W564KV25RA0020004 Consolidated Clarification Questions and Answers.pdf

Question # RFP Section Title of Section Reference Question Government Answer

Performance Work Statement (Amendment 0003-

20 FEBRUARY 2025)

Attachment 2- Places of Performance

Attachment 2- Places of Performance states that the minimum staffing for USAG Rheinland-Pfalz (Landstuhl, Baumholder) is 3 and the maximum staffing for USAG Rheinland-Pfalz (Landstuhl, Baumholder) is 2.

Please confirm the minimum and maximum staffing for USAG Rheinland-Pfalz (Landstuhl, Baumholder) as well as the total minimum and maximum staffing levels of contractor Victim Advocates.

Attachment - 2 Maximum Staffing Level for USAG Rheinland-Pfalz Landstuhl/Baumholder increased from 2 to 4. All other listed staffing levels remain unchanged.

Performance Work Statement (Amendment 0003- 20 FEBRUARY 2025); Questions & Answers (Amendment 0003- 20 FEBRUARY 2025)

Performance Work Statement: 5.11- Penalty and Remediation Table, Attachment 4- Penalty and Remediation Table

Questions & Answers: #12

In reference to the Government's response to Question #12 of the Q&A:

We respectfully recommend removal of the penalty outlined in Attachment 4- Penalty and Remediation Table. This penalty will deter contractors from hiring military spouses who are expected to PCS and will severely limit the candidate pool.

The Government will not remove the penalty outlined in Attachment 4.

Performance Work Statement (Amendment 0003- 20 FEBRUARY 2025); Questions & Answers (Amendment 0003- 20 FEBRUARY 2025)

Performance Work Statement: Sections 1.6.2.3.1, 1.6.2.3.2, 1.6.2.3.2.1, 1.6.2.3.2.2, 1.6.2.3.2.3.1, Section 5.11- Penalty and Remediation Table, Attachment 4- Penalty and Remediation Table

Questions & Answers: #12, #95, and #96

In reference to the Government's response to Questions #12, #95, and #96 of the Q&A:

Given that the majority of the documents, steps, and processes outlined in Sections 1.6.2.3.1, 1.6.2.3.2, 1.6.2.3.2.1, 1.6.2.3.2.2, and

1.6.2.3.2.3.1 of the Performance Work Statement are beyond Contractor control- as they are performed by either the candidate or the Government and can be impacted by Government schedule and availability, machine/equipment malfunction, and Government IT system delays/glitches- and that it can take up to two weeks to clear the FBI fingerprint check, would the Government consider:

(1) a 60-day deadline for a vacancy to be "filled" and (2) the removal of the penalty outlined in Attachment 4?

Increased 30 days to 45days to fill a vacancy in PWS 1.28.2 and "Penalty" column in Attachment - 4, no other changes to pentalty table

Performance Work Statement (Amendment 0003- 20 FEBRUARY 2025); Questions & Answers (Amendment 0003- 20 FEBRUARY 2025)

Performance Work Statement : 1.28.2 (Pgs. 16-17)

Questions & Answers : #96

"The contractor shall provide adequate coverage at all performance locations IAW Attachment 2 and consistent with the requirements within the PWS. A position listed in Attachment 2 shall be considered vacant as soon as no person is exclusively assigned and approved to perform at the assigned installation per Attachment 2 supporting DAVA and EPC services. Contractor shall notify the Government within (1) one hour of knowledge if any installation does not have in person support for DAVA and EPC services due to vacancies or extended personnel absences. The Contractor shall have five (5) business days to identify to the Government a remedy plan to provide minimum staffing, and ten (10) business days to remedy to provide appropriate level of in person coverage while vacancies are being addressed/backfilled. A vacancy is considered filled once the contractor has received notification of a suitable background check from the government. The contractor will remediate all employment vacancies within thirty (30) days. The contractor shall report the cumulative turnover and vacancy rate as part of the monthly report. (Deliverable #A016). The contractor shall report any staffing shortfalls not meeting the Minimum Staffing Levels - Attachment 6 within one hour of knowledge to the COR and follow up with email correspondence to the COR within four (4) hours during working hours or immediately the next duty day."

Section 1.28.2 of the Performance Work Statement states: "A vacancy is considered filled once the contractor has received notification of a suitable background check from the government."

Once a candidate is submitted for a suitable background check, the Contractor has no control. As currently written, any delay on the Government's part reflects negatively on the Contractor, making the Contractor subject to the penalties outlined in Attachment 4.

We respectfully recommend that the definition of "filled" in Section 1.28.2 be revised to: "A vacancy is considered filled once the contractor has submitted a candidate for a background check from the government."

No changes will be made.

Please reference the following PWS sections:

PWS 1.28.2 allows for the Contractor to "The Contractor shall have five (5) business days to identify to the Government a remedy plan to provide minimum staffing, and ten (10) business days to remedy to provide appropriate level of in person coverage while vacancies are being addressed/backfilled"

AND

Per PWS 1.6.2.3.2.2 - "Receive the interim suitability adjudication results of the FBI Fingerprint Check and the Installation Records Check and documentation an investigation was submitted on the Background Check Verification Checklist. This will allow the contractor to begin work with children under Line of Sight Supervision. The individual is not cleared to work outside of LOSS until a favorable final suitability adjudication checklist is received showing completion and adjudication of the Tier I w/SCHR. "

AND

PWS Section 1.6.2.3.4 "...Since the completed CNACI process can take up to 18 months, staff may be issued a CAC upon favorable completion of the preliminary investigation and be eligible to begin work. If the CNACI process is completed and the contractor staff are not approved, the CAC will be revoked. The contractor shall notify the COR No Later Than (NLT) three business days if it encounters difficulties with the CNACI process that will prevent it from completing the process."

