QUESTIONS AND ANSWERS-N32205-21-R-4124-P00001-FINAL.pdf

QUESTIONS AND ANSWERS FROM THE CONTRACTOR

1. On the following tasks, the RFP provides the number of days by hull class for the following operations:

a. Task 01, page 7:

Based on our experience, we recommend creating a third category of 5 workdays as follows:

(a) AK-5158, ATF, ARS, AGOS, AGM, AGS - 2 workdays

(b) AO, AOT, AS, AVB, AFSB, LCC 3 workdays

(c) AOE, AH, AK, ESB, ESD, LPD, AKE, AKR, HST (twin hull / 4 waterjets), EPD (listed in pricing sheets as twin hull / 4 Waterjets) – 5 workdays.

b. Task 02, page 8:

Based on our experience, we recommend moving the HST hull to the category of 5 workdays as shown below:

(a) AK-5158, ATF, ARS, AGOS, AGM, AGS, AO, AOE, AOT, AS, AVB, AFSB, AH, AK, ASB, ESB, ESD, LCC, LPD, AKE, AKR, and all other ships not listed 2 workdays.

(b) EPF, HST - 5 workdays

Answer: After further review, the Government agrees with the recommended changes, especially with the EPF and HST hulls. They are problematic at best.

2. The RFP used the abbreviation of “TO” in several places. Can you confirm if this stands for

“Technical Officer”, “Task Order”, or both?

Answer: “TO” stands for task order.

3. Task 15 and Task 16. Page 10/72: Please confirm these tasks are intended to be used to augment a dive crew already engaged in tasking and NOT utilized to call out a single diver or tender.

Answer: The Government can confirm the intent was not to send a single diver, but to augment a Task already assigned as stated.

4. We do not see any reference to tasking for Premium Time. We request these be added to allow, with approval, contractor to be reimbursed for these charges in specified instances. We will provide sample language if requested.

Answer: Feel free to add premium time rates to the pricing excel sheet. For the most part, the

Government’s intent and the goal is to provide well-defined PWS’s at the task order and will be firm-fixed price only. The only time costs will be reimbursed is in the unlikely situation that the

Government decides to utilize Time-and-materials at the task order level. MSC very seldom makes use of this type of contract vehicle. If Time-and-materials is utilized, instructions will be provided at the task order level on how the contractor will be reimbursed for charges. Most, if not all, task orders will be firm-fixed price type contracts, and reimbursables will not be allowable, except in rare instances when extraordinary circumstances may justify an equitable adjustment.

5. We do not see a reference to tasking for STANDBY / DELAY time. We request these be added to allow, with approval, contractor to be reimbursed for charges in specified instances and limited charges per day. (Delay Time is the event an operation is temporarily delayed or suspended by another government activity and Standby Time in the event a crew is asked to remain on site with no available work). We can provide sample language if requested.

Answer: The Government will not pay for Standby or Delay time. If you encounter any delays, you will be instructed to contact the Contracting Officer and the COR immediately. From there, the Government will make a decision whether to allow the contractor to stay or leave the site, and make a decision on and discuss if an equitable adjustment needs to be made to the task order due to any delays or suspensions.

6. Section 4.0 Deliverables, Page 12/72. Please confirm the list of two deliverables on page 12, Section 4.0 is complete.

Answer: The list is currently complete. However, the Government reserves the right to include additional deliverables to be evaluated for performance compliance in each task/delivery order issued. Please see section 8.7 of the PWS.

7. Section 8.7 REQUIRED STANDARD OF WORKMANSHIP/PERFOMANCE STANDARDS, Page 16/72, Language in “Rating Notes” column calls for a deduction of 1-2% per business day up to 10% if tasks are not completed within the time prescribed in paragraph 3.0. We request language be added to include relief from government caused delays OR events out of the contractor’s control. See question #5 above.

Answer: The following language has been added to section 8.7:

*Note: Reports are not counted as late when, on a case by case basis, the COR approves a later report submission.

