RAF_Webinar_QA.pdf

Questions and Answers

EPA’s Remedial Acquisition Framework (RAF) Webinar

The EPA would like to thank the remedial contracting community for the questions and comments arising from the Remedial Acquisition Framework (RAF) Updated Overview webinar held on May 13, 2015. Answers to all questions submitted are provided below; however, duplicate questions were combined into one question and answer. Should you have additional questions, we respectfully request that you wait to submit these until the next draft solicitations are released; however, if you have a pressing question you feel cannot wait until then, please submit it to the respective contracting officer identified in FedBizOpps for each suite of contracts.

As detailed in the Q&A below, one significant change since the webinar is that rather than procuring Design and Engineering Services (DES) on an individual regional basis, the Agency has decided to combine groups of regions, similar to the way the Remediation Environmental

Services (RES) and Environmental Services and Operations (ESO) will be procured. CLIN One will consist of Regions 1, 2 and 3; CLIN Two will consist of Regions 4, 5, 6 and 7; and CLIN

Three will consist of Regions 8, 9 and 10.

The Q&A below are organized as follows: Section I includes questions pertaining to timelines for all three suites of contracts; Section II includes questions related to small business concerns; Section III pertains to the DES Suite of contracts; Section IV pertains to both DES and RES; Section V pertains only to RES; Section VI pertains to both RES and

ESO, Section VII pertains to ESO only; and Section VIII includes general questions.

I. Timeline:

Q1: Multiple questions were asked regarding the anticipated timelines for all suites of contracts.

DES: A draft Request for SF 330s is scheduled to be released the last quarter of

Fiscal Year (FY) 2015. The final Request for SF 330s is scheduled to be released in the first quarter of FY 2016. It is anticipated that discussions will be held with highly qualified offerors approximately 90 days after receipt of SF 330s and RFPs will be issued to the selected firms 60 days after discussions. Actual RFP response times will be defined in the RFP.

ESO: It is anticipated a draft solicitation will be released the first quarter of FY

2016. It is anticipated the final RFP will be released in the second quarter of FY

2016 after DES SF 330s have been received.

RES: It is anticipated a draft solicitation will be released in the first quarter of FY

2016. It is anticipated the final RFP will be released in the third quarter of FY 2016 after initial ESO proposals have been received.

II. Small Business Concerns:

Q1: Will small businesses be allowed to compete for the full and open task orders?

A: Since ESO is set aside 100% for small businesses this question does not pertain to it. For DES and RES, at the contract level, the Agency intends to award approximately seven contracts per CLIN, with three contracts per CLIN reserved for small businesses (subject to the evaluation resulting in three capable small businesses.) After contract award, task orders may be set aside for competition amongst small businesses contingent upon overall Agency small business goals, the specific contract suite’s small business targets, and the ability of at least two small businesses to perform at least 50% of the work (required by FAR 52.219-14, and the

Small Business Jobs Act, codified in 13 CFR § 125.2(e)(4)(ix), when contracts or tasks are set-aside for small business concerns under multiple award contracts.)

When task orders are not set aside for small business competition, the small businesses will still be able to compete; however, they will not have to perform 50% of the work. Also, see answer to following question regarding small business targets.

Q2: It's important for large and small businesses to know their odds of task order wins. Will EPA try to fill all requirements by Small businesses first and then turn to LBs only as necessary?

A: As stated above, the Agency intends to reserve three contract awards for small businesses for each CLIN for DES and RES, and the contracting officer may set aside task orders for competition amongst small businesses. Prior to competing a task order for full and open competition, the contracting officer will determine whether or not to set aside a task order for competition amongst small businesses based on small business CLIN holders’ capability, the Agency’s overall small business goals, and targets set for the specific contract. The Agency has set small business targets for task order awards over the life of each contract as follows:

DES=30%; RES=20%.

Q3: What is the value of the small business reserve?

A: Each contract within the same CLIN will have the same maximum potential value. Also, see answer to previous question regarding small business targets.

Q4: Do you really expect a SB to beat out a LB in a head to head evaluation? Isn’t it unlikely that any SB will show the depth of services and no SB will prevail?

A: As stated above, the EPA has decided to reserve three contracts for small businesses under each CLIN for DES and RES (ESO is 100% set aside) subject to the evaluation resulting in three small businesses capable of performing.

Additionally, as stated above, task orders may be set aside for competition amongst small businesses. Lastly, the EPA has set targets for award of task orders for small businesses as noted above.

Q5: For the contracts set aside for SB, will there be further division of SB into 8(a), HUBZone, SDVOSB, etc?

A: No. The market research does not support further dividing the reserve into various socioeconomic categories.

Q6: If EPA plans to follow the Fair Opportunity process for task order awards, and if some task orders will be set aside for small business awards, will there not have to be 2 if not 3 SB contracts per CLIN to provide competition and a true Fair Opportunity Award?

A: In order to ensure adequate competition at the task order level, the EPA intends to award 3 contracts to small businesses for each RES and DES CLIN. Please see above explanation of how the EPA intends to reserve contracts for small businesses.

Q7: Will proposals showing non-EPA client experience be "scored" less than proposals with direct EPA client experience? Is there a "hierarchy" in terms of experience (e.g., EPA, DoD, private sector, Other Federal)?

