LARC III RFP Amendment No. 1_9_12_2012.pdf

AM ENDM ENT OF SOLICITATION/ M ODIFICATION OF CONTRACT

1 . CONTRACT ID NO. PA GE O F PA GES

2 . AM ENDM ENT/M ODIFICATION NO. 3 . EFFEC TIV E DA TE 4 . REQUISITION/PURCHA SE REQ. NO. 5 . PROJECT NO. (if app licable)

One (1) Sep. 12, 2012 Not Applicable

6 . ISSUED BY CODE 7 . A D M IN IS T ERED BY (if ot her t han It em 6 ) CODE

National Institutes of Health Office of Logistics and Acquisitions Operations - OA 6011 Executive Blvd., Room 529-X, MSC 7663 Bethesda, MD 20892-7663

8 . NA M E AND A DD RESS O F CO NT RA CT OR (No. , st reet, cou nt y, St at e and ZIP Code) (T ) 9 A . AM ENDM ENT OF SOLICITATION NO.

Recipients of RFP NIHOD2012317, Technical and Logistical Support for NIH Laboratory Animal Research, LARC III T

NIHOD2012317

9 B. DATED (S EE IT EM 1 3 )

August 29, 2012

1 0 A . M ODIFICA TION OF

CONTRA CT/ORDER NO.

1 0 B. DATED (S EE IT EM 1 3 )

CODE FACIL ITY CODE

11 . THIS ITEM A PPLIES TO AM ENDM ENTS OF SOLICITATIONS

T The abov e num be red so lic it at ion i s am ended as set f or t h in It em 1 4 . T he ho ur and d at e sp ec if ied f or rec eip t of of f ers ______ is ex t ended, ___T___ is not extended.

Of ferors m ust ackno w ledge receipt of th is amend m ent prior to th e hour and dat e specif ied in the solicit ation or as amend ed, by one of th e follow ing m eth ods:

(a) By com plet ing Items 8 and 15 and return ing ON E (1) copies of the amendment . b) By acknow ledging receipt o f th is amendm ent on each copy of t he of fer submi t t ed; or

(c ) By separat e let t er or t eleg ram w hic h in c lu des a ref eren ce t o t he solic it at io n an d am en dm en t num bers. FA ILURE OF Y OUR A CKNOW LED GM ENT TO BE RECEIV ED A T THE

PLAC E DESIGNA TED FOR RECEIPT OF OFFERS PRIOR TO T HE HOU R AN D D A TE SPECIFIED M A Y RESULT IN REJECTION OF YOU R OFFER. If b y v irtu e of t his am endm ent yo u de sire t o c han ge an of f er already sub m it t ed, suc h c han ge m ay be m ade b y t elegram or let t er, p rov ided each t elegram or let t er m akes ref erenc e t o t he so licit at ion and t his amendment , and is received pr ior to the opening hour and date specif ied.

1 2 . ACCOUNTING AND APPROPRIATION DATA ( if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A . TH IS CHA NGE ORDER IS ISSUED PURSUANT TO: (Spec if y authori ty) THE CHA NGES SET FORTH IN ITEM 1 4 A RE M ADE IN THE CONTRACT ORDER NO. IN ITEM 1 0 A .

B. THE A BOVE NUM BERED CONTRA CT/ORDER IS M ODIFIED TO REFLECT THE A DM IN ISTRA TIV E CH A NGES (such as changes in pay ing of f ice, appropriat ion data, etc . )

SET FORTH IN IT EM 1 4 , PURS UA NT TO TH E AU TH ORIT Y O F FA R 4 3 .1 0 3 (b).

C. THIS S UPPLEM ENT A L A GREEM ENT IS EN TERED IN TO PU RSU A NT TO A UTHORITY OF:

D. OT HER (S p ec if y t y p e o f m o d if i c at i on an d au t h or it y )

E. IM PORTANT: Contractor is n ot , X is required t o sign t his do cu m ent and ret urn 1 co pies t o t he issuin g of f ice.

1 4 . DESCRIPTION OF AM ENDM ENT/M ODIFICATION (Organized by UCF sect ion headings, inc lud ing so lic ita t ion/contract subject m at ter w here feas ible. )

Clarifications, revisions, and answers to questions are provided in this amendment No. 1.

Except as p rov ided herein , a ll terms and condi t ions o f the document refe renced in Item 9 A or 10 A, as hereto fo re changed, remains unchanged and in fu l l fo rce and e f fec t .

