Solicitation_Questions_&_Answers_-_PBGC01-RP-17-0016.pdf

Solicitation Questions and Answers - PBGC01-RP-17-0016

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1 N/A N/A

Does an incumbent exist for this requirement?

If so, please provide the following:

1. Vendor name;

2. Contract number;

3. Value;

4. Date of award; and

5. Expiration date

Yes, there are incumbents for this requirement.

Currently, PBGC has two sets of multiple-award IDIQ to cover each support area (1. Transaction; 2.

Bankruptcy & Restructuring). Here are the details for each support area:

Support Area #1: Transaction:

1. Max Ceiling: $50,000,000

2. Date of Award: 3/1/12

3. Expiration Date: 2/28/2017

4. Vendors/Contract Numbers:

*PJT Partners LP - PBGC01-D-16-0001

*Blackstone - PBGC01-D-12-0003

*Barclays Capital - PBGC01-D-12-0002

*Duff & Phelps - PBGC01-D-12-0004

*Grant Thornton - PBGC01-D-12-0007

Support Area 2: Bankruptcy and Restructuring:

1. Max Ceiling: $50,000,000

2. Date of Award: 3/1/12

3. Expiration Date: 4/16/2017

4. Vendors/Contract Numbers:

*Grenhill & Co - PBGC01-D-12-0012

*FTI Consulting - PBGC01-D-12-0008

*Protiviti Gov Services - PBGC01-D-12-0009

*Barclays Capital - PBGC01-D-12-0010

*Duff & Phelps - PBGC01-D-12-0013

2 63 Section L.4

Should each volume of the proposal be uploaded as individual/separate files, OR should they be provided in one combined file with tab pages in between the volumes?

Each volume of the proposal must be an individual/separate file.

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3 73 Section L.10.2

Do references email their completed Past Performance

Questionnaire (Attachment D) to the PBGC contract specialist and contracting officer, OR do references need to upload Attachment D to the PBGC Secure

Proposal site?

References are to email their Past Performance

Questionnaire (Attachment 3) to the PBGC contract specialist and contracting officer.

Poppe.david@pbgc.gov and thomas.roland@pbgc.gov

4 67

L.10.1 Volume

1, Section 1, Sub-Factor 1, b /

List items

1 - 5

Would you prefer for this response to be in a narrative or list format?

Please list and describe using the provided list format, additional bulleted narrative may be provided below the table provided to describe in more detail the brief lists and descriptions in the table.

5 67

L.10.1 Volume

1, Section 1, Sub-Factor 2 /

List item 1

Would you prefer for respondents to solely confirm whether or not we agree to the "Delivery" in the

"Deliverables and Delivery Schedule Support Area."

tables reflected in Section C.7 (pg. 27 - 28) or provide a more expansive response?

A more expansive answer should be included that demonstrates a general understanding of the delivery requirements and explanation of the vendor's resources to meet them.

6 68

L.10.1 Volume

1, Section 1, Sub-Factor 3 /

List items a - d

Would you prefer for this response to be in narrative or list format?

Use list or bullet format as much as possible, as you would in sales presentation to another potential client. Describe in detail as requested in the solicitation and label the narrative sections as called out in the solicitation.

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7 75

L.10.4 Volume

4 / Paragraph

If possible, please provide additional clarity on what you would like to be included in "Complete pricing." For instance, should complete pricing be limited to time only (i.e. personnel costs only) based on the level of effort scopes as defined in Section B.6.4 pages 8 ad 9 or include other potential costs?

Pricing is considered complete if all requested Firm

Fixed pricing for the base and all option periods in

Section B (Pricing Schedule) is provided, to include:

unit price, total line item price and total period of performance price (CLINS 0001AA-0001AD for the base and so on for each option period). Specifically all pricing blocks in column 3 and 5 that are marked with a dollar sign must be priced. The Offeror is to completely fill out the section of the Pricing

Schedule applicable to the Support Area proposed.

