Sam has the submission date of 21 April 2022 Date will be changed to match SAM.gov, 21 April 2022
Solicitaion, Page 59 (f) referencing block 8, either update block 8 to include your time zone (I presume PST) or modify (f) to include it.
PST will be added to solicitation
Solicitation, Page 61 Addendum to 52.212-1 Proposal Preparation Instructions d(3); “Any limitation on the number of proposal pages. Pages exceeding the page limitations set forth in this section, FAR 52.212-1 - INSTRUCTION TO OFFERORS -COMMERCIAL ITEMS will not be read or evaluated and will be removed from the proposal”. A review of FAR 52.212-1 shows no limitations on page counts
Page limitation not specified in this paragraph.
Solicitation, Page 62 Specific instructions:
1. PART I – Technical Proposal. No page counts for a, b, or c.
2. PART II – Price Proposal. No page counts.
3. Part III – Past Performance Information. A de facto limit of 18-pages, assuming three past performance examples are submitted.
Added page limitation for Part I.b of Technical volume.
Solicitation, Page 64 Part III – Past Performance Information, c. - Does the Government want a form and/or questionnaire for contract efforts where a CPARs was issued? 52.212 is moot on this point.
See instructions, paragraph f, page 65.
Do we need to provide resumes for personnel? No, we are not conducting a key personnel evaluation, resumes are not required.
Attach 2, Page 6 Global – Attachment 2 SOW Page 6 – 1.7.1 vs. SF1449 Page 63 Do all of the employees need a TS/SCI with SAP? - SOW says all employees need a TS/SCI with SAP, whereas the SF1449 says Non-admin contractor employees only
Amended SOW Para 3.4.12 to read:
"All non-administrative contractor personnel performing work under this contract must have a Top Secret Security Clearance at time of the proposal submission, be eligible for access to SCI information, and must maintain the level of security required for the life of the contract.
Administrative personnel are not required to maintain a Top Secret clearance unless specified by task order. All employees must be US citizens and possess an approved and active top secret security clearance completed within the last 5 years, must have a favorable Tier 3 investigation or higher, and non-administrative personnel must be eligible for Special Access Program (SAP) access.
The security requirements are in accordance with the attached DD254."
Attach 11 Which of the positions is an SCA position? We noticed the Wage Determination attachment but did not see an SCA clause.
Added Clauses 52.222-41 and 52.222-43. All labor categories are SCLS applicable.
Solicitation, Page 63 SOW, para 1.3.1.2
The SF 1449 states (SOW para 1.3.1.2) Contractor will demonstrate experience developing courseware based on educational requirements of DoD organizations. However, the SOW states in 1.3.1.2 Curriculum Development. The Contractor shall provide knowledge and expertise in support of current and future USAF TPS Space Test curricula. The contractor shall work with the Course Director and other TPS divisions to develop and revise curricula.
Tasks include developing lesson plans to meet designated learning objectives, preparation of instructor materials, preparation of courseware, and may also require collecting educational requirements from DoD organizations designated by the Course Director.
Formal large-scale changes to the curriculum are reviewed by a Curriculum Planning Council and approved by the Commandant. Lesser changes will be approved by the Course Director. The Contractor shall have the option to sit as a non-voting member of the Curriculum Planning Council.
The SF 1449s makes the requirement a must, however, lacks sufficient details to be meaningful with respect to a proposal.
Whereas the SOW provides sufficient details to be meaningful with respect to a proposal.
Recommend replace the SF 1449 verbiage with the SOW language.
The Solicitation requirement refers back to the SOW paragraph for detail, i.e., in this recommendation, SOW para 1.3.1.2.
Solicitation, Page 63
SOW 1.3.1.1
The SF 1449 makes a requirement for two glider flight instructors on Pg 63 citing both SOW
1.3.1.1 and 1.3.1.3. SOW para 1.3.1.1 states Space Test Curriculum Description. The current Space Test curriculum currently includes Introduction to Test Fundamentals, Introduction to Systems Testing, Space Science Applications, Space Organization and Contractor Field Trip, Advanced Space Test and Evaluation, and a Capstone Exercise. This curriculum is evolving into three “series” of instructions: Test Foundations, Mission Systems, and Space Sciences. Curriculum instruction is done according to the appropriate curriculum syllabi. Training will include test processes applicable to both developmental and operational space test; and include classroom, laboratory, and open-air events. Oral and/or written reports will be included in each module. Fieldtrips are taken to organizations engaged in developing, testing, and producing aerospace vehicles and equipment. In-class instruction is performed for basic knowledge instruction, briefs in preparation for hands-on events, ground test events, and simulator lab events. Flight instruction in gliders is required (14 CFR 61 Certificated Flight Instructor – Glider rating required of at least two personnel).
