31AUG22_QA_02_MEDEVAC_FOR_RFQ_N3220522Q0077.pdf

MILITARY SEALIFT COMMAND

N3220522Q0077

QUESTIONS AND ANSWERS – 02

31 AUGUST 2022

The following are answers to questions received from potential offerors. The answers provide clarification only and DO NOT constitute an amendment to the solicitation.

1. Under GDPR (if a patient is seen within the European Union) and other host nation laws, the contractor will need evidence of the consent of the MSC beneficiary to release medical records from the host nation provider to the contractor and back to MSC. Does MSC have completed consent forms for its sailors that it can share with the contractor post award? Reference: Section 1.6.12

ANSWER: Please find revised PWS Section via Amendment 0002:

Section 1.6.12 File Retention: No, MSC does not have completed consent forms for its sailors that it can share with the Contractor post award. Consent forms for release of medical information, verbal and written, shall be provided by the medical facility under General Data Protection Regulation (GDPR). A copy of the record file shall be forwarded to MSC Medical and protected in accordance with HIPAA privacy rules.

*Blank DD Form 2870 – Authorization For Disclosure of Medical or Dental Information attached via Amendment 0002 as a sample.

2. Does MSC mean, “Maintaining a secured system to allow MSC access to case data…” instead of “case date”? Reference: PSR #4

ANSWER: Yes, a correction has been made to PSR #4 via Amendment 0002.

3. This clause states the offeror is required to “provide complete resumes detailing their qualifications.”

However, both Key Personnel sections (5.2.10 and 5.4) state that credentials, licenses, etc. shall be provided “when requested by the Government.” Can you please clarify what resumes the MSC expects to receive as part of the RFP response process? Medical professionals utilized under this type of contract can vary from call center to call center. Does MSC wish to have a resume for the contractor’s CMO in response to the RFP? Reference: FAR 52.212-1(e)(2)

ANSWER: Please find revised PWS Sections via Amendment 0002:

Section 5.2.10.3: The Contractor shall provide copies of resumes, credentials, and licenses when requested by the Government. The cost of providing such documents shall be borne by the Contractor. The Contractor shall comply with federal and international governmental regulations in regards to privacy and data protection.

Section 5.4.4: The Contractor shall provide copies of resumes, credentials, and licenses, when requested by the Government. The cost of providing such documents shall be borne by the Contractor. The Contractor shall comply with federal and international governmental regulations in regards to privacy and data protection.

Yes, a resume is required for the Offeror’s CMO in response to the RFQ. Further, resumes will be required for the Notional Scenarios.

4. Approximately how many mariners are on each vessel? Reference: None

ANSWER: Based on MSC fleet requirements there are anywhere between 20-157 Mariners per vessel. The potential (not limited) locations for MEDEVACs are listed under Exhibit 4.

5. The plug number is stated at $100K but the language also states it is Not-to-exceed (NTE). A movement from Diego to the U.S. can be more than $100K. Therefore, by accepting an awarded contract is the offeror committing to ensure evacuations do not exceed $100K? Reference: CLIN Table, CLIN 0002

ANSWER: Pursuant to Amendment 0002, the Pricing Worksheet has been revised and incorporates a ceiling for a 5-year ordering period and six-month extension. Pursuant to Amendment 0002, the pricing worksheet has been revised and the Awardee is limited to the ceiling amount.

6. What is the hourly rate for travel supposed to cover? It is not defined in the solicitation. Reference: CLIN Table, CLIN 0003

ANSWER Amendment 0002 shall be issued to reflect – FAR 16.601.

FAR 16.601, Time-and-materials contracts.

(a) Definitions for the purposes of Time-and-Materials Contracts.

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means-

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); and

(4) Applicable indirect costs.

(b) Description. A time-and-materials contract provides for acquiring supplies or services on the basis of-

(1) Direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, and profit; and

(2) Actual cost for materials (except as provided for in 31.205-26(e) and (f)).

Further, the hourly rate for travel is what will be billed by the awardee during execution of the contract for MEDEVAC services and travel in support of these services, if required.

7. Can the Government clarify the quantity used in cells C4 and C15? For example, cell C15 should likely be six because the base contract has units, which equals 60 months (5 years) for 60 vessels so the 6-month extension should be 6 months for 60 vessels. Is this a correct interpretation?

ANSWER: A revised Pricing Worksheet has been incorporated via Amendment 0002. Units for the 5-year ordering period equal 60 months (5 years) for 60 vessels and 6 months for 60 vessels for the 6-month extension.

No formulas are incorporated in cells; Offerors enter unit prices.