This applies even to those proposing both Support

Areas since they are required to submit a separate proposal for each Support Area. The FFP pricing shall be inclusive of all fully loaded labor, materials and profit. Firm Fixed Pricing is no subject to adjustment due to contractor cost.

8 65 of 82 L.10.1 Are the transactions presented in Volume 1, Section 1 for the entire firm or only the Key Person specified?

Volume 1, Section 1 is corporate experience and examples are of firm experience not key personnel

9 65 of 82 L.10

For the Volume 2, does the page limit apply only to the narrative describing the specific assignment or does it also include the reference?

Volume 2 page limit applies only to the narrative describing the specific assignment. It does not include the reference forms in the page count and the reference forms are not to be included here.

Volume 2 page limit is increased to 5 via amendment to provide enough pages to include a cover and contents page.

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10 73 of 82 L.10.2 Does the reference need to have the narrative on it or is that provided separately?

The reference does not include the narrative. The reference form is sent to the reference to fill out and send separately to the PBGC. It is up to the

Offeror on how they coordinate with their references.

11 65 of 82 L.10

For the June 21st deadline, are only Volumes 1 and 2 required or do we need to provide Volume 3 (the presentation for the in person meeting) and Volume 4

(the Price Proposal)?

Volumes 1, 2 and 4 with all required content constitute the initial Proposal submission. Volume 3 is sent in when and if an invitation to participate in oral presentations is received.

12 63 & 64 of 82 L.7 If submitting for both support areas, do we need to provide two letters of transmittal?

Yes, a unique letter of transmittal shall be included with each proposal.

13 69 of 82 L.10.1 Can there be more than one Key Person for the support areas

Yes, but each key Person identified will have to meet all of the minimum requirements.

14 69 of 82 L.10.1

Section 2, sub-factor4. In addition to the Engagement

Director should the Task order Manager be identified?

Should the charts on p 69 of 89 be filled in for the Task

Order Manager or just the Engagement Director.

Only the Engagement Director shall be identified in the proposal. The Task Order Manager will be identified at the Task Order level.

15 63 of 82 L.7 Can the proposal be provided in landscape page form?

Yes, Landscape format may be used in Volumes 1-3, not in Volume 4. All other format instructions remain the same.

16 72 of 82 L.10.1

Is the submitted resume for a Key Person in addition to the Key Personnel Minimum Experience Qualifications

Crosswalk?

Yes

Has there been any disclosure as to what fees have been for similar awards in the past? If so can you direct us to this? Was a similar contract put out to bid previously and have the pricing proposals or rates from the prevailing firms been disclosed?

See Question 1 for previous contracts and firm names. The Government can not provide proprietary fee arrangements.

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Is there is any special consideration given to minority owned companies for this bidding process? What materials should be provided to show minority ownership in case it applies?

There are no small business or set asides for this procurement.

3. We are trying to distinguish as to how we can think about different engagement sizes with larger orders of magnitude and required personnel. There is a clear distinction between levels of efforts and the associated CLIN numbers, we believe there will be a range of awards and different magnitudes of personnel required, depending on the size of the restructuring.

For instance, a case like American airlines would certainly have required several “task order managers”.

Is this achieved by assigned multiple task orders based on the size of the project? If so, is there any historical cases we can look at to get a sense of how the PBGC allocates task orders based on the size of a given case?

Can you give an example of a historical reorganization and say the contractor had a certain number of task orders in CLIN X and a different number of task orders in CLIN Y?

PBGC primarily requires support on large cases. The

IDIQ is a list of contractors that can compete for assignments (Task Orders). Generally a case is a

Task Order. For example, a Task Order could be to represent PBGC's interest in an American Airlines bankruptcy. Another task order could be to represent PBGC in the restructuring of a steel or aluminum company. PBGC will primarily reach out to the anticipated IDIQ for support on large, complex cases, therefore all pricing proposed should reflect maximum pricing allowed to be charged for large, complex cases at the levels of effort described.

4. The bidding process incorporates distinct fee structures for each additional option year beyond year one? Can you provide us with rates of inflation that have been used in past contracts?

