SWHARC15R0005_-_Q As_-_12_Jan_2016.pdf

SWHARC15R0005 – Q&As – 12 Jan 2016

SWHARC15R0005 - INL BOGOTA PROFESSIONAL, ADMINISTRATIVE, AND SUPPORT SERVICES

Q&As – 12 Jan 2016

Note: Responses provided herein are for informational purposes only. Terms of the solicitation remain unchanged unless the solicitation is amended in writing.

Solicitation Section

/ Attachment Number

Page Number and Paragraph Solicitation Requirement Question Response

1. SF33 Block 9 N/A N/A The due date for offers will be extended via a solicitation amendment until 03:00 pm local time on January 26, 2016.

2. SF 33 and Section L.14

SF 33 block 9 and

pg. 96 of RFP

Block 9 states 3 copies Section L.14 states 1 hardcopy and 3 electronic copies

There is a discrepancy between block 9 of the SF33 and section L as to how many total copies should be provided, Original + 3 for a total of 4 as stated in section L or Original +2 for a total of 3 as stated in Block 9. Please clarify.

Block 9 states original and 3 copies for a total of 4.

3. B.4(b)-(c)&(k), B.14(a)

9 and 18 of 117 Attachment 2 Reference There are several references to Attachment 2 in the solicitation PDF document “SWHARC15R0005”, yet there is no Attachment 2 included in the solicitation documents. Will the Government be providing an Attachment 2?

Attachment 2 will be incorporated at the time of contract award. It will be based on information contained in the selected offeror’s proposal.

4. B.8 11-13 of 117, all paragraphs in B.8

Travel Costs Will the Government expect the contractor to provide travel arrangements for the period of performance of the contract?

Travel for contractor employees (excluding employees assigned to the PMO office) will continue to be arranged through INL.

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5. B.11 16-17 of 117, all paragraphs

Overtime Will the Government consider establishing a ceiling amount of overtime hours for the contract? (i.e. Under the Colombian labor law, if employees work on Sundays and holidays as part of a rotation scheme, overtime hours for these cases should be required).

No. Based on current program requirements, the Government does not expect a meaningful amount of overtime to be required. However, if overtime is expected for a given task order(s), Section B.11 of the contract and any associated regulatory provisions should provide sufficient limitations.

If required, premium overtime rates will be negotiated before issuance of each applicable task order.

6. B.11 (i) 1 17 of 117 Overtime charged at regular rate It is understood that the intent is not to use overtime as far as possible, however Colombian Labor law requires overtime premium. Does it remain equitable to use the same rate as the mentioned fully loaded regular rates?

Refer to response to Question 4.

7. B.14 (b and f) 18 of 117 Exchange rate for proposal pricing What exchange rate should a contractor use for the purpose of pricing? The setting of an initial rate would be required for the standardization of pricing, and to allow for fair pricing comparisons and correlation for evaluation purposes. For practical purposes, could this be the rate from the mentioned proposed (ICE) source, at 10 days prior to the date of receipt of offers, as an example? This would allow enough time.

The exchange rate used in the development of your company’s proposal must be determined by the offeror. To ensure a fair evaluation of offers, the Government has instructed offerors to submit their pricing in the same currency (US dollars). See FAR 25.1002(b), FAR 52.215-1(c)(5), and RFP Section L.11.

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8. B.14 (f) 18 of 117 Base rate Would the Government consider quarterly adjustment periods, at a wider variance than the 5%, if needed? Due to the extreme volatility of the Colombian peso and it currently being within a devaluative bubble, fixing the exchange rate for the entire base year period while it is so weak to the USD would entail a major risk to the contractor.

Quarterly adjustments will not be considered.

9. Section H Page 4, H-5 Language testing shall be accomplished through the U.S. Embassy Bogota Human Resources Office (HRO) approved provider.

The current HRO-approved language testing provider is Avanti Language School.

However, the approved provider is subject to change. All testing fees shall be paid by the Contractor.

Are all the incumbent staff language tested? Yes

10. Section H.7.1 Page 48, (a) Key Personnel

The RFP identifies the Program Manager as the only Key Personnel position.

Can the Offeror propose other key personnel positions outside of the Program Manager, with the understanding to comply with submission requirements detailed in Section L.17.2.5, Tab B – Subfactor B – Key Personnel (resume, language, clearance, and letter of commitment)?

No. Only Program Manager will be evaluated as Key Personnel.

