RMD_Storage_Q_and_A_4-20-16.docx

4/20/2016 Questions Concerning RFQ No. FCU-3162016

· Does the Combined Synopsis/Solicitation under solicitation number FCU3162016 contain requirements similar to a current contract? If possible, please provide the current contract number. Or, is this a new requirement for the government?

FBI RESPONSE: Solicitation number FCU3162016 is a new requirement for the FBI, there is no previous contract.

· Section 1.1- Please clarify the possible discrepancy between (a) the statement in paragraph 1.1 that the amount of storage will be variable (“The successful offeror shall be able to store a minimum of 6,000 cubic feet to a maximum of 15,000 cubic feet of classified records in accredited space.”) and (b) the statement in paragraph 2.1 that pricing for storage will be “firm fixed price.”

FBI RESPONSE: The responder should ensure a minimum of 6,000 cubic feet and a maximum of 15,000 cubic feet of storage space is available to support this contract as stated in Section 1.1. Section 2.1 has been revised to say that the Unit costs for storage will be “firm fixed price” and that the contract type is Indefinate Delivery Indefinate Quantity (IDIQ)

· Section 2.3.1.g- Please clarify the possible discrepancy between (a) statement in 2.3.1.g that the contractor “shall not open boxes to pull individual files” and (b) requirements in paragraph 2.9.2 (“Interim Storage Pricing Template”) the pricing matrix calling for CLIN 5 for a price to interfile “per file.”

FBI RESPONSE: The unit of measure for CLIN 5, Section 2.9.2 should be per box. The contractor shall pull boxes for transport to FBI or for FBI personnel to pull/refile files in contractor space. CLIN 5 has been revised under Section 2.9.2 as well as in the Interim Storage Pricing Template, Attachment 1.

· Section 2.5- Please clarify the possible discrepancy between (a) statement in Paragraph 2.5 (“Contractor personnel and facilities must possess active Secret clearances.”) and (b) statement in Paragraph 3.1.17 (“Contractors who will have access to FBI facilities, systems or data shall possess an active and transferable Top Secret clearance at the time of proposal submission.”) Are contractor personnel working on the contract resulting from RFQ FCU-3162016 who are engaged in storage and transportation of FBI boxes required to have a Top Secret clearance?

FBI RESPONSE: Only a Secret clearance is required. Section 3.1.17 has been revised to reflect this.

· Section 2.6.3 Insurance carried by shipping contractors is typically written in terms of a set amount per occurrence and annual aggregate liability. Will the FBI modify Paragraph 2.6.3 to more closely align with the way insurance coverages are written for commercial carriers, such as the attached example?

FBI RESPONSE: Please provide verbage that is that is more closely aligned with commercial terms with your submission. The FBI review and Section 2.6.3 will be revised.

· Section 2.9.1- For commercial item procurements such as RFQ No. FCU-3162016, per FAR 12.102(a) the requirements of FAR Part 12 are mandatory, including the pricing requirements of FAR 12.209. FAR 12.209 calls on the Contracting Officer to determine price reasonableness at the time contract award utilizing the methods set out in FAR 13.106-3 for simplified procurements. Will the FBI remove Section 2.9.1 as inconsistent with FAR 12.209?

FBI RESPONSE: The Contracting Officer shall determine price reasonableness pursuant to FAR 13.106-3. Section 2.9.1 has been revised not removed.

· Section 2.9.2- The RFQ calls out 5 separate geographical FBI offices, however, only four offices are identified in the Additional Services pricing section on page 9 of the RFQ. Atlanta, Georgia is missing. Should it be included?

FBI RESPONSE: Yes, Atlanta, Georgia has been added to the list of offices on page 9 of the RFQ.

· Section 2.9.2- This section of the RFQ provides a sample pricing template which includes “Additional Services” (CLINs 0009 – 0012), however, this section is not included in Attachment (1) “Interim Storage Pricing Template. Should it be included in attachment (1)?

FBI RESPONSE: Yes, the “Additional Services” Section at 2.9.2 has been added to the Summary page of the Interim Storage Pricing Template. Attachment (1) has been removed and replaced with a corrected version.

