Amendment 0002- 12-RP-0006.doc

MODIFICATION SCHEDULE

SCHEDULE

9B. Date (See Item 11)

10A. Modification of Contract/Order No.

10B. Date (See Item 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG-

MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT

IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting and Appropriation Data (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

Set fourth item 14, pursuant to the authority of FAR 43.103 (b)

14. Description of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The following amendment addresses questions received in response to the subject Request for Proposal, amends language within the Request for Proposal, replaces the sample task and reinstates the RFP and extends the due date for quotations.

The following are questions received during the initial posting of the Request for Proposal and the responses to the questions:

Question 1) Is this a follow on requirement? If yes, who is the incumbent and what is the contract number?

Answer 1) This requirement/solicitation is a recompete of a previous contract. The incumbents can be found on page 60, Section L.15 of the RFP.

Question 2) Which company is the incumbent on the current contract?

Answer 2) The information regarding incumbents can be found on page 60, Section L.15 of the RFP.

Question 3) Is there a site visit planned?

Answer 3) No. A site visit is not planned for this RFP.

Question 4) Does NIST have an ODC line on this contract or are any materials purchased considered GFE?

Answer 4) Fixed priced line items will be allowed at the task order level for travel, initial visa expenses, and Personal Protective Equipment (not including prescription safety glasses and steel toe boots/shoes).

Question 5) What are the total current number of contract employees working on the current contract?

Answer 5) There are approximately 70 or more contractor employees currently working at NIST, Gaithersburg and approximately 25 contractor employees working at NIST, Boulder.

Question 6) What is the FY2011 budget for this contract?

Answer 6) The total amount obligated under the existing contracts/agreements from October 01, 2010 through September 30, 2011 was approximately $11,000,000.00.

Question 7) Volume II – Technical Volume (b) Management Approach (2) Key Personnel:

Question 7a) Is a Project Manager the only required key personnel for this opportunity?

Answer 7a) Yes. The Project Manager is the only required Key Personnel for the base contract.

Question 7b) Will the PM be required onsite Full-time or Part-Time?

Answer 7b) The Contractor Project Manager will be required to be on-site full-time for Gaithersburg, half-time for Boulder. However, the Project Managers must be available to be on-site, if a need occurs.

Question 7c) Is the PM role an oversight position for the collective NIST labs or will a PM be expected within each individual lab?

Answer 7c) NIST will have a Government Program Manager that will oversee all projects. The Contractor is required to have a Project Manager to oversee all of the projects (See page 23, Section C.14 for Project Manager minimum requirements).

Question 8) Volume II – (d) Past Performance Information: Does NIST have a minimum or maximum reference number?

Answer 8) A minimum of three references is suggested. See amended past performance language below.

Question 9) Technical Approach Sample Task Order: Is the sample task order for Gaithersburg? Is there a separate Sample Task order for Boulder?

Answer 9) The sample task is being replaced via this amendment. However, the sample task is representative of the work that may be performed at either location.

Question 10) Have KT consulting or the other three incumbents have or had in the past employees working at the NIST Atomic Spectroscopy Group?

Answer 10) Yes.

Question 11) Did the KT Consulting or the current three incumbents perform work on a Task Order the same as, or similar to, the Sample Task Order? If so, how will the Government ensure fair evaluation of Task Order responses, as any who have performed on this Task Order, or a similar NIST one, can be presumed to have information (such as effort, etc.) which other Offerors would not have?

Answer 11) The current sample task is being replaced via this amendment. See attachment # 2.

Question 12) Section L.9, Page 54 and Section M.2, Page 61. Can an Offeror prime one location and be a sub on the other, (i.e. Prime on Gaithersburg and be a sub for another team in Boulder)?

Answer 12) This is a business decision that must be made by the offeror. The Government’s intent of statements made on page 54 and page 61 was to have two separate teams for each contract. It is the Government’s concern that having a subcontractor also be a prime contractor may pose additional risk of non-performance on both contracts. Offeror’s proposing to be a prime contractor in one location and a subcontractor at the other location shall state how they will mitigate risk.

Question 13) Section L, Volume 1 Business Volume, sub factor 2, Page 55, stipulates to complete Page One (Solicitation Offer and Award) of the Solicitation “Offer” section only. Section L Volume III Price, subsection a, stipulates to include section B of the solicitation. We are assuming that Page Two (Supplies or Services and Price/Costs) of the Solicitation should be included in Volume I behind Page One, is this a correct assumption?

