Sol_SOL-NC-14-00011_Amd_000002.pdf

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EPA-RTP Operations and Maintenance Federal contract opportunity
Solicitation number
SOL-NC-14-00011
Issued by
Environmental Protection Agency Office of Acquisition Management

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SOL-NC-14-00011

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SOL-NC-14-00011

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1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT 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.

x

Research Triangle Park NC 27709

RTPPOD

Mail Code: AA005 109 T.W. Alexander Drive US Environmental Protection Agency

RTPPOD

04/27/2015000002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

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: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

03/27/2015

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

EPA-RTP Facilities Operations and Maintenance

The purpose of this amendment is to:

1) Extend the proposal due date until May 12, 2015 at 12:00 am EST;

2) Provide answers to vendor questions completed to date via Continuation Pages to follow;

3) Incorporate Attachment 18 - Access to Gov't Property Listing;

4) Provide vendors Pre-Proposal Conference Materials as presented on April 14, 2015 via

Attachment 19.

All other terms and conditions remain unchanged.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Keith Stearns

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

04/27/2015

Block 14 Continued:

Vendor Question Response Vol 1

1) Contractor Inquiry: Will you be assigning a total page limitation for the technical proposal?

Government Response: No

2) Contractor Inquiry: Section L.14(b)(2)b in the solicitation does not specify whether ODCs should be included in CLIN X001AE. Are ODCs to be included in CLIN X001AE or CLIN 0300?

Government Response: All required costs to complete CLIN X001AE are to be proposed on X001AE. CLIN 0300 is only applicable to ODC’s for IDIQ work.

3) Contractor Inquiry: Page 12 of the solicitation states that “non-routine equipment is defined as any equipment not included in the routine equipment list.” We could not find the Routine Equipment List in the solicitation documents. Please advise or provide.

Government Response: Amended language to Local Clause EPA-B-16-104, Para B., NON ROUTINE EQUIPMENT is changed to the following:

“Non-Routine Equipment is defined as any equipment not scheduled for routine replacement under Local Clause EPA-B-32-104 “Consideration and Payment”, CLIN X001AE. Non-Routine Equipment charges must be approved by the Contracting Officer and COR and/or TOCOR.”

**This language will be incorporated into RFP Section B of an upcoming RFP amendment after all additional revisions are complete.

4) Contractor Inquiry: Section VI, paragraphs A.7 and B.20, discuss the need for supply inventory management, supply procedures, procurement of materials/supplies, etc. Does EPA want the cost of the supply management/logistics personnel addressed/priced in the fixed price component of the price proposal or will these costs be addressed in a Standing Task Order (STO)?

Government Response: These costs will be addressed via Standing Task Order.

5) Contractor Inquiry: Exhibit A: The listing of SCA/CBA labor categories designates the first labor category (Access Control Clerk) as Sub-CLIN 0100. To avoid confusion and to allow the use of Sub-CLIN 0100 to signify all SCA/CBA Sub-CLINs, we suggest that the Sub-CLINs for the specific SCA/CBA labor categories begin at 0101.

Government Response: The numbering of each Sub-CLIN will be revised as recommended and incorporated into Exhibit A in an upcoming RFP amendment after all additional revisions are complete.

6) Contractor Inquiry: PWS Shows a FFP for ODCs. For the ODC CLIN, does the contractor plug in the whole number provided for ODCs?

Government Response: Yes, this a plug number to apply within your proposal. Be advised, that this is not a FFP for ODCs as worded in the question. The ODCs are on the ID/IQ portion of the contract. They can be FFP and/or T&M at the task order level depending on what is most appropriate for the effort required.

7) Contractor Inquiry: Are the construction hours listed in the solicitation documents based on historical data?

Government Response: The Government does not release its method of estimation.

8) Contractor Inquiry: As only current rates are provided for SCA and DBA, what is the Government’s expected escalation rates for option years?

