Questions_and_Answers.docx

DCMA

Litigation Support Services Solicitation Number: S5121A-16-R-0016 Questions and Answers

1. Please advise if the government regularly uses external litigation support consultants to advise on accounting and financial matters. (or if this is the first time services of this type have been procured by this program office).

ANSWER: The government procures these services on an as needed bases, the Defense Contract Management Agency has procured these services in the past.

2. If DCMA has used external litigation support consultants in the past 1-2 years, please provide the names of firms that have provided such services.

ANSWER: DCMA has not procured these services in past 1-2 years. However, this type of requirement was procured in FY12.

3. Section 52.212-2 states “The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.” This RFP language indicates that Technical Capability is a key element in the award decision, and is similar to language used in RFPs that are awarded on “Best Value” basis.

Section 52.212-2 also states that “Given, that the evaluation of quotes will be conducted using Lowest Price Technically Acceptable (LPTA) procedures, award shall be made to the offeror whose proposal is found to be technically acceptable in every non-price factor and represents the lowest price to the Government.

a. Please confirm our understanding that the government intends to make the award based on LPTA basis. (or clarify as needed).

ANSWER: Confirmed, the award will be made on an LPTA basis.

b. If the award is being done on a LPTA basis, please identify clearly the criteria to be used to assess whether a specific bid is technical acceptable. i.e. the specific (exact) attributes that the proposed personnel and bidding firm must have in order for a bid to be deemed “technically acceptable” for procurement.

Element 1 and Element 2 of the Instructions to Offerors ask bidders to describe their expertise and experience in Cost Accounting Standards and Litigation Support. However, it does not identify the minimum level of expertise that is required in order for a bidder to be judged as “technical acceptable”. As a result, the actual evaluation criteria to be used by the government (in determining whether a bid is technical acceptable) is not apparent from the solicitation.

ANSWER: An amendment has been posted to FBO outlining the DCMA’s minimum requirement.

c. In making the award, please advise if the government places a higher emphasis and value on (1) expertise of the winning firm (and personnel providing service) or (2) acquiring litigation support services at a low cost. Due the size/nature of the pending litigation, we’d expect that the expertise/experience of the awardee and its proposed personnel would be very important to this program office.

ANSWER: DCMA is making an award based on Lowest Price Technically Acceptable. With this noted award will be made to the offeror who is determined acceptable in all non-price factors and provides the lowest price to the Government.

4. Please provide a list and description of the “Non-Price Factors” that are referred to in Section 52.212-2.

ANSWER: Non-Price Factors are 1) Technical Capability and 2) Past Performance

5. Please extend the proposal submission date to 5 business days after the answers to Q&A have been released. This will allow bidders to consider the additional information provided, and incorporate it in their response.

ANSWER: Request denied, due to the timeframe of the award we cannot extend the submission deadline by 5 business days. However, DCMA will extend the submission deadline to September 21, 2016 at 12:00PM (noon).

6. There are many small businesses providing litigation support services to Federal agencies and commercial companies. We respectivefully ask the government to update the Evaluation Factors to include a preference for offers from small businesses and/or women-owned businesses.

ANSWER: Request denied.

7. We respectfully ask DCMA to either set this aside for small businesses and/or women-owned businesses or to make size part of the evaluation criteria. We can help DCMA meet its WOSB goals.

ANSWER: Request denied.

8. It has been our experience that the type of attorneys and accounting professionals that are needed to win this claim for DCMA are not low price (LPTA) personnel. Pratt & Whitney will be putting their top team of attorneys and accountants and experts on this claim because they want to win. We encourage the government to reconsider the LPTA award criteria and make an award based on best value so the government team can recoup their investment in this litigation and win.

ANSWER: Request denied.

9. We would very much appreciate an extension too since this is an involved proposal.

ANSWER: Please reference question 5, DCMA is extending the solicitation deadline to September 21, 2016 at 12:00PM (noon).