Answer 13) Due to the nature of this requirement, there is no information to be completed on page two (2) of the solicitation. Page two, of the solicitation, states, “Complete Section B”, which is part of Volume III.

Question 14) Section L.9, Subsection (a)(1) Page 54. Does the 60 page limitation include cover pages, Table of contents, Tabs, etc.?

Answer 14) The 60 page limitation excludes cover pages, table of contents and tabs (see amended language to Section L.9 (a)(1) below).

Question 15) Section L.9 pages 54 – 58. The page limit is 60 pages. Volume II accounts for 40 pages. Of the remaining 20 pages, 11 pages are utilized by the Offer (pages 1 & 2), Section B (3 Pages) and Section K (6 Pages). This allows for only 9 pages to fully respond the remaining items in Volumes I and III. Can the page limit be increased or the 11 Pages from the solicitation be not counted against the 60 page Maximum?

Answer 15) Section L.9 has been amended to address this question. See below for changes to section L.9 (a)(1).

Question 16) Section L.10 Page 58 clearly defines the expectations of a Professional Compensation Plan. Section M.2, Page 62 states that Price will be equal in importance to Technical Approach, Management Approach, Experience and Past Performance. These two sections contradict each other. With such a high rating for Price offerors will be forced to price the offer low. Would the Government consider changing the weighting of price to allow for a better value to the Government from the offerors?

Answer 16) The Government has considered the question and Section M.2, with respect to the question, remains unchanged.

Question 17) What is the “Proposal Form” referenced on page 55 section L.9(b)(1) for the Volume I cover sheet?

Answer 17) The “Proposal Form” refers to page one (1) of the Standard Form 33 otherwise referred to as the Solicitation or RFP.

Question 18) How many scientists and technicians does NIST anticipate actively working on task orders at any given time during the contract period?

Answer 18) The number of contractor employees may vary depending on current needs and available funding. However, there could potentially be 50-100 contractor employees on either site at any given time.

Question 19) The solicitation number on the SF-33 is SB1341-12-RP-0006; the solicitation number on the footer of the rest of the solicitation is SB1341-11-RP-0051—which is the correct number?

Answer 19) The correct solicitation number is SB1341-12-RP-0006. This number must be referenced on any proposal information submitted. Solicitation # SB1341-11-RP-0051 shall be disregarded for the purpose of this solicitation.

Question 20) Section L (page 54) indicates the entire proposal shall not exceed 60 pages, inclusive of resumes, representations and certifications, past performance references, other administrative documentation and related corporate experience. Pg. 56 limits volume ii (technical) to 40 pages. 20 pages for both the price and business volume is certainly adequate except for the required inclusion in the price volume of the professional compensation plan. Would the government consider excluding the professional compensation plan from the 60 page proposal limit?

Answer 20) Section L.9 has been amended. See below for details.

Question 21) The solicitation does not reference on-site and off-site rates. Should the pricing volume indicate minimum and maximum on-site and off-site rates?

Answer 21) The occurrence of contractor employees being required to work off-site is less than 5%. Therefore, a percentage increase/decrease to the fully burdened on-site rate for off-site work shall be included in the proposal. See amended language below under Section B, Rates.

Question 22) Section B (page 6) labor category Scientist/Engineer Level II (Lead Scientist/Engineer) states “This category also applies to post Ph.D graduates with no experience in this field.” Do years of experience prior to obtaining a Ph.D count as Ph.D experience for this labor category?

Answer 22) The solicitation states, “a demonstrated equivalent combination of education, training and experience can be used to meet the minimum qualifications”. This would be considered on a case by case basis based on the demonstrated equivalent information submitted with the task order quotation.

Question 23) Can a company that primes for Gaithersburg be a subcontractor to a prime for Boulder CO? Also, can a company that primes for Boulder be a subcontractor to a company that primes Gaithersburg?

Answer 23) This is a business decision that must be made by the offeror. The Government’s intent of statements made on page 54 and page 61 was to have two separate teams for each contract as having a subcontractor also be a prime contractor may pose additional risk of non-performance on both contracts. Offeror’s proposing to be a prime contractor in one location and a subcontractor at the other location shall state how they will mitigate risk.

Question 24) RFP Section L.9(a)(2), page 54, states the content for Volume III should be saved in Microsoft Excel format, or be readable by MS Excel. However, the compensation plan which is a requirement in Volume III is typically a word document. Please confirm the Government will accept Volume III – CD in readable Excel and Word formats.