*Note: When feasible, the contractor will be required to re-perform failed service immediately at no additional cost to the Government; however the non-conforming performance is still documented.

*Note: The Government reserves the right to include additional deliverables to be evaluated for performance compliance in each task/delivery order issued.

Excusable Delays: Disincentives may be disregarded in the event an excusable non-performance occurs. Excusable non performances include inability to perform services due to circumstances beyond the control of the contractor. For example: Act of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, base closure, code red, utility outage, or vandalism.

8. Section 8.9 LABOR Rates, Page 18/72. The language in this section states “Specific task orders may be bound by the Service Contract Labor Standards and its associated Wage Determination if applicable.” (52.22-41 Service Contract Labor Standards clause is listed on page 61/72). Please confirm the DOL Wage Determination WD 2004-0047 as of 12/21/20, and WD 07-0134 as of

12/21/20 are applicable for this contract.

Language on page 65 “52.222-42 Statement of Equivalent Rates for Federal Hires” state that this information “IS NOT A WAGE DETERMINATION” but the amounts appear to be from a different and superseded WD? See also Cert/Rep from 52.222-52, Page 66/72. We request clarification.

Answer: DOL Wage Determination WD 2004-0047 as of 12/21/20, and WD 07-0134 as of

12/21/20 are applicable for this contract unless you request to be exempt from the Service

Contract Act in accordance with FAR 52.222-53, subject to the KO’s determination.

In regards to 52.222-42, this is information that we have to input and is for informational purposes only. The information presented is just explaining what a Government agency would pay an individual with this skillset if the individual was employed by the Federal Government in a specific location. You are not required to provide anything for this section.

9. Section 8.10 Travel, page 18/72 – need clarification on task 20 language CONUS and OCONUS.

a. Task 20 (page 11/72) heading is CONUS Mobilization and Demobilization.

i. We understand the language address mobilization and demobilization costs expressed in a per mile charge, but we need clarification on the language referencing “costs…will be in accordance with GSA JTR.”

ii.Under sub heading Overseas Travel, please clarify language that states “All travel expenses will be firm fixed price at the task order level in accordance with the

Joint Travel Regulations, GSA, etc.”. Since Travel expenses vary can you clarify the intent of “Firm Fixed Price at the task order level” is consistent with the language at Section 8.10, Page 18/72?

iii. We suggest adding another Task Line item intended specifically for the billing of consumables separate from the Task 20 travel / subsistence costs charged on a per mile basis.

Answer: The language stating, “costs…will be in accordance with GSA JTR” was intended to communicate a reference standard for travel costs the Government would consider fair and reasonable regarding per diem, lodging, airfare, etc. This statement is really referring to section

8.10 and will be removed from Task 20 in the PWS.

The same refers to the language under subheading Overseas Travel. This language will be removed.

As stated before, the goal is for most of the requirements to be firm-fixed and will contain

PWS’s that are well-defined. Consumables and subsistence costs will be determined fair and reasonable at the task order level.

10. Has the Contracting Officer determined that all or nearly all offerors meet the conditions for exemption from the Service Contract Labor Standards set forth in paragraphs

(d)(2)(ii) through (vi) of FAR 22.1003-4 and/or 29 CFR 4.123(e)(2)(ii)?

Please confirm that the Contracting Officer has determined that no Department of Labor wage determinations apply to this Solicitation.

Does the incumbent prime contractor pay wages under the current contract to employees who are subject to (i) a collective bargaining agreement; or (ii) a Department of Labor wage determination? If the answer to either of the foregoing is "yes," please publish a copy of the rates required under the collective bargaining agreement and/or the wage determination.

Answer: DOL Wage Determination WD 2004-0047 as of 12/21/20, and WD 07-0134 as of 12/21/20 are applicable for this contract unless you request to be exempt from the

Service Contract Act in accordance with FAR 52.222-53, subject to the KO’s determination.