HSCG23-15-R-PFC999_Questions.pdf

HSCG23-15-R-PFC999 Questions and Answers

1. Reference:

Section B.4 and Attachment B Rate Input and Labor Category Descriptions

Question:

Section B.4 describes the Aviation Maintenance Technician (AMT) instructor using terms that apply to an Aviation Survival Technician (AST) Instructor.

Attachment B includes entries for an AMT instructor and an AST Instructor. There is no AST Instructor category listed in Section B.4.

Answer: Please see Amendment 00001

Question: Will the Government address these discrepancies to ensure Section B.4 supports Attachment B in its entirety?

Answer: Please see Amendment 00001

2. Reference:

Section L, Volume 1; Section M, Subfactor 5; Attachment D (Sample Task Order 2)

Question:

The Section L reference directs the Offeror provide a technical approach to “the Sample Task Order (Attachment C)….” There is no requirement to discuss Attachment D in the Technical Volume (Volume 1).

The Section M reference includes an evaluation of the Offeror’s technical approach to both Attachment C and D.

Attachment D (Sample Task Order 2) is very brief with no specific description of the mission at Training Center Petaluma. The Attachment simply refers to the IDIQ.

Please confirm the government’s intent regarding whether or not offerors should include a discussion of a technical approach addressing the requirements of task order 2 as part of their Technical Volume 1, Subfactor 5 response.

Answer: Please see Amendment 00001.

3. Reference:

Attachment B, Rate Input

Question:

Attachment B includes an estimated Level of Effort (LoE) for Training Center Petaluma. Attachment B also requires each Offeror to propose a LoE for Training Center Petaluma. This LoE might be the same as that already specified in Attachment B.

Answer : Yes, it could that is at the discretion of the offeror.

Question: Will the Government clarify what is expected of Offerors when they complete the Sample Task Order 2 worksheet in Appendix B?

Answer: Please see Section L.1 Volume 3: Price. “Offerors shall provide labor mix and estimated hours for Sample Task Order 2 (Attachment D) on the "Sample Task Order 2" worksheet of Attachment B.”

4. Reference:

Section B; I.4 52.216-24 Limitation of Government Liability (page 39) ; Availability of Funds (Page 45, Clauses incorporated by reference)

Question:

It is not clear that money has been obligated and available to this contract. However, the minimum ordering obligation is $50,000. Can the government confirm that this money is available?

Answer: Please see Amendment 00001

5. Reference:

Section B, Supplies and Services

Question:

What is the total value of the contract?

Answer: See page 2 (OF336 Maximum: “Total value of contract and shall be inserted at time of award.”

Section/Attachment:

Section B

Question:

The government has indicated that this is a five-year IDIQ with firm-fixed price CLINS awarded annually. Based on the sample tasks, which represent a subset of the total scope of work under each of the five primary CLINS for each year of the period of performance, it is unclear how task orders are going to be awarded. Please clarify how the government intends to award work under the contract.

Answer: Please see Amendment 00001

6. Reference::

PWS G.3.5.3

Question:

“(a) The Contractor shall fill staff vacancies not less than ten (10) business days from the time the Contractor received notice of a voluntary separation, unless an exception is granted by the Contracting Officer.” Please clarify:

does the government intend to indicate a requirement for positions to be filled within 10 business days from notice of receipt?

Answer: Please see Amendment 00001

7. Reference:

Sec H.1

Question:

The Security Authorization and referenced guidance under H.1.c Authorities seem to include requirements for Authority to Operate and other NIST Special Publications for Computer Systems, Cybersecurity, and related federal guidance. These seem more applicable to information technology providers. Recognizing that the incumbent contract has an IT support component, but that the follow-on contract is limited to training, we respectfully request the government review and validate the applicability of the security and training requirements to the subject requirement.

Answer: This clause is required by DHS for contracts where a contractor has access to Sensitive Information. It is not only for Information Technology acquisitions.

8. Reference:

Section B.4, G.3.5.2 Site Leads and Attachment B Rate Input and Labor Category Descriptions

Question:

The estimated level of effort (LOE) for site leads is 470 per annum. Please clarify the responsibilities assumed for site leads, which seem incongruent with the the information provided in section Section B and G.3.5.2.

Answer: Please see Amendment 00001

9. Reference:

Attachment B, Transition Services, Section L & M.

Question:

Transition services (CLIN 00006) is part of the total evaluated price, however, no details are provided in Section L regarding how to derive this amount. Should this include both transition in and out? There is insufficient data to develop this, and a complete plan is not due until five days after award. Please advise regarding how to price this effectively.