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11. H.12.1. General Page 51, first paragraph

All Contractor and subcontractor personnel performing on this contract and subsequent task orders shall possess a Department-granted Moderate Risk Public Trust (MRPT) certification or be vetted by the host country Regional Security Office (RSO), prior to contract/task order performance. The level of security vetting required for specific labor categories shall be in accordance with contractual and task order requirements. The Contractor shall ensure that all personnel meet the approved criteria and satisfactorily complete all screening and selection process requirements. The Contractor needs to follow their own internal vetting process to ensure there is a reasonable expectation that their employees can obtain the MRPT certification or vetting approval necessary for contract/task order performance.

If proposed Program Manager possesses a current security clearance, is the MRPT Certification required in addition to the security clearance?

A security clearance may not be used in lieu of the MRPT.

12. H.12.2 & Attachment 3A

52 of 117, paragraph 1 and 2 & Attachment 3A, page 2, last paragraph

US Citizen Personnel - MRPT Because the Contractor shall obtain approval from the Program Office for all contractor personnel requiring MRPT Certification, please confirm that this action will occur post award and that the Candidate for the PM, if a US Citizen, doesn’t need an interim MRPT or MRPT at time of proposal submittal.

An interim MRPT or an MRPT is not necessarily required at time of proposal submittal. However, all security requirements must be met prior to beginning performance.

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13. H.12.2 & Attachment 3A

52 of 117, paragraph 1 and 2 & Attachment 3A, page 2, last paragraph

US Citizen Personnel - MRPT Will a secret clearance be acceptable in lieu of a MRPT?

No

14. H.12.2 & Attachment 3

52-53 of 117, all paragraphs & Attachment 3, all pages and paragraphs

PMO staff Will the staff working in the PMO, other than the Program Manager, require MRPT or RSO approval prior to working on the contract?

RSO approval is required.

15. Section H.14 Page 54, Local Host Country Subcontractor(s) and Personnel

Information concerning potential subcontractors must be submitted to the COR, for review by RSO, at least sixty (60) days prior to projected utilization at Post. Local National subcontractors will be subject to security screening procedures, as required by the RSO at post.

If non-US subcontractors name and information are submitted with the proposal, will subcontractor be vetted pre-award, or will they require RSO vetting post award (providing information 60 days prior to performing on Post)?

The RSO may, depending on existing workload, be able to vet the company prior to award. However, this is not guaranteed.

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16. Section I Page 89, 52.237-8 (a)

The Federal Acquisition Regulation (FAR), at 31.205-6(g)(6), limits the cost allowability of severance payments to foreign nationals employed under a service contract performed outside the United States unless the agency grants a waiver pursuant to FAR 37.113-1 before contract award.

Will a waiver be allowed for the potential payment of severance and settlement amounts?

In Colombia, there are certain events in which the employer cannot freely dismiss employees by simply paying the statutory severance.

Among other circumstances, there are limitations such as (a) collective dismissal, and (b) prior authorization from the Court or the Ministry of Work for certain special protected categories of employees (pregnant women, unionized employees, disabled or sick employees).

The Government is currently researching this issue. If a waiver is granted, the solicitation will be amended to incorporate FAR clause 52.237-9.

17. Clause 52.237-8 (b)(3)

90 of 117 Severance Severance is a required component of the Colombian fringe. Are we to assume that part (b)(3) of the referenced clause will therefore apply?

Refer to response to Question number 15.

18. L.11. Offers in U.S.

Currency and English Language

Page 95. L.11.

OFFERS IN U.S.

CURRENCY

AND ENGLISH

LANGUAGE

Offerors shall submit proposals in response to this solicitation in English and in U.S. dollars.

What specific exchange rate between U.S.

Dollar and Colombian Peso should be used for this proposal for evaluation purpose?

Refer to response to Question number 6.

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19. Section L.17.1.7 Page 99, Electronic Copies of Proposals

RFP states “Indicate on each CD the volume number and title. Use separate files to permit rapid location of all portions, including tabs, exhibits, annexes, and attachments, if any.

Each volume shall be in a different directory on a CD.”

Per L.14, the Offeror is to submit one (1) hardcopy original and three (3) electronic copies of each volume comprising its proposal. Based upon Section L.17.1.7, should each CD contain all volumes (Volume I through V) or should each Volume be submitted on a separate/standalone CD?

All volumes in one CD are acceptable. If required, pricing volume will be removed prior to transmittal to the TEP.

20. Section L.17.2.2 Page 100, (b) Partners and Subcontractors

Identify joint venture partner(s) and major subcontractor(s). Briefly describe work to be performed by each. Include the estimated percentage of the contract value expected to be performed by each entity. Provide address, DUNS number and CAGE code, and POC information for each entity identified. Briefly explain how subcontractors will be managed to ensure compliance with FAR Clause 52.219-14 (Limitations of Subcontracting).

