Questions Answers as of 2 July 2008.pdf

Solicitation Number NIHOF2007011 Questions & Answers – as of July 2, 2008

Comment/Question #1: On page L-9, the solicitation reads “the technical proposal must include direct cost and resource 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.” However, in the section describing the Business Proposal, on page L-20, the section “Information Other than Cost or Pricing Data” seems to describe cost and price data. It is unclear exactly what price and cost information should be in the Technical Proposal and what should be in the Business Proposal and if they are meant to overlap.

Response #1: I will try to answer this to the best of my ability. The main difference between Cost or Pricing Data and Information other than cost or pricing data is that you do not certify your price or cost data for the latter. You should follow the “Technical Proposal Instructions” under Paragraph b, page L-

16. I recommend that you include the “Qualification of Offeror” under “c” Business Proposal Instruction” as part of the Technical Proposal.

Comment/Question 2: In the Technical Proposal description there are sections, 1, 2, 4, and 5. Is there meant to be a section “3”? (See page L-18)

Response #2: Correct “(4) Additional Technical Proposal Information” to read “(3) Additional Technical Proposal Information;” and correct “(5) Other Considerations” to read “(4) Other Considerations.”

Comment/Question 3: On page L-19, the business proposal instructions explain that the order of the business proposal should be as follows:

1) Basic Cost/Price Information

2) Proposal Cover Sheet

3) Information Other than Cost or Pricing Data

4) Qualifications of the Offeror

5) Other Administrative Data

6) Subcontractors

7) Proposer’s Annual Financial Report

8) Representations and Certifications

9) Travel Policy

Should the above format be used or the format outlined in section c of part a of Article L.1 (see page L-1) which states that the first page of the proposal should be a cover page? Is the order of the business proposal meant to be as follows:

1) Proposal Cover Sheet

2) Table of Contents

3) Basic Cost/Price Information

4) Information Other than Cost or Pricing Data

5) Qualifications of the Offeror

6) Other Administrative Data

7) Subcontractors

8) Proposer’s Annual Financial Report

9) Representations and Certifications

10) Travel Policy

Response #3: To be more consistent with FAR Clause 52.215-1 (Article L.1), the “Business Proposal Instructions,” beginning on Page L-19 is re-numbered as follows:

1) Proposal Cover Sheet

2) Table of Contents

3) Basic Cost/Price Information

4) Information Other than Cost or Pricing Data

5) Qualifications of the Offeror

6) Other Administrative Data

7) Subcontractors

8) Proposer’s Annual Financial Report

9) Representations and Certifications

10) Travel Policy

Comment/Question 4: On page L-19, Section2, under Part C. Business Proposal Instructions, the “pricing proposal” is referenced. Is this pricing proposal meant to be considered a part of the Business Proposal or is it meant to be a separate proposal?

Response #4: The Basic Cost/Price Information should take into consideration both broad requirements in Section C and B and the requirement for the Seed Project in Section J (Attachment J-5). Pricing for the Seed Project should be based on some of the labor categories/rates proposed in Section B. It is recommended that the Seed Project be included as part of the Business Proposal but identified as the Seed Project. Like wise, you should also consider the seed project in the technical portion of your proposal. If you decide to do the seed project and incorporate both technical and business under this proposal, then you should provide this proposal in the Business Proposal Package.

Comment/Question 5: In the instructions for the Business Proposal, on page L-24, the contents of the letter of commitment from the subcontractors are listed in section 6. Item d states, “Information on their cognizant field audit offices.” What does “cognizant field audit offices” mean?

Response #5: In some cases a federal agency may perform an audit (i.e. DCAA), and in other cases the audit is performed by a commercial audit firm. The statement is asking for information on who performed the most recent audit.

Comment/Question 6: Is the Bid Bond/Bid Guarantee Based on the Seed Project?

Response #6: Yes, the Bid Guarantee is based on the proposed amount for the seed project. See Article I.1. & I.3. (FAR Clause 52.228-1)

Comment/Question 7: Is the pre-proposal conference being held in a restricted access location? Is the Center Drive entrance from Rockville Pike the best way to get to Building 45?

Response #7: Yes! The pre-proposal conference is on the NIH Bethesda Campus. Visitor’s entrance is thru South Drive off Rockville Pike. You will need to show your Driver’s License and go through security check to gain access. Visitor’s parking is as indicated on the map link below: http://parking.nih.gov/visitor_access_map.htm http://parking.nih.gov/visitor_access_map.htm�

Comment/Question 8: Is submission date still July 8, 2008 (3:30 pm)?

Response #8: Yes, July 8, 2008 at 4:30 pm ET

Comment/Question 9: Sample Project – is there no mechanical designs?

