Questions and Answers Rev 6.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.

9) For the Competent Person Fall Protection (CPFP) Training Courses, are you willing to separate CONUS and OCUNUS requirements? We were just curious if we could just bid on the CONUS needs.

A: IAW with the solicitation, the Government intends to solicit and award a single‐award Indefinite‐Delivery, Indefinite‐Quantity type contract. The Government does not anticipate awarding split awards at this time.

10) I understand students are not required to bring their own PPE, and instructors will inspect any student‐provided equipment for serviceability prior to use. However, I would like to address some logistical challenges this policy presents, particularly regarding the provision of PPE for students who do not bring their own. As you know, ensuring every student is equipped with proper and serviceable PPE is crucial for the safety and effectiveness of the training. In addition, in order to meet the ANSI Z490.1 training standard there needs to be an “observation of performance”, which would require that each student demonstrate to the instructor their proficiency with using their assigned PPE while being trained. Here are the key points of concern:

a. Availability and Variety of PPE: Our training encompasses various activities requiring different types of PPE as indicated in Appendix A. It's challenging to anticipate and provide a comprehensive range of equipment that accommodates all possible needs and sizes for each session.

b. Transportation and Handling: Carrying an extensive inventory of PPE to each training location poses logistical challenges. This includes ensuring the safe transport of equipment, timely setup, and subsequent repacking and transportation to the next venue.

c. Maintenance and Inspection: Consistent use of PPE by multiple individuals necessitates rigorous maintenance and inspection protocols. Ensuring that each piece of equipment is in optimal condition and safe for use requires significant time and resources.

d. Training Specificity: Training with the specific PPE that a student will use in their daily work can be highly beneficial. Familiarity with their equipment can enhance safety and efficiency in real‐world applications.

e. Cost Implications: Procuring, maintaining, and transporting PPE for training purposes entails considerable costs, which might affect the overall budget for the training programs.

Given these factors, could the Government revisit this PPE policy? While we can continue to provide PPE for those who do not have their own, perhaps we can encourage students more strongly to bring personal equipment when possible. This approach could help mitigate some of the logistical challenges while ensuring that each participant is familiar with their own gear.

A: The government will issue contractors two (2) rescue kits IAW the PWS. These kits have been issued throughout the Navy by the Naval Safety Command to ensure one standard is maintained throughout the Fleet. The government will encourage students to bring assigned PPE to class.

The government will not change the standard pertaining to cost of shipping training material.

The contractor shall be responsible to pay for shipping training material.

11) Reference: PWS; Section 1.1. Description of Services references Attachment 8 for Afloat Fall Protection Rescue Kits. Attachment 8 is Past Performance Information Form.

Q: Can the government please provide associated attachment for the Afloat Fall Protection Rescue Kits?

A: See PWS Rev. 2, and attachments X and XII.

12) Reference: SECTION 11. APPLICABILITY: Each contractor employee providing services at a Navy Command under this contract is required to obtain a Department of Defense Common Access Card (DoD CAC).

DURATION OF CONTRACT PERIOD: … Performance under task orders issued under this contract may begin 10 days after the effective date of the contract.

1.6.11 LOCAL COURSE COORDINATOR (LCC): The LCC is the liaison between the contractor and the COR/CS at the training site. The LCC will identify the training room, coordinate the field exercise, arrange audio‐visual equipment (if available) and may act as the receiving agent for items shipped to the training site. The LCC will be identified in each task order.

Q: The CAC issuance process can be time encumbered due to numerous factors within the issuance process that are outside of the control of the contractor. This process cannot be initiated until contract award as DoD Contractor ID cards are linked to the specified contract and sponsor. While many contractors are often retired, reservists, or have a similar ID Card as a veteran, it is a violation of DoD Instruction 1000.13 for personnel with these CACs to utilize them for commercial gain, i.e. represent themself as a contractor. (Separate CAC issuance policies exist requiring the reinitiation of background checks, etc. when performing work as a contractor on federal installations). Additionally, there are often escort restrictions preventing one CAC‐issued contractor from escorting a non‐CAC issued contractor on federal installations.

During the CAC issuance process, will the LCC also serve as the local site sponsor and escort during these initial courses? Section 11 of the PWS “Access to Federal Facilities” references in‐ processing and out‐processing with the Command’s Security Manager. Will the Security Manager serve in this capacity as the escort if not the LCC?

A: Classes taught in Norfolk VA, the LCC/CS will escort during the initial courses or meet with the instructor at Pass & ID the morning of the class to get a weeklong pass for the instructor. If the instructor is located at a location other than Norfolk, the POC at the training site will escort the instructor daily to and from the classroom.

13) Reference: 2.1.2 Definitions Training Equipment is material that OSH and environmental professionals may encounter in the performance of their duties, i.e., respirators, monitoring equipment, protective clothing, etc. The contractor shall provide all training equipment listed as ATTACHMENT 5 REV 4 ‐ HK 2 1HARNESS ASSY AEL BC 20120112, ATTACHMENT 6 SURFACE SHIP HARNESSES 2‐330023058 JUL2020, and ATTACHMENT 7 SURFACE SHIP HARNESSES 2‐

330023059 JUL2020.

Q A: Can the Government please provide ATTACHMENT 5 REV 4 ‐ HK 2 1HARNESS ASSY AEL BC 20120112, ATTACHMENT 6 SURFACE SHIP HARNESSES 2‐330023058 JUL2020, and

ATTACHMENT 7 SURFACE SHIP HARNESSES 2‐330023059 JUL2020?