A: Unique technical evaluation factors are being developed for each suite of contracts. Directions for how these factors will be evaluated (including experience) will be included in the solicitation. However, direct experience with work associated with CERCLA will be considered the most relevant experience, as compared to other environmental type work.

Q8: For RES and ESO contracts, if the Prime has a team partner who designed a remedy under

DES for a RES or ESO Task Order, is the Prime RES or ESO Contractor conflicted from bidding that RES Task Order, or does the exclusion only apply to affiliates or subsidiaries of the Prime?

A: The prime RES or ESO contractor will not be conflicted from bidding the work, as long as the proposal does not intend to utilize the prime or associate subcontractor (that designed the remedy – either under DES or a prior RAC contract) to implement the design.

Q9: Will EPA allow flip/flop relationships for each CLIN (i.e., Prime in the F&O and be Team subcontractor on a team for a SB contract in the same region).

A: The Agency will neither encourage nor discourage teams from bidding in this manner. However, the Agency’s intent in awarding multiple award contracts is to foster competition to the maximum extent possible.

Q10: What is the total capacity for each suite of contracts?

A: DES is a maximum of $900 million over a ten year period. ESO is a maximum of

$495 million over a ten year period. RES is a maximum of $960 million over a ten year period. These capacities may change prior to issuance of solicitations.

Q11: Is there a $ threshold in place, similar to GSA, where an award of a contract over a specific amount requires the Prime to subcontract to small business?

A: No. The EPA anticipates following the guidance of FAR 19.702 and 19.704, Subcontracting Plan Requirements, with these contracts.

Q12: How does EPA feel about firms being on both a large and small business team under the same CLIN. To what extent do you feel this may complicate task order competitions if a firm is a prime on one contract and a sub on another within the same CLIN?

A: The Agency will neither encourage nor discourage teams from bidding in this manner. However, the Agency’s intent in awarding multiple award contracts is to foster competition to the maximum extent possible. The Agency does not believe the competition will be “complicated.” However, it should be noted a firm that designed the remedy will be conflicted from performing the remediation.

Q13: Can past performance & specialized experience in one EPA Region be used across multiple regions? or does the work need to reside within the particular region being proposed on?

A: Specialized experience will be evaluated based upon its relevance to the work to be performed in a particular CLIN. Obviously, the more relevant the specialized experience to a specific CLIN’s historical and projected workload, the more favorable the experience will be evaluated. Specialized experience should not be confused with past performance, which is an evaluation of how well a firm performed its specialized experience.

Q14: Do you have a draft SOW & evaluation criteria available-has that changed?

A: Another Draft Request for SF 330 is expected to be released in the last quarter of FY 2015 that will provide the most current DES SOW and Evaluation

Criteria. Slightly revised SOWs for RES and ESO will be provided with their respective draft solicitations in the first quarter of FY 2016. The SOWs are subject to change before issuance of the solicitations, so please be sure to review carefully before preparing your offer.

Q15. For contractors with commercial work, an OCI could occur related to enforcement work and cleanup actions. Will an OCI mitigation plan be required at this initial SF330 response stage to remedy possible future concerns or will it be required at the time of a particular task order?

Lastly, will a contractor with a perceived OCI who has an acceptable OCI plan, be down-scored compared to a firm without an OCI.

A: An Organizational Conflict of Interest (OCI) mitigation plan will be required for all three suites at the time of proposal receipt. OCI plans will be evaluated on a

PASS/FAIL basis; therefore, a firm with a perceived OCI, will be required to demonstrate its ability to mitigate or neutralize that conflict in order to earn a passing score. Contractors receiving awards will be required to certify again at time of task order issuance as to whether or not it has an actual or potential conflict of interest with the work required by the task order being awarded.

Q16: Will in-person or telephone interviews be held for shortlisted respondents on the DES, RES and ESO competitions. If so, will there be separate interviews for each CLIN?

A: The Agency intends to hold discussions with the shortlisted firms under the DES procurement, as required by FAR Part 36.602. The Agency will hold separate discussions with shortlisted firms on a CLIN by CLIN basis. The form of those discussions (in- person, telephone interviews, or written response to questions) is still under consideration. RES and ESO procurements will follow procedures under

FAR Part 15.

Q17: How does EPA view past performance if performed for other Federal Entities? DOD:

Navy, USACE, Air Force, State, Commercial

A: Relevancy will be defined in the solicitation and all past performance that is relevant will be considered. However, past performance with work associated with

CERCLA will be considered the most relevant experience, as compared to other environmental type work.

Q18: With similar/relevant experience key to successfully being awarded a contract, how does

EPA view incumbency and how important is cost (LPTA vs. Best Value

A: For DES, the Agency will evaluate specialized experience in accordance with the evaluation criteria set forth in FAR Part 36. ESO and RES will be awarded based upon best value to the government with cost being the least important factor.

Incumbency will not be an evaluation factor for any of suites.

Q19: Who is responsible for subcontractor selection, the contractor awarded the CLIN or the

EPA?

A: Each prime contractor is responsible for proposing its own team of subcontractors. The prime, along with its team will be evaluated against the evaluation criteria established in the DES Request for SF 330s or the RES or ESO solicitation.

