Questions and Answers Rev 3.pdf

1) Q: We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services? If not brand new, could you please provide the current / previous contract number?

A: The current contract number is N0018921D0014. The incumbent is Onesimus Defense LLC.

2) Q: We have a question regarding insurance requirements for this contract. Currently we carry Foreign Liability Policy with a $1,000,000 limit of liability (for work outside of Canada, CONUS and Puerto Rico). Will the awarded company for this solicitation be required to carry Defense Base Act Coverage and if so for what amount and does this amount vary per base?

A: Yes, DBA insurance is required for this requirement. Failure to have DBA 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. DBA provides disability compensation and medical benefits to employees and death benefits to eligible survivors of employees of U.S. government contractors who perform work overseas. Compensation benefits are two‐thirds of an employee's average weekly wage (AWW), up to a maximum rate per week. The contractor will have to discuss with their insurance carriers, premiums are not set by, nor regulated by the Department of Labor. Insurance carriers set the rates independently. Additionally, the Contracting Officer cannot provide legal advice as to whether your specific policy meets the requirements of the DBA. General information about the DBA and its requirements can be found at the DOL’s website at:

https://www.dol.gov/agencies/owcp/dlhwc/lsdba. FAR 52.228‐3 and 52.228‐5 have been incorporated into the solicitation. See amendment 0001.

3) Q: In Section 1.6.16 It indicates that course materials, training aids and instructional materials need to be shipped in advance. In Order to avoid loss of materials we always travel with the student manuals and the training aids are loaded onto our instructors IPads or Laptops.

Would it be acceptable to bring these with us vs shipping them in advance?

A: Please see amendment 0002, Performance Work Statement Rev 1.

4) Q: In section 1.1 Paragraph 2 it discusses Government Furnished Property (GFP) which will be provided for the training. We agree and have the ability to bring all of the required gear necessary in order to ensure every student has a primary and secondary system while being trained at height; however can you clarify if the students will have their own Personal Protective Equipment (PPE) with them during training, i.e. harnesses, lanyards, hard hats etc.?

A: Students are not required to bring their own Personal Protective Equipment (PPE) with them during training. If a student has their own PPE and would like to bring it, we allow them but the instructor shall inspect the equipment to make sure it is serviceable prior to climbing.

5) Q: Regarding Section 1.4 of the Performance Work Statement, it states that the course slides must adhere to the outline provided by the Government, in alignment with materials supplied by the contractor. Is there a possibility for the Government to pre‐approve a contractor’s training slides if they fulfill the rudiments outlined in the PWS?

A: The Government cannot provide feedback or evaluate proposed contractor training materials before award of the contract, but materials can be reviewed by the Government before contract performance begins.

6) Q: In the event of non‐pre‐approval, will the Government provide copies of the slides to the successful bidder in advance? This is to ensure that the training curriculum, slides and hands‐ on exercises are seamlessly integrated for optimal training quality for the participants.

A: See question 5.

7) If in accordance with the criteria specified in Section 3 of the Performance Work Statement, the primary instructor fully complies with the mandated qualifications. Regarding the secondary instructor, while not entirely meeting the stipulated requirements, this individual brings substantial expertise, evidenced by five years of dedicated service in fall protection Competent Person Training across Afloat, Ashore, and Aviation environments. Additionally, the secondary instructor's experience is further bolstered by an average of over 1,000 hours per annum in delivering fall protection training. This training encompasses both theoretical and practical aspects, including hands‐on demonstrations, as detailed in Section 3.3 of the PWS. Would this suffice for use as a secondary instructor for the contract?

A: IAW Section 3.2 of the PWS, the instructor must have 10 years of experience in lieu of a degree, having 5 years’ experience will not suffice.

8) Given that all instructional materials developed by the contractor are copyrighted and protected, and acknowledging Section 1.6.17 of the Performance Work Statement which states that 'All contractor‐provided instructional materials supplied to the Government under this contract shall remain the property of the Government,' how will the rights to intellectual property be managed, ensuring that while the materials are provided to students and the Government for the duration of this contract, the contractor retains all intellectual property rights pertaining to the development of these materials?

A: The Government is aware of copy right infringement and will only use and distribute the materials internally within the government for government use. The government will not use, distribute, or duplicate any copyrighted and protected material to any outside third parties, unless required to do so by law, without requesting prior permission from the owner.