Attachment 10 - Responses to Industry not provided in Attachment 9 - Amend6.pdf

Attachment 10 – Responses to Questions-Comments from Industry Final Solicitation Amendment 0006

1) Reference: Attachment 7, Government’s Response to GENERAL 3, General Comment (See Item 4)

Discussion: The Government’s answer to Item 4 that “It is the contractor’s responsibility to comply with local laws” is not a proper response to the question asked. The contractor (offeror) cannot provide a proper offer that is in compliance with local laws unless the Acquired Rights information discussed in Question 4, Attachment 7 and Question 5, Attachment 7 is provided to the contractor sufficiently in advance of the time that an offer is due. Since only the incumbent(s) has (have) this information and thus is (are) able to comply, the solicitation is potentially biased unless all possible offerors are provided the information or the solicitation provides for an equitable adjustment for additional labor costs that may result after award if the successful offeror must hire incumbent personnel with salary and benefits above those calculated in the successful offeror’s price proposal.

Question: Please provide the required Acquired Rights information for all incumbent personnel who may be required to be taken over by a successor contractor. If the answer is none, please so state in the solicitation.

RESPONSE: The Government does not have in its possession nor does it have access to any employment information for employees who currently provide the services required in this solicitation. Offerors are reminded that DFARS Clause 252.222-7022 entitled “Compliance with Local Labor Laws (Overseas) is included in this solicitation.

2) Question: In all services the common question is about TUPE costs. As we have no information about that, should we assume there is not TUPE to be transferred? If awarded the contract we would need to increase our proposal by the value of actual TUPE costs?

RESPONSE: See response to Question 1.