Flight instruction in light general aviation aircraft may be required. The USAF TPS Space Test Course Director manages and oversees curriculum execution for the Space Test program. The Contractor shall provide classroom instruction and examination in areas where qualified and necessary to support the TPS curriculum in accordance with (IAW) an approved Space Test Syllabus, USAF TPS Course Training Standards (CTS), and USAF TPS Operating Instruction (OI) 99-107, Academic Standards. SOW para 1.3.1.3 states Flight Test Course Instruction. The Contractor may be assigned to provide instruction, when qualified, for the Flight Test course in addition to the Space Test course, when such instruction would enable faculty in other TPS divisions to provide relevant instruction to the Space Test students. Such situations should be synergistic to all TPS programs and may
Although SOW 1.3.1.3 has an optionally required reference to flight instruction, it does not state the minimum staffing level required. Please correct the SF 1449 or replace the SF 1449 language with the language from the SOW.
Staffing will be determined per Task Order requirement
Solicitation, Page 63
SOW 1.3.1.6.1.1
SF 1449 makes a requirement for (SOW para 1.3.1.6.1.1) Contractor has experience in curriculum development and instruction of space domain specific subject matter (e.g.
astrodynamics, space environment, spacecraft structures, spacecraft systems, applicable ground systems, etc.). The referenced SOW para 1.3.1.6.1.1 states “Lead and support space domain specific instruction/curriculum development”.
The SF 1449 expands the SOW requirement by adding (e.g. astrodynamics, space environment, spacecraft structures, spacecraft systems, applicable ground systems, etc.).
Either correct the SF 1449 be removing the additional requirements or add those requirements to the SOW in para 1.3.1.6.1.1.
The solicitation criteria referenced state, "e.g." which means "for example" and should not be interpreted as an expansion of the SOW.
Solicitation, Page 63
SOW 1.3.1.6.1.2
The SF 1449 makes a requirement for (SOW para 1.3.1.6.1.2) Contractor has experience in curriculum development and instruction of test foundational subject matter (e.g. test planning, test execution, analysis of test data, test reporting, associated DoD processes, etc.).. The actual SOW para 1.3.1.6.1.2 states, “Test fundamentals instruction/curriculum development, with a focus on DoD processes”.
Although similar, the two are different statements, please correct to a singular requirement. Our recommendation is to have the SOW mirror the more detailed SF 1449 requirement.
The solicitation criteria referenced state, "e.g." which means "for example" and should not be interpreted as an expansion of the SOW.
Solicitation, Page 63
SOW 1.3.1.6.1.3
The SF 1449 makes a requirement for (SOW para 1.3.1.6.1.3) Contractor has experience in curriculum development and instruction of mission systems subject matter in the space domain (e.g. optical sensors, radar, communications systems, electronic warfare, weapons, cyber security/operations, etc.). The actual SOW para 1.3.1.6.1.3 states, “Mission systems test instruction/curriculum development”.
Although similar, the two are different statement, please correct to a singular requirement. Our recommendation is to have the SOW mirror the more detailed SF 1449 requirement.
The solicitation criteria referenced state, "e.g." which means "for example" and should not be interpreted as an expansion of the SOW.
Solicitation, Page 63
SOW 1.3.1.6.1.4
The SF 1449 makes a requirement for (SOW para 1.3.1.6.1.4) Contractor has experience in Instructional System Design, or similar processes, for curriculum development and execution. The SOW para states, “Educational specialist support to assist in curriculum development and instructor training, as well as guidance in adhering to AFH 36-2235, Information for Designers of Instructional Systems , and associated government documents, unless an alternative approach has been approved by the Course Director.
The two requirements are so dissimilar to the point that the Government needs to select the correct requirement and update all references to read to that selection.
