RH_QandA_-_A00002.pdf

Question

No.

RFP Document or Attachment Reference

(or state "General") Offeror Question TSA Response

Given that Task Orders will be issued on a

Firm-Fixed Price basis (RFP § 1.4(a)) and that the potential 10% invoice deduction is not offset by any positive incentive for successful performance, Section 3.3 provisions that hold the contractor monetarily accountable for PII and hiring violations appear to be impermissible (and potentially unenforceable) penalties. The

10% deductions do not appear to fit the criteria for liquidated damages in FAR

Subpart 11.5 or the criteria for negative performance incentives in FAR Subpart 16.4.

Additionally, the penalty amount (10% of an entire invoice) appears excessive in relation to the potential damages from even a single violation.

Will the Government consider removing this provision from the Solicitation? If not, will the Government explain the authority for imposing such a penalty?

The clause at 52.211-11 is not included in the Solicitation and thus FAR Part 11

Liquidated Damagaes does not apply and there is no conflict between FAR Subpart

16.4 and Section 3.3. The provision will remain in the solicitation.

Section 3.3 of the RFP states: “The decision to hold the Contractor monetarily accountable as per this Section is the sole determination of the Government and is not subject to the Disputes Clause of this

Contract.” In Burnside-Ott Aviation

Training Center v. Dalton, 107 F.3d 854, 858-

59 (Fed. Cir. 1997) the Federal Circuit made clear that clauses that exempt disputes from the CDA are unenforceable.

Will the Government explain the authority for making certain provisions of Section 3.3 exempt from the Disputes clause?

The last sentence in Section 3.3 has been changed.

The Government has express and specific remedies for a contractor’s breach of PII and hiring requirements (e.g., indemnities, termination rights, regulatory fines and penalties). Accordingly, the additional monetary penalties in Section 3.3 would only serve to be redundant and punitive.

In lieu of the 10% monthly invoice penalties, would the Government treat PII and hiring compliance as SLA/performance goals that have a disincentive fee with the applicable calculation methodology for determining whether the goal has been met/not met?

The 10% monetary deduction for PII and hiring requirements remains unchanged.

From Q&A #29:

Q: In the base period and option period 5, the medical transaction quantity is listed at

28,000 for a six-month period. Please confirm.

A: CLIN 0003AC in the Base Period of

Performance and CLIN 5003AC in Option

Period 5 Period of Performance have been changed from Quantity 28,000 to 14,000.

See Attachment V - Price Schedule - A00001.

Due to the quantity and fluctuation of medical exams should these be excluded as part of calculated Small Business goals if being performed by a Large Business?

No, work has to be performed by a small business to get credit toward the small business goals.

From Q&A #30:

Q: Will TSA provide their cost estimate for

CLIN 5 prior to proposal submission?

A: The NTE amount for the ODC CLIN has been added. See Attachment V - Price

Schedule - A00001.

With the addition of the $50M ODC number, how does this impact the NTE value of the program?

The $50 Million ODC amount for the five year period of performance will be included in the calculation of the offeror's total evaluated price. The IDIQ NTE amount of

$290 Million remains unchanged.

Recruitment and Hiring Questions and Answers - HSTS01-16-R-HRM037 - A00002

From Q&A #67:

Q: To ensure clarity, is the government expecting a mix of past performance references for the Prime and subcontractors not to exceed five (5) references in total?

A: Yes. The minimum number of past performance references for the Prime is three (3). The maximum number of past performance references for the team (Prime and subcontractors included) is five (5).

This seems to differ what is stated in the

RFP. Which should we consider relevant?

Should the RFP be amended accordingly?

The RFP states the following: “The Offeror shall provide at least three (3) different but not more than five (5) different past performance references within the last three (3) years that is the same as or similar to this effort in terms of type, scope, complexity, and size. The offeror shall include past performance references for proposed subcontractors but shall exceed no more than five (5) for the team.”

The answer to Q&A 67 states “The minimum number of past performance references for the Prime is three (3). The maximum number of past performance references for the team

(Prime and subcontractors included) is five

(5).”

The response in Amendment A00001 clarifies what is stated in the RFP.

From Q&A #118:

Q: The Base Period has quantities for all activities in CLINs 0001 - 0008. Please clarify whether the 6-month Base Period is to be used solely for Incoming Transition, or will the selected vendor also be performing activities in CLINs 0001 - 0008? B) please confirm the month CLINS 1-8 start.

A: All CLINs for the 6 - Month Base Period shall be available to fund if the Government chooses to do so based on transition-in activities and progress. Section 1.2 of the

RFP outlines the "Anticipated Period of

Performance" identifying the "anticipated" month each Period of Performance is to begin.

Incoming Transition (CLIN 0009) occurs within the Base Period thus requiring less than 6 month quantities to be priced for other CLINs.

How does TSA want us to reflect the appropriate quantities in the pricing template after the completion of Incoming

Transition? There are no guidance in the “Instructions” tab.

The number of units is given for each CLIN in the Price Schedule. Offeror's shall put the price in the column titled "Unit Price" for each CLIN as described under the

"Instructions" tab.

From Q&A #139:

Q: There is an Outgoing Transition CLIN included in each option period. Can you confirm the Outgoing Transition is to be provided for year-5 only?

A: All offerors shall include pricing as instructed in the Attachment V - Price

Schedule - A00001 under the "Instructions" tab.

By pricing Transition-Out in every Option

Period, this adds duplicate cost to pricing that increases the probability of exceeding the $290M NTE. In the “Instructions” tab of

Attachment V - Price Schedule - A00001 there is no reference to Transition-Out.

Recommendation: Outgoing Transition to be priced only in Option Period 5.

The Transition-Out CLIN will remain in each

Option Period and does not increase the probability of exceeding the $290 Million

NTE amount on the IDIQ.