1 5 A . NA M E AND TIT LE OF SIG NER (Type or pr in t ) 1 6 A . NA M E AND TIT LE OF CO NT RA CT ING OFFICER (Type or pr in t )

William Bartelmes, Contracting Officer, OA-OLAO

1 5 B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 1 6 B. UNIT ED STA TES OF A M ERICA 1 6 C. DA TE SIGN ED

BY

(Signature of person author ized to s ign. ) (Signat ure of Con t ract ing Of f icer)

N SN 75 4 0 -0 1 -1 5 2 -8 0 7 0 3 0 -1 0 5 ST AND ARD FO RM 3 0 (REV. 1 0 -8 3 )

PREVIOUS EDITION UN USA BLE Prescr ibed by GSA

FAR (48 CFR) 53 .24 3

RFP No. NIHOD2012317

Am endment No. 1

Clarifications and Revisions:

1. Section J, Attachment entitled, “Technical Proposal Cost Summ ary” has been removed and any reference to this attachment is deleted.

2. Section L, Paragraph G, Cost-Plus-Award-Fee (CPAF) is deleted.

3. Article H.4, Animal W elfare, paragraph 2, “In addition, the research involving live vertebrate animals shall be conducted in accordance with the description set forth in the Vertebrate Animal Section (VAS) of the contractor's technical proposal, as modified in the Final Proposal Revision (FPR), dated , which is incorporated by reference.” is deleted.

4. Attachm ent 11, Certificate of Current Cost or Pricing Data, is rem oved and any reference to this attachment is deleted.

5. Section L, 2.a.5.d (Specific Experience) at page 53 is revised to state the following:

The Offeror shall identify a maximum of 5 recently completed (within the past 36 months) or ongoing contract or task orders for animal care facilities which are similar in nature to the solicitation's scope of work. Prior to inclusion, offerors shall ensure that the experience is pertinent and is re levant to th is project and your proposed approach. Include only that experience that supports the scope of the project as you perceive it. Experience listed may include work performed for the Federal Governm ent, agencies of State and Local Governments, academia and comm ercial customers. Offerors may also subm it past performance information regarding predecessor com panies, key personnel who have relevant experience or subcontractors that will perform m ajor or critical aspects of the requirement when such inform ation is relevant to the instant acquisition. For the purposes of th is solicitation, a

“major subcontract” is defined as total value over $500,000.00. For each contract or task order the following information shall be provided:

1. T itle

2. Name of Contracting Organization

3. Contract Number (for subcontracts, provide the prime contract number and the subcontract number)

4. Contract Type

5. Contract Duration (Start and Completion Dates)

5. Total Contract Value

6. North American Industry Classification System (NAICS) Code

7. Names, addresses and telephone numbers of Contracting Officer and

Project Officer

8. Site Location

9. Contract Summary including:

(a) A descriptive overview of the contract scope and accomplishm ents

(b) Number of staff positions on the contract/task order

(c) Information on problems encountered on the contract and corrective action taken to resolve those problems

6. Section L, 2.a.11(Past Performance Information) at page 57 is revised to state the following:

a. Offerors shall subm it the following information as part of their Technical proposal. A list of the last 5

(maximum) contracts com pleted during the past 36 months and ALL CONTRACTS or task orders currently being performed that are similar in nature to the solicitation workscope. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and comm ercial concerns. Offerors may also submit past performance information regarding predecessor companies, key personnel who have relevant experience or subcontractors that will perform m ajor or critical aspects of the requirement when such information is relevant to the instant acquisition. For the purposes of this solicitation, a "major subcontract" is defined as total value over $500.000.00.

Include the following information for each contract or subcontract listed:

1. T itle

2. Name of Contracting Organization

3. Contract Number (for subcontracts, provide the prime contract number and the subcontract number)

4. Contract Type

5. Contract Duration (Start and Completion Dates)

5. Total Contract Value

6. North American Industry Classification System (NAICS) Code

7. Names, addresses and telephone numbers of Contracting Officer and

Project Officer

8. Site Location

9. Contract Summary including:

(a) A descriptive overview of the contract scope and accomplishm ents

(b) Number of staff positions on the contract/task order

(c) Information on problems encountered on the contract and corrective action taken to resolve those problems

b. The Government is not required to contact all references provided by the offeror. Also, references other than those identified by the offeror may be contacted by the Governm ent to obtain additional information that will be used in the evaluation of the offeror's past performance.