Industry standard inflation rates are appropriate benchmarks to use. A good source for figuring out industry inflation rates is: Department of Labor

Statistics

5. What is the amount of the Simplified Acquisition

Threshold (SAT)?

$150,000.00

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6. Section "M.2.4.1 Factor 4: Price" States:

"NOTE:This level of allocation is provided to allow consistency in the evaluation of price proposals; actual number of task orders will vary at the discretion of the

PBGC". What are the determining factors that cause the

PBGC to vary the number of task orders. What has been the actual number of task orders in previous restructurings?

A requirement for this IDIQ is generated when there is a specific case which is then converted to a requirement that is competed on this anticipated multiple award IDIQ. PBGC does not know how many cases will come up and how many will require transaction or bankruptcy and Restructuring. Over the past five years there were 9 Task Orders.

23 73

L.10.2 - Past

Performance

(Factor 2)

Regarding requests for references, do these need to be the principals on each engagement or can it be other advisors who worked along side you on a previous engagement? For example, if retained as the financial advisor to an Unsecured Creditors Committee ("UCC") could the reference be the law firm advising the UCC or a committee member?

The reference should be a member of the firm who acquired your services and is directly knowledgeable on the details of the quality of service you provided in order to provide the feedback requested.

24 73

L.10.2 - Past

Performance

(Factor 2)

Can the PBGC be one of the references? Yes

25 1

SOLICITATION

/CONTRACT/

ORDER FOR

COMMERCIAL

ITEMS

Given both the highly technical nature of the

Performance Work Statement (PWS) and the need to submit a separate proposal for each service area; would the PBGC consider extending the Offer Due Date to July

5, 2017?

Yes, the Government will consider an extension and include it in an amendment to the solicitation.

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26 7, 9 B.6.1, B.6.4

The RFP states that, " If the Contractor disagrees, the

Contractor may submit detailed information supporting a request for a different level of effort. PBGC will then consider the information and make a final decision.

Work shall continue during pricing discussions. The contractor may also propose a change in the work level."

Would the PBGC please provide a written, formalized process by which the contractor and PBGC will engage during the process of a level of effort appeal and a proposed change in work level?

The standard bilateral modification process will be the formal process followed when considering a change in level of effort.

27 65 L.10

The RFP states that, "Appendices, Table of Contents, Resumes, Exhibits, and Title pages ARE included in the appropriate page count." There is a 3 page limit for

Volume 2 Past Performance Reference Narrative with one page allotted for each of the three required references. Would the PBGC please increase the page count for Volume 2 to 5 pages so offerors may include a

Table of Contents and title page in that volume?

Page count for Volume 2 will be increased to 5 pages and the update will be captured in an amendment to the solicitation.

28 8 B.6.2

Would the PBGC consider converting CLIN 0005 Expert

Witness from a FFP framework to Time and Materials

(T&M)? We would like to provide the PBGC with the most efficient and practical pricing structure, and feel that T&M for this CLIN aligns to the variability and scarcity of its utilization.

No, the Expert Witness Support will be priced at the

Task Order level and will result in a Firm Fixed Price for the Expert Witness Support.

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29 9 B.6.5

Would the PBGC consider converting CLIN 0005 Expert

Witness from a FFP framework to Time and Materials

(T&M)? We would like to provide the PBGC with the most efficient and practical pricing structure, and feel that T&M for this CLIN aligns to the variability and scarcity of its utilization.

No, the Expert Witness Support will be priced at the

Task Order level and will result in a Firm Fixed Price for the Expert Witness Support.

30 65 L.10.1a

In order to have additional qualified vendors and best value pricing, would the PBGC consider lowering both the threshold for creditor capital per engagement from

$250 million to $100 million and the threshold for annual client revenue from $500 million to $250 million?

Requirements states "Engagements in which creditors totaled at least $250 million per engagement preferred. Company clients with over

$500 million annual revenue preferred."

Requirement remains unchanged, as it's rare that we would hire an advisor for small cases.

