Attachment_1_MEETING_NOTES_and_Q A.docx

MRG-RIP Program and Science Support Services (PASS) Pre-Proposal Conference Meeting Notes June 1, 2016

Welcome Solicitation Number and Title

· R15PS00594 MRG-RIP Program and Science Support Services Introductions

· Government Presenters were introduced.

Jared Van Buskirk— Contracting Officer Staci Williams—Contract Specialist Technical Representative— Technical Representative— Technical Representative—

Purpose of this Meeting

· To provide prospective contractors with a common understanding of the requirements.

· To summarize the quotation submission instructions.

· To summarize our evaluation process.

· To discuss important contractual issues.

· To comment on and answer questions to the solicitation.

· To offer a networking opportunity for attendees.

Disclaimer

· In the event of a conflict between the information presented or discussed in this meeting and the information in the solicitation, the solicitation shall control.

Today’s Agenda

· Brief overview of the main topics below.

Discussion of Solicitation - Staci W.

Key Aspects of Solicitation

· Reiteration of Key aspects of solicitation:

· This is a commercial item acquisition using FAR Part 12 and Subpart 13.5 procedures.

· This is an acquisition for professional, advisory and assistance services.

· This is a performance-based acquisition.

· The contract type will be firm-fixed-price (FFP).

· The anticipated period of performance is 1 year with 4 option years (max. 5 years).

· The place of performance will be contractor’s facility and BOR facilities in and around the Albuquerque Area Office.

· This acquisition is open to all business sizes (not set-aside), but with notable subcontracting opportunities.

Quote Submission Instructions

· Closely follow the instructions in Attachment B—Quote Submission Instructions.

· Submit quotes electronically via email.

· Submit quotes in two separate volumes/files: 1) Technical Quote and 2) Price Quote.

· For Technical Quote, closely follow the formatting instructions and 4 section headings.

· Be sure to demonstrate your technical quality, don’t just restate Government requirements.

· For Price Quote, be sure to include all necessary information (e.g. DUNS, TIN, POC info, etc.).

· We are requiring a pricing table for each year with the loaded labor rates and labor mix used to develop your FFP. The contract will be FFP, but labor rates will be used as the basis of determining a fair and reasonable price and may be used for negotiating future modifications.

· Include your quote for travel in the FFP as described in the table based on the anticipated meeting schedule in the PWS. (However, actual travel costs under the contract will be reimbursed on actual costs incurred in accordance with the Federal Travel Regulations.)

· One optional task is possible for Years 2-5 of the contract. Don’t include in Year 1.

· Include any and all assumptions/conditions used to develop your Price Quote. Err on the side of providing more assumptions/conditions.

Evaluation

· The Government will award to the quoter that represents the best value.

· The evaluation factors are: 1- Technical Approach, 2- Past Performance, 3- Key Personnel, 4- Schedule, and 5- Price.

· All Technical factors (Factors 1-4) are more important than Price (Factor 5).

Discussion of Requirements - Ann D.

Objective

· Summary of objective from the PWS.

Background

· Provide relevant background information from the PWS. RIP procedures could change throughout the contract- the plans are not set-in-stone, it is adaptive.

Tasks

· Summary each task area from the PWS:

· Task 1. Program Management Services

· Task 2. Science Coordination Services

· Task 3. Other Technical and Administrative Support Services

· Task 4. Optional - Website Hosting and Data Management System O&M Other Performance Requirements - Ann D.

Deliverable/Data Requirements

· Inform attendees to ensure that they can comply with all deliverable and data requirements of the PWS, particularly the special data requirements of Part 3 of the PWS.

· Discuss the requirement to provide deliverables such as budgets and annual reports in draft form for COR comment and approval.

· Discuss the need to provide deliverables such as agendas and meeting packets in advance of commencement dates.

· Discuss the requirement to provide data and deliverables in appropriate electronic formats (e.g., .doc, .xls, .pdf, etc.)

Meetings

· Attendance at meetings is a requirement of the contract. Currently, the EC meets monthly, other work groups may meet as frequently as monthly, and meetings are currently expected to be in-person.

Intellectual Property / Data Rights

· Informed attendees that the Government rights in data clause is included and applies to all work products developed by the contractor under this contract. This grants the Government unlimited rights to data and other works created under the contract.

Publication

· Discussed that although the rights in data clause authorizes the contractor to use and publish data created under this contract, additional restrictions and approvals from BOR personnel are required as described in the PWS.

Other Contract Considerations - Jared V.

Conflicts of Interest

· Discussion COI issues:

· Firms may not perform under this contract if they have an actual or potential COI that leads to an unfair competitive advantage (e.g., developing the SOW) or biased judgement (e.g., providing advice on a new policy that favors the contractor’s firm financially).

· Quoters have a responsibility to review the solicitation and ensure they do not have a COI.

· COIs could arise after contract award. Contractors have an ongoing responsibility to look for and alert the Government of an actual or potential COI.

Advisory and Assistance Services

· Discuss AAS:

· The contract does not permit the contractor to perform any inherently Governmental functions (IGFs).

