FEMA_Solicitation_Question_Clarification.pdf

Question # Section SOO or RFP Paragraph Contractor Question/Comment Government Response Questions:

A. Please clarify if (1) the Offeror must demonstrate that it can meet at least the minimum quantities and time frames listed in the Scenario Objectives.

B. Please clarify if an offeror would be responsive to the RFP if the offeror cannot show capacity to meet the minimum requirements in Scenario (1) (e.g. Objective 1, page 3 of Scenario (1) 50,000 minimum displaced survivors; Objective 3, page 3 of Scenario (1) 235,000 minimum prepared meals)?

C. If the answer to B is yes the offeror is responsive, how will FEMA evaluate offerors?

D. Would offerors that show the largest capacity have an award advantage over other offerors?

FEMA SOLICITATION Question Clarification

IASC RFP Questions

26 Scenario (1) Responses to Questions; Attachment B, Scenarios; Section M, page 104; Scenario (1)

Offerors are expected to propose based on their capacity and ability to develop solutions to shelter a minimum of 50,000 disaster survivors and prepare a minimum of 235,000 meals per day. However, for the remaining objectives, offerors are expected to propose based on their best effort.

Proposals not meeting the minimum numbers for these other objectives will not be considered non-responsive, but the offeror's overall approach will be evaluated.

FEMA SOLICITATION Question Clarification

IASC RFP Questions

Section I.10 of the Solicitation contains FAR 52.228-7 (Insurance – Liability to Third Persons) which applies to cost reimbursable contracts/task orders. However, in Section B.5 (Contract Type) of the Solicitation, it is stated that FEMA intends to award IDIQ contracts with FFP and T&M CLINs. As such, it appears that FAR 52.228-7 will not apply to the FFP/T&M task orders issued under the IDIQ contracts. Questions:A. In order to alleviate the contractor’s risk and liability related to such task orders, and reduce insurance costs to FEMA, would FEMA be amenable to extending the application of FAR 52.228-7 to FFP/T&M task orders? B. If so, would FEMA provide assurance that funds are or will be available for reimbursement under

FAR 52.228-7?

A. FAR Clause 52.228-7 will be removed and replaced with following language: The government intends to reimburse, in accordance with applicable Federal law and regulation, the contractor’s cost of third-party liability insurance for disaster task orders only. It is the government’s assumption that contractors can expeditiously purchase third-party liability insurance after receiving but before performing on a disaster task order.

Such insurance would be based on the requirements of the task order. If industry believes that the Government’s assumption is incorrect, please provide additional information as to why the Government should consider reimbursing third-party liability insurance during steady-state.

C. Also, would FEMA approve flowdown of FAR 52.228-7 by IDIQ prime contractors to their subcontractors?

B. FEMA cannot provide assurance that funds will be available in advance of incurring any obligation. For context, disaster task orders will be funded out of the Disaster Relief Fund, which, historically, has never been depleted of funds.

31 Section I.10 52.228-7, Insurance - Liability to Third Persons (March 1996)

FEMA SOLICITATION Question Clarification

IASC RFP Questions

C. With the removal of FAR Clause 52.228-7, this is no longer applicable.

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