Q A_-_OPIC-16-R-0014.pdf

Questions and Answers U.S. Legal Services for International Finance and Political Risk Insurance Transactions

OPIC-16-R-0014

Q1: Is OPIC is no longer seeking to compile a Prospective Contractor List for “Specialty Legal Advice”?

A1: Yes, this is correct. The clarification document discusses the Prospective Contractor List “Specialty Legal Advice” which was removed from the Request for Proposals (RFP).

Q2: Could you clarify the interaction of Sections C5 and C6?

A2: Section C5 is the clause from FAR 52.216-19. This clause discusses the minimum and maximum order limitations. The “order” being referred to in the various FAR clauses through this document is an Indefinite Delivery Indefinite Quantity (IDIQ) Task Order. In all FAR clauses, there are parts that apply and parts that do not apply depending on the particular situation. In the case of this clause, paragraphs

(c) and (d) do not apply because this is not a requirements contract and OPIC does not intend on awarding an IDIQ Task Order over the maximum order amount.

Section C6 is the clause from FAR 52.216-22. This discusses how the delivery/performance under the IDIQ and IDIQ Task Orders will work.

Q3: Do the clauses FAR 52.217-8 and 52.217-9 apply to the IDIQ Contract itself or any/all IDIQ Task Orders?

A3: These clauses apply to the IDIQ Contract only. The IDIQ Contract has a Base Period of one year with the possibility of four (4) one-year option periods. If a Task Order had the need for option periods, a clause similar to FAR 52.217-8 and FAR 52.217-9 would be included in the Task Order.

Q4: Does FAR 52.217-9 conflict with FAR 52.217-8 when it comes to exercising options?

A4: No. FAR 52.217-8 provides the process for how an option is exercised. FAR 52.217-9 is used after all options have already been exercised and the contract is set to expire.

Q5: In Section J, Attachment 1, the solicitation states that the response supplied for pricing should be using the format in the attachment (i.e. a table with 3 columns, one identifying the personnel category, one column stating the hourly rate and one column stating the discount applied from the regular rate). Would it be ok to provide this information in another format?

A5: OPIC prefers to have the pricing information provided in the format in Section J, Attachment 1.

Q6: In addition to attorneys from our teams located in the U.S., we would like to submit one proposal that includes attorneys from our other international offices. Would it be possible to submit our proposal under the U.S. location’s DUNS number or should we include the DUNS number of every office that is being included in the proposal on the cover page?

A6: If the U.S. location is submitting a proposal that includes attorneys from the U.S. and international locations, only the U.S location’s DUNS number should be used.

Q7. In Section H3, we assume that the reference to “the Government” in the last sentence of said section should be a reference to “OPIC”, it being understood that OPIC, in turn, can forward such work to another U.S Government entity on a non-reliance basis. Could you please confirm?

A7. The term “the Government” can be considered interchangeable with “OPIC”.

Q8: Section K4 and the certification requested in the case that the offeror is proposing a total contract price that will exceed $5,000,000. We assume that since (i) this is an IDIQ and (ii) the offeror is not technically proposing a “total contract price” at all but simply quoting rates that an offeror is not required to make the certification in FAR 52.209-12. Please confirm.

A8: The potential contract value could exceed $5,000,000.00. The offeror is required to make the certification in FAR 52.209-12.

Q9: On the Standard Form 1449 (SF 1449), the offeror is required to fill blocks 23 and 24. These blocks are for unit price and amount. Should we make references the Pricing Charts that we will provide with our submission?

A9: No, this is not necessary. If an award is made, the Pricing Pages will be included as part of the contract and will satisfy the requirement of blocks 23 and 24 of the SF 1449.