Q A 9-4-08.doc

Questions and Answers (1):

Question: Page 20 of the RFP states that "The contractor shall ensure that health and life insurance benefits provided to its deploying personnel are in effect in the AOR and, if not, they must properly brief their personnel and maintain written documentation of such notification on non-coverage and employee written acknowledgement."

Reviewing the remainder of the RFP, there was no mention of the Defense

Base Act, nor was in listed in any of the FAR clauses cited in the RFP.

Will DBA be required for all employees deploying OCONUS? If so does the government have a pre arranged broker and a rate that should be used in pricing of this effort?

Answer: Defense Base Act (DBA) coverage will be required for all employees deploying OCONUS. The Government does not have a pre arranged broker and a rate that should be used in pricing of this effort. Additional details pertaining to the DBA are as follows:

What is the Defense Base Act?

Established in 1941, the primary goal of the Defense Base Act was to cover workers on military bases outside the United States. The act was amended to include public works contracts with the government for the building of non-military projects such as dams, schools, harbors, and roads abroad. A further amendment added a vast array of enterprises revolving around the national security of the United States and its allies. Today, almost any contract with an agency of the U.S. government, for work outside the U.S., whether military in nature or not, will likely require Defense Base Act coverage.

Who Requires DBA Coverage?

1.

Any employee working on a military base or reservation outside the U.S.

2.

Any employee engaged in U.S. government funded public works business outside the U.S.

3.

Any employee engaged in a public works or military contract with a foreign government which has been deemed necessary to U.S. National Security.

4.

Those employees that provide services funded by the U.S. government outside the realm of regular military issue or channels.

5.

Any employees of any sub-contractors of the prime or letting contractor involved in a contract like numbers 1-4 above.

What are the consequences of not carrying DBA Coverage?

Failure to obtain DBA insurance carries stiff penalties. All government contracts contain a provision that requires bidding contractors to obtain necessary insurance. Failure to do so will result in fines and possible loss of contract. The additional and most severe penalty is that employers without DBA coverage are subject to suits under common law, wherein common law defenses are waived. In other words, the claimants or their heirs need only file suit and do not have to prove negligence. Lastly, all claims may be brought in Federal Court and are against the insured directly. According to Ashcraft & Gerel, LLP, the leading national law firm handling Defense Base Act cases for injured workers, these cases can be very costly, and should be a source of great concern for contractors operating overseas.

Question: Page 44 of 60, paragraph 6, Pages Not Counted, lists a Statement of Work, which is not counted towards the page count.

Does the government require a SOW that covers the RFP and SOO requirements?

Answer: The Government is not looking for contractors to provide their own SOW, it has been provided as Task Order 1, Enclosure 1 of the solicitation. For pricing purposes, your bid is to the requirements for Task Order 1, which is the SOW provided as Enclosure 1. The SOO covers the overall parameters/requirements of the entire IDIQ and personnel requirements which all vendors must meet, the pricing of the proposal is based on the Task Order 1 SOW requirements only as well as any other instructions/requirements provided in the solicitation.