Q20. For a specific contract suite, (e.g., DES) will EPA use a single evaluation board for all

CLINS or separate evaluation boards for each CLIN?

A: The evaluation boards are part of the EPA’s internal procedures and the EPA does not intend to share details regarding the makeup of the boards.

Q21: You mentioned that ERRS contractors are not conflicted from proposing on RAF. What about REPA prime contractors?

A: REPA contractors, in general, are not conflicted from bidding on any of the three suites of contracts. However, the contractor would need to evaluate its line of business in order to determine whether or not it has an organizational conflict with performing remedial work at the anticipated Superfund sites.

Q22: Please clarify naming SB companies for LB. We are not sure of the scope or where it will be, so I cannot list my subs.

A: RES is an Indefinite Delivery Indefinite Quantity type contract, therefore, the scope of work will be defined at the task order level. Proposed subcontractors should be consistent with the type of work included in the contract statement of work.

Q23: Are M-P arrangements under SBA M-P Program that form JVs permitted to submit as a

SB?

A: The SBA Mentor-Protégé Program operates as a component of the 8(a) Business

Development Program and only covers joint ventures with 8(a) firms. The rules regarding the size status of SBA mentor-protégé joint ventures are as follows, in pertinent part (13 CFR Section 124.520):

“(d) Benefits.

(1) A mentor and protégé may joint venture as a small business for any government prime contract or subcontract, including procurements with a dollar value less than half the size standard corresponding to the assigned

NAICS code and 8(a) sole source contracts, provided the protégé qualifies as small for the procurement and, for purposes of 8(a) sole source requirements, the protégé has not reached the dollar limit set forth in§

124.519.

(i) SBA must approve the mentor/protégé agreement before the two firms may submit an offer as a joint venture on a particular government prime contract or subcontract in order for the joint venture to receive the exclusion from affiliation.

(ii) In order to receive the exclusion from affiliation for both 8(a) and non-

8(a) procurements, the joint venture must meet the requirements set forth in§ 124.513(c).”

For other, non-8(a) joint ventures, all parties in the joint venture must qualify as small for the procurement in order for the joint venture to be deemed small.

Q24: What is the meaning of JV partners being co-equal primes.

A: Partners in a joint venture are considered a single entity, operating as a single prime contractor for the purposes of a specific business venture, thus being viewed as “co-equal primes”. Conversely in a prime-subcontractor relationship, there are two separate entities where only the prime contractor has the direct, legal relationship with the buyer.

For additional reference, 13 CFR Section 121.103(h) defines a joint venture as follows:

“A joint venture is an association of individuals and/or concerns with interests in any degree or proportion by way of contract, express or implied, consorting to engage in and carry out no more than three specific or limited-purpose business ventures for joint profit over a two year period, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally.

Q25: Is EPA planning to exclude the SBA JV program that includes a large and small firm?

A: No. SBA Joint ventures are welcome to compete.

Q26: Slide 18 indicates you can be both a Prime (which includes JVs) and a sub on all suites.

Yet in the discussion I believe it was said you could be a prime alone, a JV Prime and a sub.

Which is correct?

A: A vendor may be a prime on all suites, a sub on all suites, or any combination thereof, provided there are no conflicts of interest.

Q27: Please confirm the eligibility of SBA Mentor Protege Joint Ventures.

A: The SBA Mentor-Protégé Program operates as a component of the 8(a) Business

Development Program and only covers joint ventures with 8(a) firms. The rules dollar value less than half the size standard corresponding to the assigned

NAICS code and 8(a) sole source contracts, provided the protégé qualifies as small for the procurement and, for purposes of 8(a) sole source

Q28: Please confirm eligibility of SBA M/P JVs as SMALL BUSINESSES. Thanks.

Development Program and only covers joint ventures with 8(a) firms. The rules dollar value less than half the size standard corresponding to the assigned

NAICS code and 8(a) sole source contracts, provided the protégé qualifies as small for the procurement and, for purposes of 8(a) sole source

Q29: Please clarify. An 8a Mentor Protege JV can be between an 8a and large or 8a and other than large. Other JV's must be small.

A: The SBA Mentor-Protégé Program operates as a component of the 8(a) Business

Development Program and only covers joint ventures with 8(a) firms. The rules dollar value less than half the size standard corresponding to the assigned

NAICS code and 8(a) sole source contracts, provided the protégé qualifies as small for the procurement and, for purposes of 8(a) sole source

Q30: For ESO, can a LB JV with its mentor protege SB, which normally is considered as a SB?

Development Program and only covers joint ventures with 8(a) firms. The rules dollar value less than half the size standard corresponding to the assigned

NAICS code and 8(a) sole source contracts, provided the protégé qualifies as small for the procurement and, for purposes of 8(a) sole source

Q31: Does the aggregate of SB JV companies (total number of employees in the JV) have to meet 562910 requirement? Or, is it acceptable individual companies are SBs but total exceeds

562910 limit?

A: Generally, a joint venture of two or more qualified small business concerns may submit an offer for a contract so long as each concern is small under the size standard corresponding to the NAICS code assigned to the contract and the small business joint venture in the aggregate may exceed the size standard provided the procurement meets the following conditions:

(i) For a procurement having a revenue-based size standard, the procurement exceeds half the size standard corresponding to the NAICS code assigned to the contract; and

(ii) For a procurement having an employee-based size standard, the procurement exceeds $10 million.