Answer 24) Word format will be acceptable for the professional compensation plan. See below for amended language to Section L.9 (a)(2).

Question 25) RFP Section L.9(1) Volume I, page 55 – Use of Form. Please confirm the referenced “Proposal Form” is the same as the SF33.

Answer 25) The “Proposal Form” refers to page one (1) of the Standard Form 33 otherwise referred to as the Solicitation or RFP.

Question 26) Will a prime / subcontractor relationship be allowed to alternate between proposal submissions and work sites? For instance, can a firm serve as a prime at one location and as a subcontractor at another?

Answer 26) This is a business decision that must be made by the offeror. The Government’s intent of statements made on page 54 and page 61 was to have to separate teams for each contract as having a subcontractor also be a prime contractor may pose additional risk of non-performance on both contracts. Offeror’s proposing to be a prime contractor in one location and a subcontractor at the other location shall state how they will mitigate risk.

Question 27) What are the projected contract values for both Gaithersburg and Boulder awards?

Answer 27) The maximum contract amount for NIST Gaithersburg, MD is $100,000,000.00 over the life of the contract. The maximum contract amount for NIST Boulder, CO is $50,000,000.00 over the life of the contract. The amendment hereby incorporates CAR Clause 1352.216-75 (see below).

Question 28) Can we propose more than one project manager or segregate the project manager duties in order to provide the expertise needed to meet the NIST requirements in this RFP?

Answer 28) This is a business decision that must be made by the offeror.

Question 29) C.15 – Payment Schedule– Will the Contractor need to provide courtesy copies (hard copy) of the invoices to the NIST or will NIST provide these internally?

Answer 29) Invoices may be submitted electronically, via facsimile or via mail. See below for amended language to C.15- Payment Schedule.

Question 30) C.9.2 Tracking/Reporting Paragraph two Pre-award tracking… Is the Offeror being asked to provide information on all recruiting activities outside of the U.S. Department of Commerce (i.e. other Governmental entities and commercial clients)?

Answer 30) Pre-award tracking refers to the awarded contract only. This does not include any additional contracts held by the Contractor.

Question 31) Is this pre-award tracking document required to be part of the Offeror’s proposal? AND if yes, does the Pre-award tracking count in the 60 pages?

Answer 31) No. This is a post-award contract requirement. The pre-award refers to requirements under the contract that are not yet awarded (task orders), but are still in the solicitation stage.

Question 32) C.9.2 – Paragraph 2, Sentence 3: What is meant by the term “performance schedule”?

Answer 32) Section C.9.2 states “Post-award status shall address compliance with the Statement of Work (SOW), performance period, deliverables, payment status…” The performance period refers to the period of performance for awarded task orders.

Question 33) Does NIST want hard copies of the Representations and Certifications of the respondents to be included in proposal or will NIST gain access to these via ORCA?

Answer 33) See amended language below to Section L.9 (b)(1)(B)(3).

Question 34) If the Contractor has multiple past performance references and has performed on a multitude of contracts do past performance references count in the 60 pages of the proposal? Can the Offeror list multiple contracts with one contact on the same page?

Answer 34) See amended language to Section L.9 (a)(1) below. Yes, the offeror may list multiple contracts with one contact on the same page.

Question 35) Pricing volume – Can NIST clarify if this is a performance based, firm fixed price contract or a labor hours contract?

Answer 35) All task orders awarded under this contract will be firm fixed price.

Question 36) When does NIST anticipate the contract will be awarded and how much lead time and transition time will there be between the incumbent and the newly awarded Contractor?

Answer 36) The anticipated award date is sometime in May.

Question 37) Section B.1 identifies the labor categories for the personnel to support this effort. Will the Task Orders clearly identify:

Question 37a) Will Contractor personnel be required to work on-site or not?

Answer 37a) Contractor employees will be required to work on-site and off-site. See Sections C.7 and C.13, of the solicitation, for details.

Question 37b) Should they be required to work on-site, will office space be provided.

Answer 37b) Yes, the appropriate office space, lab space and or equipment will be provided for the Contractor (see Section C.13, of the solicitation, for details).

Question 38) Section C.14 addresses the requirements of Key Personnel. Could you clarify the following:

Question 38a) Will the Program Manager be required to be on-site during the normal work day on a daily basis?