31 66 L.10.1b

In order to have additional qualified vendors and best value pricing, would the PBGC consider lowering the upper threshold for creditor capital per engagement from $1 billion to $500 million?

Requirement states "Engagements in which creditors totaled at least

$1billion are preferred, but will consider as low as

$250 million."

32 10 B.7

Each task order represents highly variable, unique work that is dependent on numerous factors. Level of effort is anticipated to fluctuate greatly from month to month, meaning that resourcing needs will constantly change.

We want to provide the PBGC with the most cost efficient and flexible pricing structure that will allow contractor and PBGC to triage task order needs with minimal back and forth. Would the PBGC consider amending the pricing schedule to a fully Time and

Materials (T&M) model where the contractor will provide fully-burdened hourly rates that include ODCs?

No, the Government has considered T&M and has decided to go with a month to month FFP framework to better manage the finite nature of the case projects targeted for this support.

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33 37 H.1

In order to have additional qualified vendors and best value pricing, would the PBGC lower the annual client revenue threshold from $500 million to $250 million for the Transaction Support Performance Area Engagement

Director required experience?

We typically only hire advisors for large restructurings or bankruptcies, where unfunded benefit liabilities are considerable. So, staff / firms on the IDIQ should have experience in very large cases. Because of this, we cannot lower the annual client revenue threshold from $500 million to $250 million for Transactions or the funded debt threshold from $250 to $100 million. Requirement remains unchanged.

34 37 H.1

In order to have additional qualified vendors and best value pricing, would the PBGC reduce the funded debt threshold from $250 million to $100 million for the

Bankruptcy and Restructuring Performance Area

Engagement Director required experience?

We typically only hire advisors for large restructurings or bankruptcies, where unfunded benefit liabilities are considerable. So, staff / firms on the IDIQ should have experience in very large cases. Because of this, we cannot lower the annual client revenue threshold from $500 million to $250 million for Transactions or the funded debt threshold from $250 to $100 million. Requirement remains unchanged.

35 27 C.6

Key Personnel - Reads "if the identified key person becomes or is expected to become unavailable for work under this contract for a continuous period exceeding

14 work days….." is this over the entire IDIQ period of performance or just over the period of performance at the Task Order level?

This is over the period of performance of the Task

Order.

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36 37 H.1

Both Performance Areas 1 and 2 require that the Key

Personnel "has been a senior managing director

(partner or principal) at either a restructuring or investment banking company for at least five (5) years.

Does a full service accounting and consulting firm with a restructuring/corporate finance practice meet this definition?

Yes

37 66

L.10 Vol 1

Tech Proposal

- Support

Area 1

In many cases we have executed non-disclosure and/or confidentiality agreements with our private sector clients which may require that we only indicate the type of organization (e.g., large diversified manufacturer) rather than disclose its identity. Will this be acceptable to PBGC?

Yes

38 66

L.10.1 Volume

1, Section 1, Sub-Factor 1, a /

List item number 4

If possible, please clarify the definition of the type of transaction you mean by the secured transactions and general commercial law qualification? For instance, we are trying to better understand the PBGC's definition of a secured transaction.

A secured transaction involves a creditor who has perfected a first or second lien on assets of a company, under the Uniform Commercial Code.

General commercial law regards commonly encountered financing terms and conditions and

UCC principles.

39 1 Block 12 Can you explain what is meant by the "Discount Terms" field?

Block 12 of the SF 1449 provides a place for the offeror/contractor to type their proposed discount for prompt payment in percent. If the contractor did not provide a discount in their offer, the

Government would type in “Net 30” (which indicates there is not a prompt payment discount for the contract/order

40 1 Block 17a For the "Contractor/Offeror" field, is the firm name and address sufficient?