Performance Work Statement (Amendment 0003- 20 FEBRUARY 2025) Attachment 4- Penalty and Remediation Table (Pg. 47)

Performance Work Statement Attachment 4- Penalty and Remediation Table, “Penalties” column states: “After 30 days of defective services, the Government may reduce the monthly price to reflect the reduced value of the services performed in accordance with FAR 52.212-4 Para (a) Contract Terms and Conditions- Commercial Products and Commercial Services.” FAR 52.212-4 Para (a) Contract Terms and Conditions- Commercial Products and Commercial Services states: “If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.” The language in Performance Work Statement Attachment 4- Penalty and Remediation Table, “Relapses” column indicates the Government’s intent to “...withhold 30 percent of the monthly payment for the CLIN monthly invoiced amount."

Bearing in mind that the CLIN pricing reflects total performance (i.e. 16 Victim Advocates), the 30 percent seems excessive and punitive in nature and not in keeping with the spirit of FAR 52.212-4. We respectfully request that the Government revisit the penalty percentage to ensure contractors are treated fairly.

The Government agrees to chage the 30% withold penalty to 20%.

Performance Work Statement (Amendment 0003- 20 FEBRUARY 2025) Attachment 4- Penalty and Remediation Table (Pg. 47)

Performance Work Statement Attachment 4- Penalty and Remediation Table, “Relapses” column indicates the Government’s intent to “...withhold 30 percent of the monthly payment for the CLIN monthly invoiced amount."

We respectfully recommend that any withhold be applied only to the position(s) vacant below the minimum staffing levels outlined in Performance Work Statement Attachment 2- Places of Performance.

No changes will be made. This requirement's prcing is set by total performance and is not broken down by location.

Performance Work Statement (Amendment 0003- 20 FEBRUARY 2025) Attachment 4- Penalty and Remediation Table (Pg. 47)

Performance Work Statement Attachment 4- Penalty and Remediation Table, “Description” column states: “Contractor is not able to staff per the contract requirements."

We respectfully recommend that this language be revised to: "Contractor is not able to staff per the contract requirements for minimum staffing level as outlined in Performance Work Statement Attachment 2- Places of Performance."

The Government agrees to update the "Description " column with the suggested language.

5 Performance Work Statement (Amendment 0003-

20 FEBRUARY 2025)

1.26.6 Personally Identifiable Information (PII) (Pg. 14)

"The Contractor shall provide signed ACS Employee/Contractor Confidentiality Agreements to the Government prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract. In addition, Contractor employees, performing services under this contract with access to Personally Identifiable Information (PII) shall complete “Identifying and Safeguarding Personally Identifiable Information.” Training within thirty (30) calendar days of employment. Contractor personnel must complete refresher training every twelve (12) months to be aware of the Privacy Act which promotes and safeguards PII maintained by a system of records. The collection, storage, use, maintenance, processing, dissemination, and disclosure of personal information must follow the Privacy Act of 1974 (5 U.S.C. § 552a). In accordance with AR 25-22, all Army personnel, including contractors, must complete annual PII training.

Training is available at: https://public.cyber.mil/training/identifying-and-safeguarding-personally-identifiable-information-pii/ (Deliverable #A014)."

Performance Work Statement Section 1.26.6 Personally Identifiable Information (PII) states: "The Contractor shall provide signed ACS Employee/Contractor Confidentiality Agreements to the Government prior to commencement of work under the contract."

Will the Government please confirm that Confidentiality Agreements apply only to those contractor employees directly performing the work?

The Confidentialy agreement applies to all contractor employees.

Performance Work Statement (Amendment 0003- 20 FEBRUARY 2025) 1.26.6 Personally Identifiable Information (PII) (Pg. 14)

"The Contractor shall provide signed ACS Employee/Contractor Confidentiality Agreements to the Government prior to commencement of work under the contract. Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract. In addition, Contractor employees, performing services under this contract with access to Personally Identifiable Information (PII) shall complete “Identifying and Safeguarding Personally Identifiable Information.” Training within thirty (30) calendar days of employment. Contractor personnel must complete refresher training every twelve (12) months to be aware of the Privacy Act which promotes and safeguards PII maintained by a system of records. The collection, storage, use, maintenance, processing, dissemination, and disclosure of personal information must follow the Privacy Act of 1974 (5 U.S.C. § 552a). In accordance with AR 25-22, all Army personnel, including contractors, must complete annual PII training.

Training is available at: https://public.cyber.mil/training/identifying-and-safeguarding-personally-identifiable-information-pii/ (Deliverable #A014)."

Performance Work Statement Section 1.26.6 Personally Identifiable Information (PII) states: "The Contractor shall provide signed ACS Employee/Contractor Confidentiality Agreements to the Government prior to commencement of work under the contract."

Please provide a copy of the required Confidentiality Agreement.

Confidentiality Agreement will be made available to contract awardee only.

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