Answer 38a) The Government Program Manager will be a full-time Government employee located at NIST in Gaithersburg, MD. The Contractor Project Manager will be required to be on-site full-time at the Gaithersburg contract location and on-site half-time at the Boulder contract location. However, the Project Managers must be available to be on-site, if a need occurs.

Question 38b) If yes, will NIST provide office space for that individual?

Answer 38b) The necessary office space and equipment will be provided to the Contractor Project Manager.

Question 39) Section I.65 52.216-27 Single or Multiple Award – speaks to the government’s ability to award two IDIQ contracts for the same or similar supplies or services to two or more sources under this solicitation. Does this mean that the government has the ability to make two awards to provide support at the Gaithersburg, MD and Boulder, CO locations?

Answer 39) FAR Clause 52.216-27 is hereby deleted from the subject solicitation. Language regarding the intent to make awards is provided below (see # 8).

Question 40) Section M of the RFP describes the evaluation criteria as best value and outlines the evaluation factors and sub evaluation factors. Can NIST identify the value or percentage of the evaluation and sub evaluation factors?

Answer 40) The evaluation factors will be evaluated based on adjectival ratings. The evaluation factors are equal in importance.

Question 41) Section M (b)(2)(c) Experience indicates NIST will evaluate the extent to which the offeror has worked with its proposed subcontractors. This appears to restrict competition.

Question 41a) Will NIST reconsider this evaluation point and remove it?

Answer 41a) The question was considered. However, the experience evaluation factor will not be removed. This is not a sole discriminator.

Question 41b) If not, what is the value of this evaluation factor in comparison to the other evaluation factors?

Answer 41b) All non-price factors are considered approximately equal in importance. In accordance with Section M of the solicitation, “Technical Approach, Management Approach, Experience and Past Performance, when combined, will be considered approximately equal in importance to price”.

Question 42) What is the approximate value of this contract?

Answer 42) The maximum contract amount for NIST Gaithersburg, MD is $100,000,000.00 over the life of the contract. The maximum contract amount for NIST Boulder, CO is $50,000,000.00 over the life of the contract. See below for CAR clause 1352.216.75 which addresses the contract amounts.

Question 43) Are there incumbents to transition?

Answer 43) The Government does not anticipate that a transition period will be required. All task orders or call orders awarded under separate contracts/agreements will remain with the current contractor. Existing task orders and/or call orders, with open periods of performance, will not be transitioned.

Question 43) Is there an existing PM for Boulder only?

Answer 43) There is currently one Contractor Project Manager on-site for one of the Gaithersburg BPAs and one Contractor Project Manager for NIST Boulder.

Question 44) Is the PM required to work on-site or remotely?

Answer 44) The Contractor Project Manager will be required to be on-site full-time at the Gaithersburg contract location and on-site half-time at the Boulder contract location. However, the Project Managers must be available to be on-site, if a need occurs.

Question 45) In the sample task order, the government mentions that the contractor shall “supply personnel with all Personal Protective Equipment, required by NIST, not later than one week after starting work at NIST.” Should the cost of this equipment be included in our pricing and, if so, can the government provide a list of required equipment?

Answer 45) The sample task is being replaced via this amendment (see attachment # 2).

Question 46) SF-33, #9, p. 1: Given the holidays in December 2011 and January 2012, will the Government be granting an extension to the deadline for submission of proposals?

Answer 46) At this time, the Government will be granting an extension to the due date and time. See below for the extended due date and time.

Question 47) CLINs 0001-0005, p.2: The Government provides 5 blank lines in the "Amount" column, one for each CLIN. Given the variable rate structure and undefined number of tasks and personnel to be required, how should the Offeror calculate the total amount to place on the blank lines for this ID/IQ? Are these ceiling amounts to be given by the Government for each CLIN? If we are to give a range of salaries for each category, how can a final cost total be calculated?

Answer 47) Page two (2) of the solicitation does not require at total amount to be included. The page directs offerors to “Complete Section B”. Due to the nature of this requirement, the Government realizes a total amount cannot be provided.

Question 48) Section B.1 "LABOR CATEGORIES", pp.6-8: To assist Offerors in further determining the level of skills sought for each labor category, would the Government provide equivalent GS-level estimate for each of the labor categories?

Answer 48) The Government will not be providing equivalent GS-level for the minimum levels included in the solicitation.