Here is a link to instructions for the SF 1449:

http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/F ormsPubsRegs/Forms/SF%201449%20instructions.d ocx http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/FormsPubsRegs/Forms/SF 1449 instructions.docx http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/FormsPubsRegs/Forms/SF 1449 instructions.docx http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/FormsPubsRegs/Forms/SF 1449 instructions.docx http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/FormsPubsRegs/Forms/SF 1449 instructions.docx

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41 1 Block 17a

For the "Code" and "Facility Code" fields, can we use the same code as for our prior solicitations to the

PBGC?

See link for filling out the SF 1449. The name, address and codes should be current and should be active in SAM.Gov [PD]

42 1 Block 17b Please clarify what is meant by the checkbox "if remittance is different and put such address in offer."

The Contractor will place an “X” in the block 17b if they have a remittance address that is different from that addressed in Block 17(a).

43 1 Blocks 21 - 24

Can the fields in blocks 21, 22, 23, and 24 be left blank if these are being provided in the Volume 4 Price

Proposal?

Yes they may be left blank in the 1449. The Pricing

Schedule in Section B must be filled out completely for the support area proposed.

44 1 Block 28

Does 1 physical copy need to be mailed to the PBGC, or is only the electronic submission per Section H.15 PBGC

52.215-7010 on page 47 necessary? If a physical copy is required, does it need to be postmarked or received by the PBGC by the due date in block 8?

Proposals shall be submitted in electronic version in accordance with Section H.15 of the solicitation. No hard copy required nor will hardcopy be accepted.

45 8 B.6.3 / 1 What is a NTE amount? Not to Exceed

46 17 C.3.1.2.9

There is a note in C.3.1.2.9 that states that "Task 3.1.2.8 is an option CLIN and separately priced at the task order level." To clarify, does this note reference Task 3.1.2.9?

Yes this is an error in the solicitation, the note refers to task 3.1.2.9

47 40 H.4.b.1.i Can you provide example(s) to help us understand scenarios where this clause applies?

Clause 52.209-7001 has to do with Organizational

Conflicts of Interest in many forms. For example, the work you do on this contract may generate other work at PBGC for which you would not be eligible to participate, it would be a conflict of interest.

48 40 H.4.b.1.ii Can you provide example(s) to help us understand scenarios where this clause applies?

For example, if you were to help PBGC develop a statement of work, you could not then compete for the contract to perform the work, it would be a conflict of interest.

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49 47 H.15 / (a)(1)

For the proposal file(s) submitted electronically, is

Adobe PDF format or Microsoft Word format preferable?

Either PDF or MS Word are allowable as long as the instructions are followed on the content format

50 75 I.1

Other than the SF-33 and SF-30 forms that are to be included in the Proposals per Section L.10.4.a on page

75 of the Solicitation, what other provisions or blocks need to be completed and submitted by the offeror in response to this Solicitation?

Mention of the SF-33 was in error. The contract document to be returned is the SF 1449 which is the first page of the solicitation document. If there are any amendments to the solicitation they will be on form SF-30. Each Offeror shall include the front page of each SF-30 fully executed (signed) to acknowledge acceptance and knowledge of the amendment(s).

51 60 J.4

For the Past Performance Reference Form, is the

"Contract Being Checked" field the name of the engagement that the Offeror worked on with the reference? Similarly, do the "Dollar Value of Contract" and "Period of Performance of Contract" fields relate to the engagement that the Offeror worked on with the reference?

Yes. The Government is looking for the Contract

Number and Title for the "Contract being Checked" the contract the Offeror worked on FOR the reference. "Dollar value" and "period of performance" are requested on the same contract.

52 64 L.8 / 1

Should the letter of transmittal be submitted electronically as its own separate file? If we are proposing both support areas (i.e., Transactions Support and Bankruptcy and Restructuring Support), should two letters of transmittals be submitted or one combined letter of transmittal)?

The Letter of Transmittal shall be included with the

Technical Proposal with no price information included. If proposing and submitting two proposals, there should be a letter of transmittal with each proposal.

53 69 L.10.1 / 2.4.a Can more than one Engagement Director be proposed for each Support Area?

Yes, but each Engagement Director identified as Key

Personnel must meet all the minimum requirements.

