The file's text, extracted by GovTribe without its formatting.
| Question |
| Government Response |
| Action Taken to RFP |
| 1 |
| In regards to the rate of pay (Page 41 of 73) for the employees, there is not a specification in regards to the "Occupation and Code-Title" as found in the Wage Determinations Under the Service Contract Act/WDOL. It does however, specify Employee Class GS-7 Step 6 at a Monetary Wage Rate of $22.90 Base Rate. |
In the pre-solicitation notice, it specifies understandably that the employees must be Opticians. If I refer to the WDOL for Kent County Michigan (Location Wyoming) a rate of $16.13 applies for Optical Dispenser 12235 and a rate for Optical Technician 12236 at a rate of $15.60. And if I calculate the additional WDOL Health and Welfare Rate EO rate of $4.13 for each hour worked, neither of the rates combined equal the Monetary Wage Rate of $22.90 Base Rate. ($16.13 + $4.13 = $20.26 and $15.60 + $4.13 = $19.73).
FAR Part 52.222-42 Statement of Equivalent Rates for Federal Hires states, in part, “In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination”.
Therefore, the GS Grade and subsequent hourly rate are for informational purposes only of what an equivalent federal hire would be paid in the position being contracted for. The clause has no contractual function, but is required by 41 U.S.C. § 351(a)(5). Therefore, the important and contractually obligating hourly rate and health & welfare rate is specified in the Wage Determinations for each geographic location included in the RFP.
None. Informational purposes only.
| 2 |
| Also, regarding the Health and Welfare Rate Executive Order 13706, this is for all hours worked through the year by the employee not just the 56 used hours of Sick Leave, correct? I have referred to numerous documents explaining the application of this EO and would like to know definitively the rate of Health & Welfare that is to be paid. |
| The Contracting Officer’s interpretation is that Executive Order 13706 rate would apply to all hours worked throughout the year. The Health & Welfare rate located above the Health & Welfare Rate for Executive Order 13706 is for contracts not covered by Executive Order 13706. For clarification, this contract is covered by Executive Order 13706. |
More information can be found at www.dol.gov/whd/contracts.
None. Informational purposes only.
| 3 |
| Can consideration be given to placing this solicitation under NAICS codes 339115 or 446130? |
| NAICS 339115 is a supply NAICS, meaning that the greatest percentage of the contract would have to be the manufacturing of ophthalmic goods, which isn’t the case (See blue highlighted section of 13 C.F.R. § 121.402(b)(2) below). The VA is manufacturing the eyeglasses. The services required by the Government are for measuring, fitting, dispensing, and educating our patients, which falls more in line with NAICS 621320. |
NAICS 446130 was also considered. However, in accordance with 13 C.F.R. § 121.402(b)(2), (See yellow highlighted section below), NAICS under a wholesale trade or retail trade are not allowed.
(2) A procurement is usually classified according to the component which accounts for the greatest percentage of contract value. Acquisitions for supplies must be classified under the appropriate manufacturing or supply NAICS code, not under a Wholesale Trade or Retail Trade NAICS code. A concern that submits an offer or quote for a contract, order, or subcontract where the NAICS code assigned to the contract, order, or subcontract is one for supplies, and furnishes a product it did not itself manufacture or produce, is categorized as a nonmanufacturer and deemed small if it has 500 or fewer employees and meets the requirements of § 121.406(b).
Unfortunately, at this time the Government is unable to change the NAICS code.
None. Informational purposes only.
| 4 |
| Is this a new contract? If not, what is the contract number and cost of each dispensing. |
| This is not a new contract. Currently, services are provided by two (2) contractors, one (1) for the "Northern Tier" of VISN 10 which is mostly the State of Michigan, and another for the "Southern Tier" which provides services in the State of Indiana. The pertinent contract information is below. I do not provide per unit pricing as that may detrimentally impact the Government’s ability to receive fair competition. |
| Contract # |
| Contractor |
| Estimated Contract Value as of 1/22/2018 |
| VA251-12-D-0034 |
| L&S Optical Inc. (Southern Tier) |
| $2,624,974.00 |
| VA251-12-D-0035 |
| Steven Schaller Optician, LLC (Northern Tier) |
| $2,072,930.00 |
None. Informational purposes only.
| 5 |
| What are the operating days and hours of the dispensing facility? |
| Each facility is different in regards to their specific hours. Our requirement is the awarded contractors have a physical presence providing dispensary services any time the eye clinics are open. This is typically 8:00am EDT to 4:30pm EDT Monday through Friday. Typically, an additional two (2) Saturdays a month each location is open for a half day 8:00am EDT to 12:00pm EDT, with an occasional third Saturday, and rarely a fourth Saturday. It truly is site dependent and fluctuates based on the demand for eye clinic services. Providing a set schedule for each location is impractical. |
| Update Section B.6- Performance Work Statement, Paragraph SPECIFIC PERFORMANCE TASKS, to include the following language: |
Contractor shall have a physical presence providing dispensary services any time the eye clinic which is being supported is open seeing patients. This is typically 8:00am EDT to 4:30pm EDT Monday through Friday. Typically, an additional two (2) Saturdays a month each location is open for a half day 8:00am EDT to 12:00pm EDT, with an occasional third Saturday open for a half day 8:00am EDT to 12:00pm EDT, and sometimes a fourth Saturday open for a half day 8:00am EDT to 12:00pm EDT.
| 6 |
| Has the number of total units decreased of increased? If so, by what %? |
| Below is a table of the estimated volumes at time of the incumbent contract awards in 2012 for each location versus the current estimated volumes for this RFQ. Any cell that is “-” is being added to the new contract and was not awarded in 2012. |
| Location |
| 2012 - 2017 Estimated Volumes |
| 2018 – 2023 Estimated Volumes |
| % Increase |
| Indianapolis |
| 57,662 |
| 67,275 |
| 17% |
| Fort Wayne |
| 21,671 |
| 33,044 |
| 52% |
| Mishawaka CBOC |
| - |
| 16,620 |
| N/A |
| Detroit |
| 37,576 |
| 75,512 |
| 101% |
| Ann Arbor |
| 27,629 |
| 51,088 |
| 85% |
| Toledo CBOC |
| 22,734 |
| 34,878 |
| 53% |
| Battle Creek |
| - |
| 90,768 |
| N/A |
| Wyoming CBOC |
| - |
| 16,620 |
| N/A |
None. Informational purposes only.
