Draft_SWHARC15R0005_-_Q As_-_27_Nov_2015.pdf

DRAFT SWHARC15R0005 – Q&As – 27 November 2015

INL BOGOTA – PROFESSIONAL, ADMINISTRATIVE, AND SUPPORT SERVICES

DRAFT SWHARC15R0005 – Q&As

27 NOV 2015

Note: Responses below are provided for informational purposes only and are subject to change. The final RFP will be posted on FedBizOpps. Interested vendors should continue to monitor FedBizOpps.

Draft Solicitation Section /

Attachment Number

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Paragraph Draft Solicitation Requirement Question / Recommendation Government Response

1. General N/A N/A Is there an estimated date for the final solicitation?

After the Solicitation release, what will be the turnaround time in days?

The Government expects to release the formal solicitation before January 30, 2016.

Prospective offerors should continue to monitor FedBizOpps.

30 calendar days. However, the due date will likely be extended if the solicitation is issued prior to the holiday season.

2. General N/A N/A Is there a proposed timeline for the Final RFP release?

With the holidays rapidly approaching we need to plan transportation for the site visit(s) accordingly.

Refer to response to Question no. 1.

The Government does not plan to hold a pre-proposal conference or site visit for this effort.

3. General N/A N/A Will the Government provide any indication of the remaining procurement cycle timing?

Refer to response to Question no. 1.

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4. General N/A N/A Will the Government hold a site visit or an industry session in Washington prior to the release of the final RFP?

If this is not currently planned, we recommend a site visit to Bogota.

Refer to response to Question no. 2.

5. General N/A N/A Is there a current contract or contracts providing these services?

Yes

6. General N/A N/A If there is a current contract can you please provide the name of the incumbent and contract number(s)

Olgoonik Technical Services is the incumbent contractor. Applicable contract numbers are SAQMMA10C0155 and SAQMMA16C0010.

7. General N/A N/A If there is an incumbent are any of the Labor Categories identified in the draft proposal new/additional requirements?

All categories on the draft RFP are filled under the current contract. No new categories are included.

8. General N/A N/A Is SWHARC15R0005 replacing a single contract or multiple contracts?

If so, which ones?

Refer to response to Question no. 6

9. General N/A N/A Is a PWS available?

Refer to Section C of the draft solicitation.

10. General N/A N/A The requirement is for SBA Certified 8(a) set-aside. Does the offeror have to be in the 8(a) program at the time of proposal submission or on the contract award date?

Refer to FAR Clause 52.219-18 (Notification of Competition Limited to Eligible 8(a) Concerns).

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11. General N/A N/A Are there any Colombia specific taxes (employment of otherwise) the DoS is aware of?

The contractor will be solely responsible for compliance with all local laws and regulations. Please consult an accountant or tax attorney if additional guidance is required.

12. General N/A N/A Is language certification required at the time of proposal submission or within a specific period after award?

Language certification at the time of proposal submission is required only for key personnel.

Language certification for all other personnel must be provided when resumes are provided to INL per section C.3.2.

13. General N/A N/A Does the government require overtime rates for “ordinary salaried” employees, keeping in mind the 4 types of Colombian overtime and that OT would not be applicable to integral employees?

No. The final RFP will inform offerors that the fixed fully-loaded hourly labor rates negotiated for normal workweek performance will also be the rates negotiated for overtime performance.

14. Section B Pg. 9

B.4

Ceiling rates apply to US workers and LNs

How should we account for TCNs? All personnel currently employed are local nationals. The Government expects offerors to continue this practice. Only rates for LNs will be negotiated at this time.

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15. Section B Pg. 9

B.4(b)

The rates identified in Table B.4 are priced in United States currency

It is stated that the “identified rates” are to be priced in US Dollars in Table B.4 which extends over the five proposed years. The Colombia Peso to the USD exchange rate has demonstrated extremely high levels of volatility, particularly in the last few years where we have witness dramatic devaluations in the Colombian peso from around 1830 to 3260 Colombian pesos to the Dollar. As with all exchange rate markets, future movements remain entirely unpredictable particularly over long periods, and therefore there is as much chance that the current comparative strength of the US Dollar could also devalue back downward. This constitutes a major financial risk to any small business contractor who is incurring local costs in Peso and pricing a 5 year term in US Dollar values. It also potentially entails a major performance risk to the government, in that a contractor incurring major monthly losses due to a potentially devalued Colombian peso (i.e. a rate below what was used in the contractors 5 year conversion to US Dollars in their pricing) may become operationally and financially incapable of sustaining such a circumstance in the longer term.

Consequently, would the government consider a form of equitable adjustment, or similar mechanism at defined set periods when exchange rates display notable variances or volatilities? An additional option would also involve recalculating dollar rates at the specific exchange rate on the day of monthly invoice submission. Enacting the above would also insure various competitive cost advantages to the government, should the inverse of the above circumstance transpire and the dollar revalues, and is therefore consequently mutually beneficial and safer to both parties.

