2nd Round of Questions Answers.docx

OCIE SOLICITATION

W56KJD-12-R-0001

Questions & Answers 14 January 2012

1. Questions - Are responding manufacturers allowed to source the below referenced* materials from outside suppliers from ADS, Inc? We understand that the material will still be required to meet the technical specifications of the RFP.

*Spec4ce™ Afghan Forest Pattern *Pantone 431C *Spec4ce™ Sierra Pattern *Six-Color Desert Pattern *Three Color Desert Pattern *Pantone 150-2-3C *Ghostex Kilo-1

Answer - Afghan National Army (ANA) Digital Uniform and Field Jacket (Spec4ce™ Afghan Forest Pattern), the Afghan National Civil Order Police (ANCOP) Uniform and Field Jacket (Spec4ce™ Sierra Pattern), and the Afghan Partnering Unit (APU) Uniform and Field Jacket (Ghostex Kilo-1) fabric must be purchased from ADS, Inc. There’s no restriction on where other raw material (buttons, hook and loop, etco) is obtained from.

2. Question - Is DUNS number needed for Afghan companies?

Answer – Afghan companies are not required to obtain DUNS.

3. Question - Page 145 of 177 under Title "C. EVALUATION APPROACH" Subtitle "FACTOR 2

PAST PERFORMANCE" paragraph, "e. Past Performance information described herein is required on the offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform 100% of the proposed effort based on the total proposed price {OR COST, AS APPLICABLE}. The offeror shall submit, along with the information required in this paragraph, a consent letter, executed by each subcontractor, teaming partner, and/or joint venture partner, authorizing release of adverse past performance information to the offeror so the offeror can respond to such information. For each identified effort for a commercial customer, the offeror shall also submit a client authorization letter, authorizing release to the Government of requested information on the offeror's performance."

It seems to us there is a typo in regard to percentage of involvement of parties required to provide past performance information. Could you kindly elaborate?

Answer – This is not a typo. If past performance information is available on sub-contractor/joint venture partners please provide.

4. Question - In section “ADDENDUM TO FAR 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS”, paragraph “B. SPECIFIC INSTRUCTIONS”, point number “6”, “(b) Registration documents submitted to AISA demonstrating business is owned by Afghan. What exactly are the required document in this requirement? Is the AISA license (front and back copy) enough?

Answer – Reference http://www.directory.aisa.org.af/. No.

5. Question - In section “C3 CLAUSE 952.225-0015 HOST NATION CONTRACTOR AND SUBCONTRACTING REQUIREMENTS (AUG 2011)”, it is not clear to us if the production process can be done abroad Afghanistan and shipped back to Afghanistan? In terms of quality, performance, and security it will be easier to perform the production outside Afghanistan and the shipment cost will be the same.

Answer – Product must be produced or manufactured in Afghanistan in accordance with the 886 provision of Public Law 110-181.

6. Question - For fabric that should be sources from ADS Inc. does the government have any control on the pricing that ADS Inc will provide to interested contractors? Since the Government has limited of sourcing materials for three patterns, does the Government ensure that equal opportunity will be provided by ADS Inc. to all interested contractors? How can we ensure that equal and fixed price will be provided to all interested contractors and this will not affect the total pricing? How does the Government ensure this will be a fair competition?

Answer – The Government does not have any control over ADS pricing but the same pricing has been provided to all suppliers in the past.

7. Question - If no past performance would result in a neutral rating which equates to acceptable, what would be the difference between the company that can provide good past performance rating if available which also equates to acceptable? Wouldn't this be considered a disadvantage for us comparing to the companies that have good performance in this sector?

Answer – There would be no difference between a contractor providing us with good past performance and no past performance, both would be considered acceptable.

8 Question - Does the Government consider the samples for those companies who delivered it during the RFI? If we didn't provide a sample would this be a disadvantage?

Answer - No, the Government will not give preference to those who submitted samples for the RFI. Samples are not required to be submitted.

9 Question - Per the question and answers released recently, question #26 asks which currency should the price proposal be submitted in, and the answer states that the contract will be awarded in Afghani (local) currency, therefore the proposal shall be submitted in that currency. In addition per clause 952.232-0002 (pg 175 of solicitation) If a company is awarded the contract and is other than a host nation vendor, the contract will be awarded in U.S. Dollars. Please clarify.

Answer – Proposals will be accepted in dollars.

10 Question - Is it possible to have a currency exchange rate that can be locked down for this contract at award time? In addition, what happens in the event that the Afghan currency is devalued against the US dollar and the suppliers like ADS still have to be paid in US dollars and yet the contractor is being paid in devalued Afghani Currency?

