Questions.pdf

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Attached to
Economic Studies of FDA Regulations
Solicitation number
AmendedRFP121020
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About this file

This document is a set of questions and responses related to a Request for Proposal (RFP) issued by the Food and Drug Administration (FDA) for a contract opportunity titled "Economic Studies of FDA Regulations".

The key details are:

  • The RFP indicates that the Service Contract Labor Standards (FAR 52.222-41) may not be applicable as the work primarily requires professional services rather than extensive use of service employees. The FDA is considering removing the applicability of this and related clauses.
  • The pricing evaluation will be based on the fully burdened labor rates provided, excluding any separate material handling charges.
  • The contract will allow for non-labor Other Direct Costs (ODCs) to be proposed on a task order basis.
  • The RFP allows for the inclusion of mid-level staff categories in the price proposal.
  • All task orders under this contract will require a moderate level of FIPS security due to the confidential nature of the work, and PII requirements will apply as relevant.
  • 508 compliance applies to final task order deliverables.
  • The proposal due date has been extended to 10AM EST on 07/03/2024, with no late submissions accepted.

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Questions for FDA-RFP-121020

1. On page 41 of the RFP, FAR 52.212-5, FDA checked the applicability box for (1), 52.222-41, Service Contract Labor Standards (AUG 2018). Based on the Performance Work Statement (PWS) and provided RFP labor categories, this Solicitation appears that it will not result in the award of a service contract vehicle. The principal purpose of the PWS is not the furnishing of services through the extensive use of service employees.

The PWS requires professional services performed essentially and substantially by bona-fide executive, professional, and administrative personnel which are an exception to the Service Contract Act. Performing the PWS specifically requires highly qualified managers, economists, programmers, analysts, and editors to perform the work. As such, the Service Contract Act should not apply to this Solicitation. Would FDA de-select FAR 52.222-41 on page 41 as it is not applicable to the work that will be performed, and additionally de-select the applicability check for FAR 52.222-42 and 52.222-43? The above referenced FAR clauses were not checked as applicable under the incumbent contract.

Done

2. On page 69, Price Evaluation, it states that “The combination of the prices for labor hours and the material handling charge will be the total price for evaluation purposes.” Since the required Attachment 4-Pricing Schedule only requires the insertion of fully burdened labor rates that would include any indirect costs such as material handling charges, would FDA please delete the reference to “material handling charge.”

It is correct that the pricing schedule only requires the fully burdened wages. We defer to the CS or CO to determine if it is necessary to remove the reference to ‘material handling charge’ from the RFP.

3. Please confirm that any non-labor other direct costs (ODCs) will be proposed on a task order basis under any resultant contract, and that the fully burdened labor category rates to be inserted in Attachment 4-Pricing Schedule excludes any ODCs.

Yes, the task order proposals would include any relevant non-labor costs.

4. Could bidders include mid-level staff categories (specifically, mid-level economist, mid-level programmer, mid-level analyst) in the price proposal to allow for more flexibility in staffing task order requests? (pages 5-7)

Yes, the title ‘junior’ for the categories of economist, programmer, analyst as listed in the RFP are intended to cover mid-level staff positions.

5. Can FDA please confirm that FIPS moderate security will only be required for specific task orders and not for every task order? (page 10)

Questions for FDA-RFP-121020

We expect that all task orders under this contract will require a moderate level of security due to the confidential nature of the work performed by the agency.

6. Can FDA please confirm that PII will only apply for specific task orders and not for every task order? (Page 11)

PII will apply to task orders as relevant and appropriate.

7. Will the 508 document be needed preaward or is that a post award action? (page 32)

508 compliance applies to final documents that are submitted as task order deliverables.

8. Could FDA please extend the due date to July 3, 2024?

Proposal due date extended to 10AM EST on 07/03/2024 no late submissions will be accepted.

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