· Section 2.9.2 - Can the FBI provide more detail on the tasks involved with CLIN005 “Interfile”? As described in Section 2.3.1 Part G, “The contractor shall not open boxes to pull individual files; rather, entire boxes will be pulled and transported to the FBI or made available for onsite review in response to requests.” Since the contractor will not be removing files from boxes, is this CLIN intended for a different service (e.g. box handling)? Should the unit of measure for this CLIN be “per box vs. per file”?

FBI RESPONSE: See response to Section 2.3.1.g.

· Section 2.9.2 – The estimated quantity for CLIN 0006 (Refile) in the base year and all option years appears to be inaccurate. If an estimated 200 boxes are “Recalled” per year, typically 200 boxes would be “Refiled”. Please confirm the estimated quantity of 15,000 for CLIN 006 is accurate.

FBI RESPONSE: The quantity for CLIN 6 has been revised to show 200 boxes in Section 2.9.2 and on the Interim Storage Pricing Template.

· Attachment (1) Interim Storage Pricing Template – With respect to CLIN 7 (Transportation), it is standard practice for records management contractors to provide transportation service options at different costs. For example, the FBI is requesting an option for routine requests to be delivered within one business day (section 2.3.3 c) and expedited delivery requests to be delivered within 4 hours (section 2.3.3. b). The FBI also reserves the right in (section 2.3.1. i) to send cleared people to the contractors records storage center to retrieve boxes. How do you suggest contractors respond to these various options under CLIN 007?

FBI RESPONSE: The vendor should provide pricing in their technical response to address these options. Pricing in the template is for evaluation purposes and and CLIN 7 should be priced for standard 24 hour response from the vendor’s facility to FBI Headquarters in Washington, DC. The vendors pricing of different options will be included in the contract.

· Section 3.1.3- Since the FBI is purchasing services that are a “commercial item” and the broad indemnification of this paragraph is outside the norms of commercial practice and therefore in conflict with FAR 12.301(a) (2) (“In accordance with 41 U.S.C. 3307, contracts for the acquisition of commercial items shall, to the maximum extent practicable, include only those clauses… (2) Determined to be consistent with customary commercial practice.”) (Emphasis added), will the FBI modify Paragraph 3.1.3 to clarify that “government property “as used in this provision does not include customer deposits (i.e., FBI stored materials)? We will provide market research to support “customary commercial practice” for the records storage industry at your request.

FBI RESPONSE: The FBI is not willing to make any revisions to this provision at this time. Provide your “customary commercial practice” information and this issue will be revisited.

· Section 3.1.17- Last line of first paragraph on page 16 states “Contractor personnel assigned to this project shall be subject to routine criminal and credit checks by FBI.” Question: Is this in addition to the secret clearance requirement? If so, how often is a “routine” criminal and credit check performed and what is the process?

FBI RESPONSE: Yes, this is in additional to the secret clearance. Criminal and credit checks will be performed on all contractor personnel assigned to this project. Subsequent checks “routine” will be performed as needed and when new personnel are assigned.

· Section 3.1.17- First line in second para on page 16 states “Contractor personnel shall be subject to counterintelligence (CI) focused polygraph examinations at the Government’s discretion. The polygraph examinations may be required prior to acceptance or at any time during the task order, without notice” Question: Will CI Polygraphs be required for all personnel at the time of contract award or as needed during the contract performance at the discretion of the FBI?

FBI RESPONSE: CI polygraphs will not be required to be performed at the time of the contract award and will be performed only as needed during the contract performance.

· Section 3.5, Clauses Incorporated by Reference.

· FAR 52.217-2, Cancellation Under Multiyear Contracts. The proposed procurement is not for a “multiyear contract” as defined in FAR Part 17 and, accordingly, inclusion of this clause is inconsistent with FAR 17.104. As such, will the FBI remove this clause from the Solicitation and notify all offerors?

FBI RESPONSE: FAR 52.217-2, Cancellation Under Multiyear Contracts has been removed from the solicitation.