Answer - No. The currency exchange rate will be determined at the official exchange rate posted by the local DoD Finance office on the date of the payment in accordance with the Department of Defense Financial Management Regulation.

11 Question - The Q&A response in Amendment 1 states no tax exempt letter will be issued for materials and machinery. Is it the US government’s plan not to provide a tax exempt letter for the import of machinery and facility improvement items only? Are contractors going to receive a letter for all raw materials used to manufacture the garments after award of contract and issuance of a task order? I.e. for fabric, thread, buttons, zippers, trim, etc…

Answer - The Government will issue a Memorandum for Confirmation of the Contract Award to those offerors who are awarded a contract as a result of the subject solicitation. The memorandum will have the information concerning the resultant contract. The contractor will present this memorandum to the Ministry of Finance who will determine tax status for the contractor.

12 Question - Does the 886 rule preclude American or non Afghani companies from being a prime for this contract?

Answer - No, the successful offeror will be required to produce or manufacture the items in Afghanistan. In addition, offerors are restricted to utilizing at least 51% of its workforce from the Afghan population.

13 Question - Are partial progress payments made for partial delivery orders or will the contractor be paid only upon completion of the each delivery order?

Answer – Partial payments will be authorized. Contractors will be paid upon completion of proper invoice.

14 Question - What is the standard payment period upon completion of award?

Answer – Payment will be made approximately 30 days after items have been received/accepted by the Government and a completed invoice is received from the vendor.

15 Question - Does a teaming partners’ past performance count as the Prime’s past performance?

Answer – Prime’s past performance is separate. Reference question/answer #3.

16 Question - Attachments 2, 4, 5 and 6 of the solicitation (W56KJD-12-R-0001) include the Berry Amendment requirement for the basic material (10USC 2241 and DFARS 252.225-7012). However, attachments 1, 3, and 7 do not include this same requirement. Can you please confirm that the Berry Amendment requirement is required for the basic shell material for all Classes and CLINS ordered as part of this solicitation?

Answer - Verbiage will be deleted. Requirement is not subject to the Berry Amendment.

17 Question - For Class 1, 3, and 7, please confirm that the Government is specifying the use of the trademarked and copyrighted camouflage patterns (Spec4ce™ Afghan Forest Pattern ; Spec4ce™ Sierra Pattern; Ghostex Kilo-1 ), which are proprietary patterns owned and licensed by Hyperstealth Biotechnology Corporation.

Answer - Confirmed, but only for these 3 classes, other classes my be sourced elsewhere.

18 Question - In attachment #1 of the solicitation (W56KJD-12-R-0001) the Field Jacket specifications; in paragraphs 2.2.2.1 to 2.2.2.3 including Table I appear to be referring to the lining that is used for the jacket and not the material characteristics for the outer layer of the main jacket. Please confirm what is correct.

Answer - These paragraphs are referring to the lining.

19 Question - During the ramp up phase, in order to achieve full rate production as required in the business plan, it may be our understanding of the solicitation that we may outsource production (outside of Afghanistan) as required provided we attain the target delivery goal for the month and ultimately achieve the desired ratio of host-nation/non-host nation manufacturing for the total acquisition objective. Is our interpretation correct?

Answer - No, all production and manufacturing must be completed in Afghanistan accordance with the 886 provision of Public Law 110-181.

20 Question - Under Factor 1- Technical Capability at page 144 of the RFP, the solicitation states that the Business Plan is to detail “the Contractor’s capability and ability to deliver at least 21,224 uniform items each month for the first 10 months of contract award.” It also states, however, that “[p]roduction quantities must be sufficient to support minimum quantity and timelines stated with the RFP,” that the offeror is to “[i]dentify adequate space to facilitate and store estimated production levels,” and that “[s]taffing must support production goals.” Could you please clarify: (a) where the RFP states “minimum quantity” information and what the Government means by “production levels” and production goals”?; and (b) whether there is a capacity requirement other than the requirement that the contractor be capable of delivering at least 21,224 uniforms each month?

Answer - Contractor’s must demonstrate/show their ability to meet the minimum guarantee amount identified on page 3 and the amount identified on page 165 of the solicitation. Contractor’s must demonstrate their ability to provide at least 21,224 uniforms each month.

21 Question - The instruction for the Price Proposal at pages 141 to 142 of the RFP identify information elements to be included in the Price Proposal, including insertion of proposed unit and extended prices in the pricing schedule for each CLIN. Those instructions do not call for any further breakdowns of the prices or for cost information. However, in the evaluation approach section for Factor 3 – Price, offerors are asked to “[p]rovide price breakouts for all items priced by set . . . for uniforms and each cost for Field Jacket/Liner combo.” That section also states: “The offerors must provide sufficient pricing detail.” Please clarify exactly what pricing information the Government is seeking, if any, in addition to the CLIN prices in the pricing schedule.