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54 69 L.10.1 /

2.4.a.1

For the table on this page, do we include 3 to 6 transactions that the Engagement Director worked on, or can the 3 to 6 transactions relate to any Key

Personnel (i.e., Engagement Director and any Task

Order Managers that may be appointed in the future)?

Same question for the 3 to 6 engagements to be included in the chart for the bankruptcy & restructuring support area at the bottom of page 70.

3 to 6 transactions relate to the Key Person identified, i.e., Engagement Director only. If there is more than one Key Person identified each Key

Person will have to meet the minimum requirements in Section H and 3 to 6 transactions will have to be listed for each Key Person. Task

Order Managers will be identified at the Task Order level and are not to be included here.

55 70 L.10.1 /

2.4.a.2

For the table at the top of this page, do we include 3 to

6 transactions that the Engagement Director personally served as an expert witness, or can the 3 to 6 transactions relate to any Key Personnel (i.e., Engagement Director and any Task Order Managers that may be appointed in the future)? Same question for the 3 to 6 expert witness engagements to be included in the chart for the bankruptcy & restructuring support area at the bottom of page 71.

Describe at least one (1) and no more than six (6) where Key Person served as an expert witness, in accordance with Section H. The requirement for three(3) instances where the Key Person served as and expert witness was in error. Task Order

Managers are not to be addressed in the proposal.

They will be addressed at the Task Order Level.

56 72 L.10.1 /

2.4.b.1

With respect to the statement that the resume for "One

Key Person is expected", can the resume for more than one key person be included?

Yes, but each key person identified will have to meet all of the minimum requirements in Section H for the applicable Support Area.

57 73 L.10.2 / 2

Can you confirm who the PBGC contract specialist that the Past Performance Questionnaires should be submitted to? Should be the Past Performance

Questionnaires be sent via email (if so, what is the email), or is a physically mailed copy also required (if so, what address)?

References are to email their Past Performance

Questionnaire (Attachment 3) to the PBGC contract specialist and contracting officer.

Poppe.david@pbgc.gov and thomas.roland@pbgc.gov

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58 75 L.10.4.c

For the Officers' Representations, Certifications, and

Other Statements of Offerors that is to be included in the Price Proposal, is a written statement consistent with Section K.2, 52.203-2 on page 61 of the RFP sufficient?

You may print the page out, fill it out and include it in volume 4.

59 75 L.10.4.a

Is the SF-33 form to be used as the cover sheet (or first page) of the volume the same as the Standard Form

1449 on page 1 of the Solicitation? If not, where can the SF-33 form be found?

Mention of SF-33 was in error. SF 1449 is the first page of the solicitation document and shall be submitted with proposal.

60 75 L.10.4.a Is there any SF-30 form applicable to this Solicitation that needs to be included in the Price Proposal?

No. So far no amendments (SF 30s) have been distributed. An amendment is anticipated. If there are any amendments distributed, the first page with signature is to be included so as to acknowledge receipt and acceptance of the amendment.

61 63 L.7 Are submissions typically in Word or PowerPoint format?

Typically in Word and some are converted to PDF.

The proposal may be in PowerPoint, PDFs, or whatever tool the submitter prefers in accordance with the instructions in Section L.

62 64 L.10

Please clarify the connection between the Advisory

Phase Questionnaire and the information provided in the RFP. Are there different deadlines for each? May examples used in the Questionnaire also be used in the

RFP?

Do not assume that any of the information provided in the advisory phase carries over. It does not. Refer to Section L of the solicitation for full instructions and deadlines.

63 65 L.10

Is the pricing proposal (Volume 4) submitted with

Volumes 1 and 2 or only after receiving an invitation to participate in the Oral Presentation?

Volume 4 is included with the initial proposal submission. Government expects Volumes 1, 2 and

4 in your initial proposal submission. Volume 3 is sent later if invited to participate in oral presentations.

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64 70 L.10

Do examples of Bankruptcy & Restructuring work need to be bankruptcy cases specifically or are out-of-court restructurings acceptable?