Amended SOW Para 1.3.1.6.1.4 to read:
"Educational specialist support to assist in curriculum development and instructor training, as well as guidance in applying Instructional System Design (ISD), as described in AFH 36-2235, Information for Designers of Instructional Systems, and associated government documents, unless an alternative ISD approach has been approved by the Course Director."
STCDE - SOLICITATION QUESTIONS/RECOMMENDATIONS
FA9304-22-F-5004
FA9304-22-R-5004
Q A
Solicitation, Page 63
SOW 1.8.1 & 3.4.12
The SF 1449 makes a requirement for (SOW para 1.8.1 & 3.4.12) Non-administrative contractor employees must have a Top Secret security clearance and be eligible for both SCI and SAP access. The are two SOW references, para 1.8.1 is a CDRL table and 3.4.12 is the required security levels. SOW para 3.4.12 states, “Contractor personnel performing work under this contract must have a Top-Secret Security Clearance at time of the proposal submission, be eligible for access to SCI information, and must maintain the level of security required for the life of the contract. All employees must be US citizens and possess an approved and active top secret security clearance completed within the last 5 years, must have a favorable Tier 3 investigation or higher, and must be eligible for Special Access Program (SAP) access. The security requirements are in accordance with the attached
DD254”.
Recommend removing the incorrect reference to 1.8.1 in the SF 1449. There is a conflict between the reference to 3.4.12, in the SF 1449 it states that all Non-administrative personnel need a TS with SCI and SAP eligibility. Whereas the same passage in the SOW requires “Contractor personnel performing work under this contract must have a Top- Secret Security Clearance at time of the proposal submission, be eligible for access to SCI information”.
Nowhere in the SF 1449 or the SOW does it define who is administrative and who is technical. We would recommend further definition of the labor categories to include this information. Additionally, rectify (or clarify) which personnel are required to have what level of clearance, and when that clearance is required. The requirement of “at submission” is dramatically different than “within 30-days of award”.
Labor categories Admin/Exec and Admin/Scheduler as identified in Attachment #4 - Sample Price Sheet, are administrative.
Solicitation, Page 63
SOW 1.8.1 & 3.4.12
The SF 1449 makes a requirement for (SOW para 3.2.1) Contractor will be an expert in test and evaluation. Expertise is defined as significant involvement in two, or more, test and evaluation programs or test and evaluation education programs AND at least two, or more, employees formally trained in test and evaluation through a university program or recognized test pilot school flight or space test curriculum. Recognized schools include USAF TPS, US Naval TPS, Empire, EPNER, or National TPS year-long programs. The Space Test Fundamentals course at USAF TPS also qualifies as formally trained. Significant involvement is defined as planning, executing, analyzing, and/or reporting. The SOW para
3.2.1 states, “The contractor shall have experience teaching military personnel in a formal classroom setting and utilize employees possessing adequate training, skills, and knowledge to perform the requirements of this contract. The contractor shall be considered a recognized expert in the field of test and evaluation and have experience with space-domain test and evaluation education, systems testing, and application of test fundamentals to the space-domain in both an academic and professional environment. The contractor shall provide experience in the development and application of space test measures and test techniques, as well as providing experience in two or more of the USSF spacepower disciplines (Orbital Warfare, Space Electronic Warfare, Space Battle Management, Space Access and Sustainment, Military Intelligence, Cyber Operations, Acquisition & Engineering). The spacepower disciplines are defined in “Spacepower: Space Capstone Publication, Doctrine for Space Forces”, 10 Aug 2020. The contractor shall provide instructors and curriculum developers with relevant experience supporting test of space or air systems as an engineer, analyst, or operator. Instructors who have graduated a formal test and evaluation curriculum are desired (e.g. USAF Test Pilot School or equivalent
Recommend using the SOW paragraph verbatim in the SF 1449. The SF 1449 selects two sentences from the SOW paragraph and leaves critical information out. Further, the SF 1449 states that “Recognized schools include USAF TPS, US Naval TPS, Empire, EPNER, or National TPS year-long programs” are acceptable whereas the SOW states that “Instructors who have graduated a formal test and evaluation curriculum are desired (e.g. USAF Test Pilot School or equivalent space or air domain programs).
These are two different sentences, and the SF 1449 provides a requirement with less rigor than the SOW requires.