· Prohibited activities are discussed in the Part 2 of the PWS.

Scientific Integrity

· Since this contract involves the development and use of scientific data, the contractor must comply with DOI and BOR policies on Scientific Integrity.

IT Security Requirements

· Since this contract involves the option for website hosting and data management system O&M, the contractor must comply with DOI and BOR IT standards.

Subcontracting Plan / Goals

· Since the contract is not set-aside for small businesses, large business quoters must submit a Subcontracting Plan with their offers. Small business quoters do not need to submit a Subcontracting Plan.

· Subcontracting Plans must be developed in accordance with FAR 52.219-9.

· DOI subcontracting goals are below, but quoters are encouraged to exceed goals as appropriate:

DOI Subcontracting Goals for FY16

Q&A - Jared V.

Q. Task 3.3 Other technical support – An example of such work A. Could include field work, monitoring, scientific studies and research—open-ended, dependent on current action plan, action plan and long-term plan to be developed

Q. What would be an example of COI in that context (Of example above).

A. For that work, not as much potential for conflict. More an issue in developing PWS’s then not being able to bid on that contract.

Q. On sub-contracting- on the science advisory panel- are those individuals going to be subcontractors under the PASS contract? Or will they be sub-contracted from other areas of the program?

A. Those will not be sub-contracts under this requirement.

Q. This contract is predicated on the program becoming a RIP?

A. The PASS is needed whether it transitions or not, but needed now and during transition to a RIP.

Q. Technical question—has there been any consideration of putting this contractor in a Government facility to work closely with the Government?

A. It has been discussed and deemed inappropriate.

Q. This is FFP, but it is nebulous task—there could be several changes, but you have indicated to make lots of assumptions, so the question is: would a permissible response be to respond based on a minimum and setting out the range of tasks, and then that would be negotiated after contract award?

A. We do not want to go into the solicitation with the concept that we will negotiate after the award—However, if the solicitation is too nebulous to create an FFP quote, then submit that to us in writing with more detail, and we will examine it further.

Q. Examples of nebulous items- how many people on the science panel? Another example, you’ve indicated that the contract may need a hydrologist, how do we bid if we don’t know whether that is needed or not?

A. We would ask you to give your best estimate and provide input on how you would propose the work.

Q. The RFP sets out an ambitious but broad scope, with many tasks to be determined in the future. Yet the RFP also requests a firm-fixed price bid. It is difficult to respond appropriately without setting out very extensive assumptions in the bid, and setting high dollar levels (which we will perforce be bound to) in our response. This does not seem to be beneficial to the government. We also suggest it will lead to extensive contract negotiation and modification.

Will the Bureau consider modifying the RFP to allow for a response that will be more beneficial to the government, and more reasonable to bidders? One option would be to amend the RFP to make it an IDIQ, with staffing qualifications and rates, rather than a firm fixed price award. Another option would be to provide for the initial work in an interim period to be FFP, but for tasks thereafter to be IDIQ, or otherwise awarded. A third option would be to eliminate the option years under this contract.

A. The Government understands the potential issues related to submitting a quote for this project with the potential unknowns. However the Government will not select a higher risk contract type to resolve those issues. Rather, the RFQ is amended to provide prospective contractors with estimated hours for each year of the contract.

Q. The RFP discusses the separation of roles between science management under this contract and actual science and management on the River, in particular the need to avoid conflicts of interest. One such conflict would be if the awardee under this contract were to lead and participate in the design of work-plans, and then to be awarded a contract to carry out that same work. Can the Bureau provide additional information that would set the limits for conflicts of interest?

A. The FAR describes the need to mitigate OCI both prior to and after award of contracts. Types of OCI are not defined in the FAR, however GAO has consistently classified OCI into three types, which are then used in making Comptroller General decisions on protests related to conflicts of interest:

Unequal Access to Information – A firm has access to nonpublic information as part of its performance of a Government contract and that information may provide the firm a competitive advantage in a later competition for a Government contract. (See Aetna Gov’t Health Plans, Inc., Comp. Gen. Dec, B-254397, July 27, 1995). The test for determining whether nonpublic information confers an unfair competitive advantage requiring resolution is:

· whether the information was unavailable to potential offerors;

· whether the nonpublic information would have been useful in responding to a solicitation; and

· whether the contractor would be afforded an unfair competitive advantage by having access to the nonpublic information.

Biased Ground Rules – A firm, as part of its performance of a Government contract, has in some sense set the ground rules for another Government contract by, for example, writing the statement of work or the specifications. (See Aetna Gov’t Health Plans, Inc., Comp. Gen. Dec., B-254397, July 27, 1995).

Impaired Objectivity – A contractor's judgment and objectivity in performing a contract’s requirements may be impaired due to the fact that the substance of the contractor's performance has the potential to affect other interests of the contractor. (See Alion Science & Technology Corporation, Comp. Gen. Dec., B-297022.3, January 9, 2006). This conflict contains two elements:

· whether there is the use of subjective judgment by the contractor, and

· whether a contractor has a financial interest in the outcome of its performance