Solicitation Term and Condition Amendment 06_Clarifications_090208.doc

Solicitation SAQMMA08R0237 Amendment 06

1. Clause L.4 paragraph 1 is deleted and hereby replaced with the following:

L.4

GENERAL INSTRUCTIONS AND FORMATTING

This section will specify the contents and formatting for the Offeror to use when preparing and submitting their proposal. The entire proposal shall consist of three (3) separate volumes as follows:

Name/Title

Volume No.

Copies Technical Proposal (No Pricing Data) I

1 Original, 5 Copies & 2 CDs

Price and Section K (Reps and Certs)

II

1 Original, 5 Copies & 2 CDs

Small Business Subcontracting Plan

III

1 Original, 1 Copy & 1 CD

2. Clause M.1 is hereby deleted and replaced with the following.

BASIS FOR AWARD

Four or more awards will be made under this solicitation to the responsible and technically acceptable offerors whose proposals provide the greatest overall value to the Government, price and other non-price factors considered. The Government reserves the right to make more or fewer awards. 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veteran-owned small business concern submits a fully-compliant, qualified proposal, the set-aside shall be withdrawn. For this solicitation, technical merit is significantly more important than cost or price; the Government is more concerned with obtaining quality training and advisory services, equipment procurement, logistical support services, and construction services than with making an award at the lowest overall cost to the Government. However, DOS will not make an award at a significantly higher overall price to the Government to achieve slightly higher quality deliverables. Specifically, as technical merit becomes more equal, cost/price becomes more important. The Contracting Officer shall determine what trade-offs between technical merit and cost/price offers the greatest overall value to the Government, cost or price and other non-price related factors considered.

3. 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, If no service-disabled veteran-owned small business concern submits a fully-compliant, qualified proposal, the set-aside shall be withdrawn. ” 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.

The only exception to this clause is when an SDVOSB subcontracts with an SDVOSB (s). This subcontract arrangement permits all employees of each SDVOSB to count toward the 50% performance requirement as stipulated in CFR 125.6(b) “Prime Contractor’s Performance Requirements (Limitation of Subcontracting)”. If the prime SDVOSB subcontracts any portion of the contract to a non-SDVOSB, the non-SDVOSB’s performance shall not exceed 50% of the combined total of all task orders awarded during a six month interval. 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.

CLARIFICATIONS:

Mission Essential Personnel – General Pricing Question Set

1. REFERENCE: The requirement to propose certain pay supplements, such as hardship pay, as ODCs, is inconsistent with our disclosed and audited accounting system and our approved indirect rates. Our approved indirect rates are inappropriate and inaccurate for use as the solicitation requires. Our intention is to propose according to the solicitation requirements, and we will not be able to use our approved rates, or our disclosed practices. This means that our proposed indirect rates will be inconsistent with our disclosed practices.

Question: Will the Government accept our approach as technically acceptable?

Answer: This is a pricing question therefore technically acceptable does not apply.

Answer: CLIN structure is not an accounting practice or disclosure statement issue. accounting practice and disclosure statements have to do with process a company utilize to burden costs, not the classification of those burden cost in a bid therefore; the CLIN structure remains as stipulated.

2. REFERENCE: The required page limits for the Task Order Price Proposals [Vol. II] remain unrealistic. Some task orders have five page limits for the Pricing volumes, yet the specified details require six or more large tables. If we restrict the proposed information in order to meet the page limits, the Government is not likely to receive all the information it needs, and certainly will not have it in a usable format.

Question: Would the Government please consider elimination of the page limits for the Task Order Pricing Volumes [as is conventional practice]?

Answer: The page count for each Task Order remains unchanged.

TORP 1 Question Set

1. Troop Strength: Attachment D conflicts with Questions 209, 313 and 354. Please answer the following:

a. What is the final target troop strength by country in Somalia for sustainment by country?

1. Uganda – 1,750

2. Burundi – 1,700

3. Nigeria – 750 (possible increase to 850, to be confirmed).

b. How many of the total target number of troops are already in Somalia, by country?

1. Uganda – 1750

2. Burundi – 850 (1,700 by the time period of performance begins).

3. Nigeria – 0

c. Which Troops, by number and country, will have to be moved in for this TORP?

1. At least one rotation of each contingent should be expected to take place during the period of performance. Nigeria is the only initial deployment expected to take place during the period of performance.

d. Which Troops, by country and number, will have to be moved out for this TORP?

1. For each rotation of fresh troops into the country, there will be a movement of troops out of the country.

e. What is the new schedule for these movements?

1. This is contingent upon operational requirements of the TCC’s. Contractor should propose flights based on estimated requirements, and not on schedules. Contractor needs to be prepared to adjust to rapidly evolving timelines and schedules.

Equipment Transport: Attachment D conflicts with Questions 209. 313, 354. What countries will need what equipment shipped from which location to which location?

Answer: Contractor shall propose one of each equipment item being requested for procurement to be delivered to the host country, the items for Nigeria are announced in attachment 1 of TORP 1 and are estimates of sustainment items only, these items will be transported to Somalia as sustainment food and material/equipment support. “Attachment 1 “standard battalion size equipment” is referenced for the contractor to propose against, This list is what we know will most likely be transported by the Nigerians from Nigeria to Somalia. The remaining equipment procured by the contractor and not used for training in the initial deployment stage referenced as “new equipment training” in the host country, will be delivered directly to Somalia. This level of effort will only pertain to Nigeria, since the other two TCC have already deployed to Somalia. All three TCC will require sustainment items as announced and at the levels proposed in question 1 above.