For a procurement that does not exceed the applicable dollar amount specified above, a joint venture of two or more qualified small business concerns may submit an offer for a contract so long as the qualified small business concerns in the aggregate are small under the size standard corresponding to the NAICS code assigned to the contract.

Q32: Does 500-emplyee size standard you mentioned apply only to individual SB members of the JV team or total number of employees in the JV?

A: Generally, a joint venture of two or more qualified small business concerns may submit an offer for a contract so long as each concern is small under the size standard corresponding to the NAICS code assigned to the contract and the small business joint venture in the aggregate may exceed the size standard provided the procurement meets the following conditions:

(i) For a procurement having a revenue-based size standard, the procurement exceeds half the size standard corresponding to the NAICS code assigned to the contract; and

(ii) For a procurement having an employee-based size standard, the procurement exceeds $10 million.

For a procurement that does not exceed the applicable dollar amount specified above, a joint venture of two or more qualified small business concerns may submit an offer for a contract so long as the qualified small business concerns in the aggregate are small under the size standard corresponding to the NAICS code assigned to the contract.

Q33: Under ESO, Do all JV members of a JV have to be small per 562910, even if it’s a JV approved under SBA Mentor Portege program?

A: The SBA Mentor-Protégé Program operates as a component of the 8(a) Business

Development Program and only covers joint ventures with 8(a) firms. The rules dollar value less than half the size standard corresponding to the assigned

NAICS code and 8(a) sole source contracts, provided the protégé qualifies as small for the procurement and, for purposes of 8(a) sole source

Q34: Can an 8(a) Mentor-Protégé JV (under the SBA or EPA program) submit on the ESO?

A: Yes.

Q35: Under the SBA M-P Program a large business and an SB can form a JV and be a SB entity.

They should be eligible to submit as an SB on the ESO.

A: The SBA Mentor-Protégé Program operates as a component of the 8(a) Business

Development Program and only covers joint ventures with 8(a) firms. The rules dollar value less than half the size standard corresponding to the assigned

NAICS code and 8(a) sole source contracts, provided the protégé qualifies as small for the procurement and, for purposes of 8(a) sole source

Q36: For ESO, Is EPA planning to exclude the SBA JV program that allows a large and small business firm to form a JV? SBA treats those JVs as SBs, and historically, EPA has received SB credit for those JV arrangements.

A: No, EPA is not planning to exclude the SBA JV program.

Q37: 13 CFR 124.519-520 allows for a mentor and their 8(a) protégé to submit as a small business for any prime government contract. Will EPA consider an 8(a) Mentor-Protégé joint venture to be a small business under the ESO contract structure?

Q38: Will a 8(a) firm that forms a JV with its Mentor under a Mentor Protégé agreement be considered as a small business under the ESO?

Q39: May a mentor-protégé joint venture comprising an 8(a) SDB and their large business mentor compete for an ESO contract?

Q40: Can an 8(a) Mentor-Protégé JV (under the SBA or EPA program) submit on the ESO?

Q41: you mentioned that under the ESO suite, in a JV both firms must be a small business. Will

SBA-approved JV's composed of a small business protege and a large business mentor be acceptable?

A: Yes. The SBA Mentor-Protégé Program operates as a component of the 8(a)

Business Development Program and only covers joint ventures with 8(a) firms. The rules regarding the size status of SBA mentor-protégé joint ventures are as follows, in pertinent part (13 CFR Section 124.520):

dollar value less than half the size standard corresponding to the assigned

NAICS code and 8(a) sole source contracts, provided the protégé qualifies as small for the procurement and, for purposes of 8(a) sole source

Q42: Is it EPA’s intent to differentiate the SOW to be performed between Small Business and

Other Than Small Business for the DES and RES suites of contracts and, if so, what are the differences in the SOW between the SOWs for each suite of contracts?

A: No, the SOW will be the same for both large and small businesses.

Q43: Regarding the small business set aside status of the ESO suite of contracts: per the

September 2014 Draft SOW for ESO, the scope of these contracts includes studies, designs, remedial actions, oversights, and LTRAs of what could potentially be complex in situ groundwater technologies. Given the significant scope of ESO and the complex challenges that this scope represents, please explain why the EPA is not considering having full and open competition on this suite of contracts, along with small business reserves?

A: Market research indicates there are adequate small businesses available who are capable of performing the type and scope of work required by the ESO suite of contracts.

Q44: Is EPA planning to do any market research to determine that there are two or more qualified small business so that the required will be totally set-aside for small business?

A: The EPA has performed market research to determine whether there are adequate small businesses to perform both the type and magnitude of work involved in all three suites of contracts and has made subsequent decisions based on that research.

Q45: How can you state that market research shows that there are not 2 small businesses that can perform the entire SOW when you currently have small business contracts in each region?

A: While there are small business contracts in each region, there are also large business contracts. In order to perform the entire capacity of all work under these contracts, market research shows that both large and small businesses will be needed. Under the new Remedial Acquisition Framework, it is anticipated that small businesses will not only receive approximately the same amount of work as before, but will also have the opportunity to compete on work at the task order level that, historically, may have been awarded to large businesses.

