JLCCTC_RFP__Question_Comment_(23_July_2019).pdf

Relates To: (RFP or Attachment #/Section #/Page # Question/Comment Government Response

RFP

The current FRFP doesn't include page numbers until page 97. We recommend a clerical update to include all page numbers.

Page numbers have been added to the RFP. Please use the PDF page numbers.

RFP, Section L.6.a, Page 120

This section requires Section G ‐ Contract Administration to be included; however, there is nothing in Section G for Offerors to complete. Did the Government intend to refer to Section I?

Section G‐Contract Administration Data has been removed from Section L.6.a.

Offerors should review G.1 Small Business Participation.

RFP, Section M.3.7.d, Page 132

It appears there is information missing or the Section M is misnumbered as after M.3.6.c, the next section is labeled M.3.7.d.

Please correct numbering within Section M.3 or clarify why the numbering is inconsistent

The error has been corrected. M.3.6, M.3.6.a, M.3.6.b, M.3.6.c pertain to Volume III, Factor 3 ‐ Past Performance Factor. M.3.7 pertains to Past Performance Relevancy Ratings

RFP, Section L.1.1.a

Per Section L.1.1.a., each Offeror shall submit copies of the MITRE NDAs with their proposal. Please indicate which Volume the MITRE NDAs with the Prime Offeror and ALL Subcontractors are to be included.

Section L.1.1a has been updated with the following language, "(2) In accomplishing their duties related to the source selection process, the aforementioned firms may require access to proprietary information contained in the Prime Offerors' proposals. Therefore, pursuant to FAR 9.505‐4, these firms must execute an agreement with each Prime Offeror that states that they will

(1) protect the Offerors’ information from unauthorized use or disclosure for as long as it remains proprietary and (2) refrain from using the information for any purpose other than that for which it was furnished.

Note: This requirement shall flow down to all Subcontractors."

RFP, Section L.5.16, Page 119

Given the highly proprietary and competition sensitive information contained in a Total Compensation Plans, it is highly unusual for an organization to share this information with a teammate. Please consider changing this requirement as follows.

From ‐ Offerors shall submit a single, comprehensive Total Compensation Plan, in MS Word and/or Excel format, setting forth base salaries separated by fringe benefits proposed for the professional employees who will work under the contract in accordance with Federal Acquisition Regulation (FAR) 52.222‐46. The Total Compensation Plan shall include details regarding the prime contractor, sub‐contractors, and joint venture partners as applicable.

To ‐ Prime Offerors and Major Subcontractors shall submit Total Compensation Plans, in MS Word and/or Excel format, setting forth base salaries separated by fringe benefits proposed for the professional employees who will work under the contract in accordance with (FAR) 52.222‐46.

Major Subcontractors may submit their Total Compensation Plan in a sealed package.

Also, add "Major Subcontractor" after "Offeror" throughout that section.

The language in Section L.5.16 has been updated.

RFP, Section L.2.5, Page 100 & L.2.8, Page 101

Section L.2.5 requires Volumes to be labeled "Copy 1 of 2" and L.2.8 requires Volumes to be labeled "Copy No. 1" and "Copy No. 2".

Please clarify how volumes are to be numbered.

Section L.2.5 has been updated with the following information, "(i.e., sequentially number the required copies with the original being labeled as Copy No. 1). The language "(e.g., copy 1 of 2)" has been removed.

RFP, Section L.2.1, Page 99

Are offerors to schedule the delivery of hand carried proposal submissions with ACC Contractual POCS? By when?

Section L.2.3. has been update with the following: "The Offeror shall email the Points of Contact listed in Section L.2.1 at least 24 hours before intended delivery of hand‐carried proposals and the Government will respond, via email, with guidance on when and where delivery can be made."

RFP L.4.9, Page 112 and L.6, Page 120

Section L.4.9 requires evidence of meeting FAR 52.219‐9 requirements for Small Business Subcontract plans in Volume IV, but the actual Small Business Participation Plan is to be included in Volume VI instead of Volume IV.

Was this the Government's intent?

Section M.4.2 has been updated to with Volume IV instead of Volume V.

Sections L.4.9. and L.6. have been updated. All Small Business information will be submitted into Volume IV‐Small Business Participation. Attachment 7‐Small Business Subcontracting Plan will be incorporated into the contract based on the awardee's proposal.

RFP L.3.7.a.d, Page 105

Is the Government requesting up to 2 past performance contract descriptions and narratives from EACH Major Subcontractor, or 2 total from the pool of Major Subcontractors?

The Government is requesting up to 2 past performance contract descriptions and narratives from each Major Subcontractor.