Government Response: See the following RFP provisions and/or clauses:

- FAR Clause 52.222-32 Construction Wage Rate Requirements – Price

Adjustment (Actual Method)

- FAR Clause 52.222-43 Fair Labor Standards Act and Service Contract Labor

Standards – Price Adjustment (Multiple Year and Option Contracts)

- Local Provision EPA-H-22-101 Compliance With FAR Clause 52.222-43

9) Contractor Inquiry: Are the following system PM’s performed in house or performed by subcontractors? If subcontracted, can you please provide the name of the company performing the PM’s on the following systems: Grease Traps, Acid Neutralization, Animal Watering System Contractor Inquiry: Please provide a list of current subcontractors performing on this contract.

Contractor Inquiry: Please identify specialty subcontractors providing licensed inspection/services for equipment such as generators, switchgear, elevators, boilers, etc…

Government Response: The Government cannot release this information at this time.

FAR Clause 52.222-17 “Non-Displacement of Qualified Workers” details the release of information to the successor contractor. The current contractor is not required to release this information until the time specified in 52.222-17 and the Government cannot release the information provided until the timeframes specified within the clause. It is the responsibility of each interested contractor to propose their own technical approach to successfully fulfill contractual requirements prior to the appropriate release of this information. If an interested Contractor solicits this information from the incumbent prior to the timeframes identified in 52.222-17, then any contact with identified personnel and/or subcontractors must be on the personnel’s own time (time not in performance of the current contract).

10) Contractor Inquiry: Please identify all facilities and equipment that will be provided for contractor use to include office space, storage, computers, printers, ladders, testing equipment, etc…

Government Response: PWS Section VIII will be incorporated into this RFP as follows:

VIII. Access to Government Property, Service, and/or Space

A portion of the effort required to be accomplished under this contract must be performed at a Government facility. The Contractor shall be granted ingress and egress at such Government facility.

While Contractor personnel are at the Government facility, the Contractor is responsible for compliance with all laws, rules, and regulations governing conduct with respect to health and safety as they relate not only to their employees and agents, but also to other personnel who are Government employees or agents of the Government, and to the property at the site regardless of ownership.

When the Contractor’s team arrives at the Government facility, the Project Manager will make detailed arrangements with the COR for access to and availability of property, services, and space as provided by the Government.

The following space considerations will be made available by the Government:

- EPA RTP Main Campus Facility The Contractor will be provided approximately 2,000 square feet of space within the EPA Main Campus Facility for office space and staging activities.

The Government will also provide voice and data communications at work stations within the space to facilitate the work required by this PWS.

- Human Studies Facility The Contractor will be provided approximately 250 square feet of space which houses the BAS Andover System, building prints work bench, and storage for small parts and a tool cart.

The Government will provide the Contractor with access to property similar to the listing in Attachment 18- Access to Gov’t Property Listing.

**The former PWS Section VIII “Transition Plan” will be renamed as PWS Section IX.

Attachment 18 – Access to Gov’t Property Listing will be renumbered at the time of award to maintain numbering consistency after RFP specific Attachments are no longer required.

11) Contractor Inquiry: The CBA states that technicians provide their own hand tools and the contractor provides replacements. Are these costs borne by the Government or the Contractor?

Government Response: As stated in the CBA, the company will reimburse employees for replacement tools IAW Section F of the CBA. How the Contractor accounts for this reimbursement is a determination that must be made by the Contractor and specified within their proposal.

12) Contractor Inquiry: As resumes are required for key personnel, and first right of refusal applies to all SCA wage labor categories protected under 52.222-17 Non- Displacement of Qualified Workers, please provide the names/contact information for current employees so that we may propose to retain incumbent staff and include them in our proposal. Are any of the Key Personnel SCA employees?