Q46: The previous pre-solicitation showed the RES as a SB set aside. In order to initially state that it would be a SBSA you must have had the market research. Where did that research go?

A: There has been no pre-solicitation with RES as a SB set-aside. The decision to use reserves vs a total set aside was based on all market research to date.

Q47: Slide 11 says the EPA may restrict the competition of TO’s to SB within a CLIN. This sounds like 3 or 4 awardees may be SB. Can you say that SB awardees will be a minimum of 3 and might be more?

A: As discussed in a previous answer, the Agency intends to award three contracts to small businesses per CLIN under DES and RES; however, should there be more than three small businesses that are found to be the highest qualified under DES or present the best value based on evaluation criteria for RES, there is potential for more than three small business awards.

Q48: Slides 13 and 16 combine at least 3 Regions into one CLIN and yet EPA is keeping the awardees up to 7 per CLIN for the RES. There are many contractors that could execute the work and it would make sense, especially for the SB community to have more than 7 awardees. Please consider expanding the 7 awardees per CLIN.

A: The Agency anticipates awarding 7 contracts per CLIN; however, based on the evaluation results, more than 7 contracts may be awarded.

III. DES

Q1: To clarify, will the technical evaluation factors specified in the previously release DES pre-solicitation notice remain the same in the upcoming DES solicitation or will there be new selection criteria? Also, has anything else in the solicitation changed?

A: The EPA intends to release another draft Request for SF 330 which has not yet been finalized. Any updates will be reflected in this draft. One significant change that will be in the new draft is that rather than procuring DES services on an individual regional basis, the Agency has decided to combine groups of regions, similar to the way the RES and ESO services will be procured. CLIN One will consist of Regions 1, 2 and 3; CLIN Two will consist of Regions 4, 5, 6 and 7; and

CLIN Three will consist of Regions 8, 9 and 10.

Q2: Will DES solicitations be under 541330 A-E Services per FAR Part 36.6 Brooks Act or

562910 Environmental Remediation NAICS? If 562910, why not use the 541330?

A: Based upon the nature of the work anticipated to be performed under DES, the

Agency believes that 562910 is the most appropriate NAICS code for this requirement.

Q3: Will TOs only be awarded on the basis of original SF-330s or will companies be able to provide new qualifications that they may have gained since the original SF-330s?

A: Companies will be able to update their SF 330s annually. Additionally, when awarding task orders, the contracting officer may request additional information/qualifications from contractors. The decision will be made on a task order-specific basis.

Q4: What will be the expected division or split of Small Business and Unrestricted pools for the

DES task order awards within a typical CLIN in terms of dollar volume?

A: There is no set split. As noted above, three contracts per CLIN will be reserved for small businesses and task orders may be set aside for competition amongst small businesses.

Q5: Slide 11 - "EPA may elect to set aside task orders exclusively among small businesses within a CLIN…" EPA should determine whether this will be the case globally (nationwide) prior to the release of the DES, and not leave it as an option by Region. This will be a key factor in determining whether SBs should/will pursue the DES contracts, and leaving it vague will greatly discourage SBs from participating if the majority of TOs will be competed against LBs.

At the very least, EPA should determine whether this will take place the majority of the time, or if it would be more of an exception.

A: As noted above, task orders may be set aside for competition amongst small business holders dependent on the small business CLIN holders’ qualifications to perform the work and the Agency’s overall small business goals and contract’s small business target. A target has been set for 30 percent of task orders to be set aside for small business competition under DES.

Q6: We understand the total capacity for the DES contract is expected to be $860M. Can we get a breakdown on the expected distribution of this capacity per CLIN?

A: Currently, the total capacity expected for DES is $900M, broken down as follows:

CLIN Capacity/10 years

CLIN 1- (R1-3) =$210M

CLIN 2- (R4-7) =$315M

CLIN 3- (R8-10) =$375M

Q7: Will contracts be allowed as Sect F projects for the DES suite?

A: Clarification of the term “project” will be provided in the upcoming draft

Request for SF 330s.

Q8: How does EPA intend to compete task orders under DES between the contractors? What level of information will EPA request from the contractors during the competition, e.g., for a new RI/FS task order?

A: The DES task order competition process will follow the procedures set forth in

FAR 36.6 which includes an AEEB, and holding discussions with at least three of the most highly qualified firms prior to final selection.

Q9: What is EPA's expected timeframe for each task order competition under DES? For example, for a new RI/FS, how much time will separate the task order RFP release and the award of the task order to the successful contractor?

A: The DES task order competition process will follow procedures set forth in FAR

36.6. Pursuant to FAR 36.6, the EPA will only request a proposal from the most highly qualified firm. The time for award will vary depending on the complexity of the task order.

Q10: SF330 - the database requirement appears to be overly burdensome since the contractors have not yet won a contract. Why not allow the contractors to submit proposals in standard format so that they can be reviewed consistently against the evaluation criteria and then require firms that are selected to submit their proposal in the database format as this would be more cost effective for the firms, including small businesses that are submitting.

A: Based upon overall vendor feedback, the EPA does not believe the database requirement will be burdensome. It is intended to streamline the process both in terms of submitting and evaluating the large volume of SF 330s anticipated.