The government uses the language of major subcontractor(s) versus subcontractor(s) intermittently within this requirement.

Please clarify if the government wants information on major subcontractor(s) and not all subcontractor(s) when answering this requirement (i.e., work to be performed by each, percentage of the contract value to be performed, explanation of how they will be managed).

This area will be clarified via a solicitation amendment.

With only one exception, all information requested under paragraph b applies only to joint venture partners and major subcontractors.

Information on management of subcontractors to ensure compliance with FAR 52.219-14 must take into consideration any and all subcontractors.

21. Section L.17.2.2 Page 100, (b) Partners and Subcontractors

Provide a list of the names, addresses and telephone numbers of the owners, partners, and principal officers of each joint venture partner(s) and major subcontractor(s).

Please confirm the government only wants information on major subcontractor(s) and not all subcontractor(s).

Information is required for joint venture partners and major subcontractors. This point will be clarified via a solicitation amendment.

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22. Section L.17.2.2 Page 100, (b) Partners and Subcontractors

Letters of Commitment. The proposal must include a letter, on subcontractor letterhead, and signed by an authorized representative of each subcontractor, which specifically indicates the subcontractor’s agreement to be included in the offeror’s proposed team.

Does the government want Letters of Commitment from all subcontractor(s) or only from major subcontractor(s)?

This requirement applies to major subcontractors. This point will be clarified via a solicitation amendment.

23. L.17.2.2.(e) 101 of 117, paragraph (e)

(e) Cognizant Federal Agency Official The Offeror shall submit the name and full contact information of its cognizant Federal agency official (CFAO). The CFAO works in the Offeror’s cognizant Federal agency, which is normally the agency with which the Offeror has the largest dollars in negotiated contracts, including option periods. See FAR 42.003.

Since this requirement is a Cost Accounting Standard (CAS) item: If the offeror is a Small business per the SBA and FAR 19.3 and meets the requirement for CAS exemption 48 Code of Federal Regulations 9903.201- 1(b)(3), are they still required to provide the information?

Yes. This requirement applies beyond the parameter of the Cost Accounting Standards (Public Law 100-679) because it is the CFAO who normally determines, among other things, the adequacy of a contractor’s cost accounting system [see FAR 42.302(a)(12), 16.104(i), and 9.104-1(e)]. Small businesses are not exempt from, among other things, the Government’s responsibility to determine, prior to award, that the successful offeror’s cost accounting system is adequate.

However, the solicitation will be amended with the addition that if the Government has not appointed a CFAO, the offeror shall identify the name and full contact information, including e-mail address, of the contracting officer cognizant of the largest dollars in negotiated contracts, including option periods.

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24. Section L.17.2.3(a)7)

102 of 117 Hours per year, productive hours, 40-hour week

Estimated productive hours are established as 1880, taking into account 2080 annual hours and subtracting 200 hours of paid time off (vacation and holidays). Colombian labor law mandates a 15 work-days-per-year vacation.

Considering this, will the government change the 200 hours of paid time off to 288 as this number of hours would include 15 vacation days and the 21 holidays stated in the RFP?

The estimated number of productive hours is included for evaluation purposes. However, the estimated number of productive hours will be revised to more closely align with the minimum vacation days required per Colombian labor law and the number of observed holidays (which are identified in the solicitation).

25. Section L.17.2.3(a)8)

102 of 117 Hours per year, productive hours, 48-our week Estimated productive hours are established as 2256, taking into account 2496 annual hours and subtracting 240 hours of paid time off (vacation and holidays). Colombian labor law mandates a 15 work-days-per-year vacation.

Considering this, will the government change the 240 hours of paid time off to 288 as this number of hours would include 15 vacation days and the 21 holidays stated in the RFP?

Refer to response to Question number 23.

26. Section L.17.2.3 Volume III – Price and Attachment 10

– Pricing Tables

Page 102, Paragraph 13

Offerors are not required to enter information in the locked cells, in some cases because the Government had established formulas to populate automatically the relevant data for such cells.

Each Subtotal calculation in the 40-Hour Normal Workweek section of the worksheet is calculating based on the FTEs in offset rows.

Formulas will be corrected, and a revised attachment will be included via a solicitation amendment.

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27. L.17.2.4.(b) 106 of 117, second to last paragraph

References to predecessor companies, affiliated companies, and/or key personnel

Will the Government consider excluding from page count commitment letters that show the meaningful relationship between affiliated companies?

No

28. Section L.17.2.4, Volume IV- Past Performance

Page 106,

(c) Tab C- Adverse Information, first paragraph

Provide current and complete information about prior contractual performance problems encountered during the past three (3) years from date of release of this solicitation.