Answer: Please see Amendment 00001

10. Reference:

Section B Continuation Sheet

Question:

The government indicates that there is a $50,000 minimum. For what services should this initial award be attributed to? This is unclear. Please advise, as this is a separate CLIN.

Answer: $50,000 is the minimum amount guaranteed on this contract IAW FAR 52.216-19; it is not attributed to a service.

11. Reference:

Section M.1.1 (ii)

Question:

How does the USG want offerors to illustrate evidence of required FCL? Is this considered outside of the 75-page limitation?

Answer: Please see Amendment 00001

12. Reference:

Section M.1.1(iv)

Question:

Will the USG provide a current state of operations (sample class schedule etc) in order for contractor to provide a more concise transition plan?

Answer: Information regarding the USCG Training units can be found at:

http://www.uscg.mil/forcecom/fc_units_training.asp

13. Reference:

Attachment VII: Wage Determination Table

Question:

In the Wage Determination Table (Attachment VII), Cape May was not listed. Would you please provide a Wage Determination Number for this location?

14. Reference:

Attachment B, Section B

Question:

Does the government intend to award for surge support?

Answer: The Government intends to award Firm Fixed Price order.

15. Reference:

Attachment B, Rate Input

Question:

What is the basis of estimate for FTE versus hours per annum?

Answer: The estimates provide greater detail.

Question Number 16

DOCUMENT RFP

PAGE 21, 57

SECTION NO. E.3 and L SECTION NAME Contractor Quality Control (QC), L.1 Instructions to Offerors

SECTION TEXT …. The Contractor shall submit to the Contracting Officer, a Quality Control Plan (QCP) as part of the Technical Proposal.

QUESTION

Please clarify that the QCP is excluded from page count and state in which Volume the QCP resides?

Answer Please see Amendment 00001 Question Number 17

DOCUMENT RFP

SECTION NO. L

SECTION NAME L.1 Instructions to Offerors

SECTION TEXT Excluding SF 33, provisions of Section K through M and Attachments A and B, proposals shall be limited to 75 pages (all volumes)

Please clarify if the following items are excluded from the 75 page count limit: title pages, Table of Contents, Compliance Matrix, Resumes, Section I OCI Affirmation and Sample Task Orders C and D?

Answer Yes, and please see Amendment 00001 Question Number 18

DOCUMENT RFP

PAGE 57,

SECTION NO. L, M

SECTION NAME L.1 Instructions to Offerors, M.1 (v) Sub-factor 5, Technical Approach Sample Tasks

SECTION TEXT

L.1 Offerors shall provide a technical approach that demonstrates a capability to perform and an understanding of the analytical services detailed in the Sample Task Order (Attachment C) including a proposed labor category mix and associated hours needed to complete each Sub- Task

M.1(v) The offeror's proposed technical approach to provide the services, including proposed labor category mix and hours proposed to complete each sub-task detailed in the Sample Task Order 1 (Attachment C), and offeror's proposed technical approach to provide the services, including proposed labor category mix and hours proposed to complete the services detailed Sample Task Order 2 (Attachment D).

QUESTION

With only one Sample Task Order referenced in the Instructions to Offerors, would the Government please clarify if it is their intention to have both Attachment C and Attachment D Sample Task Orders addressed in the proposal?

Answer Please see Amendment 00001 Question Number 19

DOCUMENT RFP - Attachment C

SECTION NO. 4.5

SECTION NAME REVIEW, REVISIONS AND ACCEPTANCE OF DELIVERABLES.

SECTION TEXT

All deliverables listed in PWS 7.0 require USCG approval prior to commencing work on subsequent deliverables.

4.5.1 The Contractor may conduct analysis work for each job occupation concurrently, but analysis work within each job occupation shall be completed in the order identified in the PWS such that each deliverable is reviewed and approved prior to commencing work on the next deliverable for that job occupation.

4.51.2 Acceptance will be IAW the references detailed in PWS Section 6.0.

QUESTION Please direct the offeror to where PWS 6.0 and PWS 7.0 are located since they don’t appear in the IDIQ PWS nor the STO PWS?

Answer Please see Amendment 00001

Number 20

DOCUMENT RFP

PAGE L.1 - 57

SECTION NO. Instructions to Offerors SECTION NAME Volume 1: Technical & Management (paragraph 2) SECTION TEXT Offeror shall provide a technical approach that demonstrates . . . training performance analyst”

QUESTION Please confirm that the correct wording for this section of text is “training performance analysis and not “training performance analyst”?