· FAR 52.247-22, Contractor Liability for Loss of and/or Damage to Freight other than household Goods. Per the prescribing clause of FAR 247-22, this clause is intended to be used for “solicitations and contracts for the transportation of freight other than household goods”. As this is a contact for a commercial item, storage of records, and transportation is an ancillary service, will the FBI remove this clause from the Solicitation and notify all offerors of same?

FBI RESPONSE: FAR 52.247-22, Contractor Liability for Loss of and/or Damage to Freight other than household Goods has been removed from the solicitation.

· Since RFQ FCU-3162016 is for commercial item services and incorporates FAR, 52.212-5 “Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Mar 2016)” in Paragraph 3.3.2 and FAR 52.252-4, “Contract Terms and Conditons-Commercial Items” in Paragraph 3.5, why does Paragraph 3.5 also incorporate conflicting clauses for non-commercial items (such as 52.232-1, 52.243-1, 52.249-2, and 52.249-8)?

FBI RESPONSE: FAR 52.232-1, 52.243-1, 52.249-2 and 52.249-8 have all been removed from the solicitation as they are covered under 52.212-4 and 52.212-5.

· Section 7.0 - Attachment 3 Acquisition Risk Questionnaire (ARQ) is not an embedded file in Section 7.0. Can you please provide a copy of the WORD document for the ARQ?

FBI RESPONSE: Attachment 3 Acquisition Risk Questionnaire has been replaced.

· In accordance with FAR 12.302, Tailoring of Provisions and Clauses for the Acquisition Of Commercial Items, will the FBI tailor FAR 52.212-4 (p), Limitation of Liability, to be consistent with the customary commercial practice for the records management marketplace, as provided below, and modify the solicitation accordingly for all offerors?

(p)-Limitation of Liability:

(a) The Customer declares, for the purposes of this contract (the “Agreement”) , that (i) with respect to hard-copy records, microfilm and microfiche stored pursuant to this Agreement, the value of each such stored items is $1.00 per carton, linear foot of open-shelf files, container or other hard-copy storage unit, and (ii) with respect to round reel tape, audio tape, video tape, film, data cartridges or data cassettes or other non-paper media stored pursuant to this Agreement, the value of such stored items is limited to the cost of replacing the physical media. Customer acknowledges that it has declined to declare an excess valuation, for which an excess valuation fee would have been charged.

(b) Liability for Loss or Damage to Deposits. Contractor shall not be liable for any loss or destruction of, or damage to, stored materials (“Deposits”) unless such loss or damage resulted from Contractor’s negligence. If liable, the amount of Contractor’s liability, except as expressly set forth herein, is limited as provided in the Value of Deposits section. Deposits are not insured by Contractor against loss or damage, however caused. Customer may insure Deposits through third-party insurers for any amount. Customer shall cause its insurers of Deposits to waive any right of subrogation against Contractor. If Deposits are placed in the custody of a third-party carrier for transportation, the carrier shall be solely responsible for any loss or destruction of, or damage to, such Deposits while in the custody of the carrier.

(c) Liability for Non-Storage Services. With respect to services not related to the storage of Deposits, Contractor shall not be liable for any loss or default unless such loss or default is due to the negligence of Contractor. If liable, the amount of Contractor’s maximum liability for any loss or default shall be: (i) if such loss or default relates to a discrete project, the total fees paid by Customer to Contractor for such project; or (ii) if such loss or default arises from services that are of an ongoing and continuing nature, the total amount of fees paid by Customer to Contractor for the performance of such services during the immediately preceding six-month period. Contractor shall not be liable for the loss of contents of shredding bins unless and until the bins are in the custody and control of Contractor.

FBI RESPONSE: The answer to this question is still under review and will be provided upon approval.

· Section 2.3.3 part b – Can the FBI extend the expedited delivery time from 4 hours to 6 hours to accommodate for Washington Metro traffic congestion due to weather incidents, accidents, etc.?

FBI RESPONSE: FAR 52.232-1, 52.243-1, 52.249-2 and 52.249-8 The FBI will take into consideration traffic congestion due to weather incidents, accidents, etc., and will extend the delivery time as necessary.