Include problems that may have resulted in invoice deductions, cure notices, show cause notices, deficiency letters issued, withholding of payment or similar actions. This information should not be limited only to performance under references for which information has been submitted under paragraph b (Tab B).

Can the government please provide clarification on whether the requirements for Tab C, Adverse Information, apply to the Prime Offeror ONLY or if it applies to the Prime Offeror, JV, and/ or Major Subcontractors?

Requirement applies for the prime, JV partner(s), and major subcontractor(s).

29. L.17.2.4 Page 106, Paragraph (c)

Provide current and complete information about prior contractual performance problems.

Our team does not plan to submit contract references that have adverse information to report. As the page limit for Volume III is 30, we ask the government to consider the following:

Allow offerors without adverse information to report make note of this in the cover letter.

Include pages in Volume III, Tab C as exceptions to the page limit.

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Page Number and Paragraph Solicitation Requirement Question Response

30. Section L.17.2.4 Page 106-107, Past Performance, Tab D and Tab E

Tab D – Subcontractor Consent and Client Authorization Letters states “Subcontractor Consent and Client Authorization Letters will not be counted towards the page limitations.”

Tab E – Organizational Structure Change History is included in the 30-page limit for this volume.

Would the government consider changing Tab D to Organizational Structure Change History and Tab E to the Letters? The Offeror’s rationale for this request is to assist the government in ensuring the past performance volume does not exceed 30 pages. Volumes must be consecutively numbered; therefore, having Tab D that is NOT included in page limit followed by Tab E that IS included may cause confusion.

Yes. The solicitation will be amended accordingly.

31. Section L.17.2.4, Volume IV- Past Performance

Page 107,

(e) Tab E- Organizational Structure Change History, first paragraph

To facilitate past performance evaluation, include a “roadmap” describing all such changes in the organization of your company.

A pamphlet or other commercial document describing such reorganizations may suffice.

As part of this explanation, show how these changes impact the relevance of any effort you identify and past performance references.

clarification on whether the requirements for Tab E, Organizational Structure Change History, apply to the Prime Offeror ONLY or if it applies to the Prime Offeror, JV, and/or Major Subcontractors?

Requirement applies for the prime, JV partner(s), and major subcontractor(s).

32. L.17.2.4 Page 107, Paragraph (f)

Past Performance Questionnaires Please clarify whether any portion of PPQs completed by the offeror should be submitted by the offeror with the proposal. If so, will these pages be exceptions to the volume’s 30-page limit?

The PPQs must be submitted directly by the assessor to the Government. The Offeror does not need to include a copy of the PPQs with the proposal.

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33. L.17.2.4 Page 107, Paragraph (f)

Failure to receive a completed questionnaire from a reference will result in the non-consideration of the Past Performance reference.

Does this mean non-consideration of the PPQ, or non-consideration of all data in the volume related to the referenced contract?

Referenced sentence will be removed via amendment.

34. L.17.2.5, Volume V

– Technical

Page 108,

(b) Tab B – Subfactor B – Key Personnel

b. Provide proof that proposed individual meets or exceeds the position description, including language and security requirements.

If the individual does not currently possess the required security level, describe preliminary screening performed and explain why the individual is likely to obtain a favorable adjudication by DS or the RSO.

clarification regarding what it will accept as proof the candidate meets or exceeds the language and security requirements of the position?

Language Requirements – Copy of language test results.

Security Requirements – Copy of letter showing a favorable adjudication by Diplomatic Security or the RSO.

35. L.17.2.5.(b)c. 108 of 117, paragraph c.

A commitment letter. The commitment letter shall be signed by both the key person and the Offeror.

Will the Government consider excluding this requirement for Key Persons already employed by the offeror and currently serving in the same capacity as the requirements of this solicitation?

36. Section L.17.2.5 Page 109, (d) Tab D – Subfactor D – Corporate Experience

RFP states “For each contract / subcontract identified on the list, the Offeror shall provide the following information:

1. Performing Entity (offeror, joint venture partner, or major subcontractor) etc….”

In Section L.17.2.4, page 106, Tab B under Past Performance, 1st paragraph, the RFP allows for “references to predecessor companies, affiliated companies, etc…” to meet the requirements in Past Performance references. Will the government allow the use of affiliated companies in meeting the Corporate Experience requirements?

Yes

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37. Section M.14 Page 112, Factor 1:

Technical, 2nd paragraph

RFP states “Note: Weakness, Significant Weakness, and Deficiency are defined in FAR

15.001 (Definitions). An “unacceptable” rating on any Subfactor will render an Offer ineligible for award.”

