Clarification.pdf

Your answers to Questions (second set) really demands that we provide a comment regarding the answer to Question 9 Part a. where the government responds yes to the Question “Will the government require the contractor to submit and attain government approval for all the initial 37.5 positions?” Since the contract comes under the SCA, the winning contractor is obligated under the SCA to provide the right of first refusal to incumbent employees. NIH answer to this Question appears to potential force non-compliance to the SCA by your winning contractor. We feel this is very important because it has material impacts into how we adapt and devise our offering regarding meeting your staffing requirements. Since there is a potential material impact into our proposal response, we would respectfully request a 2 day business day extension for proposal submission (September 10).

The regulations (nondisplacement contract clause at 48 C.F.R. 52.222-17) require that workers on a federal service contract who would otherwise lose their jobs as a result of the completion or expiration of a contract be given the right of first refusal for employment with the successor contractor. Under the regulations, a successor contractor may reduce the size of the workforce, may give first preference to certain of its current employees, and may offer employment to the predecessor’s employees in positions for which they are qualified other than those which they held previously. It is the intent of the Government to ensure adequacy of any proposed staff on the requirement. The deadline date remains September 6, 2013, 3:00 pm est.

Response