The Government will revise the RFP to:

1. Price the contract and make payments in Colombian pesos; or

2. Permit periodic adjustment of fixed fully-loaded hourly rates for local nationals based on exchange rate fluctuations.

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16. Section B Pg. 10

B.5.

Travel Costs Under Colombian labor law, travel per diem payments can potentially be claimed as salary, therefore causing the possibility of major retroactive calculations on fringe and other benefits. As is currently the case, to avoid these such issues will INL continue to pay all per diems and travel directly to the staff on such Embassy related travel, and not via the contractor?

Yes. INL will continue with the current practice.

17. Section B Pg. 10

B.5.

Travel Costs Are PCS and housing costs allowable for U.S. Citizen employees?

Currently there are no U.S. Citizens employed under contract. Only rates for LNs will be negotiated at this time.

However, if a particular task order requires performance by a U.S. Citizen, PCS and housing costs will be considered generally allowable.

18. Section B Pg. 10

B.5.

Travel Costs Will the government allow reimbursement for government mandated pre-deployment costs such as medical shots, etc.

noted in C.4.1 P30

Currently there are no U.S. Citizens or TCNs employed under contract.

Vaccinations, if required by the U.S. Embassy Bogota, will be considered generally allowable.

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19. Section B Pg. 12

B.5(g)

When traveling in a POV for official travel, the Contractor shall be paid mileage costs at a rate that does not exceed the POV mileage rate established by the Internal Revenue Service.

Can the Government confirm whether the GSA mileage rate is the correct rate to for travel in a POV as opposed to the IRS rate?

The IRS rate will be utilized.

20. Section B Pg. 13

B.5(i)(4)

The Government will not pay more than eight (8) hours per day per Contractor employee for travel time.

In the event that an OCONUS trip requires more than 8 hours of travel time, will the Government allow the use of comp time?

No. The Government does not expect contractor employees’ travel to exceed 8 hours per day.

21. Section B Pg. 13

B.5(i)(7)

Productive time hours In this section it is stated that “productive time hours consist of hours that, other than travel hours, directly benefit the contract”, but if the intention of the pricing model is to utilize and invoice all hours (productive and nonproductive) as Colombian salaries are Monthly based, are we to assume that travel time will also be inclusive?

The RFP will be revised to clarify Government requirements. The intent is to invoice only productive hours.

22. Section B Pgs. 13-14

B.5 (j)

The Contractor shall be responsible for obtaining any visas required for travel to foreign countries under this contract.

With regards to visas, if the contractor’s Colombian personnel are required to travel to the U.S., will the INL Section in Bogota provide a Visa Referral Letter in order to facilitate obtaining the visa for contractor’s personnel for official travel only?

INL Bogota will provide a Visa Referral Letter when one is required for official travel.

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23. Section B Pgs. 14-15

B.6

The Contractor agrees, through the duration of the contract, not to apply any indirect costs or profit/fee to Post Hardship Differential Pay and Danger Pay.

Discussion. We have found that it is a Government excepted and Industry standard practice to add a nominal indirect cost to Post Hardship Differential Pay and Danger Pay.

Question. Would the Government consider allowing an indirect cost of which could be an established cap or maximum for this particular line item (Post Hardship Differential Pay and Danger Pay)?

Refer to response to Question no. 24.

24. Section B Pgs. 14 - 15

B.6

This section states that the contractor must agree to not apply any indirect costs or profit/fee to Post Hardship Differential Pay and Danger Pay.

If an offeror has a DCAA-approved accounting system that applies allowable indirect costs to this pay type, the restriction would create a scenario where the contractor is being required to absorb these costs rather than apply them, and be reimbursed for them, in a manner that is consistent with their accounting system and DCAA disclosures. Please consider removing this restriction.

This restriction will be removed. The RFP will reflect the changed terms.

All personnel currently employed are local nationals. The Government expects offerors to

25. Section B Pgs. 17-18

B.7

The Contractor agrees, through the duration of the contract, not to apply any indirect costs or profit/fee to DBA Insurance Costs.

Discussion. We have found that it is a Government excepted and Industry standard practice to add a nominal indirect cost to DBA Insurance costs.

Question. Would the Government consider allowing an indirect cost of which could be an established cap or maximum for this particular line item (DBA Insurance costs)?

Refer to response to Question no. 26.

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26. Section B Pgs. 17 - 18

B.7

This section states that the contractor must agree to not apply any indirect costs or profit/fee to DBA Insurance Costs.

If an offeror has a DCAA-approved accounting system that applies allowable indirect costs to DBA Insurance, the restriction would create a scenario where the contractor is being required to absorb these costs rather than apply them, and be reimbursed for them, in a manner that is consistent with their accounting system and DCAA disclosures. Please consider removing this restriction.

All personnel currently employed are local nationals. The Government expects offerors to

27. Section B Pg. 19

B.10(b)

The Contractor will not charge any indirect costs or fees to Travel Costs, DBA Insurance Costs, or Post Hardship Differential Pay and Danger Pay Cost.