On page 113, Technical Ratings – Subfactor D, the table does not have an “unacceptable” rating for Corporate Experience.

Does the statement “unacceptable” apply to Subfactor D?

If yes, please provide which rating would warrant an “unacceptable” for Corporate Experience?

“Unacceptable” rating does not apply to Corporate Experience. “Not Relevant” rating applies to Corporate Experience under the current solicitation.

38. Attachment 3A Page 2, Program Manager Required Qualifications

CLEARANCE:

As per Section H.12.2:

- If position is filled by a U.S. citizen or Third Country National (TCN), MRPT certification is required.

If the proposed Program Manager possesses a current security clearance, is the MRPT Certification required in addition to the security clearance. If so, what is the minimum accepted level security clearance?

Refer to response to Question number 10.

39. Attachment_8_- _Labor_Categories_ FSN_Equivalents

Page 1 • X300 LN ARCHITECT TECHNICIAN DRAFTSMAN Grade 10 Step 9

• X306 LN AVIATION FUEL AND

CHEMICAL EQUIPMENT

MAINTENANCE EXPERT Grade 10 Step 9

• X307 LN BASE SUPPORT

COORDINATOR Grade 10 Step 9

• X308 LN DEPUTY FACILITIES

MAINTENANCE AND DEPLOYMENT

MANAGER Grade 11 Step 12

There are no such combinations of Grade 10 Step 9 and Grade 11 Step 12 in Attachment_9_- _Embassy_Bogota_FSN_Pay_Scales for 48 Hour Week – Basic Salary. Please clarify.

Attachment 8 will be revised to express the equivalencies for these categories in Colombian Pesos.

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40. Attachment 8 and Attachment 9

All pages See Attachments 8 and 9. There are two pay scales, one for a 40-hour workweek and one for a 48-hour workweek.

The 48 hour scale only goes up to an FSN-08 grade. However, there are several positions that work 48 hours paid in the FSN-10 range, which moves them into the 40 hour scale.

Is this correct?

Refer to response to Question number 39.

41. Attachment 9 Page 1 and 2 Basic salaries The basic salaries listed in Attachment 9 are dated 2/28/2010. Does the Government have a more current document? If not, can the Government provide the average escalation rate per year for the last five years?

Attachment 9 is the current compensation table for local nationals employed directly by the US Embassy in Colombia.

A newer version is not available, and escalation has not taken place.

42. Attachment 9 Page 2, Benefits Benefits Are the benefits listed on page 2 required for all Colombian Nationals?

the US Embassy in Colombia. The benefits described in the attachment might exceed those required per local labor laws.

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43. RFP Section 652.237-72 and Attachment 9

Page 79 of RFP Page 2 of Attachment 9

American and Colombian Holidays and Benefits identified in Attachment 9

Are the 15 holidays listed on page 79 of the RFP a benefit that is in addition to those benefits listed in Attachment 9?

the US Embassy in Colombia. It is provided for informational purposes only.

For embassy employees, observed holidays are in addition to the benefits described in Attachment 9.

44. Attachment 10 – Pricing Tables

Tab 6. IDIQ Prices; columns G,J,M,P,S,V -rows 18 to 58 columns G,J,M,P,S,V - rows 18 to 58 Could the Government please revise the Pricing Tables in Attachment 10 to correctly adjust the formulation in all cells relating to Subtotals under tab 6 – IDIQ Prices, up to line 59? Specifically, columns G,J,M,P,S,V -rows 18 to 58.

Refer to response to Question number 25.

45. Section L 95 of 117, clause 652.245-70

DOSAR Clause 652.245-70 Inclusion of the provision at 652.245-70 is a requirement prescribed in clause 645.107-70.

In reviewing the RFP, we see no property listed or requirements under section C 2.3.3.6 (Property Management) that meet the conditions for prescribing clause 652.245-70.

Please clarify the rational for inclusion of clause 652.245-70.

And will a list of Government property (GFP or GFE) be made available?

GFP may be provided for performance of some task orders.

The list, should GFP be provided, will be included in the applicable task order(s).

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46. B.8, Travel Costs 11 The solicitation refers to travel and ODC costs, but it is not clear if such costs are to be priced at submission of this proposal.

Are travel and ODCs costs to be priced in this proposal?

Will the Government add NTE CLINs for Travel and ODC costs or will those CLINs be added after award?

Government-directed travel will be reimbursed according to RFP Section B.8.

Once travel requirements are known, either a NTE amount or a FFP will be negotiated and incorporated at the task order level.

Travel (other than government-directed travel) for the PMO office must be included as part of the proposed FFP.