Response #9: There is no Mechanical Drawing – No impact on HVAC System

Comment/Question 10: Representative Projects – is there a time/age limitation (Ex. 5 yr) relative to a design firms NIH project experience history?

Response #10: Please see Section L, page L-13 ((9) Past Performance Information). It asks for tasks performed within the last 3 years.

Comment/Question 11: Is there any problem with a consultant being on more than 1 SDVOB team?

Response #11: We have no problem with more than one SDVOSB team using the same consultant.

Comment/Question 12: Will the Task Orders for these projects require spec. books or if for smaller projects can they be specs on drawings.

Response #12: Each project will be individually determined by the Program Office. Some Projects (as with the Seed Project) will be design-bid-build while others may be design build. I referred this question to the Program Office.

Comment/Question 13: Will there be a “short list” presentation requirement?

Response #13: No. Please See Article L.1., Paragraph (f)(4). We intend to award without discussion;

therefore there will be competitive range.

Comment/Question 14: Is there an NIH Mark-up “ceiling for Overhead, assuming profit is capped at 10%?

Response #14: We intend to use the proposed overhead and profit rates that offer the best value to the government. The overhead rates calculations shall be in accordance with the same at Attachment J-3.

Comment/Question 15: I recently reviewed the above pre-solicitation (Bid Number: NIHOF2008054).

Is it possible to get a list of companies who have requested the plans and specifications for this project?

Response #15: The Interested Vendors List is updated by each interested vendor. You can view it under the Solicitation Number NIHOF2007011 at the www.fbo.gov site. The specification to the solicitation is also posted as attachment J-16 to the solicitation, also at the FBO Site.

Comment/Question 16: What will be the principal value for the payment and performance bonds?

Response #16: The principal value of the Performance/Payment Bond is the amount of the negotiated order excluding the bond portion. So if the negotiated order before bond in $100K then the Bond amount http://www.fbo.gov/� would be $100K. You would not purchase the bond unless you are issued the order; however you can price your bond based on the proposed task price.

Comment/Question 17: With regards to document J-11: The document shows a shows a solicitation number on it of 292-07-P(HG)-0002. IS this from a previous contract? What should we do?

Response #17: Please see Amendment 1 dated 06-09-2008 to Solicitation #NIHOF2007011. It replaced Attachment #J-11 with a revised J-11. You should discard the prior J-11 and replace it with the new J-

11. It is recommended that you sign up on the interested Vendors List to receive updated information (i.e.

amendments to the solicitation). So far there are 3 amendments to this solicitation.

Comment/Question 18: Attachment 6 - “Contractor’s Release For All Contracts” form: This forms requires a contract number, a $ dollar amount, but we have not yet done the work or been awarded the contract, so what do we do with this form?

Response #18: This form is explained in Article L.4., entitled “Contractor’s Release for All Contracts NIH Form 2582.,” and also in Article G.6., entitled “Invoice Submission.” This form pertains to Final Invoicing for each task order issued against the awarded contract.

Comment/Question 19: Attachment 12 - Standard Details and Reference Document: Does this require that we attach the NIH spec which we used to produce our quote for this contract? Or, is this simple something to be familiar with but not requiring any type of submittal in this package?

Response #19: No – This is for the offeror’s information and it may helpful technical information for offerors when submitting proposals for task orders.

Comment/Question 20: Attachment 13 - Guide for Construction Signage: Do we need to print this 17 page document and include it in our package? Or, do we simply need to be familiar with it?

Response #20: No – Same as above -- This is for the offeror’s information and it may helpful technical information for offerors when submitting proposals for task orders.

Comment/Question 21: Attachment 14 - Function Description Information Form: This is a task order closeout document. Do we need to include it in the package? Or, simply be familiar with the document?

Response #21: No – Same as 3 above -- This is for the offeror’s information and it may helpful technical information for offerors when submitting proposals for task orders.

Comment/Question 22: Attachment 15 – Update of Construction Details of new TOC Contract: Do we need to print and include this 155 page document. We are familiar with this document and realize that it is a standard and guideline for how work is suppose to be performed at NIH. Or, simply be familiar with the document?

Response #22: Again, this is for the offeror’s information and it may helpful technical information for offerors when submitting proposals for task orders.

Comment/Question 23: Attachment 2 – General Wage Decision Numbers: We are certainly familiar with and utilize wage scales in all three listed counties and DC. Again, do we need to print this information and include it in our package?

Response #23: Again, this for the offeror’s information. You may want to look at section B (Article B.5.) in the Solicitation since it refers to the Davis Bacon wage rates in Section J.