Discussion. We have found that it is a Government excepted and Industry standard practice to add a nominal indirect cost to DBA Insurance costs and Post Hardship Differential Pay and Danger Pay.

Question. Would the Government consider allowing an indirect cost of which could be an established cap or maximum for the following; (DBA Insurance costs and Post Hardship Differential Pay and Danger Pay Costs)?

Refer to response to Question no. 28.

28. Section B Pgs. 19-20

B.10(b)

This section states that the contractor must agree to not apply any indirect costs or profit/fee to Travel.

If an offeror has a DCAA-approved accounting system that applies allowable indirect costs to travel, the restriction would create a scenario where the contractor is being required to absorb these costs rather than apply them, and be reimbursed for them, in a manner that is consistent with their accounting system and DCAA disclosures. Please consider removing this restriction.

All personnel currently employed are local nationals. The Government expects offerors to

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29. Section C Pg. 21

C.1

Scope Of Services – General:

Contractor shall obtain and retain existing and future qualified employees to meet the mission objectives of INL Bogota.

Who is the incumbent contractor and/or contractors currently performing these services and what is the relevant contract information?

Refer to response to Question no. 6.

30. Section C Pg. 21

C.1.

General/d-e-f

General/ The contractor Shall: The RFP in this section states that contractor should maintain the continuity and quality of current staff. Maintaining current employee’s economic status, salaries, and benefits is perhaps the only way to fully accomplish this goal. Would the government consider a better definition of the role that the current incumbent circumstances and salaries should be considered in the formation and pricing of this proposal?

The Government does not understand the question. Please resubmit your question after the formal RFP is posted if it is not addressed elsewhere in this Q&A document.

31. Section C Pg. 21

C.1(h)

Everyone must be bi-lingual. Yet in the LC Descriptions, this does not appear to be the case.

Do we base our language requirements off the Draft RFP (bi-lingual) or the LC Descriptions (which vary by position)?

Paragraph h will be deleted. Language and other requirements will be as stated in the position description.

32. Section C Pg. 23

C.2.2

The contractor shall provide functional expert engineering services relative to the technical/administrative leadership of projects within the programmatic guidelines set by the project manager and customer.

Should the reference to “project manager” be Program Manager as per H.7.1.2?

Reference to project manager refers to INL project manager(s). Paragraph will be revised.

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33. Section C Pg. 25

C.2.3.1

Procurement and Contracts Will the provision of these support services create a conflict of interest environment for the successful offeror with respect to any other technical work that INL may undertake in Colombia?

It is possible. The Government will consider additional restrictions in the RFP to deal with potential organizational conflicts of interest.

Personal conflicts of interest are covered by FAR Clause 52.203-16.

34. Section C Pg. 26

C.2.3.3.2.

There may at times be circumstances requiring the use of an armored vehicle. As with forklifts, drivers operating armored vehicles must first receive DOS training and certification. If required, any such training will be at no expense to the Contractor.

Is this training and certification provided locally? Are there annual recertification requirements?

Training may include local and foreign locations. Currently recertification is every 2 years. However, the frequency of recertification is subject to change.

As stated in section C.2.3.3.2. any such training will either be paid directly by the Government or reimbursed to the contractor (i.e. at no expense to the contractor).

35. Section C Pg. 27

C.2.3.3.6

Property Management Will the Government please inform offerors what inventory and property management software or system is currently being used?

Does the Government prefer to continue the application, or are offerors free to propose an alternative package?

Department of State Integrated Logistics Management System (ILMS) and Office productivity software.

The Government does not expect the contractor to provide / propose any alternative package at this time. If required, this will be proposed and negotiated at the task order level.

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36. Section C Pg. 28

C.2.5

Aviation Is the current solicitation (SWHARC15R0005) intended to replace the PAE-ARAVI contract supporting the Colombian National Police?

No

37. Section C Pg. 29

C.3.1.

Consultants Under Colombian labor law, those under consultant contracts do not hold what is considered a direct relationship with their employer. Are we to disregard the use of staff under consultant contracts?

The contractor is solely responsible for complying with all local labor laws. Refer to DOSAR 652.242-73 and H.2 (Laws and Regulations).

38. Section C Pgs. 29-30

C.3

“the contractor shall propose at least three (3) but no more than six (6) appropriate candidates for the position”

Is this only for the “Tasker” role?

Or does it apply to other positions?

“Tasker” does not refer to a particular labor category. It refers to a document used by INL Bogota to notify the contractor of INL requirements under the contract. As such, if a particular Subject Matter Expert (SME) is required INL Bogota will issue an “SME tasker”.

Resume submission requirements apply to all positions.

39. Section C Pg. 30

C.3.2

Based on this information, the contractor shall propose at least three (3) but no more than six (6) appropriate candidates for the position.

Can the Government confirm that at least three (3) but no more than six (6) resumes are required for all candidates?

Refer to response to Question no. 38.