Answer – The Government is seeking unit pricing per CLINs with quantities, i.e., 0001AA, 0001AB, and 0001AC. Informational CLINs such as 0001 will not be priced.

22 Question - Under Factor 3 – Price at page 146 of the RFP, the solicitation states: “The evaluated price for each CLIN, including Base Year and Option CLINs, will be calculated by multiplying the proposed unit price by the corresponding quantity.” We assume that the “corresponding quantity” to be used for this calculation is the Maximum Quantity stated for each separate SUBCLIN, e.g., the 100,000 Maximum Quantity for SUBCLIN 0001AC. Please confirm.

Answer - Assumption is correct.

23 Question - Under the Addendum to FAR 52.212-2, Basis for Contract Award provision at page 142 of the RFP, the solicitation states: “The Government intends to limit competition to only manufacturing firms that qualify under the 886 provision of Public Law 110-181 for this requirement.” The solicitation also includes DFARS clause 252.225-7026. Therefore, under DFARS 225.7703-5(e)(1), it appears that the solicitation should not include DFARS 252.225-7000, Buy American Act— Balance of Payments Program Certificate. That clause is, however, included in full text at pages 171-172 of the RFP. Please clarify and, if appropriate, delete the Buy American Act clause.

Answer – DFARS 252.225-7000 Alt 1 is in the contract. IAW 225.1101 (1)(ii) the alternate is used when the acquisition of the end product is purchased in support of operations in Afghanistan.

24 Question - Will offerers be required to add cold weather liner to each jacket although the cold weather liner was previously awarded to the OCIE AWOB companies under IDIQ contract?

Answer – Liners were added via Amendment 0001 (See Attachment 1 to amendment). Yes, each field jacket provided shall include a black in color, removable cold weather liner.

25 Question - Will You like other US army organization pay 15% at Advance for every payment?

Answer – No, advance payments will not be authorized.

26 Question - As you said 22000 or Something more or less Uniforms we have to supply you for the first 10 Months every month Can we reduce the QTY?

Answer – This is an estimate of the Government’s need during the first 10 months of the contract. Contractors must demonstrate their ability to deliver this quantity.

27 Question - Can we make our Factory in Different Provinces and supply you in that Province?

Answer – Yes, but all supplies must be delivered to one location (Camp Eggers).

28 Question - Will you give this contract to one company or to many other companies as well?

Answer – The Government intends to make up to 3 awards.

29 Question – It has been requested that the first order to be delivered by 30-Mar-2012. When is it anticipated date that the contract will be awarded? We need to calculate the production time period.

Answer – We anticipate award being made on or around 1 March 2012.

30 Question - Are we able to hire a subcontractor in Afghanistan to coordinate the production?

Answer – Yes, as long as production/manufacturing is done in Afghanistan.

31 Question - Can the first article items be manufactured in the USA and then followed up with a "TOP" sample from our Afghanistan contractor?

Answer - No

32 Question - How do you define "raw materials" and "production" ... outside of raw materials, may any of the manufacturing process take place outside of Afghanistan? For example, is it possible to cut the fabric and to complete some basic sewing operations prior to importing the components into Afghanistan?

Answer – Raw material is the fabric. Production is the transformation of the raw material into goods, ie., uniforms/jackets. Production and manufacturing must be completed in Afghanistan.

33 Question - Will payment be remitted in US Dollars to an American bank account if the contractor's headquarters is located in the USA?

Answer - Yes

34 Question - Who is responsible for the final payments? I am assuming it is the US Government but wanted to make sure.

Answer - The US Government is responsible for ensuring the contractor is paid for services rendered.

35 Question - As long as we are using a majority of workers in Afghanistan for the manufacturing, does it matter that our company is 100% American owned?

Answer - No, the prime contractor can be American. Offerors are restricted to utilizing at least 51% of its workforce from the Afghan population.

36 Question - It was previously stated in the seminars at KRCC leading up to the current solicitation that part of the criteria for receiving an award, a company must be 51% or greater Afghan owned, is this still true?

Answer – No, contractors are required to utilize at least 51% of its workforce from the Afghan population.

37 Question - In the list of answers posted on 6 Jan 12 concerning the current contract, question # 34 raised the point that a proposal should include in an "Excel spreadsheet of employees to include name, date, and place of birth, nationality, tribal affiliation", is this required?

Answer – See page 174 of the solicitation for what each host nation contractor shall provide with its proposal.