Government Response: FAR Clause 52.222-17 “Non-Displacement of Qualified Workers” details the release of information to the successor contractor. The current contractor is not required to release this information until the time specified in 52.222-17 and the Government cannot release the information provided until the timeframes specified within the clause. It is the responsibility of each interested contractor to propose their own key personnel to successfully fulfill contractual requirements. If an interested Contractor solicits this information from the incumbent prior to the timeframes identified in 52.222-17, then any contact with identified personnel must be on the personnel’s own time (time not in performance of the current contract). There are some Key Personnel covered by the SCA/CBA.

13) Contractor Inquiry: For positions identified as "Key Personnel", such as the licensed HVAC Mechanics, Plumbers, and Electricians…please verify if the pay dictated by the CBA is the hourly rate for the position PLUS additional license pay.

Government Response: The Government has determined that Article XIV of the CBA is clear in regards to the question proposed.

14) Contractor Inquiry: Is the scope of work under this solicitation different from that performed by the incumbent service provider?

Government Response: The scope of work under this solicitation meets the requirements of FAR Part 22.1008-2(b).

15) Contractor Inquiry: Is the “key individual” assigned to the Operation of the Facility Trouble Desk considered a Key Personnel?

Government Response: No. Facility Trouble Desk requirements are covered under Sub-CLIN X001AB. Key Personnel are as defined at EPAAR 1552.237-72 and Sub-

CLIN X001AC

16) Contractor Inquiry: Please provide the current contract’s period of performance and value.

Government Response: The current contract period of performance is as was briefed at the pre-proposal conference (see slides attached to Amendment 2). Contract value can be requested through the Freedom of Information Act (FOIA).

17) Contractor Inquiry: Will the G&A, overhead, and profit rates to be used in development of task orders be separately negotiated or is the contractor to identify those rates as part of this proposal.

Government Response: All G&A, overhead, and profit rates will be negotiated at the basic contract level (see Local Provision EPA-L-36-101). Rates established in the basic contract will apply at the task order level.

18) Contractor Inquiry: Is any work required under this contract currently being performed by 2nd or 3rd shift employees?

Government Response: After hours work is required as outlined in the PWS and as specified at the task order level.

19) Contractor Inquiry: Is response/clean-up of chemical spills chemical spills to be included in the FFP portion of work or will those occurrences be treated as a task order?

If FFP, please provide historical or forecasted data for bidders to develop pricing.

Government Response: Chemical spills cannot be forecasted. Response to chemical spills is accomplished via Task Order.

20) Contractor Inquiry: Regarding the provided DBA (CWRSS) rates, since there is no separate management section provided, and it was indicated during the pre-proposal conference that the hours provided in Schedule B are accurate, should we burden each hour will all overhead, G&A, program management and profit costs?

Government Response: Schedule B does not apply to DBA (CWRSS) requirements.

Schedule B applies to FFP requirements at the Base Contract level, which does not contain construction. Davis Bacon Act (CWRSS) rates should be applied to Schedule A, which was presented in the pre-proposal conference as “quantities specified are estimates only” for the effort required. Local Provision EPA-L-36-101 Para (b)(2)c specifies “loaded hourly rates”. The rates proposed and/or negotiated in Exhibit A for each labor category are the rates that will be used at the task order level for construction type labor.

21) Contractor Inquiry: Reference: B-3 LOCAL CLAUSES EPA-B-16-104 FIXED

RATES FOR SERVICES--INDEFINITE DELIVERY/INDEFINITE QUANTITY

CONTRACT and Subparagraph A-1.-2.

A. FIXED LABOR RATE

1. The fixed rates for the labor categories set forth in the schedule shall be inclusive of all expenses including contract level required reports, wages or salaries, labor costs, fringe benefits, overhead, program management, training, general and administrative expenses, and profit. SOL-NC-14-00011

2. If a fixed rate has been established for a labor category set forth in the schedule for the contractor or subcontractor, but the contractor or subcontractor decides to provide that labor category through a third-party subcontractor, reimbursement for that labor category shall be reimbursed at cost (including any applicable indirect rates) but will not, in any event, exceed the rate set forth in this contract for that labor category for the contractor or subcontractor, depending upon which entity (contractor or subcontractor) acquires the labor.