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40. Section C Pgs. 29-30

C.3.2

Contractor Personnel Resumes and Other Information

Will the Government please confirm its expectation that the successful offeror will supply between 3 and 6 resumes for each position required under a Task Order or “tasker”?

Recommendation: Offerors will supply 2 resumes per position.

Refer to response to Question no. 38.

The RFP will be revised to reflect at least 2 resumes per position.

41. Section C Pg. 31

C.6.

Contract Transition Is the phase in period (120 days) to be considered within the base year, or external to the 12 month base year?

To be considered within the base period of

Phase-in period will be reduced to 90 days.

42. Section C Pg. 31

C.6.1

The Contractor shall perform in accordance with the Final Phase- In Plan approved by the Government. Any changes will require written approval by the Contracting Officer.

Will the USG provide a list of incumbent contractor personnel to the successful Offeror upon contract award in order to facilitate a smoother transition?

This process will be handled in accordance with FAR 52.222-17 and 52.237-3.

43. Section C Pg. 34

C.9.6

The contractor's project manager shall, at the Government’s request, meet at least annually with the COR during the term of the contract.

Should the reference to “project manager” be Program Manager as per H.7.1.2?

Yes. RFP will be revised accordingly.

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44. Section G Pg. 45

G.7(a)

The government can issue TOPRs How many TOPRs were issued on the current contract?

What is the anticipated frequency of TOPRs for this contract?

Approximately 40.

While the Government expects approximately the same number of TOPR to be issued, the actual number may vary greatly based on possible mission changes and other factors.

45. Section G Pg. 54

G.11(f)

For arrangements when payment is made based on actual hours incurred (e.g., labor-hour arrangements and the time portion of time-and-materials arrangements) or actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Contractor shall attach, as applicable, the following documentation to each invoice:

We respectfully request the removal of the requirement to include proof of payment with invoices. This will cause delays in invoicing costs to the Government and create an undue burden on the awardee as our standard payment terms allow us to obtain approval and payment on costs prior to making payment.

This paragraph starts with “unless otherwise stated in this contract.”

Refer to FAR clause 52.216-8 (Allowable Cost and Payment), paragraph b. For T&M contracts, FAR clause 52.232-7 (Payments Under Time-and-Materials and Labor-Hour Contracts) references the Allowable Cost and Payment clause.

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46. Section G Pg. 58

G.15.

States “ The contractor and its subcontractors shall offer those professional services employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified”

Is there an estimation of the number of current employees that might be considered as “qualified workers”?

No

47. Section H Pg. 61

H.5

The US Embassy Bogota Human Resources Office (HRO) will assess the language proficiency of each staff member proposed by the Contractor.

It is stated that the Bogota HRO will provide language testing.

Can you indicate a time period within which they will provide such testing?

This paragraph will be revised. Embassy HRO will not provide language testing. Language testing will be the responsibility of the contractor and must be accomplished through the HRO-approved provider.

Currently, the HRO-approved provider is Avanti Language School.

48. Section H Pg. 61

H.5

Language Proficiency Since there is a language-testing requirement to determine suitability is there a restriction on which tests are approved? TOEFEL, Alta, Berlitz?

Refer to response to Question no. 47.

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49. Section H Pg. 62

H.7.1

The Contractor shall assign to this contract the following key personnel:

Contract Manager Program Manager

Should the Contract Manager and Program Manager be resident in U.S. or in Colombia?

If in U.S., can contractor request reimbursement for travel to Bogota if required?

INL Bogota expects the Program Manager to be located in-country.

Government-directed travel of contractor personnel will be generally allowable.

50. Section H Pg. 62

H.7.1

Contract Manager & Program Manager assigned and identified as Key Personnel.

Are the Program and Contract Managers the only individuals consider key personnel by the Government for purposes of this solicitation?

If not what other personnel would the Government expect to see identified as Key Personnel?

Yes

51. Section H Pgs. 62-63

H.7.1

Draft Attachment 6 – Key Personnel Resume Format document requires the Key Personnel to sign and date the document.

Since this response will be up-loaded through the FBO Website, L.14, and each Key Personnel Resume requires a signed cover letter, it is assumed that an electronic signature is acceptable.

An original proposal and electronic copies in CD-ROM will be required. Proposal preparation instructions will be revised accordingly.

Scanned signature is acceptable for electronic copies of the proposal.

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52. Section H Pg. 63

H.7.1.1.

Contract Manager Are the Program and Contract managers considered to be absorbed as contractor overhead positions, as they are also listed with the other positions in the pricing excel?

The Government will negotiate a firm-fixed-price for a Program Management Office

(PMO).

The PMO will likely include, at a minimum:

• Program / contract management

• Local office in Bogota

• Reports / Meetings

• Phase-In / Transition Services

53. Section H Pg. 63

H.7.1.1.

Contract Manager Is it to be understood that the Program Manager will be based in country (Colombia), whereas the Contract Manager may be based within the U.S. or Washington DC area, and that both are to be high level Spanish speakers?