Q11: Different geographic zones across the United States give rise to differing labor rates (e.g., labor rates on the east and west coasts tend to be higher than rates in the Midwest). For DES, does EPA expect that the same labor rates/pricing structure will be used for all CLINs?

A: No. The EPA anticipates setting labor rates specific to individual EPA Regions.

Q12: In using the SF 330s to support Task Order awards, does EPA intend to rely 1) solely on the SF 330 to make the award determination, or 2) use the SF 330 to create a short list for the task order, and then request additional information on qualifications, or 3) another approach for making task order awards, or sometimes one of these approaches, and sometimes another approach?

A: Task orders will be awarded using the procedures set forth in FAR 36.6 which includes an AEEB, and holding discussions with at least three of the most highly qualified firms prior to final selection. The EPA may request additional information/qualifications from contractors. This decision will be made on a task order-specific basis.

Q13: Will Subcontracting Plans be required as part of the SF 330 in Section H?

A: Subcontracting Plans will not be required as part of the SF 330 submission process, but will be required during the subsequent RFP stage with the short-listed firms.

Q14: Under DES, does a SB have to be rated higher than Unrestricted businesses to be awarded a contract? For example, if only 3 contracts are awarded in a CLIN would a SB have to be rated in the top 3 to win a contract?

A: The EPA intends to award approximately seven contracts per CLIN, with three of these contracts reserved for small businesses subject to the evaluation resulting in three capable small businesses. Therefore, a small business does not necessarily have to be rated higher than an unrestricted business to be awarded a contract, but they must be capable to perform the work within the CLIN. The Agency intends to award three contracts to small businesses under DES; however, should there be more than 3 small businesses that are found to be the highest qualified under DES, there is potential for more than 3 small business awards within a CLIN.

Q15: What evaluation criteria will EPA use to determine the most highly qualified firm for DES task orders against the DES contract?

A: The evaluation criteria will be developed consistent with FAR 36.602-1 and included in the request for SF 330s.

Q16: Please describe how the EPA Regions will participate in the DES SF330 evaluation process?

A: Standing AEEB boards will be created for each CLIN. The specific makeup of these boards is internal EPA procedure and will not be released.

Q17. Will all CLINS be required to be submitted at the same time or staggered?

A: The response time for all CLINs within a specific suite will be the same;

however, proposal times between the three suites of contracts have been staggered

(see Section I Timeline).

Q18: Will the draft SF 330 instructions released by EPA last October, such as maximum number of Section E personnel and Section F projects, remain?

A: The SF 330 Technical Instructions have been modified since the October draft.

Please refer to the latest instruction provided with the revised SF 330 Entry Form on FedConnect (reference #SOL-HQ-14-00022) for the updates. Revised Technical

Instructions and a revised SF 330 Entry Form are also intended to accompany the new Draft Request for SF 330s intended to be posted in the last quarter of FY 2015.

Final instructions issued with the official Request for SF 330s should be consulted in case of further modifications.

Q19: The database is electronic, but you have established a Page limitation. How will this be reconciled?

A: Please consult the draft SF 330 form and instructions on FedConnect (reference

#SOL-HQ-14-00022) for details.

Q20: 55 pages for the DES is still limiting. Would EPA consider 65 pages as discussed in the

October webinar.

A: The EPA has modified the electronic SF 330 form to take into account vendor feedback and increased the page limit from 50 to 55.

Q21: In particular to changes in the DES solicitation will the number of past experience projects and resumes be expanded

Q22: Can the EPA provide a definition of a project for the purpose of submittal in section F of the SF330 under the DES solicitation.

A: Clarification of the term “project” will be provided in the upcoming draft

Request for SF 330s.

Q23: You stated that the 55 page limit on the SF330 applies to Parts I and II. This punishes larger businesses with more offices. Typically page limits cover only Part I. Please confirm that this is Part I or II and II.

A: The 55 page limit applies only to Part I.

Q24: For DES SF 330- limited to 5 projects?

Q25: Will we still have to submit online to the EPA data base?

A: Yes, please consult the draft SF 330 form and instructions on FedConnect

(reference #SOL-HQ-14-00022) for details.

IV. DES & RES:

Q1: Will a firm be prohibited from pursuing an RES suite if the firm is also pursuing the design suite?

A: No, firms may pursue both DES and RES contracts. However, it should be noted a firm that designed the remedy will be conflicted from performing the remediation.

Q2: If the design engineering firm is a subcontractor to a prime under the RES, can the "sub" firm hold a DES contract?

A: Yes, a firm may be any combination of prime and sub across the 3 suites.

However, it should be noted a firm that designed the remedy will be conflicted from performing the remedial action.

Q3: If a SB is a team member on a DES "large business" contract, and they are a Prime under the

RES, are they conflicted out from bidding on TOs if the DES team did the design, even if the SB had not worked on the DES portion of the project?

A: In general, no. However, conflicts of interest will be evaluated and potentially mitigated at the task order level.

V. RES:

Q1: RES slides indicated that a self-perform requirement of 50% would be required of Small

Business performing under the RES Suite. This requirement is typically 15% for federal construction contracts.