The SF 1449 make a requirement for (SOW para 3.2.1) Contractor has experience with application of test fundamentals to the space-domain in both the academic and professional environment. Academic environment is defined as developing and presenting educational material to students. Professional environment is defined as accomplishing planning, execution, analyzing, and/or reporting of test and evaluation of space-domain systems. Experience may be military or civil. Within SOW para 3.2.1 it states, “The contractor shall be considered a recognized expert in the field of test and evaluation, and have experience with space-domain test and evaluation education, systems testing, and application of test fundamentals to the space-domain in both an academic and professional environment”.
The SF 1449 is attempting to define the requirement, this definition belongs in the definitions. Which requirement does the Government want industry to adhere to?
Recommend deleting the SF 1449 statement since the SOW states a shall requirement.
Amended SOW Para 3.2.1 to read;
"... Academic environment is defined as developing and presenting educational material to students. Professional environment is defined as accomplishing planning, execution, analyzing, and/or reporting of test and evaluation of space-domain systems.The contractor shall provide experience in the development and application of space test measures and test techniques, as well as providing experience in two or more of the USSF spacepower disciplines (Orbital Warfare, Space Electronic Warfare, Space Battle Management, Space Access and Sustainment, Military Intelligence, Cyber Operations, Acquisition & Engineering). The spacepower disciplines are defined in “Spacepower: Space Capstone Publication, Doctrine for Space Forces”, 10 Aug 2020. The contractor shall provide instructors and curriculum developers with relevant experience supporting test of space or air systems as an engineer, analyst, or operator. Instructors who have graduated a formal test and evaluation curriculum are desired (e.g. USAF Test Pilot School or equivalent space or air domain programs). If the qualifications cannot be met by the contractor, a determination of acceptability/equivalency is required by written approval from the CO, coordinated with the Course Director, for proposed alternate qualifications.
The SF 1449 makes a requirement for (SOW para 3.2.1) The contractor shall provide experience in two or more of the USSF spacepower disciplines as defined in "Spacepower:
Space Capstone Publication, Doctrine for Space Forces", 10 Aug 2020. (Orbital Warfare, Space Electronic Warfare, Space Battle Management, Space Access and Sustainment, Military Intelligence, Cyber Operations, Acquisition & Engineering). Experience may be military or civil. Experience in the Acquisition and Engineering discipline is required.
Experience in at least one of the following is also required: Orbital Warfare, Space Electronic Warfare, Space Battle Management, Space Access and Sustainment. Within the SOW para 3.2.1 is states, “The contractor shall provide experience in the development and application of space test measures and test techniques, as well as providing experience in two or more of the USSF spacepower disciplines (Orbital Warfare, Space Electronic Warfare, Space Battle Management, Space Access and Sustainment, Military Intelligence, Cyber Operations, Acquisition & Engineering). The spacepower disciplines are defined in “Spacepower: Space Capstone Publication, Doctrine for Space Forces”, 10 Aug 2020.
The SF 1449 is attempting to define the requirement, this definition belongs in the definitions. Which requirement does the Government want industry to adhere to?
Recommend deleting the SF 1449 statement since the SOW states a shall requirement.
The Solicitation is instructing contractors to "provide" per Technical Volume, the specified experience per SOW para 3.2.1. This paragraph also clarifies what experience may be, and what experience is required.
The SF 1449 makes a requirement for (SOW para 3.2.1) Contractor shall have relevant experience providing engineer, analyst, or operator support for test and evaluation of space or air systems. This statement is contained verbatim in SOW para 3.2.1.
The SF 1449 requirement should be removed or replaced in its entirety with the language from the SOW.
Award will be made IAW Solicitation Provisions 52.212-1 and 52.212-2.
The SF 1449 makes a requirement for (SOW para 3.2.1.1.1) Contractor shall have applicable experience in the application of DoD test and evaluation processes within a DoD acquisition program, preferably a space domain program. This statement is contained verbatim in SOW para 3.2.1.1.1.
The SF 1449 requirement should be removed or replaced in its entirety with the language from the SOW.
Award will be made IAW Solicitation Provisions 52.212-1 and 52.212-2.
The SF 1449 makes a requirement (SOW para 3.2.1.1.2) Contractor shall have applicable experience in laboratory, developmental, or operational test and evaluation of mission/payload systems (to include terrestrially-based systems), preferably as implemented in a space domain program. Experience may be military or civil. This statement is contained verbatim in SOW para 3.2.1.1.
