Amendment_2_Q As.pdf

Amendment 2

RFQ SECHQ113Q0158

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Question 1:

Each "on demand" course carries with it an additional technology fee per course. Can we offer one on demand course per year in our pricing, and the SEC can request other on demand courses at an additional cost per course?

Answer 1:

Yes. The vendor can include one on-demand course per year in its pricing and the SEC may elect additional on-demand courses with each such course carrying a specified additional cost quoted by the vendor in its offer.

Question 2:

Can we state that the SEC will provide access to all of our students enrolled in each course?

Answer 2:

To the extent that students enrolled in a course with the Contractor are not SEC employees and opt to participate in the course at the SEC’s headquarters office with SEC employees, the SEC will provide access to such students assuming that: the students comply with applicable rules and regulations such as identification and conduct, and the SEC receives appropriate paperwork regarding students who are not US citizens.

Question 3:

In order to ensure CLE accreditation, we will need a CLE manager. As a general matter, we will also need a program manager to oversee this program on our Georgetown side. Accreditation fees will also apply. Is this acceptable to the SEC?

Answer 3:

Fees associated with CLE credit should be separate and severable from the balance of the contract so that those fees would not apply unless the SEC asks the Contractor to provide CLE credit.

Question 4:

In Paragraph 4.0, Requirements, subparagraph 13, does the Contractor (a) the right to make all admissions decisions related to the Executive LLM program and (b) the right to discontinue the Executive LLM program at any time for any reason?

Answer 4:

Our current program permits transfer of credits to an Executive LLM program if earned within 5 years prior to transfer. The Contractor would retain the right to make all admissions decisions related to the Executive LLM program. The Contractor would have the right to discontinue the Executive LLM program after expiration of the Contract and upon 12 months’ notice to the SEC.

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Question 5:

Will the SEC accept a different policy than the one stated in Paragraph 4.0, Requirements, subparagraph 14, regarding transfer credits?

Answer 5:

The SEC requires that credits earned in LLM-level courses organized by the SEC and the Contractor, if earned within 5 years, will be transferable toward the Executive LLM degree, assuming the student otherwise meets admission criteria. Credits earned in LLM-level courses organized by the SEC and/or any other provider may be transferable based upon the Contractor’s stated policy.

Question 6:

Paragraph (vii), Period of Performance, states that the period of performance will be five (5) years. Is there a renewal process (other than cancellation by the SEC)?

Answer 6:

There is no renewal process. Amendment 2 to RFQ SECHQ113Q0158 revises the period of performance to three (3) years. Amendment 2 also adds three (3) 12-month ordering periods, for pricing purposes (i.e. the vendor can charge different rates for the different ordering periods). The SEC anticipates awarding a firm-fixed price Indefinite Delivery/Indefinite Quantity (IDIQ) type contract with a three (3) year period (aka multi-year contract).

Question 7:

What is the SEC requesting in paragraph (viii), Instructions to Offerors, subparagraph 11?

Answer 7:

The SEC is requesting that the vendor provide a description of what it can provide in terms of the Securities and Financial Regulation Certificate program that the SEC is requesting in this solicitation, and include past performance (three (3) references (including a. Name of Agency/Organization; b. Contract number; c. Contract type; d. Total contract value; e.

Description of contract work; f. Contracting officer (or similar representative), telephone #, and email address) for contracts performed within the past 3 years that are similar in size and scope to this requirement ).

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Question 8:

FAR 52.216-9, Order Limitations (Oct 1995) is included in the solicitation. Can you explain this?

Answer 8:

The Government contemplates award of a firm-fixed price indefinite delivery indefinite quantity (IDIQ) contract resulting from this solicitation. According to Federal Acquisition Regulations, this type of contract must require the Government to order and the contractor to furnish at least a stated minimum quantity of supplies or services. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed the stated maximum.

Amendment 2 to SECHQ113Q0158 revises the clause to establish a minimum order of $10,000 and maximum per order amount is (1) Any order for a single item in excess of $200,000.00; (2) Any order for a combination of items in excess of $600,000.00.