RFP L.2.6, Page 100

Given the page limitations and information required to be included on cover pages, will the Government reconsider the font size requirements for tables and illustrations. Recommend permitting no less than 8pt. Arial for tables and illustrations (or clearly readable when integrated within graphics).

No, 8pt font size will not be allowed. The Government has changed the Volume II ‐ Program Management maximum page from 40 pages to 50 pages.

IDIQ PWS

Section 3.1.10.1

Section 3.1.10.1 Sensitive Compartmented Information Facility (SCIF) It states the SCIF shall have space for Government GFE safes.

What is the quantity and size of the safes?

(1) one Government safe with a minimum of 5 draws, 58 " high, 28 "deep and

16.5 inches wide.

RFP, L.2.6, Page 100

Does the IMS count against page count within Volume II or can it be added as an appendix or simply referenced and attached as a native file.

Yes, the IMS will count against the page count. The Government has changed the Volume II ‐ Program Management maximum page from 40 pages to 50 pages.

IDIQ PWS, Page 4

Will the USG provide the JLCCTC Federation Development and Execution Process (FEDEP), referenced in multiple locations.

The JLCCTC Federation Development and Execution Process (FEDEP) was provided in the IDIQ PWS paragraph 1.1. The description of the FEDEP begins with the narrative, "To date, capabilities comprising the JLCCTC federation …" and culminates with Figure 1, a graphical description of the FEDEP.

Attachment L5 – Cost‐Pricing Workbook.xlsx The TEP double counts TO 0001 and TO 0002. Please confirm this is the Government's intent.

Yes. As stated in Section M.5.2. Total Evaluated Price (TEP), "The Total Evaluated Price (TEP will consist of the ID/IQ, plus TO 0001, plus TO 0002, and 6 months (Option to Extend Services)."

Attachment L5 – Cost‐Pricing Workbook.xlsx The formula for CPIF CLINs total amount includes LOT + Target Cost + Target Fee, therefore double counting total LOT price (LOT = target cost + fee). Is it the Government's intent to double count LOT prices?

Attachment L5 – Cost‐Pricing Workbook has been updated.

Attachment L5 – Cost‐Pricing Workbook.xlsx The formula for the Option to Extend 6 Months is 50% of the total IDIQ. We believe this is in error and should be 5%. Please confirm.

Attachment L5 – Cost‐Pricing Workbook has been updated with 5% for the Option to Extend 6 Months.

Attachment L5 – Cost‐Pricing Workbook.xlsx / Section B Material / ODCs CLINs 1007 and 2007 do not have plug numbers in the cost workbook. Should these CLINs be populated with the NTE amounts identified in Section B?

Attachment L5 – Cost‐Pricing Workbook has been updated. The plug in numbers have been provided.

Attachment 11 ‐ JLCCTC Notional Schedule Please confirm the period of performance for TO 0002 is 12 Months.

Yes, the period of performance for TO 0002 is 12 months.

Section I ‐ Contract Clauses

Will the Government remove from the solicitation FAR Clauses 52.215‐10, 52.215‐12, and 52.215‐20?

These clauses do not apply in a competitive environment. In its place, FAR Clauses 52.215‐11, 52.215‐13, and 52.215‐21 are appropriate as they apply to future Modifications against the proposed contract vehicle.

The DRFP currently contains FAR Clauses 52.215‐13 and 52.215‐21, and therefore the addition of 52.215‐11 would also be appropriate.

Below are supporting requirements from the FAR for your reference/convenience:

‐15.408(b) states that the Contracting Officer shall insert the clause at 52.215‐10 (Price Reduction for Defective Certified Cost or Pricing Data) in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the Contractor or any Subcontractor; referencing FAR 15.403‐4.

‐15.408(c) states that the Contracting Officer shall insert the clause at 52.215‐11 (Price Reduction for Defective Certified Cost or Pricing Data‐ Modifications) in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the Contractor or any Subcontractor; referencing FAR 15.403‐4) and the clause prescribed in paragraph (b) of this section has not been included.

‐15.408(d) states that the Contracting Officer shall insert the clause at 52.215‐12 (Subcontractor Certified Cost or Pricing Data) in solicitations and contracts when the clause prescribed in paragraph (b) of this section is included.

‐15.408(e) states that the Contracting Officer shall insert the clause at 52.215‐13 (Subcontractor Certified Cost or Pricing Data‐Modifications) in solicitations and contracts when the clause prescribed in paragraph (c) of this section is included.

‐15.403‐4(a) states that the Contracting Officer shall obtain certified cost or pricing data only if the Contracting Officer concludes that none of the exceptions in 15.403‐1(b) applies.

‐15.403‐1(b)(1) states that the Contracting Officer shall not require certified cost or pricing data to support any action where prices agreed

Clause 52.215‐20 has been removed. Clause 52.215.‐11 has been incorporated.