There is no need for the contract manager to be a high level Spanish speaker.

54. Section H Pg. 63

H.7.1.1 and H.7.1.2

Contract Manager and Program Manager

The solicitation states that “All costs associated with the Contract Manager shall be at no direct cost to the government” and the same for the Program Manager, but both positions are listed on the pricing table. Can you clarify what is meant by “all costs?” Are hours spent working on the Contract by the Contract Manager and Program Manager allowable and directly chargeable costs?

See response to Question no. 52.

55. Section H Pg. 63

H.7.1.2

States “ All costs associated with the Contract Manager shall be at no direct cost to the Government”

This appears to be a copy and paste error, should this read “All costs associated with the Program Manager shall be at no direct cost to the Government” instead of referencing Contract Manager?

Reference to Contract Manager was made in error.

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56. Section H Pg. 63

H.7.1.2

It states: “All costs associated with the Contract Manager shall be at no direct cost to the Government”.

Question. Should this read “….with the Program Manager…”?

Paragraph H.7.1.2 is titled Program Manager and specifically addresses the Program Manager requirements and paragraph H.7.1.1 is titled Contract Manager and specifically addresses the Contract Manager requirements.

See response to Question no. 55.

57. Section H Pg. 63

H.7.1.2

Question. Is the requirement for the Contract Manager to be on site at the U.S. Embassy?

Recommendation. Considering a contract with this many people (approximately 100) it would seem the government would prefer to have an onsite contractor Program Manager to ensure timely and responsive management of the program’s large number of personnel.

Section H.7.1.2. refers to the “Program Manager”. Refer to response to Question no.

52.

58. Section H Pg. 63

H.7.1.2

Under Program Manager, last sentence reads: “All costs associated with the Contract Manager shall be at no direct cost to the Government.”

Should the reference to “Contract Manager” in this sentence be “Program Manager?

See response to Question no. 55.

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59. Section H Pg. 64

H.8

Training Some of the employees in positions described in the RFP require specific periodic training to maintain their professional qualifications. In present and previous contracts supporting INL, such cost of this training had been paid by the US Government. Examples are pilot proficiency, fuel handler certificates, and defensive driving training. Would this kind of technical proficiency training continue to be provided by INL at the Embassy, or would this become responsibility of the contractor, and therefore could its costs be directly billed?

Refer to section H.8 of the solicitation.

60. Section H Pg. 67

H.12

Security Requirements Is the bidder required to have a current security clearance (FCL) in order to bid and qualify for contract award? If yes, what level?

61. Section H Pg. 67

H.12

Security Requirements

If a US company and foreign LN company team as a bidder, does the LN company also have a current security clearance (FCL) of their own to bid and qualify for contract award?

See response to Question no. 60.

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62. Section H Pgs. 68-69

H.12.2 and Attachment 1

U.S. Citizen Personnel All U.S. citizen contractor personnel performing in support of this contract shall possess a Moderate Risk Public Trust (MRPT) Certification conducted by the Bureau of Diplomatic Security (DS/SI/PSS), prior to contract performance.

Third Country National (TCN) Personnel All Third Country National (TCN) contractor personnel performing in support of this contract shall possess a Moderate Risk Public Trust (MRPT) Certification conducted by the Bureau of Diplomatic Security (DS/SI/PSS), prior to contract

Throughout Attachment 1, Labor Categories, RFP states “a full Back Ground Investigation will be conducted by Regional Security Office Bogota before hiring process.” Can you tell us how long that process takes and if there will be a charge to the contractor for the Investigation?

For US citizens and TCNs, we note that their Certificates of Public Trust will be adjudicated by DS/SI/PSS. Can you tell us how long that process will take?

Note: The answer below applies to both situations.

There is no charge. It takes approximately 2-3 months for an interim investigation to be completed and 5-6 months for a full investigation. However, the amount of time required may vary greatly base on a case-by-case basis.

The Contractor needs to follow their own internal vetting process to ensure there is a reasonable expectation that their employees can obtain the approval necessary for contract/task order performance.

63. Section H Pg. 70

H.12.3

In the bulleted section it says Kuwaiti Ministry of Foreign Affairs

The list says “Kuwaiti Ministry of Foreign Affairs” is this a typo and should it say “Colombian Ministry of Foreign Affairs?”

Reference to “Kuwaiti Ministry of Foreign Affairs” is not an error. The requirements of H.12.3 apply to those individuals requiring a MRPT, which include TCNs.

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64. Section H Pg. 76

H.12, Paragraph 1

Public Trust Will there be any security requirement (personnel or facilities) beyond Public Trust?

65. Section H Pg. 78, H.15, Paragraph 1

TCNs How many of the FTEs on the predecessor contract consist of TCNs?

All personnel currently employed are local nationals. The Government expects offerors to

66. Section H Pg. 78

H.25

1. Where contracts, or individual task orders, exceeding $150,000 will require the recruitment of TCNs, the offeror is required to submit a Recruitment Plan as part of their proposal or task order proposal. Contractors providing employer furnished housing are required to submit a Housing Plan.