Answer Please see Amendment 00001 Question Number 21

DOCUMENT RFP

SECTION NO. M.1

SECTION NAME Evaluation Factors for Award

SECTION TEXT

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Selections under this solicitation shall be based on the responsible offeror whose proposal represents the best value for the Government using the tradeoff approach in accordance with FAR 15.3. AS such, award may be made to other than the lowest priced offeror or other than the highest technically rated offeror. The following factors shall be used to evaluate offers

QUESTION

The Government has not provided any adjectival or numerical rating for the factors or sub-factors. Without such ratings, it is unclear how the Government intends to evaluate the technical and management sub-factors of the submitted proposal. Please clarify the method by which the Government will evaluate the non-price factors and sub-factors of the offerors proposals.

Answer Please see Amendment 00001 Question Number 22

DOCUMENT RFP

SECTION NO. L.1

SECTION NAME Instructions To Offerors

SECTION TEXT Page size shall be letter size (8.5" x 11", but tables, charts, or graphs may be on up to legal size 11" x 14".

QUESTION Please clarify whether the alternate page size is legal 8 ½ x 14 or tabloid 11 X 17?

Answer Please see Amendment 00001

Question Number 23

DOCUMENT RFP

PAGE 7, 18

SECTION NO. B.4, B.5

SECTION NAME Labor Category Descriptions, Labor Categories Requiring Clearances SECTION TEXT Not addressed in sections

QUESTION Are any of the labor categories covered by a current CBA, if so will the government release the CBAs?

Answer The government is not aware of any collective bargaining agreements at this time.

Question Number 24

DOCUMENT RFP, Attachment VII

PAGE --

SECTION NO. 79 of 97 SECTION NAME Wage Determination Table

SECTION TEXT Not address in Table

QUESTION Please provide the revision numbers for the wage determination schedules provided in Attachment VII.

Answer Please see Amendment 00001 Question Number 25

DOCUMENT RFP

SECTION NO. G.3.5.3

SECTION NAME Contract Management

SECTION TEXT

(b) The Contractor shall fill staff vacancies not less than ten (10) business days from an involuntary separation, leave of absence, administrative leave or other absences unless an exception is granted by the Contracting Officer.

QUESTION Please clarify the Government’s intention for positions to be filled within 10 days of the vacancy of the position?

Answer Please see Amendment 00001 Question Number 26

DOCUMENT RFP

SECTION NO. G.3.5.3

SECTION NAME Contract Management

SECTION TEXT

(a) The Contractor shall fill staff vacancies not less than ten (10) business days from the time the Contractor received notice of a voluntary separation, unless an exception is granted by the Contracting Officer.

QUESTION Please clarify the Government’s intention for positions to be filled within 10 days of the vacancy, not the notice of the vacancy of the position?

Answer Please see Amendment 00001.

Question Number 27

DOCUMENT RFP

SECTION NO. G.5

SECTION NAME Contractor Employee Telework

SECTION TEXT Contractor employees are not authorized to telework unless authorized by the Contracting Officer. No long term telework will be authorized.

QUESTION

Please clarify the Government’s intention on telework in reference to the Program Manager, Site Leads and other TO personnel. Is it the Government’s intent that all work must be performed at a government site and/or out of a contractor’s facility?

Answer Please see Amendment 00001.

Question Number 28

DOCUMENT RFP and Attachment D

SECTION NO. L.1, M.1(v)

SECTION NAME Instructions To Offerors, 3: Price , M.1 Evaluation, (v) Sub-factor 5, Technical Approach Sample Tasks

SECTION TEXT

L.1 Offerors shall provide labor mix and estimated hours for Sample Task Order2 (Attachment D) on the "Sample Task Order 2" worksheet of Attachment B

M.1 (v) Sub-factor 5, Technical Approach Sample Tasks The offeror's proposed technical approach to provide the services, including proposed labor category mix and hours proposed to complete each sub-task detailed in the Sample Task Order 1 (Attachment C), and offeror's proposed technical approach to provide the services, including proposed labor category mix and hours proposed to complete the services detailed Sample

Task Order 2 (Attachment D).