Either bankruptcies or out-of-court restructurings are fine.

65 71 2.4.

With respect to expert testimony, paragraph 2 requests

3-6 examples of where the Key Personnel has provided expert testimony, however the guidelines in Section H say that the Engagement Director needs to have provided expert testimony in "at least one significant bankruptcy". Please clarify which requirement governs

("at least one" or "3 to 6") or whether the Key

Personnel referenced in paragraph 2 on page 71 includes more than just the Engagement Director.

Engagement Director or Key Personnel must have provided expert testimony in at least one significant bankruptcy.

66 1,2,3 NA

Should Form 1449 (pp 1 - 3 of the RFP) be submitted via e-mail or the PBGC Secure Proposal site?

The SF 1449 shall be Included in Volume 4 and electronically submit per Section H.15 of the solicitation.

67 8 B.6.4

Please confirm that the fees being proposed by the contractor represent the maximum monthly fees that are allowed to be charged pursuant to any specific task order, but that the actual fees for a specific task order will be subsequently negotiated on a case by case basis based on the size and complexity of the specific assignment.

Yes, the pricing requested is the maximum monthly fees that the contractor is allowed to charge pursuant to any specific Task Order, and the actual fees for the task order will be proposed at those established maximum monthly prices, proposed perhaps with a discount, or negotiated down. The monthly price awarded in the IDIQ is a "maximum allowable" and will not be increased as a result of negotiation after award.

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68 14-Oct B.7

How should the fee proposal be structured to account for the fact that certain task orders may involve situations that are larger and inherently more complex than others? Should the contractor propose fees at the various effort levels that reflect fees for the most complex case based on the view that such fees would be subsequently negotiated lower by the PBGC and the contractor depending on the underlying complexity of the applicable task order? Or is it the expectation of the

PBGC that the fees will be the same for each of the effort levels regardless of the size and inherent complexity associated with the task orders?

PBGC typically reaches out to the anticipated IDIQ for support on large, complex cases, therefore all pricing proposed should reflect maximum pricing allowed to be charged for large, complex cases at the levels of effort described.

69 27 C.6 Please confirm that the Task Order Manager does not need to be identified at this stage.

That is correct. The Task Order Manager will be identified at the Task Order level.

70 34, 53, 54 G.1.1(f)/I.18/I.

Is the Offeror permitted to decline a task order for reasons other than a conflict of interest or is the contractor obligated to work on any task order if so requested by the PBGC?

Each Task Order will be competed among those holding a seat on contract for the applicable Support

Area. You may choose not to compete.

71 64 L.10

Should a placeholder for Volume 3 be included in the initial Proposal, even though the Oral Presentation is not part of the initial Proposal?

No, not necessary

72 75 L.10.4(a) Please provide the website address to download the appropriate SF-33 form.

SF-33 is mentioned in error in the solicitation. The correct form number is SF-1449 which you see on the front page of the solicitation

73 75 L.10.4(b)

Should all of Section B of the RFP be incorporated, or just the pricing schedules included on pp 10 - 14 of the

RFP?

Just include B.7, the Pricing Schedule. The Pricing

Schedule must be completed in full and included for the Support Area being proposed. The rest of

Section B will be incorporated verbatim into the contract.

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Question, Comment, or Clarification Answer

74 75 L.10.4(b)

If submitting a Proposal for only one Support Area, should the pricing schedule for the non-declared

Support Area be deleted in the Proposal?

Clearly state the Support Area proposed and the other part of the pricing schedule may be left blank or deleted

75 75 L.10.4(c) Should Section K of the RFP be pasted as an image or re-typed to address the item in L.10.4(c)?

The Offeror may print, fill out Section K and include in Volume 4. Section K needs to be included and filled out.

76 NA NA

Will the PBGC agree that Contractors will be indemnified except to the extent of their bad faith, gross negligence or willful misconduct?