Comment/Question 24: The original solicitation had a seed project listed as work in Building 4 rooms 408 and B101. An amendment just came out listing Bldg 50 Room B401 as a potential seed project. I have already priced the worked in Bldg 4. Which is the seed project for this proposal?

Response #24: The amendment replaced the Building 4 project. It was supposed to be a sample project (not the actual seed project); so to remove the ambiguity we replaced it with an actual seed project. As you can see the Building 50 project is at 95% drawing. The project has now been updated to final but has not yet received full design review approvals (NIH signatures).

Comment/Question 25: In Article B.3 under pricing there is a matrix labeled schedule of charges for the basic award period along with all of the option years. The unit price and max amount is left blank on all of the sheets. I am not sure what to place in these blank areas. I have provided labor rates for my management team as well as pricing the seed project. Is this schedule even need for the proposal?

Response #25: Article B.3. & B.4. are for information purposes since this is a solicitation for an IDIQ contract. You should leave this blank. You should concentrate more Article B.5. since this is the what you and will use to develop your seed project pricing.

Comment/Question 26: After the site visit yesterday and further review of the Technical / Business Requirements for this proposal, it has become clear to me that the complexity of input mandated of the critical / major subcontractors to properly respond to this proposal, and the anticipated effort needed to assemble the different aspects of the proposal, will require time beyond the current due date.

As a Service Disabled Vet I am very interested in working for NIH and my company is looking forward to providing the Government with a complete and comprehensive Technical / Business Bid Package for this solicitation; therefore, I am respectfully requesting the bid proposal due date be extended to at least the end of July.

Response #26: We have reviewed your request to extend the proposal due date from July 8 to July 31.

We welcome you as one of the competing contractors; however, we are unable to extend the response date past July 8, 2008. We believe the pre-solicitation period of 15 days and the solicitation period of 30 days (45 days total) is adequate.

Comment/Question 27: Good job on the meeting today! Thanks.

Item 1: Proof of Disabled Veteran Status - it seems there are two reasons that contracting officers are requiring the proof:

A. Many companies are fraudulently misrepresenting themselves as Service Disabled Veteran Owned Small Businesses (SDVOSB) in to get preference towards federal contract awards.

B. If proof of SDVOSB status is provided and verified prior to the contract award, there is much less chance of a protest, which is something that none of us want to be burdened with.

You see, to be a Service Disabled Veteran (like yourself) a veteran's disabled status has to be formally stated on the veteran's discharge form DD-214 or formally evaluated and recognized by the Veteran's Administration, this after an evaluation by the VA' medical board. Whether a veteran gets 10% or 100%, he receives a check every month (usually direct deposit) and he has plenty of VA documentation to support his disabled status.

Here is what causes the confusion: The term "self certification". If you are an actually Service Disabled Veteran Owned Small Business you can simply register with CCR, ORCA and such, but there is no person or agency verifying your personal status as a disabled veteran. Hence the term "self certifying".

So any chump, veteran or not, can actually register his company as a Service Disabled Veteran Owned Small Business and there is a small chance he will get caught, unless there is a protest or the CO requires proof. There are even some veterans the hear the term "self certifying" and assume that can register as a SDVOSB, some may have military connected injuries and some may not, but this is illegal unless there the Veteran's Administration legally deems them as a Service Connected Disabled Veteran. A veteran's injuries have to have been incurred while servicing in a military capacity and they have to be recognized and compensated by the Veteran's Administration.

Response #27: I’ve discussed the matter with the NIH Small Business Office and we have come to the conclusion that requiring additional proof/information other than certifying in the Online Representations and Certifications Application (ORCA), as required in Section K of the solicitation, is not necessary.

FAR Sub-Part 19.3 (http://acquisition.gov/far/current/html/Subpart%2019_3.html#wp1099293) provides guidelines regarding Small Business representation including SDVOSBs. In addition (compliment of the Small Business Office) FAR 19.1403(b) states “at the time that a service-disabled veteran-owned small business concern submits its offer, it must represent to the contracting officer that it is a—

(1) Service-disabled veteran-owned small business concern; and

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the procurement. “

FAR 19.1403(a) states “Status as a service-disabled veteran-owned small business concern is determined in accordance with 13 CFR Parts 125.8 through 125.13; also see 19.307.”