Attachment D

3.10 INSTRUCTION SERVICES.

See IDIQ for the following:

3.10.9 Electronics Technician (ET)

3.10.10 Emergency Medical Technician (EMT)

3.10.14 Heath Services Technician (HS)

3.10.15 Information Systems Technician (IT)

3.10.16 Information Systems Technician (IT) Telephony

3.10.17 Information Technology

3.10.18 Instructor Development Course and Course Designer Course (IDC/CDC)

3.10.23 Operational Specialist

3.10.26 Storekeeper (SK)

3.10.29 Yeoman (YN)

QUESTION Please provide further clarification on the requirements to be addressed in Sample Task 2, Training Center Petaluma.

Answer Please see Amendment 00001.

Question Number 29

DOCUMENT RFP

SECTION NO. M

SECTION NAME Evaluation factors for Award

SECTION TEXT

The Sample Task Order 1 Price, the Sample Task Order 2 Price, and travel are excluded from valuation. The price proposed for the sample tasks, however, will be evaluated for price reasonableness.

QUESTION With the exclusion of the Sample Tasks from the pricing evaluation, please clarify if the Contract Award is dependent on price reasonableness of the sample task?

Answer Please see the first two sentences of M.1 (3) Price.

Question Number 30

DOCUMENT RFP and Attachment A PAGE 57 (Sect L), 60 (Sect M), 1 (Attach A)

SECTION NO. L.1, M.1(2), Attachment A SECTION NAME Past Performance/Relevant Past Performance

SECTION TEXT

Offerors shall submit at least three (3) relevant past performance references for contracts with the private industry or government instrumentalities (Federal, state, or local) utilizing the Past Performance Questionnaire (Attachment A).

QUESTION

Please clarify if each completed Attachment A should be included as part of the offeror’s response or returned directly to the Government by the offeror’s customer. If the intent is for the offeror’s customer to submit directly to the Government, please provide the relevant POC information for submission. If the Government intends the completed Attachment A be included as part of the offeror’s response, will it be included as part of the 75 page limit?

Answer Please see the instructions on the form, and also please see Amendment 00001. Attachment A is stated as excluded.

31.

We are requesting a copy of the Industry Day Attendees list and Briefing [held in Petulama, CA this summer].

Can this be released to FBO? May I receive an email copy?

Answer: There was a USCG HQ industry day that took place last November. That wasn't about this acquisition, it was related to the USCG HQ Contracting Office as a whole. The presentations for that event are online:

https://www.fbo.gov/index?s=opportunity&mode=form&id=1f765af70ce449d9dcf226c03712f7bc&tab=core&_cvie w=1 There wasn’t an industry day held this summer in Petaluma, CA.

Number 32

DOCUMENT Attachment B Rate Input

PAGE

SECTION

NO.

SECTION

NAME Tab - Estimated LOE, Tab - Proposal Labor Category Rate

SECTION

TEXT

In both the tabs, Estimated LOE and Proposal Labor Category Rate, respectively, the labor category “Instructional Systems Designer (ISD) appears twice in the New London location, with one calling out New London and the other calling out Petaluma, CA. Please clarify whether there are 2 ISDs located in New London, or if the IDS with the Petaluma, CA location belongs under Petaluma, CA or deleted.

Answer The information is correctly stated.

Number 33

DOCUMENT Attachment B, Rate Input, RFP

PAGE 7 - 18

SECTION

NO. B.4

SECTION

NAME Tab – Estimated LOE, Labor Category Descriptions

SECTION

TEXT

Aviation Survival Technician (AST) Instructor – ATT Elizabeth City, NJ Boatswain's Mate (BM) Instructor (Underway) – TRACEN, Yorktown, VA Contingency Preparedness & Response Management Instructor - TRACEN, Yorktown, VA

QUESTION

In Attachment B, Rate Input, there are 3 labor categories not listed in RFP Section B.4, Labor Category Descriptions. These missing categories are as follows: 1) Aviation Survival Technician (AST) Instructor – ATT Elizabeth City, NJ, 2) Boatswain's Mate (BM) Instructor (Underway) – TRACEN, Yorktown, VA, and 3) Contingency Preparedness & Response Management Instructor

- TRACEN, Yorktown, VA. Is it the Government’s intention to include these categories, if so, please provide the labor category descriptions as others are provided in Section B.4 of the RFP.

Answer Please see Amendment 00001

Number 34

DOCUMENT Attachment D, Sample Task Order 2, Attachment B, Rate Input PAGE Page 1 of 2, Tab – Estimated LOE, Tab - Proposal Labor Category Rate

SECTION

NO. Section 3.1

SECTION

NAME 3.10 INSTRUCTION SERVICES.