Is a Recruitment Plan required as part of the IDIQ proposal submission?

Will the Housing Plan be required as part of a TORP submission or of this IDIQ submission?

Will either plans be included in the page limit of the volume?

All personnel currently employed are local nationals. The Government expects offerors to continue this practice. Only rates for LNs will be negotiated at this time.

This clause is included in case performance by TCNs is required at the task order level.

67. Section H Pg. 80, H.25

Paragraph 4.b

Leave accrual Is there a requirement for an immediate replacement in the event that personnel are on leave, sick, DBA, etc.

While an immediate replacement might not be required, the contractor must ensure that INL Bogota missions and programs are not negatively affected due to personnel absences.

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68. Section I Pg. 85

I.2

FAR 52.223-3, Hazardous Material Identification and Material Safety Data

Is there an expectation that hazardous materials will be handled under this contract?

There is a possibility that contractor personnel will be required to handle or encounter hazardous materials. For example, cleaning agents or pesticides.

69. Section I Pg. 85

I.3

FAR 52.210-1, Market Research Is market research required for additional subcontractors not already listed in the chart of major subcontractors in the proposal or are all subcontractors subject to this requirement?

All task orders will be subject to the requirements of this clause.

70. Section I Pg. 90

I.8.

FAR 52.223-7, Notice of Radioactive Materials

Is there an expectation that radioactive materials will be handled under this subcontract?

While not very common, there is a possibility that contractor personnel will be required to handle or encounter radioactive materials. For example, non-intrusive inspection equipment shipped to a warehouse.

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71. Section K Pg. 119

K.4.(b) (3)

Labor Contracts Since 2004 the incumbent work force has been predominantly placed on indefinite Colombia labor contracts (contractos indefinidos). These such contracts are the only vehicle that provides all the required statutory legal Colombian fringe and indemnity components combined, thereby allowing for the highest degree of local labor code compliance, and at the same time ensuring the agility for rapid and legal termination and indemnification of any contractor staff. Previously, these labor contracts have greatly lessened the chance for potential conflicts and labor disputes, hence providing further layers of protection to all parties. Within Colombian labor law there does however exists a number of other widely used but less complete labor contracts, therefore can the government stipulate its expectations that the contractor employees should be fully covered by complete indefinite labor contract vehicles that would include all the required Colombian statutory requirements and indemnity components?

The contractor is solely responsible for complying with all local labor laws. Refer to DOSAR 652.242-73 and H.2 (Laws and Regulations).

72. Section L Pg. 127

L.12

Communication Concerning Solicitation

Government directive precludes offerors from communicating with existing contract support personnel, to the point that such violations may result in an offer being excluded from award consideration. This creates an inherently unfair advantage for the incumbent(s) or any team on which the incumbent(s) may align. Will the Government please clarify its intent and interest?

The language does not intend to curtail otherwise legal contact with current Olgoonik personnel for the purposes of the non-displacement of qualified workers requirements of the solicitation.

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73. Section L Pg. 127

L.12

Communication Concerning Solicitation

One interpretation of the Government’s prohibition on communicating with existing contract support personnel (in respect to the staffing requirements), suggests the Government has adopted a ceteris paribus position of sorts in terms of all existing Colombian national personnel being available and willing to re-badge during a transition. If the Government expects this of the local staff, then will the Government please release current salary data under a Non-Disclosure Agreement between itself and offerors?

Refer to response to Question no. 72.

Personnel transition will be handled in accordance with FAR 52.222-17 and FAR 52.237-3.

The formal RFP will disclose FSN-equivalent rates.

74. Section L Pg. 128

L.14.(b)

The FBO.GOV Vendor Guide, Section 4.3 (Managing Electronic Responses to an Opportunity) provides instructions for electronic submittal of proposals through FBO. The guide is available at www.fbo.gov.

Can the Government provide a more specific URL for the location of the referenced guide?

An original proposal and electronic copies in CD-ROM will be required. Proposal preparation instructions will be revised accordingly.

75. Section L Pg. 129

L.17.1.1, Proposal Organization Table

Past Performance Page Limit: 20 Pages

Request an increase to 32 pages, factoring in 2 pages for each of the 12 references, and then 8 pages to address requirements listed in paragraphs a, e, and f.

Page limitation will be increased to 30.

http://www.fbo.gov/

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76. Section L Pg. 129

L.17.1.1, Proposal Organization Table

N/A In order to include an Offeror’s non-disclosure statement, will the USG allow for a Title Page for each volume?

Can Title Pages be excluded from the overall page limit of each Volume?

The RFP will revise “Cover Letter” to read “Title Page”.

The “Title Page” will be excluded from the page limitations.

77. Section L Pg. 129 (Table)

L.17.1.1

Pg. 136

L.17.2.4 (b), last paragraph

Past Performance volume page limit 20 pages

Provide a list of no more than twelve (12) recent contracts and subcontracts for projects similar in magnitude and complexity to the requirements stated in this solicitation.

