GNS_RFP_Comment_Matrix_20150514.xlsx
XLSX spreadsheet 12 KB Posted
- Attached to
- Global Network Services (GNS) Federal contract opportunity
- Solicitation number
- HC1013-15-R-0003
- Issued by
- Defense Information Systems Agency
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Clarification to previously provided GNS RFP Q As.
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Completed Questions
| Cmt No. | RFP Page # | RFP Para | RFP Sentence (first few words) | Specific Question or Recommendation INCLUDING your rationale for asking | DISA Response |
| 113 | I.52.211-11 Liquidated Damages -- Supplies, Services, or Research and Development (SEP 2000) & H 52.239-9000 Outage Credits (Feb 2006) | 52.211-11: "If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of 3.3% of the awarded Task Order's monthly recurring charge per calendar day of delay." 52.239-9000: "Credits for outage (interruption) of service will be provided to the Government by the contractor in accordance with its tariff provisions. In the event such tariff provisions do not exist, the following schedule shall be used to determine the credit (one day equals 1/30th of the Monthly Recurring Charge (MRC)) due the Government during each monthly billing period: . . ." | This is a follow-up question based on DITCO's response to GNS vendor question number 86 issued under Amendment 003 on May 6, 2015. Based on the revision to the liquidated damages provision in Amendment 001, and the addition of DARS 52.239-9000 Outage Credits (Feb 2006), please confirm that the liquidated damages provision, FAR 52.211-11 Liquidated Damages -- Supplies, Services, or Research and Development (SEP 2000) as modified by Amendment 001 to remove the word "unavailability", only applies when there are delays in delivering a service under the contract. DARS 52.239-9000 Outage Credits (Feb 2006), on the other hand, only applies when there is an outage/ service interruption and the outage/service interruption results in circuit performance below the SLA metric for circuit performance in the contract. | Confirmed. | |
| 114 | I.52.211-11 Liquidated Damages -- Supplies, Services, or Research and Development (SEP 2000) & H 52.239-9000 Outage Credits (Feb 2006) | 52.211-11: "If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of 3.3% of the awarded Task Order's monthly recurring charge per calendar day of delay." 52.239-9000: "Credits for outage (interruption) of service will be provided to the Government by the contractor in accordance with its tariff provisions. In the event such tariff provisions do not exist, the following schedule shall be used to determine the credit (one day equals 1/30th of the Monthly Recurring Charge (MRC)) due the Government during each monthly billing period: . . ." | As further follow-up to DITCO's response to GNS vendor question number 86, we believe that applying the 3.3% liquidated damage to the grouping of circuits in a network solution, rather than to an individual circuit that is delayed, defeats the policy articulated in FAR 11.501 that "[l]iquidated damages are not punitive and are not negative performance incentives," but rather are "used to compensate the Government for probable damages." By way of example, a vendor may be awarded a multiple circuit task order requiring installation of 10 circuits at geographically distinct locations. Vendor is able to install 9 of the 10 circuits without difficulty. Installation of the 10th circuit, however, is delayed. In this instance, based on the response to question 86, the vendor would be assessed liquidated damages against all 10 circuits, regardless of that fact that 9 of the 10 circuits are completed and available to the government for delivery and performance. Applying the liquidated damages to the MRC for all 10 circuits in this instance is not "a reasonable forecast of just compensation for the harm that is caused by late delivery" of the single circuit, but rather is a penalty that is punitive in nature. To further the FAR's policy on liquidated damages, (Offeror) respectfully requests that liquidated damages be applied on a per circut basis. | The government does not intend to order a "grouping of circuits" as a network solution or on a single task order. A network solution is an award of a network and as such, the network would not be considered complete until all specified SDPs within the network have operational service. |
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