Question 49) Section B.1 "LABOR CATEGORIES", pp.6-8: Have there been instances of given Task Orders performed historically by the incumbents where a larger size of the given task order necessitated that the Contractor also provide a task order project manager separate from the Contractor-provided Contract PM in order to manage multiple activities associated with the task? If so, under what labor category would such a Task Order Project Manager fall?

Answer 49) Based on the Government’s current information, there have not been any task orders that required a Project Manager be assigned to that requirement solely.

Question 50) Section B.1 "Foreign Education Requirements", p.9: This clause states that the candidate "may be required..." to demonstrate an evaluation of foreign educational credentials. Can the Government provide an estimate of the historical frequency for the incumbent task orders over the last five years where the Government has required foreign educational credentials to be demonstrated in accordance with this clause? Does the Government have any requirements on the private organization which evaluates these educational credentials or a preferred provider of such services? If the potential candidate is a former occupant of the position for which they are reapplying (worked in that job under another contractor) is there an expected need for requalification of their education credentials?

Answer 50) The Government does not have access to historical data regarding the number of foreign nationals where the credentials were verified. A private organization must have the ability to verify that the foreign education credentials are equivalent with U.S. education requirements. This may be required for contractor employees that have previously worked at NIST and/or new potential contractor employees. This requirement reserves the rights of the Government to verify credentials, if needed.

Question 51) Section B.1 "Rates", p.9: The RFP states that, "the Contractor shall include the PM as an overhead charge..." while section C.3.c (p.16) states that it is part of the contract scope includes, "providing on-site project managers..." Could the Government clarify that it seeks only a single on-site Project Manager from the Offerors for each of NIST Boulder and NIST Gaithersburg?

Answer 51) C.3c states, “Providing on-site Project Managers for NIST Boulder, Colorado and NIST Gaithersburg, Maryland to perform contract administration for all awarded task orders”. This refers to a Project Manager for Boulder and a Project Manager for Gaithersburg. Proposing more than one Project Manager is a business decision that must be made by the offeror.

Question 52) Is the Project Manager a full-time position or do the number of hours for each PM depend on the total number of task orders active under the ID/IQ Contract? Will the Government supply a work area for these PMs and Government-furnished equipment?

Answer 52) The Government Program Manager will be a full-time Government employee located at NIST in Gaithersburg, MD. The Contractor Project Manager will be required to be on-site full-time at the Gaithersburg contract location and half-time at the Boulder contract location. However, the Project Managers must be available to be on-site if a need occurs. Office space, telephone access, computer access, etc. will be provided to the Contractor Project Manager.

Question 53) Section B.1 "Rates", p.9: Can the Government confirm that ranges of rates for different levels of a labor category type (e.g., "Technician") are permitted to overlap in the Offeror's response to the RFP?

Answer 53) This is viewed as a business decision, but is not prohibited.

Question 54) Section C.3 “Specific Tasks and Performance Requirements”, p.16: Item (e) states that the Contract scope includes, “processing H1B visas for foreign nationals that are required to provide scientific, technical and engineering support services on given task orders.” What is the approximate historical frequency for Task Orders handled by the incumbent during the last five years where such visa processing and sponsorship has been required?

Answer 54) The information requested is not currently available. However, a high percentage of the contractor employees were foreign nationals.

Question 55) Section C.3 "Specific Tasks and Performance Requirements", p.17: Example #1 for Gaithersburg mentions an "ongoing project". Will the Government be requiring that the awarded Contractor provide support on projects for which previously KT Consulting and/or other incumbents were providing support and for which those incumbents will no longer be providing support once the new contracts are awarded? Can the Government describe the requirements for such transitions? For the purpose of allowing the Offeror to do transition planning, can the Government estimate the number of projects (and the total number of incumbents-provided staff involved) in both Boulder and Gaithersburg where a transition will be required between the incumbent contractors and the newly-awarded Contractor? Can the Government provide statistics on the approximate number of personnel in each of the 8 labor categories which would be affected by transitions between current incumbents and newly-awarded Contractor?

Answer 55) Section C.3, page 17, Example # 1, refers to projects ongoing at NIST. There may or may not be contractor employees currently assigned to that project. In the future, a requirement to assist with the “ongoing” project may be required. The Government does not anticipate the transitioning of any existing task orders and/or call orders under existing contracts or agreements. All task orders or call orders awarded under separate contracts/agreements will remain with the current contractor. Existing task orders and/or call orders, with open periods of performance, will not be transitioned. New requirements for work previously performed under previous agreement/contracts may be required.