8. The Time and Materials Pricing Worksheet calculates a monthly price instead of a 5- year price.

Is that an error, or does MSC want a monthly price quote?

ANSWER: Pursuant to Amendment 0002, the Pricing Worksheet has been revised to reflect a 5-year ordering period and 6-month extension if required.

9. The MEDEVAC Case Fees are broken down into 4 different price points. In order to effectively quote a MEDEVAC Case price, information about the location and destination along with patient condition are required.

May I have historical information to properly provide a quote? Additionally, costs may vary based on fuel pricing along with foreign destination entry costs. Historical data is required to properly provide accurate MEDEVAC Case Quotes.

ANSWER: The MEDEVAC Logistical Handling Fee is a fee that is paid on top of the actual cost of the MEDEVAC service (which is a Time-and-Materials CLIN whereby the Contractor if paid for the actual cost of performance). The 3 tiered approach provided different fees based on the complexity of the MEDEVAC under the assumption that the more complex MEDEVACs are the most costly.

Please note that the Pricing Worksheet has been revised via Amendment 0002. Historical information in reference to the MEDEVAC Case Fees/Locations are located in the PWS under the following:

TECHNICAL EXHIBIT 5

HISTORICAL MEDEVAC DATA

10. The Time and Materials Pricing Worksheet indicates that there will be one MEDEVAC per month, but the listing only indicates 1- per year. Which is correct?

ANSWER: Pricing Worksheet has been revised and only reflects the Time-and-Materials ceiling, 60 months over a 5-year period, to include a 6-month extension if required. Please find revised Pricing Worksheet incorporated via Amendment 0002.

11. Our biggest concern regarding the LPTA approach taken by the government is that it while the Hourly Labor Rate for Travel (CLIN 0003) is not evaluated for pricing purposes it leaves the offeror/contractor significant risk in pricing this hourly rate. In order to propose a reasonable risk-free T&M rate one must consider an evacuation from anywhere in the world to anywhere in the world with a patient in the most critical but fit-to-fly condition. This is a very costly and risky pricing model which is not utilized on overseas contracts because of the geographic distances that must be covered and the complexity of evacuations. Therefore, we kindly request that this CLIN be converted to a cost reimbursable CLIN with a plug number wherein the successful contractor can present quotations at the time of an evacuation need for the government to consider all issues pertaining to the movement and make a financially reasonable and tax-payer beneficial decision. Without this approach the solicitation process is flawed because while not part of the evaluated price, MSC will be bound to the hourly rate upon award.

We are unclear on how this critical element will be considered on a non-price but technical basis.

Moreover, the government, through the NDAA 2017, specifically identified that procurement officials should avoid LPTA solicitations when, “(3) knowledge-based training or logistics services in contingency operations or other operations outside of the United States…” are considered. We believe that the services being solicited are primarily in support of operations outside the United States and therefore should be excluded from LPTA evaluations.

ANSWER: Time-and-Materials ceiling for MEDEVAC Services and Pricing Worksheet revised have been revised via Amendment 0002.

Per the revised Pricing Worksheet, the hourly labor rate for travel will be included in the price evaluation; it will not be considered on a non-price or technical basis. Upon award, this rate will be billed along with the materials (or other costs) incurred by the Awardee during the execution of the MEDEVAC service. The ceiling provided is an estimated plug number used to keep all Offerors on an even playing field for the purpose of proposal submission.

The Government does not consider the preponderance of this requirement to fit the definition referenced above.

Additionally, the Government has determined that the benefits for the use of a different source selection process were not met for this requirement.

12. How many of the medical advice scenarios envisioned by PWS sections 5.2.1 and 5.2.3 have been historically on-ship versus requests for ashore advice? We assume this information is available based on the historical encounter reports received.

ANSWER: This section is designed to give an overview of what kinds of calls the call center might get from the ship. Historical data is incorporated under Technical Exhibit 3 – Estimated Workload Data, which has been 100% afloat; 450 calls are estimated per year.

13. If our suggestion referenced above related to the T&M rate (CLIN 0003) for the evacuation fees is not accepted, can you please advise a ceiling value for this CLIN as that is required by FAR 16.601?

ANSWER: Please find Amendment 0002; Pricing Worksheet has been revised. T&M ceiling for (CLIN 0002) MEDEVAC Services 5-year ordering period is $5,000.000.00; and T&M ceiling for (CLIN 1002) MEDEVAC Services 6-month extension is $750,000.00.

14. Can the government please provide an additional seven-day extension for the submission of proposals?

ANSWER: No, Current Date Offers Due has been extended to September 07, 2022 at 03:00 PM EDT.