Solicitation Term and Condition Amendment 05_Clarifications_082808.doc

Solicitation SAQMMA08R0237 Amendment 05

1. Clarification of Service Disabled Veteran-Owned Business set-aside pursuant to M.1 of the solicitation.

Section M.1 of the solicitation states “One of the awards shall be set-aside for an eligible service-disabled veteran-owned small business concern. If no service-disabled veteran-owned small business concern submits a fully-compliant, qualified proposal, one of the awards will be set-aside for an eligible 8(a) small business concern.” This set-aside is a partial set-aside and FAR Part 15 competitive proposal is applicable as stipulated in FAR 19.502-4(a). Additionally, SDVOSB’s that are awarded a place on the basic ID/IQ shall comply with 52.219-14 which states that “By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

This clause applies to all contracts which are designated as a total or partial set-aside. This clause is applicable for the basic ID/IQ and all competitive and set-aside task orders. As stipulated in FAR 52.219-14 this clause does NOT apply for non set-aside portions of a contract. Should an SDVOSB be awarded a place on the basic ID/IQ on the non set-aside portion of the contract FAR 52.219-14 will not apply.

2. Clarification of CAS requirements for small business pursuant to Attachment A of the solicitation.

Small businesses are exempt from CAS requirements however as the clause states “If Offer does not have an adequate job order cost accounting system, then Offeror must submit evidence that it has an adequate job order cost accounting system to accumulate, segregate, and report costs incurred under cost reimbursement contracts.”

3. Attachment A, Labor Categories/Rates Summary Section 2.b

Question: Our Labor Category rates apply to all members of the team to include the prime and each subcontractor. The labor category rate does not change for any team member. These rates are not blended nor do we have any divisions, etc. Our team rates are the prime’s/offeror’s rates and the subcontractors are required to use the prime’s/offeror’s rates. Why must we submit rates on subcontractors that are using the prime’s rates, if the prime’s rates are considered fair and reasonable by the government? We request that we not be required to duplicate effort and use our limited bids and proposal budget by submitting the same rates that will not change except to be discounted at the Task Order level by the prime/offeror only. We further request we be allowed to note this in our Pricing Notes without submitting sealed packages for each subcontractor that is going to use our rates anyway.

Answer: To be determined responsive and responsible, all offerors shall comply with instructions stipulated in Attachment A.

4. Attachment A, Labor Categories/Rates Summary Section 2.g

Reference: Labor hours for each labor category will be paid at the same negotiated fully-loaded fixed hourly labor rate, regardless of whether the individual performing the labor works (either as an employee or consultant) for the prime contractor or a subcontractor. The negotiated fully-loaded fixed hourly labor rates will be fixed for the contract period.

Question: If our teams Labor Category Rates are the prime’s/offeror’s rates, and are neither blended nor subcontractor rates then per 2.g “Labor hours for each labor category will be paid at the same negotiated fully-loaded fixed hourly labor rate, regardless of whether the individual performing the labor works (either as an employee or consultant) for the prime contractor or a subcontractor. The negotiated fully-loaded fixed hourly labor rates will be fixed for the contract period.”, By 2.g and the fact we are only using the prime’s rates then our rates will not change. Again, why must we submit subcontractor rates that are the same as the prime’s?

Answer: To be determined responsive and responsible, all offerors shall comply with instructions stipulated in Attachment A.

5. Delete Section G.5 and replace with the following:

G.5

ORDERING PROCEDURES (11/96)

(a) In accordance with FAR 52.216-18 "ORDERING," the following individuals and activities are authorized to issue delivery orders or task orders hereunder: Department of State Contracting Officer

(b) Orders placed under this contract shall contain the following information:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Security clearance level(s), applicable to the order, if any; and

(9) Any other pertinent information.

(c) Issuance of orders by facsimile is authorized in accordance with FAR 52.216-18 "ORDERING."

(d) Each Contractor shall be provided a fair opportunity to compete for each task order for requirements that are not satisfied by direct orders under G.6 below. Two (2) task orders, over the total period of performance, will be designated as a Service Disabled Veteran-Owned Small Business set-aside. The set-aside will be determined at the discretion of the Government and there is no guaranteed minimum task order value.

(e) A Task Order Request for Proposal (TORP) shall be issued in writing to the Contractor by the Contracting Officer or the Contracting Officer's Representative (COR) and will describe the specific support required by the Department of State. A TORP is a request for proposal; it is not a Task Order and does not authorize performance.

(f) Each TORP shall include, at a minimum:

(1) A list of the services to be performed and/or supplies/equipment to be delivered;

(2) Reporting, briefings, and/or other deliverable requirements;

(3) The estimated period of performance or required completion date;

(4) Any specific proposal preparation instructions; and

(5) Technical proposal evaluation criteria if price alone will not be the basis for award of the task order.

(g) The Contractor shall, within ten working days of the receipt of a TORP, submit to the Contracting Officer a written technical proposal and a separate detailed cost proposal that conform to the requirements of the TORP.

(h) The Contracting Officer’s Representative shall review the proposal and forward his or her written recommendations, to the Contracting Officer. Following successful negotiations of the Contractor's proposal, the Contracting Officer shall issue a written Task Order to the Contractor providing the necessary funding and authorizing the Contractor to begin work.

(i) The Government shall not be obligated to pay the Contractor any amount in excess of the total Task Order amount.