Question 56) Section C.5 "Non-Personal Services", pp.17-18: The RFP states that the Contractor's personnel, "...rendering the services are not subject ... to the supervision and control usually prevailing in relationships between the Government and its employees." Would the Government please clarify if all work direction on the Tasks are to be provided to the Contractor-provided staff by the Contractor's PM and what channels of day-to-day communications on Tasks will exist between the NIST PM and the Contractor's PM and Contractor-provided staff on a given task order?

Answer 56) Each task order will include identifiable deliverables with specific tasks. Government review and comment will be provided for draft and final deliverables. Any direction will be provided within the statement of work for the task order.

Question 57) Section C.8.1 “Responding to Request for Quotations/Recruiting Qualified Resources”, p.19: The RFP states that, “the Contractor must work diligently to provide qualified resources in a timely manner…” Because the Government usually is already performing work in areas associated with a given task order, it might be expected that there would be occasions when the Government is aware of possible personnel who might be potentially qualified to perform work on the task order if they were available. Historically, what has the approximate frequency been of Tasks Orders that were required to be filled where there were no such recommendations or suggestions by the government? What would the expected approximate frequency be, during the duration of this Contract, of Task Orders that might be issued where there are no candidate suggestions from the Government at all?

Answer 57) It will be the Contractor’s responsibility to seek and obtain resources to fulfill the Government’s need.

Question 58) Section C.8.1 “Responding to Request for Quotations/Recruiting Qualified Resources”, p.19: The RFP states that, “the Contractor must work diligently to provide qualified resources in a timely manner…” For task orders issued to an incumbent during the last five years, what is the approximate average number of full-time equivalent resources which have proven to be needed to execute the average Task Order issued?

Answer 58) The majority of task orders are full-time positions.

Question 59) Section C.8.1 “Responding to Request for Quotations/Recruiting Qualified Resources”, p.19: The RFP states that, “the Contractor must work diligently to provide qualified resources in a timely manner…” For task orders issued to an incumbent during the last five years, what was the approximate historical frequency that resources on Task Orders were not employed on the Task Order on a full-time basis?

Answer 59) There are instances where part-time or short term requirements are needed.

Question 60) Section C.8.3 "Travel", p.20: The RFP states that, "foreign national hires ... must maintain the necessary credentials for work in the United States." As that the Government requires fully burdened labor rates, can the Government estimate what historical frequency has been of contractor/incumbent staff that have been non-resident foreign nationals so that the Offeror may properly account for costs associated with maintenance of such credentialing?

Answer 60) A fixed priced line item will be allowed under task orders for potential contractor employees that require visa documentation. A large number of the contractor employees previously working at NIST under the incumbents were foreign nationals.

Question 61) Section C.8.3 "Travel", p.20: The RFP states that, "travel performed shall be reimbursed..." Should such Other Direct Costs (ODCs) as travel be included in the Offerors response to this RFP, and if so, how, as section B.1 does not provide for ODCs? Furthermore, if travel is an allowed ODC, what other ODCs will be allowed under this ID/IQ contract? Can other ODCs be included in the Offerors response to this RFP instead of being included in the fully burdened labor rate, e.g., costs of educational credential verification, costs of maintaining necessary credentials for foreign nationals to work in the US, etc.? Also, as each task order will be a firm fixed priced order (section C.6 "Order Type", p.18), please clarify how ODCs will be handled on the firm fixed priced order?

Answer 61) Fixed priced line items will be allowed at the task order level for travel, initial visa expenses, and Personal Protective Equipment (not including prescription safety glasses and steel toe boots/shoes). These items shall be quoted as a separate line item based on the Statement of Work for that requirement.

Question 62) Section C.8.3 "Travel", p.20: The RFP states that, "travel performed shall be reimbursed..." On occasion, the State Department requires foreign nationals who are not resident in their native country to return to a US embassy in their native country for US visa processing. Would the Government clarify if such travel would be reimbursable for Contract staff so affected?

Answer 62) This would not be considered an allowable direct cost to the Government.

Question 63) Section C.9.2 "Tracking/Reporting", p.20: The RFP states that the Contractor must provide "...an inventory of all Government-furnished property ... for use off-site under this contract." Section C.12 "Place of Performance" states that the place of performance will be defined on each task order. Does the Government anticipate that there will be occasions when Contractor-provided staff will mainly be working off-site? As the cost of providing off-site working facilities may need to be incorporated into the fully burdened labor rates, can the Government provide an estimate as to what the historical frequency has been of contractor/incumbent-provided staff that have mainly been working off-site and not at a Government facility?