PBGC cannot agree to provide indemnification or liability protections to the contractor. Any disputes between the government and the contractor will be handled in accordance with the Contract Disputes

Act, codified at 41 U.S.C. § 7101-7109, and incorporated into the solicitation and the contract by reference in FAR 52.212-4, Contract Terms and

Conditions—Commercial Items (Jan 2017). PBGC can address concerns with specific vendors down the road, if necessary.

77 NA NA

Will the PBGC agree that Contractors will not have liability to the PBGC except to the extent of their bad faith, gross negligence or willful misconduct?

Alternatively, would the PBGC agree that Contractor liability to the PBGC will be capped at the amount of fees paid to Contractor under the Task Order except to the extent of the bad faith, gross negligence or willful misconduct of Contractor?

PBGC cannot agree to provide indemnification or liability protections to the contractor. Any disputes between the government and the contractor will be handled in accordance with the Contract Disputes

Act, codified at 41 U.S.C. § 7101-7109, and incorporated into the solicitation and the contract by reference in FAR 52.212-4, Contract Terms and

Conditions—Commercial Items (Jan 2017). PBGC can address concerns with specific vendors down the road, if necessary.

Solicitation

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Solicitation

Section/

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Question, Comment, or Clarification Answer

78 69

Section 2, Sub-

Factor 4, Paragraph 2

Please confirm that the resume of a Task Order

Manager candidate is not requested at this time.

No resume for a Task Order Manager is required at this time. That is correct.

79 72

Section 2, Sub-

Factor 4, Paragraph 1

Please confirm that the resume of the one key person should be included in the body of the proposal and not as an annex to the proposal.

The resume shall be in response to Section L of the solicitation that lists it as a requirement to be contained in Volume 1, Section 2, Sub factor 4.

80 77 Section M. 2

Please clarify as to whether or not the government expects to receive Volume 4: Price Proposal along with

Volumes 1 and 2 or if offerors should wait to submit their price proposals until they have been invitee to participate in Phase 2 of the evaluation.

Initial submission includes Volumes 1, 2 and 4. Per the solicitation, only Volume 3 is submitted later after receiving and invitation to participate in Oral

Presentations.

81 37 Section H.1

If the Engagement Director does not meet all requirements, such as partner equivalent for 5 years and expert witness in at least one engagement, does that serve as a disqualifier?

Yes

82 60 Section J.4 Att

D

Can one of the references be an employee of the PBGC

Corporate Finance & Restructuring Department? If so, how do you suggest we correspond with that employee before the solicitation is due?

References may be PBGC if it is a PBGC contract that was supported. The COR contact information in the contract would be the appropriate place to start the coordination or other identified lead on the contract being referenced. Correspondence shall be in the context of gathering a reference and in writing via email.

83 63 Section L Can any questions be asked beyond the June 7th deadline?

No, all questions must be received by 1 pm ET / June

7th deadline.

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Question, Comment, or Clarification Answer

84 77-78, 10, 75 M.2, L.10.4, and B.7

To clarify, the proposed pricing (including the hypothetical pricing schedule in section B.7) is NOT part of the proposal materials we are to submit on June 21, correct?

The initial proposal to be submitted at proposal due date listed in the solicitation consists of Volume 1

(Technical), 2 (Past Performance) and 4 (Price). Only

Volume 3 (Oral Presentations) is sent later if invited to participate in oral presentations and according to directions in the invitation.

85 67, 75 L.10.1, L.10.4.e

If we are considering a sub-contracting or teaming arrangement with a third party, should we cover it at this stage in Volume 1, Section 1, Sub-Factor 2.

Technical Approach or elsewhere?

The solicitation requires adequate documentation of the teaming arrangement as instructed in paragraph

L.10.4 e. You may provide further information as it relates to your Technical or Management Approach, but it does not substitute for the information required in Volume 4.

86 72 L.10

Does the "Letters of Commitment" provision apply only to pending direct employee hires of the Offeror, or to potential sub-contractors also?

The requirement for "letters of commitment: is only for pending "direct" employee hires to be Key

Personnel for this requirement.