SECTION

TEXT

3.10.26 Storekeeper (SK), https://www.fbo.gov/index?s=opportunity&mode=form&id=1f765af70ce449d9dcf226c03712f7bc&tab=core&_cview=1 https://www.fbo.gov/index?s=opportunity&mode=form&id=1f765af70ce449d9dcf226c03712f7bc&tab=core&_cview=1

In Attachment D, Sample Task Order 2, Section 3.10, calls out the labor category of 3.10.26 Storekeeper (SK). In Attachment B, Rate Input, under both the Tab – Estimated LOE and the Tab

- Proposal Labor Category Rate, the estimated labor mix is zero (0) for this labor category. Please clarify that it is the Government’s intent to have this labor category included in the response to Sample Task 2.

Answer The information is correctly stated.

35. Are the two sample task orders provided as part of the solicitation and contractors’ responses awardable or examples only?

Answer: At this time they are examples.

36. What is the number of days of overlap between the last day of the current contract (incumbent) and start of the new one (incoming contractor)?

Answer: The current task orders expire 4/31/2016. Please see Amendment 00001 regarding the transition period.

37. Does the incumbent have a Phase-Out period as part of their current contract? If so, what is the duration?

Answer: HSCG23-11-D-DBT000 does not have a phase out period.

38. Tab 1 (Enter Rate) on the Attachment B (Rate Input) spreadsheet asks for hourly rates for the 5 years of performance. Can the Government please clarify what locale Contractors should use when quoting those rates for positions located at multiple sites across the U.S.? (For example, Instructional Systems Designers (ISD) will perform at 7 of the 9 TRACEN sites.)

Answer: Please see Amendment 00001

39. Would the Government please consider allowing resumes to be excluded from the 75 page count limitation on proposal responses?

40.

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

RFP E.3(1) 25 This item indicates that a QCP needs to be included with the proposal, however the QCP is not listed in Section L (Instructions, Conditions, and Notices to Bidders) or in Section M (Evaluation Factors for Award). If the QCP is not being evaluated, is it included in the total page count?

Answer: Please see Amendment 00001.

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

RFP M.1(2) 60 “A contractor without a record of relevant past performance or for whom information on

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question relevant past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive an overall past performance rating of neutral. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant. “ This item appears to indicate that there is no requirement for the Prime to submit any relevant past performance and rather the Prime could provide only relevant past performances from their teaming partners and receive a rating of acceptable. This appears to introduce substantial risk for the Government receiving bids from Prime contractors with no relevant experience. Would the Government consider revising this item to require a minimum of one relevant past performance from the Prime?

Answer: Section L.1 states the following:

“Volume 2: Past Performance Offerors shall submit at least three (3) relevant past performance references for contracts with the private industry or government instrumentalities (Federal, state, or local) utilizing the Past Performance Questionnaire (Attachment A).

The past performance services must have been performed within the past three years. If there is no relevant past performance, submit a statement to that effect.”

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

RFP Section L 57 Is the cover page, cover letter and Table of Contents included in the page count?

Answer: Yes, and please see Amendment 00001.

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

RFP L.1 (a)

M.1(1)(v)

States “Offerors shall provide a technical approach that demonstrates a capability to perform and an understanding of the analytical services detailed in the Sample Task Order (Attachment C) including a proposed labor category mix and associated hours needed to complete each Sub-Task.”

States “The offeror's proposed technical approach to provide the services, including proposed labor category mix and hours proposed to complete each sub-task detailed in the Sample Task Order 1 (Attachment C), and

Section, Paragraph or Tab and Cell

Document Page

Question offeror's proposed technical approach to provide the services, including proposed labor category mix and hours proposed to complete the services detailed Sample Task Order 2 (Attachment D).”

Does the Government require a technical approach for both Sample TO1 and TO2 or only for TO1?

Answer: Please see Amendment 00001.

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

RFP G2 Resume Review 25 States “The contractor agrees to assign only personnel who are qualified for the applicable labor category. The contractor shall submit the resumes of proposed contractor personnel to the Government.”

Is the Government requesting resumes for all personnel proposed in response to this RFP or only those designated Key? Or does this requirement apply to post award actions? If the Government requires resumes for all personnel proposed to be included in the proposal, are those resumes included in the page count?

Answer: Section G is regarding contract administration, and not submission requirements. Please see Section L.1;

it “…resumes for all designated key personnel as designated in HSAR clause 3052.215-70.”