A: The RES contract is a services contract with construction components. The 50% limitation of subcontracting as stated in FAR Clause 52.219-14 entitled “Limitations on Subcontracting” will apply to the RES solicitation and resultant contract(s).

Unless the small business is an 8(a) Business Development program participant and a waiver is granted by the Small Business Administration, the small business must comply with the limitation at the Task Order Level.

Q2: During the presentation of the RES Suite slide, it was stated 1 or more Small Businesses would be included in the potential 7 selections for each CLIN. Small Businesses have proven to have the capability to perform large remedial contracts, both under traditional and performance based contracting. We request that you consider awarding a minimum of 4 Small Business contracts, if you have identified 4 qualified Small Businesses.

A: The EPA intends to award approximately seven contracts per CLIN, with three of these contracts reserved for small businesses subject to the evaluation resulting in three capable small businesses.

Q3: For the RES, is EPA looking for a firm that has construction equipment (yellow iron) to self-perform the work?

A: The RES SOW includes elements of service and construction. Successful offerors must demonstrate that the prime and its subcontractors possess the technical expertise to perform all tasks in the SOW.

Q4: Will there be a separate Small Business pool for RES Task Order competition?

A: No. RES is a multiple-award indefinite-delivery indefinite-quantity (IDIQ) contract, which will follow the fair opportunity process in accordance with FAR

16.505(b) and reserves the right to set aside task orders for small business competition.

Q5: If there isn't a separate Small Business pool in RES, will SB be considered before large businesses?

A: Prior to competing a task order for full and open competition, the contracting officer will determine whether or not to set aside a task order for competition amongst small businesses based on small business CLIN holders’ capability, and targets set for the contract, and the Agency’s overall small business goals.

Q6: In the event of a SB set a side task order under a RES contract, how will EPA demonstrate sufficient competition if there is not three SB contract holders.

A: The EPA intends to reserve three contract awards per CLIN for small business.

Q7: When firm-fixed price task orders are awarded under a RES contract, will EPA consent still be required for subcontracts?

A: This will be decided at the task order level. In accordance with FAR 44.201-1(a), the contracting officer may require consent to subcontract if the contracting officer has determined that an individual consent action is required to protect the

Government adequately because of the subcontract type, complexity, or value, or because the subcontract needs special surveillance.

Q8: For RES, will there be mandatory SB subcontracting requirements? Can EPA elaborate on what those might look like?

A: The EPA anticipates following the guidance of FAR 19.702 and 19.704, Subcontracting Plan Requirements, with these contracts.

Q9: Under RES, how will pricing be evaluated for multiple CLINs? Does EPA expect the same pricing structure for all CLINs?

A: The EPA is still developing the evaluation criteria for RES. Details will be provided in the draft solicitation.

Q10: If you are committing to a small business reserve for the RES acquisition can you commit that there will be some portion of the up to 7 awards be awarded to small business and therefore the small business are not competing against the large business

A: The Agency intends to award 3 contracts to small businesses for each CLIN under RES. The contracting officer will determine whether or not to set aside a task order for competition amongst small businesses, based upon small business CLIN holders’ capability, the Agency’s overall small business goals, and the contract’s small business targets.

Q11: Given that the majority of RES work is performed by SBs how can there not be sufficient numbers to warrant SB set-asides? For example, all of the RES type work in Region 7 is SB set-aside.

A: RES type work is currently performed by both large and small businesses.

Additionally, there is potential for work to be performed at hundreds of sites simultaneously which may require the use of both large and small businesses.

Q12: RAC bonding threshold ($25K) has been lower than that provided in FAR 28, Miller Act

($150K). Will that be remedied in the new procurements?

A: Bonding decisions will be made on a task order specific basis. Project-specific requirements will drive this decision.

VI. RES and ESO

Q1: For the RES and ESO will a RFP with a technical and cost proposal be required?

Q2: Can an RES contractor who constructed a remediation system be permitted, if they are also an ESO contractor, to compete for the operation of the system they constructed?

A: No, if an RES contractor constructed a remediation system and it also has an

ESO contract, it may not compete for the operation of the system in which it constructed. However, there may be exceptions made with the approval of the head of the agency or authorized representative in accordance with FAR 36.209.

Q3: Will RES and ESO cost proposals require general labor and equipment rates or will they include a sample project to cost out?

A: The pricing scheme is still under development.

VII. ESO:

Q1: Can a large business be a team subcontractor to a small business on ESO?

Q2: As you are aware, the Small Business administration is proposing rule changes to the

LIMITATIONS ON SUBCONTRACTING RULE LIMITATIONS ON SUBCONTRACTING –

NATIONAL DEFENSE AUTHORIZATION ACT 2013 (NDAA). If these changes go into effect during the implementation of the DES contract, small businesses will be required to perform 50% of the total contract cost- not 50% of the labor as is currently required. Given the amount of pool subcontracting costs (drilling, surveying, laboratory, etc.) generally required to perform work under DES, the small business will be limited in using its team members to assist them perform work. It is likely that a large business subcontractor will be unable to support a small business prime contractor since the small businesses, per this rule, will be responsible for the majority of a project’s execution. How will EPA take this into account during the evaluation of the DES SF 330 and during DES task order competition?