Recommend that the Government require no more than five Prime contractor citations and at least two from each subcontractor. This will ensure full coverage and sufficient detail for the Government’s evaluation.

Also recommend the Government increase the allowable page count for the volume to 25 pages.

The combined reference limitation will be decreased to ten (10) references. The Offeror must determine how it wants to divide references between the prime and its subs, partners, etc.

Refer to response to Question no. 75.

78. Section L Pgs. 129-130

L.17.1.1

Page Limitations Would the Government confirm that separation tabs are excluded from page count?

Separation tabs are excluded from the page count. The RFP will be revised accordingly.

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79. Section L Pgs. 129 and

L.17.1.1 and L.17.2.4

For Volume IV, Past Performance the Draft RFP lists 20 page limit (excluding Cover Letter, Table of Contents, Glossary, Sub Consent and Client Authorization Letters, and PPQs).

On page 136, Section L.17.2.4 (b), requests no more than 12 recent contracts and subcontracts, as well as Adverse Information and Organizational “Roadmap”.

In order for the Offeror to present 12 references that clearly demonstrate relevancy as well as the information requested for each on page 137 (items (1) through (11)], will the USG consider increasing the maximum page limit for Volume IV from 20 to 26 pages? This would allow for 2 pages per reference and 2 pages to address Adverse Information and the “Roadmap”.

Refer to response to Question no. 75.

80. Section L Pg. 130

L.17.1.2

Each volume shall include a signed and dated cover letter.

Since this response will be up-loaded through the FBO Website, L.14, and each volume requires a signed cover letter, L.17.1.2, it is assumed that an electronic signature is acceptable.

An original proposal and electronic copies in CD-ROM will be required. Proposal preparation instructions will be revised accordingly.

Scanned signature is acceptable for electronic copies of the proposal.

81. Section L Pg. 132

L.17.2.1, (a)

The offeror's proposal shall include a signed copy of the solicitations Sections A through K. This includes:

The Offeror acknowledges Sections A through K shall be submitted as Volume I. Can the Government confirm the requirement for signed copies applies to only those Sections listed in the Draft RFP that require a signature?

Confirmed. The RFP will be revised accordingly.

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82. Section L Pg. 132

L.17.2.1 (a)

The offeror's proposal shall include a signed copy of the solicitations Sections A through K.

Is it the Government’s intention for the offeror to sign each of the Sections of the solicitation? If so, where should the signature be affixed?

Also, can the Government clarify the necessity to include the following Sections in the response: C, D, E, F, G, H, I, and J?

There is no need to sign each section of the solicitation. Refer to response to Question no.

81.

Not all of these are required. The formal RFP will be revised accordingly.

83. Section L Pg. 132

L.17.2.1 (a), last bullet

The contractor must have completed available information electronically through the System for Award Management (SAM) website. All remaining Section K requirements shall be submitted with the proposal.

Can the Government clarify which subsections of Section K are required if all SAM data is available and current?

Section K includes representations and certifications that are not available in SAM.

For example, DOSAR 652.209-79.

84. Section L Pg. 133

L.17.2.2, item (b)

Identify teaming partner(s), joint venture partner(s), and major and/or critical subcontractor(s) your company plans to utilize.

Briefly describe work to be performed by each, including the estimated value.

Can the USG please clarify what is required in “including the estimated value”? Draft RFP cautions that pricing information is to be provided in the Price volume only.

This requirement will be changed to read the estimated percentage of the contract value to be performed by each entity.

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85. Section L Pg. 134

L.17.2.2 (c)

Submit information required per DOSAR Clause 652.245-70 (Status of Property Management System).

Will the lack of a property management system deemed adequate be a Federal Property manager preclude an offeror from award?

May the offeror use the property management system of a subcontractor if it has been deemed adequate?

If an adequacy determination can be made prior to contract start, will an offeror’s response be acceptable?

Not necessarily. The clause also allows an offeror to include “…voluntary consensus standard or industry leading practices and standards to be used in the management of government property, or existing property management plans, methods, practices or procedures for accountability of property.”

No.

Property control systems are included under the standards of contractor responsibility

(FAR 9.104).

86. Section L Pg. 134

L.17.2.2, Section F 3rd paragraph

States “ provide a current statement of financial condition for the last two years certified by an independent third party, which includes copies of: Income statement that shows profitability for the past three (3) years.

Please clarify the conflict regarding two years of certified financials versus the three years of profitability on income statements. Do we submit two years of financials, i.e. 2013, 2014, or 2012, 2013, 2014?

RFP will be revised to clarify that two (2) years are required. Usually, the financial statements contain information on the previous year.

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87. Section L Pg. 134

L.17.2.2.(f)

Provide a current statement of financial condition for the last two years, certified by an independent third party, which includes copies of:

8(a) joint ventures generally do not have Income Statements for the past 3 years. Given this constraint, does the option exist for the JV member companies to provide individual statements illustrating profitability in lieu of combined JV statements?