6. Additional questions will be entertained. The questions must be submitted in writing, and received by the Contract Specialist (Kathleen M. Kathman) no later than 4:00 pm on September 19, 2012.

Questions may be submitted via email to kathm ank@ od.nih.gov. Answers will be provide in a subsequent Amendment.

7. The Disclosure of Lobbying Activities form m ay be found at http://rcb.cancer.gov/rcb-internet/forms/sflllin.pdf.

8. No additional points will be given to proposals which are submitted in hard cover, 3-ring binders.

9. The Pre-Proposal Conference Sign-in Sheet is attached to this Amendment as RFP Amendm ent No. 1

Attachment 1.

Answers to Questions:

mailto:kathmank@od.nih.gov.

http://rcb.cancer.gov/rcb-internet/forms/sflllin.pdf.

Q 1: There is no clear directive as to pricing, such as structure and formatting. Can the government provide more guidance as to how they want our pric ing to be submitted? Are we required to provide fu lly burdened rates, which would include the labor rate, Fringe, G&A and fee/profit? Will the government provide a sample task order to base our pricing?

A.1: Labor categories and pricing for all 5 years must be subm itted. Offerors are required to provide fully burdened rates to include labor rate, fringe, G&A and fee/profit. A sample task order will not be provided.

Q. 2: RFP, Section F, Page 9, FAR Clause 52.211-11. Liquidated Damages-Supplies, Services or

Research and Development (April 1984). W hat is the basis for including the Liquidated Damages provision in the solicitation? What will the Government’s basis be for establishing these Liquidated

Damages amounts??

A.2: Liquidated Damages are applicable If time and delivery is so important that the government could suffer damage and the extent or am ount of damage is diff icult to ascertain or prove. They will be based on actual or anticipated harm caused by the contract breach, and will be stated at the TORFP level.

Q. 3: RFP Section L, Page 45, paragraphs b. and c. The RFP identifies SDB and SDVOSB set-asides for

Task Orders, and indicates there will be approximately 4 Task orders set-aside for each. However, nothing in the RFP identifies how many contractors will receive award for the Contract. How many total contracts does the government anticipate awarding?

A.3: It is not known how many contracts will be awarded.

Q. 4: RFP Section L, Page 49, Paragraph g. Cost P lus Award Fee (CPAF) is included in this contract. How would the government like us to price this award fee within our pricing?

A.4: This paragraph has been deleted from the Solicitation.

Q. 5: RFP Section L, Page 50, Paragraph 2. Instructions To Offerors, begins with a subparagraph ‘a.

General Instructions’, which runs into Page 58. On Page 58, the next subparagraph is ‘c. Business

Proposal Instructions’. Is there a subparagraph ‘b’ missing?.

A.5: There is no subparagraph b. The numbering of these paragraphs was in error.

Q. 6: RFP Section L, Page 53, Paragraph. 5.D. provides a list of information required for each contract to be identified in Specific Experience which is somewhat different than the list of information designated on pages 57 and 58, Paragraph 11. Past Performance Information for contracts identified in that section. For example, Page 53 requires the number of staff positions on the contract/task order and

Pages 57 and 58 requires NAICS code. Please clarify as to which instructions apply.

A.6: See Clarifications 5 & 6 above.

Q. 7: RFP Section L, Page 61, Paragraph 6. Extent of Small disadvantaged Business Participation indicates that the Small Disadvantaged Business Participation goal for the applicable NAICS sector for this RFP would be found at the Department of Commerce website. However, it then states that the percentages shown at that website are no longer applicable. W hat is the NIH minim um goal for Small

Disadvantaged Business Participation for this solicitation?

A.7: Offerors should be use the total estimated cost of the contract (in this case, the programm atic ceiling) when calculating the subcontracting amounts and percentages under their plan.

Q. 8: RFP Section L, Page 65, paragraph 4. Qualifications of the Offeror, begins and is followed by paragraph 5., 6., and 7. on pages 66 and 67. These appear to be out of sequence to previous paragraphs, especially paragraph 8. Other Adm inistrative Data which starts on page 63 and runs to page 65. Please clarify.

A.8: This was in error. Paragraphs 4, 5, 6, & 7 should be numbered 9, 10, et seq.

Q. 9: Attachment 3, Statement of work, Page 5 paragraph 1. “If an individual is placed in a job category for which he/she is not qualified or skilled, the employee will be invoiced at a discounted rate (no less than 80% of the current billing rate for the position)”, does this apply to the incumbent staff?

A.9: Yes, this applies to incum bent staff.