The SF 1449 requirement should be removed or replaced in its entirety with the language from the SOW.
Award will be made IAW Solicitation Provisions 52.212-1 and 52.212-2.
The SF 1449 makes a requirement for (SOW para 3.2.1.1.3) Contractor shall have applicable experience in space-domain specific subjects (e.g. orbital mechanics, space vehicles, ground elements, comm/data links, space operations, and/or associated topics).
SOW para 3.2.1.1.13 states, “Instructors of space-domain specific subjects, i.e. “Space Sciences”, subjects shall have applicable experience of space vehicles, ground segments, comm/data links, space operations, and associated topics. No less than one instructor of such topics, and preferably more, shall have experience in developmental or operational test and evaluation.
Although the SF 1449 requirement is related to SOW 3.2.1.1.3 it lacks meaningful or substantive information for evaluation. The SF 1449 requirement should be removed or replaced in its entirety with the language from the SOW.
Award will be made IAW Solicitation Provisions 52.212-1 and 52.212-2.
The SF 1449 makes a requirement for (SOW para 3.2.1.3) Contractor shall have relevant expertise in preparation of educational materials and training of new academic instructors.
This statement is contained verbatim in SOW para 3.2.1.3.
The SF 1449 requirement should be removed or replaced in its entirety with the language from the SOW.
Award will be made IAW Solicitation Provisions 52.212-1 and 52.212-2.
The SF 1449 make a requirement for (SOW para 3.2.3.7) Contractor must demonstrate that they are able to fill all positions within 30 days of contract award and ready to execute existing course material. This statement is contained verbatim in SOW para 3.2.3.7.
The SF 1449 requirement should be removed or replaced in its entirety with the language from the SOW.
Award will be made IAW Solicitation Provisions 52.212-1 and 52.212-2.
SOW define the term “legal English” as used in para 1.7.3 Undefined words retain their common dictionary meaning SOW para 2.1.1 references a listed list not provided SOW Para 2.1.1: changed word "above" to "identified in the GFP list" SOW para 2.1.1 references a GFP appendix not provided SOW Para 2.1.1: removed "in appendixes" SOW SOW – para 3.2.12 requires “The CM or alternate(s) shall be available within two (2) hours to meet on the installation with government personnel designated by the CO to discuss problem areas.” While the SOW explicitly allows for remote positions, this requirement requires a permanent local presence at Edwards AFB with the costs associated, please elaborate on the Governments intent. This requirement drives cost and prohibits meaningful competition.
Global statement. The SF 1449 attempts to condense the information provided in the SOW. In doing so, incorrect, misleading, or missing information is being introduced.
Recommend a statement in the SF 1449 that points to the SOW for requirements or copy the SOW exactly as written into the SF 1449.
Not doing so leaves it to industry to interpret the Governments intent.
SOW Para's are referenced in advance of each stated criteria.
Solicitation, pg 13 Clause 52.204-1. Should there be a designated agency official identified here? Clause removed Solicitation, pg 13 Clause 52.209-1. Qualification Requirements. Is this clause applicable? I am not aware of any requirements for qualified goods or services, nor is an agency listed from whom to receive qualification.
Clause removed
Solicitation, pg 22 52.216-22 Indefinite Quantity. Can the government provide an estimate of the level of effort estimated through the planned period of performance? This would help in providing more accurate pricing. The provided IGCE implies a constant LOE of 10 FTEs, is this accurate?
This is a commercial, Firm Fixed Price ID/IQ effort. A Firm-Fixed-Price (FFP) contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss.
The contract does not have a bidding quote This will be a pre-priced ID/IQ. ELIN price schedule will be attached after award.
Solicitation, pg 63 SOW Requirement 1.3.1.1 and 1.3.1.3 requires 2 employees experienced and qualified to provide flight instruction in gliders and is required within the corporate experience requirements of Section L (page 63 of 71). This requirement is extremely specific to the current incumbent and unfairly stifles competition. We would like to request that this requirement be removed from Section L evaluation but remain a PWS requirement for offeror's to staff and support. This will level the playing field and ensure maximum competition.