RFP will be revised to allow greater flexibility in demonstrating financial responsibility.

88. Section L Pg. 135

L.17.2.3

Basis for Estimate It is stated that basis for estimates are to include “actual salaries”, therefore is there an intention to publish or make available the current incumbent salaries as related to the proposed positions?

Actual salaries are just one example of a basis of estimate that an offeror may utilize. Actual salary may also refer to the salary of a current employee of the offeror.

The Government does not intend to disclose incumbent contractor employee information until after award. Incumbent employee information will be disclosed in accordance with FAR 52.222-17 and FAR 52.237-3.

89. Section L Pg. 135

L.17.2.3

Volume II – Price (a) Narrative The Government notes in the clause on p 135 that letters of intent to hire may accompany each labor category as explanatory justification of price. Will the Government please clarify the dilemma attached to such submissions in the context of question #73 above?

Similarly, will the Government please clarify how it will ensure that existing personnel are both approachable and accessible in terms of offerors being able to secure intent to hire letters?

Letter of intent to hire is only an example of a basis of estimate. Also, see response to Question no. 73.

The Government will not be involved in this process if it falls outside of the realm of FAR 52.222-17 or FAR 52.237-3.

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90. Section L Pgs. 135-36

L.17.2.3

Volume II – Price (b) Pricing Tables (Attachment 2)

The Government indicates that offerors must price ALL labor categories and contract periods; failure to do so is grounds for a non-conformity determination.

Yet, the Government’s pricing table includes eight (8) Labor Categories which the government has indicated shall not be populated. Will the Government please clarify how offerors shall complete the pricing table?

Labor categories reflecting zero hours will either be removed from the RFP or estimated hours will be populated.

91. Section L Pg. 136

L.17.2.3, (b) Pricing Tables, 4th paragraph

Volume III – Price

Draft RFP states the Offeror shall express all fixed fully-loaded hourly labor rates in whole dollars.

Expressing the hourly labor rates in this manner could materially impact the profit applicable to each rate, due to the need to round either up or down to a whole dollar value. Please consider allowing offerors to round the fixed fully-loaded hourly labor rates to two decimal places.

Agreed. RFP will be revised accordingly.

92. Section L Pg. 136

L.17.2.4, Paragraph b

“no more than twelve (12) recent contracts and subcontracts”

Is a firm better off including recent contracts that are questionable in terms of relevance or simply listing “no past performance”?

Please review definition of “Unknown Confidence (Neutral)” on page 152 of the draft RFP.

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93. Section L Pg. 136

L.17.2.4, Paragraph b

Provide a list of no more than twelve (12) recent contracts and subcontracts for projects similar in magnitude and complexity

12 recent contracts and subcontracts will restrict the competition. Many capable and excellent companies who cannot provide a large number of references will not be able to effectively compete/respond to the RFP. We request that this number be reduced to 5 contracts and subcontracts.

An offeror may submit only 5 references if more are not available. A limit of 10 (see response to question number 77) references is put in place to ensure the Government may conduct the evaluation efficiently.

The purpose of the Past Performance evaluation is to determine the Government’s confidence in the offeror’s ability to successfully perform solicitation requirements based on previous and current contract efforts.

All other things equal, a more expansive track record of satisfactory performance will be considered more advantageous to the Government than satisfactory performance on a few contracts.

94. Section L Pg. 137

L.17.2.4, Paragraph b

Past Performance Will key personnel or predecessor past performance be evaluated with the same weight as Offerors company past performance?

The consideration afforded to key personnel, affiliated companies, and predecessor companies’ past performance will depend, in part, on the offeror’s narrative explaining how such information is pertinent to the current

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95. Section L Pg. 137

L.17.2.4.(b)

If references to predecessor companies and / or key personnel are made, explain how past performance of key personnel and predecessor companies are pertinent to this solicitation.

Will the Government confirm that the use of affiliated companies’ past performance is also acceptable?

Yes. Offerors should explain in their narrative the role the affiliated company will play and how the affiliate’s past performance is pertinent to the current solicitation.

96. Section L Pg. 137

L.17.2.4.(b)

If references to predecessor companies and / or key personnel are made, explain how past performance of key personnel and predecessor companies are pertinent to this solicitation.

When submitting past performance information of an affiliated company, we include an INTER-COMPANY CONTRACT PERFORMANCE COMMITMENT AGREEMENT letter showing the meaningful relationship between the affiliated companies. Being that we may need to submit this letter for multiple affiliated companies, will the government exclude these letters from page count?

The letters will not be excluded from the page limitations. Offerors should explain the meaningful relationship between the affiliated company and the offeror as part of the narrative in its Past Performance Volume.

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Paragraph Draft Solicitation Requirement Question / Recommendation Government Response

97. Section L Pg. 138

L.17.2.4, Paragraph e

Adverse Information. Provide current and complete…