Question: Since historically a large portion of the construction task order work requires subcontract effort in which subcontractor loaded labor rates are two to three times what a burden Davis Bacon Act classification rate will be, would the government consider establishing a subcontract performance coefficient ELIN that would be bid by the contractor that would be their full mark-up on subcontracted task order work? We get multiple quotes and select the lowest qualified price and provide our mark-up.

Government Response: Regarding Davis Bacon Rates – The Government reminds contractors that DBA rates represent the prevailing wage rates for the construction labor categories specified in this area. Contractors cannot pay less than the prevailing wage rates and should propose rates that are realistic for the labor categories specified.

Regarding Additional Mark-up for Subcontract Labor: Contractors are free to propose their own methods for burdening of subcontract labor for the Government’s evaluation as long as the information is submitted as specified in the RFP. Subcontract labor could potentially to be applied to paragraph A and/or paragraph B of the referenced Local Clause at the task order level as appropriate.

22) Contractor Inquiry: Reference: B-3 LOCAL CLAUSES EPA-B-16-104 FIXED

RATES FOR SERVICES--INDEFINITE DELIVERY/INDEFINITE QUANTITY

CONTRACT and Subparagraph A-1.-2.

A. FIXED LABOR RATE

1. The fixed rates for the labor categories set forth in the schedule shall be inclusive of all expenses including contract level required reports, wages or salaries, labor costs, fringe benefits, overhead, program management, training, general and administrative expenses, and profit. SOL-NC-14-0001110

2. If a fixed rate has been established for a labor category set forth in the schedule for the contractor or subcontractor, but the contractor or subcontractor decides to provide that labor category through a third-party subcontractor, reimbursement for that labor category shall be reimbursed at cost (including any applicable indirect rates) but will not, in any event, exceed the rate set forth in this contract for that labor category for the contractor or subcontractor, depending upon which entity (contractor or subcontractor) acquires the labor.

Contractor Question: Based upon item two above, will the government be receptive to receiving blended rates that include self-performance and subcontracted effort to close the gap between the two knowing the rates will appear high compared to a straight Davis Bacon Act burden rates?

Government Response: Contractors are free to propose any methods of rate compilation for the Government’s evaluation, as long as the information provided meets the requirements of the RFP.

23) Contractor Inquiry: Under the heading FIXED LABOR RATE in the solicitation, paragraph A.2 on page 11 states, “If a fixed rate has been established for a labor category set forth in the schedule for the contractor or subcontractor, but the contractor or subcontractor decides to provide that labor category through a third-party subcontractor, reimbursement for that labor category shall be reimbursed at the cost (including any applicable indirect rates) but will not, in any event, exceed the rate set forth in this contract for that labor category for the contractor of subcontractor, depending upon which entity (contractor or subcontractor) acquires the labor.” For example, there are instances where a specialty electrician (such as the manufacturer’s representative) may need to be brought in as a subcontractor. Using the minimums specified in the CBA for service work, these contractors routinely have a much higher multiplier on labor. Is it the government’s intent to have this clause apply to both SCA and DBA rates?

Government Response: Paragraph A “Fixed Labor Rate” discusses established labor rates for the prime and subcontractors whose rates are established are included in the proposal and negotiated into the Base Contract Fixed Rate CLINs for SCA and DBA.

Refer to Local Clause EPA-B-16-104, Paragraph B for additional labor and sub-contract applications that may more appropriately apply in some circumstances.

24) Government Clarification of Pre-Proposal Conference Materials:

During the Pre-Proposal Conference, the Government briefed (see Slide 13) “Contractual Requirements – Type of Contract” that the FFR / Indefinite Delivery/Indefinite Quantity

Portion of the Contract CLINs were numbered X100 – X350. The correct CLIN designations on Local Clause EPA-B-16-104 is X100 – X300.

File details come from the government source that posted it. Updated .