Q. 10: Attachment 3, Statement of work, Page 5: paragraph 3. Special Needs Volunteer Initiative, Is there a specific organization or company that the government intends to utilize for this purpose?

A.10: Please see Attachment B to the SOW.

Q. 11: Section L.2.a.5.C.(D) [page 53] says provide 10 maximum previous/current contracts, whereas

Section L.2.a.11 [page 57] says to provide 5 maxim um previous/current contracts. Please indicate which guidance requirement is correct.

A.11: See Clarifications 5 & 6 above.

Q. 12: “Packaging and Delivery of Proposals” sheet lists two different cities for sam e address. Hand delivery lists Rockville , MD. U. S Postal Service Delivery lists Bethesda, MD. Please indicate which city is accurate.

A.12: Both addresses are correct. Please pay close attention to the address you will be using based on whether proposals are hand delivered by a courier or mailed via the USPS to ensure timely delivery.

Q. 13: Regarding SOW Attachment A, Labor Categories

Project Manager II, Level I qualifications lists a “BS degree in biology, animal science, or similar discipline; can substitute LATG and CMAR certification in lieu of BS degree”.

Please c larify if the requirem ent requires BOTH LATG and CMAR in lieu of BS.

A.13: The requirement requires both LATG and CMAR in lieu of a BS degree.

Q. 14: The RFP is not c lear in presenting the type of contract(s) to be awarded.

Pg 7 states contract type may be Fixed Price, Time and Materials, Cost Reimbursement, etc., and

FAR clauses related to these various contract types are included in the RFP.

Pg 13 references, under Article G.4, Invoice Subm ission, instructions relative to NIH Cost-

Reimbursement Type Contracts NIH(RC)-1.

Pg 46, e.2 notes that “It is anticipated that the award(s) from this solicitation will be a multiple-year

Fixed-Price/Time & Materials type contract with a Period of Performance of 5 years, and that incremental funding will be used (See Section L.2.c. Business Proposal Instructions).”

Pg 51 “Contract Type and General Clauses” states that “it is contemplated that a fixed price/time and materials type contract will be awarded”.

Pg 64, d. Adequate Accounting System , states that “As stated in Section L.1., General Instructions of this solicitation, the resultant contract will not be Firm-Fixed Price.”

W e acknowledge that the type of contract will be determined at the Task Order (TO) level. For the purposes of the LARC III proposal, is it acceptable to assume a Time and Materials contract type and present pricing as Time and Materials/hourly billing rates for each year of the contract?

A.14: Yes, it is acceptable to assume a Time and Materials contract type and present pricing as Time and Materials/hourly billing rates for each year of the contract.

Q. 15: Pg 52 of the RFP states that “the technical proposal must include direct cost and resources information, such as labor-hours and categories and applicable rates, materials, subcontracts, travel, etc., and associated costs so that the offeror's understanding of the project may be evaluated (See

SECTION J, Attachment entitled, TECHNICAL PROPOSAL COST SUMMARY.).” However, the

Technical Proposal Cost Summary is not included in the list of attachments, and there is no definitive scope of work that would allow the offeror to estimate labor hours, m aterials, etc. W e assum e that th is requirement is not applicable to this RFP.

Please confirm that no cost inform ation is required in the technical proposal.

A.15: No cost information is required. Please see clarification 1, above.

Q.16: Regarding Performance Based Acquisitions

Pg 49, g references a Cost-Plus-Award-Fee (CPAF) contract for performance based acquisitions.

Cost-Plus-Award-Fee (CPAF): The CPAF contract includes an estimated cost and an award fee amount that is pa id based upon periodic evaluations of Contractor performance. The Quality

Assurance Surveillance Plan (QASP), included as an attachment to TORFP(s) sets forth all the elements required for evaluation and determination of the award fee amount. The award fee determination is made unilaterally by the Government and is not subject to Disputes clause procedures.

Per question above regarding contract type, please confirm that this will be a Time and Materials or

Fixed Price contract, and that this is not a CPAF contract type.

In addition, will there be a performance based award for all contracts, or will this be determined at the

TO level?

A.16: This paragraph has been stricken from the RFP. See Clarification 2, above.

Performance based awards will be determined at the TORFP level.

Q. 17: Section K, Representations and Certifications, #5 is Certification of Institutional Policy on Financial

Conflicts of Interest, which applies to R&D contracts except “contracts with federal agencies”. Please confirm that this is not an R&D contract.

A.17: This is not an R & D contract.

