Answers_to_Industry_RFP_Questions_04OCT19.xlsx

Questions

Q: Is the referenced ceiling rate a composite rate based on the CLIN level funding in Section B (Cost funded/negotiated hours)? Or is it required that invoicing be limited to the rate per hour designated in section B.7. through B.11 for each labor hour billed by category?

"However, In Accordance With (IAW) FAR 52.222-43, the wage determination, issued under the Service Contract Labor Standards statute, (41 U.S.C. chapter 67), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal ordering period, shall apply to this contract and supersede corresponding ceiling rates (if applicable)."

L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS B.3.1.1; L.4.2; Attachment 22 RFP para B.3.1.1. states: “Ordering Period One: The Order for NET, Fielding and Deprocessing Services to be performed in the period of performance between the end of the Phase in Period awarded according to B.2.1.1. and 28 FEB 2021 may be placed on a unilateral basis according to the established CPFF hourly rates as identified in Section B.7, provided that the order is issued 60 days prior to the PoP start date.”

RFP para L.4.2 states: “For evaluation purposes of this Factor, the Government will assume 3 February 2020 base contract award date, and the Government Ordering Period 1 contract requirements are estimated in RFP attachments: Ordering Period 1 Density Schedule (Attachment 0013) and Ordering Period 1 NET Plan (Attachment 0009), however the offerors proposed Phase-In schedule will be taken into account.” [emphasis added]

By these two references, Ordering Period 1 does not begin until the end of the Phase-In, which can be any period at the bidder’s choice. Consequently, if a bidder were to propose 120 days transition, which begins on 3 Feb 2020, the bidder’s Ordering Period 1 does not begin until approx. 1 June 2020. That gives the bidder an Ordering Period 1 of 9 months (beginning of June 2020 through to end of Feb 2021).

However, Attachment 22, Government Furnished Price Model, in the Ordering Period 1 tab no provision is made to allow the above bidder to adjust the number of hours such that they exclude those hours that are part of the proposed 120-day Phase-In schedule as described in RFP para L.4.2 shown above.

Q: Is it the Government’s intention that the Ordering Period 1 hours encompass all 12 months of the potential Ordering Period 1 (in conflict with RFP para L.4.2 above), or will the Government update the Atch 22 spreadsheet such that bidders can adjust the Ordering Period 1 hours to reflect the decrease associated with their proposed Phase-In schedule? A: Attachment 0022- Government Furnished Pricing Model (GFPM) accounts for the the IDIQ contract maximum, which includes the quantity of hours defined in Section B.2 estimated across all five ordering periods, which is not separated by month. All hours defined in Section B.2 will be utilized in the Cost/Price Factor as set forth in the GFPM. No adjustments to the Ordering Period 1 hours in the GFPM will be made during the evaluation of the Cost/Price Factor as a result of the offeror's proposed Phase In schedule.

14 H - SPECIAL CONTRACT REQUIREMENTS

L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 1. In the RFP, Sections H.3.1, L.4.3.5.5 and L.4.3.8 each state: “**For the purposes of the solicitation, the composite hourly rates for each labor category shall utilize Wage Determination 2015-5539 ‘Pierce County, Washington’**.” In addition, in the September 12, 2019 Answers to Industry Questions, the responses to questions 7, 8, 9, and 14(e) include similar statements about applying WD 2015-5539 for evaluation purposes. Please confirm that these RFP provisions and Q&A responses mean the following:

a. Solely for RFP evaluation, offerors must use the prevailing wage rates in Service Contract Act Wage Determination 2015-5539 as the minimum wage rates for all labor hours in RFP Attachment 22, Government Furnished Price Model. This evaluation requirement to use WD 2015-5539 as the minimum wage applies regardless of whether offeror expects particular hours be performed at Joint Base Lewis-McChord, performed at other locations in the United States (as defined at FAR 22.1001), or performed at locations outside the United States (as defined at FAR 22.1001).

b. For example, offerors must propose composite labor rates for the Supply/Procurement Specialist described in RFP Section H.3.1.2 using the prevailing wage rates in Wage Determination 2015-5539 for Supply Technician (Occupation Code 01410) as the minimum wage for all in RFP Attachment 22 for this labor category, regardless of how many hours the offeror expects the Supply/Procurement Specialist to perform at Joint Base Lewis-McChord, other locations in the United States, or locations outside the United States.

2. For clarity, the successful offeror may charge its actual costs of labor for contract performance. Service employees must be paid at least the prevailing wages stated in Wage Determination 2015-5539, except for:

a. Labor hours for personnel on TDY outside of Joint Base Lewis-McChord for a period greater than 179 days continuously will be subject to Wage Determination 1999-0316 for the period of the TDY (but will be subject to Wage Determination 2015-5539 for hours worked in the United States before and after the TDY period).

b. Any labor performed at locations outside the United States will not be subject to any Service Contract Act requirements, including the prevailing wages specified in Wage Determinations 2015-5539 and 1999-0316 (See 29 C.F.R. 4.112(b)). The government provides the following clarifications:

Offerors are instructed to utilize WD 2015-5539 for all labor categories subject to a SCA wage determination as detailed in Section H.3.1 in their proposal.

After award, the contractor will be authorized to bill actual labor costs incurred subject to the rate ceiling limit as defined in Section H.6.

H.3.1 Further defines what constitutes membership to the Contractor Field Teams. After award, once a contractor meets the definition of Contract Field Team, they must adhere to the requirements of WD 99-0316 for the entirety of the ordering period of which services are rendered, regardless of where they spend the non TDY hours.

NOTE: Section H narratives have undergone renumbering in the forthcoming RFP Amendment.

Q1: Please confirm that this requirement only applies to positions that are covered under the Service Contract Act and that offerors may propose realistic wages (hourly rates) for performance on OCONUS Contingency Work that may be different than Wage Determination 2015-5539 “Pierce County Washington”?

Q2: Is it the Government's intent to use Wage Determination 2015-5539 “Pierce County, Washington” as the base wage for the Contingency CLIN Contingency (Deployment) Personnel? Per the Department of Labor: The SCA applies to all work performed within the United States. For purposes of the SCA, the term "United States" includes any State, the District of Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf lands as defined in the Outer Continental Shelf Lands Act, American Samoa, Guam, Wake Island, Johnston Island, and the Commonwealth of the Northern Mariana Islands. The SCA does not apply to work performed in any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country. Also, the SCA does not apply to work performed on ships operating in international or foreign waters. If a portion of the contract services is performed within the United States and a portion is performed outside the United States, the SCA applies to the portion performed in the United States.