Question 382: Includes a new requirement for the transport of Equipment to Nigeria. This new requirement will require at a minimum, a revision to the procurement plan, the transportation plan, and the staffing plan. Will a more reasonable extension be granted to rework these plans and obtain new pricing with the requisite documentation to support?

Answer: State doesn’t perceive an extension for this requirement only to be necessary. The procurement plan is to be submitted with proposal, on the due specified for the contractor to be technically compliant. This is due to the limited amount of procurement that will actually be required by the contractor. Most of the level of effort will require the contractor to establish a Hub for items to be centrally located prior to delivery to Somalia. However the contractor in all cases will be required to deploy personnel to each of the TCC’s to coordinate movement of troops as stated in “3. Place of Performance Work shall be performed at the contractor’s own facilities and on-site(s) in Burundi, Nigeria, Somalia, and Uganda as necessary, with the exception of Nigeria, the contractor will need to coordinate movement of troops and equipment as well as establish a training program prior to the deployment.

Question 382: Refers to the transport or Ammunition for the first time in TORP 1. Is it anticipated that AU forces will be receiving ammo from stocks already in Somalia?

Answer: No, There is no stock of ammo for the AU forces in Somalia. Each of the TCC’s will require ammo to be delivered in the initial deployment. Contractor is allowed to propose as many as six ammo flights for this effort (two flights for each TCC. The quantity of ammo varies from one TCC to the other. Additional flights may be granted as directed by the COR.

Question 382: As a follow up to question 3.b above, if AU forces will not be receiving ammo in country, are we to guess at an amount and type and plan to transport it from the home country in addition to individual equipment and weapons?

Answer: SEE answer to 2 c above Question 382: As a follow up to question 3.b above, will contractor be asked to properly transport ammo in Somalia?

Answer: Yes.

Follow up to question 2.f above: If being asked to price the transport of ammo, from where to where and in what amounts and types are we to price the movement of this unspecified ammo?

Answer: Each of the TCC’s will require ammo to be delivered in the initial deployment. Contractor is allowed to propose as many as six ammo flights for this effort (two flights for each TCC). The quantity of ammo varies from one TCC to the other. Additional flights may be granted as directed by the COR.

Procurement: Attachment D (TORP 2) states in paragraph 2 Task 1-Transportation, bullet 1.0 that “transportation and equipment for the movement of AU sponsored Ugandan, Burundian and Nigerian military peacekeeping forces to Somalia, as specified in Attachment 1”. Attachment 1 is labeled “Standard Battalion Support Requirements for Nigeria”. How are we to infer from Attachment 1 what the Nigerian, Ugandan and Burundian transportation requirements are?

Answer: Task 1 – Transportation: “STATES” The Contractor shall provide all necessary transportation and equipment for the movement of the AU-sponsored Ugandan, Burundian and Nigerian military peacekeeping forces to Somalia, as specified in Attachment 1. In the case of Uganda, the contractor shall also provide the necessary transportation to facilitate rotations of UPDF personnel. In addition, the contractor shall transport all sustainment items necessary to support deployed forces.

Attachment 1 also states that these are estimates for Nigeria.

Answer: Burundi attachment clearly shows the requirement as does the Ugandan attachment.

Attachment D (TORP 2) states in paragraph 2 Task 2 Support Services, bullet 1.0 states that we are to “provide logistics support services necessary to sustain the continued deployment of peacekeeping personnel, as coordinated by the Department of State. To this end, the Contractor shall furnish deployed troops with those items specified in Attachment 2”. Attachment 2 is labeled “Burundi Battalion Support Requirements”. How are we to infer Ugandan and Nigerian Support Services requirements from this attachment?

Answer: Attachment 2 is labeled “Burundi Battalion Support Requirements” And “Uganda Sustainment” also as attachment 2. However the contractor should have some idea of common items that are associated to sustainment of military forces. As to the support services of the Nigerians contractor shall reference attachment 1 for the sustainment items which by all accounts are most typically the same as Burundi and Uganda.

Will the DOS please answer question 211 as to whether the un-labeled and un-referred to Uganda attachment is meant to be part of either Attachment 1, 2 or its own attachment?

Answer: It is reference as part of attachment 2.

If DOS can clarify how to interpret the attachments, please note that attachments 1, 2 and Uganda are not consistent. Where consumption rates are provided they do not coincide with the extended data in the table. Where usage data is not provided can it be assumed that this is a one time purchase of supplies?

Answer: Yes.

Will the DOS give clear guidance on one time procurement items as opposed to sustainment items and provide legible usage data.

Answer: No. The burn rates vary. The commanders will typically provide a memo to the contractor if quantities needed are in excess of what has been allocated to them. However, contractor should assume that personal hygiene items, sanitation items, fuel and lubricants and basic office supplies as well as the food items are for sustainment and will be procured as part of the sustainment effort.

Will directly employing a Somali national who lives and works in Somalia violate the 3 week rule for “contract employees” staying in Somalia?

Answer: No. the requirement only pertains to expiates not to local nationals.

VAT: It is still unclear as to how the VAT will flow down to the Major Subcontractors. Should we include the VAT taxes or not?

Answer: Offeror’s are to figure this out.