Answer 63) The occurrence of contractor employees being required to work off-site is less than 5%. Therefore, a percentage increase/decrease to the fully burdened on-site rate for off-site work shall be included in the proposal. See amended language below under Section B, Rates.

Question 64) Section G.5 “1352.237-75 Key Personnel (Apr 2010)”, p.31: The RFP states that, “key personnel may be required on a task order basis.” What is the approximate historical frequency for the incumbent contracts and BPA during the past five years where tasks orders have required task order-level key personnel?

Answer 64) The historical information requested is not available.

Question 65) Section L.9 “Instruction to Offerors”, p.54: The RFP states that, “Offeror shall only submit a proposal for one location.” Can the Government please confirm that Offeror in this sense refers to the Prime Contractor submitting an offer? That is, please confirm that a subcontractor to another Prime Contractor which is submitting an offer for one location (say NIST Gaithersburg) could itself submit its own offer for the other location (say NIST Boulder) as Prime Contractor.

Answer 65) This is a business decision that must be made by the offeror. The Government’s intent of statements made on page 54 and page 61 was to have two separate teams for each contract as having a subcontractor also be a prime contractor may pose additional risk of non-performance on both contracts. Offeror’s proposing to be a prime contractor in one location and a subcontractor at the other location shall state how they will mitigate risk.

Question 66) In the sample task order, there is a reference to information in the NIST journals. The task order requires that the Contractor, “must deliver a complete bibliography encompassing all published data for the energy levels, wavelengths, transition probabilities, and ionization energy of that spectrum. The bibliographic sources shall cover all standard scientific journals as well as dedicated Web sites that provide high quality data of this type.” At present, there is a NIST journal with some of this data that is not publically available. As it is retained by NIST, only an incumbent would have access. Will the government make public the appropriate data-containing publications that only the incumbent has access to at this time?

Answer 66) The sample task is being replaced via this amendment.

Question 67) Could the Government clarify if the sample task order was a real task order under an incumbent contract or BPA on which one or more of the incumbents has performed? Have any of the incumbents under one of the predecessor contracts or BPAs performed work for the NIST Division for which this sample task order is written. If either of these are the case, could the Government explain how it will maintain a level playing field among the Offerors with respect to evaluation of the responses to the Sample Task Order?

Answer 67) The sample task is being replaced.

Question 68) Section C.8.1 "Responding to Request for Quotations/Recruiting Qualified Resources", p.19: The RFP states that, "the Contractor must work diligently to provide qualified resources in a timely manner...". Will the Government ever suggest resources that may be potentially qualified to perform this work, and if so, historically, approximately what percentage of the time has the Government had identified a potentially qualified resource to be considered by the contractors/incumbents to perform on a given Task Order?

Answer 68) It will be the Contractor’s responsibility to seek and obtain resources to fulfill the Government’s need. The Statement of Work for each requirement will include a minimum qualification level.

The following changes are hereby incorporated into the solicitation via this amendment.

1) Section L.9 (a)(1) is hereby amended to incorporate the following changes:

From:

The proposal shall be typed, with one inch margins, using a fixed font, 12 pitch type (or equivalent) and printed, unreduced in size, on 8-1/2" by 11" paper, not exceeding 60 pages, single sided, inclusive of resumes, representations and certifications, past performance references, other administrative documentation and related corporate experience. Any pages in excess of 60 will be disregarded, and will not be included in the proposal evaluation.

To:

The proposal shall be typed, with one inch margins, using a fixed font, 12 pitch type (or equivalent) and printed, unreduced in size, on 8-1/2" by 11" paper, not exceeding 60 pages, single sided, excludes coversheet, tabs, resumes, representations and certifications, past performance references and acknowledgements of amendments. Any pages in excess of 60 will be disregarded, and will not be included in the proposal evaluation.

2) Section L.9 (a)(2) is hereby amended to incorporate the following changes:

From:

The proposal shall be submitted in hard copy format; see solicitation page one for number of copies to be provided in addition to the original version. The Offeror shall also include one CD in its original version of Volume II and one CD in its original version of Volume III that includes the content of those volumes. The data for Volume II should be saved in either Microsoft Word format (or be readable by Microsoft Word) or Adobe .pdf format; the content for Volume III should be saved in Microsoft Excel format (or be readable by Microsoft Excel). E-mail submissions will not be accepted or evaluated.