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

RFP G.3.5.3

G.2

Sets a 10 business day requirement for filling vacancies.

Requires Government approval of all resumes for proposed personnel.

Will the Government commit to a one business day review period for resumes of proposed personnel or extend the 10 business day requirement to 15 days to allow sufficient time for Government review of resumes when filling vacancies?

Answer: No, but the government does not intend to take very long evaluating resumes. 10 business days will remain unchanged.

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

RFP G.3.2 25 The RFP states that the Government will furnish the following: workstation, computer system access (as needed), and access to

Section, Paragraph or Tab and Cell

Document Page

Question

Government instruction facilities (as needed).

Is this furnished equipment only at government sites or at contractor sites as well?

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

Attachment A Past Performance Questionnaire

Can the Government please clarify where the Past Performance Questionnaires should be returned? If they should be returned directly to the Government, please provide instructions on where and how they should be returned. If they are to be returned to the offeror and included in the proposal, are these completed forms included in the page count?

Answer: Please see L.1 and the form. Yes, the form is to be submitted to the government as stated in L.1:

Volume 2: Past Performance Offerors shall submit at least three (3) relevant past performance references for contracts with the private industry or government instrumentalities (Federal, state, or local) utilizing the Past Performance Questionnaire (Attachment A)….

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

Attachment B Rate Input Estimated LOE Sheet

This sheet uses 1880 labor hours for FTE positions. Can the Government provide the rationale for this number? Typically, 1920 has been used as the LOE for FTE positions. 1880 appears to be based on the assumption that all employees would use 2 weeks of vacation and 1 week of sick leave each year.

Answer: The Government estimates are based on historical contracts for similar services.

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

Attachment B Rate Input Estimated LOE Sheet and Proposed Labor Category Rate Sheet

Program Manager is included on the Enter Rate sheet but not included in the Estimated LOE Sheet and Proposed Labor Category Rate Sheet. Was this an oversight? If not how will the Government evaluate the Program Manager pricing?

50.

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

RFP After reviewing the RFP in detail, it appears that the Government is seeking professional services to support USCG courses as referenced under 29 C.F.R. Part 541 (i.e., courses taught at USCG training centers are accredited through ACE and/or FLETA and therefore meet the 29 C.F.R. part 541 standard that the courses be accredited by a nationally recognized accrediting organization for career schools). Additionally, the lack of an overtime CLIN, the pricing reference to a maximum 1880 labor hours per year (which assumes a full benefits package of 80 holiday, 80 vacation and 40 sick hours), and that the educational and experience requirements for almost all positions in the RFP meet the exemption requirements (either the administrative exemption or the learned professional and creative professional exemptions) for professional employees under the Fair Labor Standards Act (FLSA) seems to indicate that the Government is assuming that this contract is not subject to SCA WD restrictions. Would the Government please clarify this?

Answer: Please see Amendment 00001, “All orders will be negotiated, and orders issued against this contract shall be firm-fixed price; and may have a time-and-material CLIN for travel per schedule”

51.

RFP,

Attachment

Section, Paragraph or Tab and Cell

Document Page

Question

RFP G.4 This item indicates “If travel is authorized or directed by the COR, the Contractor shall be reimbursed for direct costs in accordance with FAR 31.205-46 for transportation, lodging, and meal per diem. The USCG will not reimburse indirect costs such as G&A, burdens, miles on personal car to and from the airport, labor costs to and from the travel destination, or labor costs during travel.”

FAR 31.205-46 indicates that “Costs for transportation may be based on mileage rates, actual costs incurred, or on a combination thereof, provided the method used results in a reasonable charge. Costs for lodging, meals, and incidental expenses may be based on per diem, actual expenses, or a combination thereof, provided the method used results in a

Section, Paragraph or Tab and Cell

Document Page

Question reasonable charge.”

Miles on a personal car to and from the airport would seem to be reasonable and advantageous to the Government in many situations. Is the Government intending that in all situations, contractors must use some other form of transportation to and from the airport? And if so, will the Contractor be reimbursed for those expenses?

Additionally would the Government please clarify what is meant by “labor costs during travel”. Understanding that the Fair Labor Standards Act (FSLA) indicates that "the Division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile," As written this clause seems to contradict FSLA guidance that states "Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee's workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days."

Answer: Since the Orders will firm fixed priced, there will not be an opportunity for additional labor cost. A contractor is responsible for complying with labor laws and regulations. Regarding to and from the airport, please see Amendment 00001.