Q.18: Vertebrate Animal Section (VAS) Worksheet

Page 16, Artic le H.4, Anim al W elfare, states that “the research involving live vertebrate animals shall be conducted in accordance with the description set forth in the Vertebrate Animal Section (VAS) of the contractor's technical proposal, as modified in the Final Proposal Revision (FPR), dated ___, which is incorporated by reference.”

The contractor is providing services to the NIH under NIH Animal Study Proposals (ASP) and

Standard Operating Procedures (SOP), and is not primarily responsible for determining the performance site, the species, strains, ages, sex and number of animals to be used, the justification of the species and numbers to be used, nor the technical procedures or euthanasia procedures to be included in an ASP. We do not believe that this worksheet is necessary for this type of contract proposal. Please confirm.

A.18: This worksheet is not necessary. See Clarification3, above.

Q.19: Regarding Small Business Subcontracting Plan (SBSP)

As there is no way of knowing which TOs a contractor may be awarded, nor what materials, supplies, or subcontractors each TO may require, there is no basis with which to draft a SBSP for this LARC III proposal. We therefore assume that this will be required once task orders are awarded. Please c larify

A.19: A SBSP is required to be included with the submission of proposals by Large

Businesses for this RFP

Q.20: Regard ing Certificate of Current Cost or Pricing Data

This is listed as Attachm ent 11, but is not referenced in the RFP instructions and we do not believe it is applicable to this contract. Please confirm.

A.20: This attachment has been deleted from the RFP.

Q.21: Regarding Past Performance

There are three references to past performance providing conflicting instructions (see pages 53, 57, and 66). Please clarify your instructions for past performance information.

A.21: Please see Clarifications 5 & 6, above. These revisions apply to the submission of the technical proposal. The reference on page 66 applies to business proposal.

Q.22: Regarding Training

Page 5 of the SOW states that “If an individual is placed in a job category for which he/she is not qualified or skilled, the employee will be invoiced at a discounted rate (no less than 80% of the current billing rate for the position) until they can provide the required services at an acceptable skill level (not to exceed 90 calendar days).

Page 16 of the SOW states that “Contractor personnel shall receive complete training and orientation pertaining to Contractor’s policies and procedures as well as a basic overview of task duties, procedures, and safety prior to reporting for their firs t day. Training of this nature is the Contractor’s responsibility and is not to be conducted, or charged to the Government, subsequent to the employee’s initial entry on duty.”

W hat criteria will be used, and by whom , to determ ine the qualification or skill of an em ployee placed in a job category as would apply to the requirem ent for a d iscounted rate? Further, while a basic overview of expected duties, procedures and safety can be provided prior to reporting for duty, specific requirements related to TO SOPs and ASPs would need to be provided in on-the-job training.

Please c larify.

A.22: The labor category matrix (Attachment A of the RFP) will be used by the task order project officer to determine the skills and qualifications of a candidate.

Q.23: Regarding Other Direct Costs (ODC)

Page 19 of the SOW states that the contractor shall be responsible for and shall comply with the following minimum requirements, including to “Provide personnel with the personal protective equipment as detailed in the Task Order SOW ”.

W ill costs associated with the provision of supplies or services not provided by the governm ent (i.e., personal protective equipment, uniforms and laundry services, safety shoes, occupational medical health clearances, pagers) be billable as ODCs?

A.23: ODCs are relevant at the TORFP level. Generally costs associated with the provision of supplies or services not provided by the Governm ent are billable as an ODC provided the costs are proposed by the contractor and accepted by the Government prior to being incurred.

Q.24: Regarding Key Personnel

Page 24 of the SO W states that “proposed replacements shall have equal abilities and qualifications to those of the persons being replaced”.

W e respectfully request that this be changed to “replacements will be qualified in accordance with the requirements for the position outlined in the contract or TO .”

A.24: This sentence will not be changed.

Replacement personnel for vacancies shall be fully qualified for the duties of the labor category they are assuming. It is understood that in some instances replacement personnel may not possess all of the qualifications of the person being replaced. In these cases, it is the responsibility of the Contractor to propose an approach for satisfying this requirement with appropriate labor categories, for review and acceptance of the Contracting and Project Officer.

Q. 25: Regarding Annual Financial Report

Should a complete copy of our annual financial report be provided with each copy of the business proposal, or would a link to the online copy of the report be acceptable?

A.25: A minimum of one (1) hard copy of the offerors’ annual financial report must be including in their proposal submission.

All other terms and conditions remain unchanged.

-END-