To:

The proposal shall be submitted in hard copy format; see solicitation page one for number of copies to be provided in addition to the original version. The Offeror shall also include one CD in its original version of Volume II and one CD in its original version of Volume III that includes the content of those volumes. The data for Volume II should be saved in either Microsoft Word format (or be readable by Microsoft Word) or Adobe .pdf format; the content for Volume III should be saved in Microsoft Excel format (or be readable by Microsoft Excel). The Professional Compensation Plan may be submitted in Microsoft Word format (or be readable by Microsoft Word). E-mail submissions will not be accepted or evaluated.

3) Section C.15 Payment Schedule- is hereby amended to incorporate the following changes:

From:

The contractor may invoice based on completion of tasks/deliverables under each task order. Each task/deliverable must be priced within each task order. Upon acceptance of the deliverable, by the task order contact/COR (identified in the task order), an invoice may be submitted in accordance with the billing instructions. Monthly status reports will be considered deliverables and should be included as part of a payment schedule for each task order. One monthly consolidated invoice may NOT be submitted for all deliverables completed under multiple task orders. A courtesy copy of each invoice shall be sent to the NIST task order contact/COR and NIST PM.

To:

The contractor may invoice based on completion of tasks/deliverables under each task order. Each task/deliverable must be priced within each task order. Upon acceptance of the deliverable, by the task order contact/COR (identified in the task order), an invoice may be submitted in accordance with the billing instructions. Invoices may be submitted via facsimile, mail or electronically.

Monthly status reports will be considered deliverables and should be included as part of a payment schedule for each task order. One monthly consolidated invoice may NOT be submitted for all deliverables completed under multiple task orders. A courtesy copy of each invoice shall be sent to the NIST task order contact/COR and NIST PM.

4) Section L.9 (b)(1)(B)(3)is hereby amended to incorporate the following:

From:

Completed Solicitation Section K, Offeror Representations and Certifications. Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required.

To:

Completed Solicitation Section K, Offeror Representations and Certifications.

5) The following clauses, Placement of Orders and Maximum/Minimum Contract Amount, are hereby incorporated into Section B of the solicitation:

1352.216-76 Placement of Orders (Apr 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(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) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216–18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

Contracting Officers at the National Institute of Standards and Technology

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is TBD.

(End of clause) 1352.216-75 Minimum and Maximum Contract Amounts

During the term of the contract, the Government shall place orders totaling a minimum of 75,000.00 for each contract awarded. The amount of all orders shall not exceed $100,000,000.00 for NIST, Gaithersburg and $50,000,000.00 for NIST Boulder.

The contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the maximum contract amount specified herein, except at the contractor's own risk.

(End of clause)

6) The following FAR clause, 52.217-8 Option to Extend Services, is hereby amended to incorporate the clause in full text under Section I of the solicitation:

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days prior to the expiration of the option.

7) The following clause, 52.216-19 Order Limitations, is hereby amended

From:

I.63 52.216-19 Order Limitations

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $500,000.00

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within one week days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause) TC "I.64 52.216-22 INDEFINITE QUANTITY (OCT 1995)" \f C \l "2" To:

I.63 52.216-19 Order Limitations

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $500,000.00

(2) Any order for a combination of items in excess of $1,000,000.00; or

(3) A series of orders from the same ordering office within one week days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause) TC "I.64 52.216-22 INDEFINITE QUANTITY (OCT 1995)" \f C \l "2"

8) FAR Clause 52.216-27 is hereby deleted from Section I of the subject solicitation. The following language is hereby incorporated into the solicitation:

The Government intends to award two contracts for these services. One contract for NIST Gaithersburg and one contract for NIST Boulder. The Government reserves the right to make multiple awards if deemed necessary.

9) The past performance language under section L.9 III(B)(c) of the solicitation is hereby amended to read as follows:

From:

Past Performance Information: The Offeror shall provide past performance information regarding all relevant contracts for the past 3 years with federal, state or local governments and commercial customers. The information must describe contracts of a similar type and scope as the current requirement. If the offeror intends to use subcontractor(s) for part of this requirement, then the Offeror shall also provide that organization’s past performance information. If the Offeror and, if applicable, its subcontractor(s) has no relevant past performance information, it should include a statement to that effect in its proposal.

To:

Past Performance Information: The Offeror shall provide past performance information regarding all relevant contracts for the past 3 years with federal, state or local governments and commercial customers.