If you read FAR 19.307, it describes the process for protesting a SDVOSB’s status in a competitive and in sole-source procurements. Paragraph (h) of this subpart states “All questions about service-disabled veteran-owned small business size or status must be referred to the SBA for resolution. When making its determinations of veteran, service-disabled veteran, or service-disabled veteran with a permanent and severe disability status, the SBA will rely upon determinations made by the Department of Veteran’s Affairs, Department of Defense determinations, or such determinations identified by documents provided by the U.S. National Archives and Records Administration. SBA will determine the service-disabled veteran-owned small business status of the protested concern within 15 business days after receipt of a protest. If SBA does not contact the contracting officer within 15 business days, the contracting officer may award the contract to the apparently successful offeror, unless the contracting officer has granted SBA an extension. The contracting officer may award the contract after receipt of a http://acquisition.gov/far/current/html/Subpart 19_3.html#wp1099293� http://acquisition.gov/far/current/html/Subpart 19_3.html#wp1099396� protest if the contracting officer determines in writing that an award must be made to protect the public interest.”

Comment/Question 28: On page L-9 under Separation of Technical and Business Proposal, it says “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. However, the technical proposal should not include pricing data relating to individual salary information, indirect cost rates or amounts, fee amounts (if any)., and total costs. The technical proposal should disclose your technical approach in as much detail as possible, including, but not limited to, the requirements of the technical proposal instructions.”

Reading through the instructions for the business proposal, it seemed as though this is where you wanted this all pricing and cost information. I read Response #1, from the first amendment, which said “The main difference between Cost or Pricing Data and Information Other than Cost or Pricing Data is that you do not certify your price or cost data for the latter. You should follow the “Technical Proposal Instructions” under Paragraph b, page L-16.” It seems to me that you are saying you want price and cost data (the general cost and resource information not the cost information for the seed project) in the technical proposal, however, in the instructions for the technical proposal, it does not say anything about cost or price data. Additionally, according to Response #3, from Amendment 1, it seems as though Basic Cost/Price Information should be included in the Business Proposal. If basic cost and price information is meant to be included in the technical proposal, where should it be included?

Response #28: Subparagraph (4)" on page L-18, Sub-Part L.2.b.(1)(b) (Personnel) is added as follows:

"(4) Summary of Labor and Direct Costs Referring to Article B.5. In Section B of this solicitation, list the prime contractor’s proposed labor categories and the labor categories for each proposed sub-contractor. Regarding the seed project provide the proposed labor categories labor hours, and total proposed labor and material cost. Do not include your proposed fee/profit or overhead rates in this technical portion of your proposal. However you will include the proposed fee and overhead in the business proposal."

Comment/Question 29: I am unclear about the exact structure of the business proposal? Below is my understand of how the business proposal should be structured, is this correct?

Cover Page Table of Contents Basic Cost & Pricing Information Information Other than Cost or Pricing Data Other Administrative Data Subcontractors Proposer’s Annual Financial Report Representation and Certifications Travel Policy Seed Project

Response #29: Sub-Paragraph (11) on page L-25 under subpart L.2.d. (Business Proposal Instructions)is added as follows:

"(11) Seed Project Proposal.

Using the Sample Cost Estimating Worksheet in Section J (Attachment J-3) as a guide, provide your seed project cost proposal."

Comment/Question 30: On Page B-4, there is a chart for the breakdown of labor categories. How should we fill this out for the business proposal, if we do not have a task order yet? We could fill in the chart minimally by including categories such as Program Manager, Superintendent, and other self-performed labor categories. Would this be enough to satisfy these requirements?

Response #30: Yes. You should fill in the proposed labor categories including those of your proposed sub-contractors taking into consideration the information provided in Statement of Work in Section C of the solicitation. The chard should include labor categories and rates in accordance with the Davis Bacon labor rates (Section J) and your proposed Fee/profit and overhead rate. You should include your indirect cost worksheet (Section J) to show how you arrived at the proposed overhead rate.

Comment/Question 31: If lobbying is not an issue, should we still submit an Attachment of Lobbying Activities (J-10)? How should we make it clear that we are not lobbying?

Response #31: It is recommended that you print across the form “NOT APPLICABLE” or “NO

LOBBYING ACTIVITIES TO REPORT”

Comment/Question 32: On page L-20, under Information Other than Cost or Pricing Data, I am not sure how information in this section would differ from the Basic/Cost Price Information, see page L-19.

Response #1 from amendment 1, says “The main difference between Cost or Pricing Data and Information other than cost or pricing data is that you do not certify your price or cost data for the latter.”

What does it mean to certify your price or cost data?

Response #32: If cost or pricing data was required we would require that you execute the “Certificate of Current Cost or Pricing Data” and submit your cost and pricing data as indicated in Table 15-2 (Instructions for Submitting Cost/Price Proposals when Cost or Pricing Data Are Required). For your information this table is located under FAR 15.408 and the Certificate of Current Cost or Pricing Data is located at FAR 15.406-2 (http://acquisition.gov/far/current/html/Subpart%2015_4.html#wp1208603).

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