Amended FAR 52.212-1 Instructions to Offerors - E.1.b Proof of Experience, SOW Requirement
1.3.1.1. and 1.3.1.3. from, "Contractor has at least two employees experienced and qualified to provide flight test instruction in gliders"; to "Contractor will demonstrate experience in flight test instruction in gliders."
Solicitation pg 63 SOW Requirement 3.2.1 requires specific recognized schools. Does Space Weapons School count as one of these recognized institutions?
Space Weapons School does not count as a recognized institution.
Based on our experience, we believe an individual can only carry a Top Secret security clearance if they have an appropriate sponsor and a need to know Top Secret information.
If the individual no longer has a need to know, leaves the company they work for or the contract is completed, the Top Secret classification is rescinded. We believe requiring this level of security with Bid submission will greatly reduce the competition for this award.
Please confirm if there is any flexibility with this requirement?
Discuss with Security specialist When someone leaves a job or agency/company and they no longer have a “Need-to-Know” they are then debriefed. However, the clearance is still valid for the next 24-months. If not hired to a position that requires a clearance within the 24-month timeframe the clearance will go dormant and will need to be processed again. If hired within that 24-month timeframe the new agency/company takes control of their profile and the clearance will be valid for whatever time is remaining for that clearance (TS is 6 years and Secret is 10 years)
The agency/company must have a facility clearance level of TS to be able to get their employees TS.
If only one compliant bid is received for this solicitation will the Government make an award?
Please refer to Solicitation Provision 52.212-2, page 70.
Is June 30 2022 a firm dae for start of the POP? Firm need by date.
Attachment templates 4,5,7 and 8 are labelled CUI. Are they CUI when they are filled out, but unclassified as a template?
Is there an alternative method of delivery available in case issues are encountered due to difficulty with encrypting email?
Proposals and any other documents must be submitted through "SOLICITATION" module in the Procurement Integrated Proposals (PIEE) by the date and time specified on page one of the SF 1449.
The instructions state “Electronically fill out all attached exhibits and then insert proposed unit and extended prices in the Schedule for each Contract Line-Item Number (CLIN) and each Exhibit Line-Item Number (ELIN).”
The instructions on attachment 3 indicate that offerors are to complete only base year rates for each ELIN (Labor Category) and escalation. The spreadsheet calculates the option to extend values in a hidden column for a full labor year without escalation from OY4 applied. The option to extend labor does not appear to be aggregated into the 6-month option total with the prepopulated ODC values. Please clarify that the expectation is to present 5 years of effort (labor and ODC's) only, or to also represent 5 years and the option to extend.
Please confirm that the instructions on the Attachment 3 spreadsheet are correct and that there are no other exhibits to be completed.
ANSWER: Please refer to Paragraph B of 52.212-2 Evaluation--Commercial Products and Commercial Services. We are amending the paragraph to add the ODC values. Escalation is not applied directly to the 6-month extension value.
The SOW states “Data rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.”
No data rights clause is included. Please clarify the government's intent.
Concerning a contractors previously developed training, training methods, and resources that provide significant hands-on learning for all space domain concepts, the solicitation language appears to preclude an offeror from using this information unless it is willing to relinquish all data rights. Please clarify how the government intends to resolve data rights assertions for previously developed intellectual property. In the case of commercially acquired software or tools, an offeror may be precluded from granting unlimited rights to the government. We do not believe it is the government’s intent to assert unlimited rights to commercial items. To clarify, would the government consider the use of DFAR 252.227-7020 Rights in Special Works and/or other data rights clauses as appropriate.
ANSWER: All Data Rights clauses and provisions have been included in the solicitation. Your Assertion List provided with your proposal should be used to identify any/all noncommercial technical data and noncommercial computer software to be delivered to the Government under the contract with restrictions on use, release or disclosure.
Will the government consider modifying Chart A of attachment 9, Scope and Complexity, to consider contracts on which we have performed as a subcontractor? Rationale: The current definition appears to limit competition to only work as a prime contractor who would then have the potential to be relevant. Although performing as a subcontractor, the scope and complexity of the effort provided may be comparably relevant to the effort in the solicitation. Small businesses may have limited prime contracts but would be excluded being assessed.
Negative
Please clarify if the PIF (attachment 8) is counted against the 6 page limit for each Past Performance citation? Negative
File details come from the government source that posted it. Updated .