A: The EPA will follow regulations that are in place and cannot evaluate based on proposed regulations.

Q3: In the ESO suite, will each prime contractor be required to comply with limitations on subcontracting, under which each small business prime must demonstrate its ability to perform at least 50% of the effort under each task order?

A: Each prime contractor will be required to comply with the FAR clause 52.219-

14, Limitations on Subcontracting. Since the ESO procurement is a total small business set-aside, the 50% requirement in FAR 52.219-14 is at the contract level.

Q4: Will an ESO contractor be permitted to perform design and RA activities on the same site?

A: No, an ESO contractor will not perform the RA activities if that contractor designed the project. However, there may be exceptions made with the approval of the head of the agency or authorized representative in accordance with FAR 36.209.

VIII. General Questions:

Q1: Does CLIN mean Region in this instance?

A: No. Each CLIN is made up multiple geographic areas. CLIN One will consist of

Regions 1, 2 and 3; CLIN Two will consist of Regions 4, 5, 6 and 7; and CLIN Three will consist of Regions 8, 9 and 10.

Q2. Slide 19 indicates EPA may rely on existing vehicles including USACE. USACE Kansas

City District has a very similar suite of contracts (ie AE, PRAC and LTRA), which has current authorization for procurement for several billion. It would seem logical and less costly to the tax payer (and the contractor community) to utilize the existing Kansas City District contracts and future MEGA authorization. Please explain if this has been considered, and if considered, to what extent it will be used.

A: The EPA has in the past and will continue to leverage USACE contracts, when appropriate. As has been done in the past, the EPA will continue to work with

USACE to ensure sufficient contracts (and capacity) are available to execute

Superfund contract requirements.

Q3: Is "leverage" synonymous with "use"?

A: Yes

Q4: What is the best way to submit a bid for subcontracting that was not outlined in previous slide.?

A: Draft and final solicitations will include proposal instructions.

Q5: The company I represent offers security services. How would we solicit to the awarded contractors or the EPA?

A: Awards will be synopsized in FedBizOps.

Q6: Will the acquisition forecasts for each region be made available?

A: Currently, EPA does not have a forecast per region as this is an IDIQ contract;

however, maximum values for each CLIN are provided below.

Q7: Will EPA announce the dollar value per CLIN for the DES, RES, and ESO contract suites?

A: The following are the approximate maximum values for each CLIN.

DES

CLIN 1- (R1-3) =$210M

CLIN 2- (R4-7) =$315M

CLIN 3- (R8-10) =$375M

RES

CLIN 1- (R1-3) =$340M

CLIN 2- (R4-7) =$560M

CLIN 3- (R8-10) =$670M

ESO

CLIN 1- (R1-3) =$115M

CLIN 2- (R4-7) =$205M

CLIN 3- (R8-10) =$175M

Q8: Please clarify slide 18 - are you saying that contractors "can be" primes in multiple suites?

A: Yes, a firm may be any combination of prime and sub across the 3 suites.

However, a firm may not perform both the design and remediation for the same site.

Q9: Will RES and ESO use a proposal format with pricing or the SF 330?

A: The RES and ESO solicitations will include proposal instructions that will require the contractors to submit a technical proposal and a price/cost proposal.

Q10: Are SF330s required for RES and ESO, or just DES?

A: An SF 330 is only required for the DES suite. RES and ESO will have their own proposal submission requirements.

Q11: It seems to me that additional time for proposal submission to accommodate responses to multiple CLINS should not be allowed. If the contractor is unable to provide concurrent responses then how can they provide responses under the contract.

A: All CLIN proposals will be due at the same time.

Q12: Will the RES proposals also be electronically submitted?

A: Yes, RES and ESO proposals will be submitted through FedConnect.

Q13: What is the anticipated format of the RES RFP

A: The anticipated format for RES solicitation is the Uniform Contract Format, FAR 15.204.

Q14: What does EPA mean on Slide #4 by the bullet, “Leverage Performance Based

Acquisition”? How would performance based acquisition procedures be used?

A: Task orders that are conducive to performance based service acquisitions will be awarded as performance based task orders. Details will be included in the solicitations.

Q15: What is the anticipated format of the Proposal for the RES?

A: The RES format for proposals have not been determined at this time.

Q16: How, and to what extent, will the US Army Corps of Engineer’s (USACE) role change in executing remediation work for EPA?

A: The EPA will continue to leverage the USACE contracts, when appropriate, as it has in the past.

Q17: Slide 4 stated that EPA wants to reduce high risk contracts. Where does EPA experience highest level of risk?

A: Both Time and Material and Cost Reimbursement contracts are higher risk.

EPA intends to reduce the use of these types of contracts by moving toward fixed price task orders for those types of tasks that lend themselves to fixed price.

Q18: How much time will you allow to prepare the RES and ESO proposals? You are planning the solicitation at FY end, which is a very busy time for proposal activity.

A: The RFPs will be staggered so that proposals are not due at the same time.

Please see the timeline above for specific details.

Q19: We understand EPA will advertise the DES first. Will the successful DES Contractor be announced prior to the solicitation of the RES, thus allowing us to choose which contract vehicle we want to compete on? As a SB, we want to ensure we are making the best use of our resources.

A: No. However, the RFPs for the…