A: See PWS Rev. 2 and Attachment XI.

14) If the equipment referenced in the answers to Question 1 above is obsolete, can the government provide a current equipment list?

See question 13.

15) The associated description appears to be limited to the AFLOAT aspect of the training program; can the government please provide a detailed list of the equipment requirements for the Ashore and Aviation aspects of the program?

A: The equipment used for training was provided from the Naval Safety Command, NSC purchased the same equipment for the entire Fleet. From previous experience, the organization prefers to use their own fall protection gear. The command will be encouraged to bring and use their issued equipment.

16) Reference 1.6.16 Shipment of Course Material: The contractor shall be required to ship training aids and instructional material to training locations. There is no separate reimbursement for shipping costs. The following is a representative example of course‐related shipments and provided for informational purposes only: (4 packages of Student Course Material Hands‐on Demonstration Equipment Instructor files at 100 lbs each.)

Q: Can the government define the expectations for equipment‐per‐student; i.e. how many student fall protection harnesses, helmets, and associated climbing gear components should be required? For example, the topic of “rescue” is quite broad and the COTS solutions to this requirement are quite extensive.

A: Each class holds 25 students max, based on different body sizes the contractor will have to evaluate the classroom to determine how much equipment they must bring. The government will encourage student to bring personal equipment but the contract must have enough to accommodate the classroom.

17) Reference: Section 1.1 of the PWS ‐ “two Afloat Fall Protection Rescue Kits” will be provided by the government to satisfy the “afloat” portion of training. Section 2.1.2 also states they are 100 lbs each.

Q: Is this weight accounted for in the estimated 400 lbs as provided in the solicitation 1.6.16 or is this 200 lbs (rescue equipment) in addition to the other 400 lbs? Can the Government please specify what other rescue kits will be required of the contractor to provide to satisfy the “ashore” and/or “aviation” components? If this is left up to the discretion of the contractor and not defined by the government, the Knowledge/ Skills/ and Abilities associated with the life‐saving aspect of training will likely to be significantly compromised and short‐cut in an attempt to reduce costs.

A: The Government used the Rollgliss R550 offers the choice of controlled descent rescue, evacuation or the versatility of assisted rescue with lifting capabilities. This state‐of‐the‐art, fully automatic controlled descent device can be used for rescue and evacuation from heights up to 1,640 ft. (500m) for one user 310 lbs. (141kg) or 575 ft. (175m) for two users totaling 620 lbs.

(282kg).

18) Reference: COMBINED SYNOPSIS/SOLICITATION shows a CLIN Table / Pricing Table depicting 2 CLINS; one for the Competent Person Fall Protection Courses and one for Travel. The PWS and Pricing Spreadsheet attachment includes a requirement for a “Virtual Course”.

Q: Does the government desire separate pricing for the Virtual Course?

18)A: Yes, the government requires separate pricing for virtual courses. IAW the instructions to offers, “Offerors shall complete Attachment I, to include the Offeror’s proposed unit price for in‐ person and virtual classes, for the specified performance periods. The Firm‐Fixed Price rates submitted in this Attachment will be incorporated into the resultant contract for orders placed against the max ceiling amount.” The max ceiling amount for each CLIN is detailed within the combined synopsis/solicitation.

19) Q: Upon reviewing the document, I noticed an inconsistency concerning the maximum contract amount. The Max Ceiling for CLIN 0001 is listed as $4,893,045. However, in the List of Clauses Provisions Amendments (page 64), under the section "Minimum and Maximum Quantities (FFP, Single Award IDIQ) (Sept 2015)", the contract's maximum quantity is indicated as $7,485,258. Could you kindly provide clarification on which of these figures represents the correct "not to exceed" or "ceiling amount" for this contract? This information is crucial for our planning and compliance.

A: The Max Ceiling for CLIN 0001 is $4,893,045.00 as stated in the combined synopsis/solicitation and the List of Clauses and Provisions. The $7,485,258 listed under “Minimum and Maximum Quantities (FFP, Single Award IDIQ) (Sept 2015)", is the estimated maximum for the entire base period inclusive of CLIN 0001 and 0002 (travel CLIN). The estimated travel amounts are provided under ADDENDUM FAR 52.212‐1.

20) It looks like the updated requirement is the clarification to enter the per class price in the "Unit Price" column of the Pricing spreadsheet (vs. the total max ceiling). Can you confirm that this is the updated requirement?

Amendment 0004 updates the closing date and Attachment I (ADDENDUM FAR 52.212‐1, INSTRUCTIONS TO OFFERORS‐COMMERCIAL ITEMS). Changes are outlined in red. IAW the solicitation, the proposed unit prices in Attachment I‐Pricing Spreadsheet shall be the price per course and offerors should not put in the total max ceiling as a unit price.