Clauses 52.215‐10 and 52.215‐12 have not be removed.

Section B ‐ Options There are PWS references followed by TO 0001 and TO 0002 PWS references. Please clarify why TO 0001 and TO 0002 are referenced in options 10xx and 20xx.

The PWS references have been removed from the option CLINs.

Section B, Rate Table

In regards to the special NTE Rate Clause in Section B of the Model Contract, in the Draft RFP Q&A the Government responded to a question confirming that while the table could in some circumstances (when updates are requested by the Contractor) be populated with DCMA’s FPRRs (when FPRAs are not available), that it would be updated as new FPRRs or FPRAs are issued/available. This may cause multiple updates and modification due to new FPRRs releases. In the Government answer, this was caveated to “significant” changes. Would the Government change the RFP language to reflect and clarify this and define “significant?” Suggested language would be, “If no FPRA is available, the Forward Pricing Rate Recommendation (FPRR) will be utilized. If an updated FPRR or FPRA comes out that changes any rate by at least +/‐ 1% the contractor will adjust billings to reflect this change and a contract modification will be provided to update for these updated rates within 30 days.” Even with this change, the clause is a highly unusual term that presents a significant and unquantifiable cost risk that allows the contractor’s rates to be a unilateral Government determination (the contractor does not have influence over FPRRs and FPRAs lag many years behind, outside of the contractor’s control), and removal of the clause is still requested.

The language in Section B Rate table has been updated.

Section B, Rate Table

In regards to the special NTE Rate Clause in Section B of the Model Contract, it is assumed that Final Rates or agreed Quick Closeout Rates are equivalent to an FPRA in regards to application of this clause since they would have also been agreed by both the Government and the Contractor, the same as an FPRA would have. The Contractor could then retroactively update any billings as the table is updated and the revised rate caps are applied for the new Contractor/Government agreed rates. Would the Government change this Section B Rates language to state, “…Government will utilize the most recent Forward Pricing Rate Agreement (FPRA) from Defense Contract Management Agency (DCMA) (or any other rate agreement between the Government and the Contractor, for example Final Rates or Quick Closeout (QCO) Rates).

If no FPRA, Final Rates, or QCO Rates are available, the Forward Pricing Rate Recommendation (FPRR) will be utilized. If an updated FPRR or FPRA comes out, or QCO or Final rates, any of which that changes any rate by at least +/‐ 1% the contractor has the right to adjust (prior and current) billings to reflect this change and a contract modification will be provided to update for these updated rates within 30 days.” (This further modifies/refines the suggested language in the prior question). If the Government does not make this change, can the Government please explain how these future rate agreements (Final Rates or QCO Rates) are applied to the Cost Reimbursable CLINs?

The language in Section B Rate table has been updated.

Section B, Rate Table

Can the Government confirm that the Fee input by the bidder in the Table in Section B is the contractor’s commitment to the Fee on any future Task Orders awarded under the contract? If so, should each bidder populate Fee %s and parameters (ex. CPIF shareline) for each contract type currently anticipated on the contract?

The Offeror shall input the Fee percentage for the contract type in the rate table in Section B. The Fee rate will be utilized on all Future Task Orders.

Section B, Rate Table

In Section B Rates clause, when the Government states that “the rates will automatically be modified” please clarify that the contractor would not have to wait for a contract modification, but could begin billing at the new rates immediately.

The Government will perform a contract modification once the awardee/contractor request to update/revise the proposed Indirect Rates at any point during the life of the contract. A contract modification will be completed and billing may begin.

Section B, Rate Table

In the Draft RFP Q&A response, the Government stated, “The table will be utilized for Indirect Rates and Fee…. The title has been updated accordingly.” However, in the Final RFP Section B Rates clause it still says “If the awardee/contractor request to update/revise the proposed Indirect Direct Rates at any point….” Could the Government change this to say “If the awardee/contractor request to update/revise the proposed Indirect Rates at any point….” (removing the word “Direct”)?

The word "Direct" has been removed.

Section B Rate Table / Section L

Would the Government confirm that only the Indirect Rates in the Section B rates table will be contractually binding, and not any direct rates?

If this is the case, would the Government revise Section L.5.6 where it states (in relation to Attachment L5, where the contractor must populate all direct and indirect rates), “All rates (Indirect, Labor, Fee, etc.) will be incorporated into the ID/IQ contract.” Will the Government also remove in Section L.5.13 where it also states, “All direct rates submitted in Section L, Attachment L5 will be incorporated for use as ceiling rates throughout the life of the contract. The cost and prices within the Cost/Price Workbook will take precedence concerning any inconsistency between Section B CLIN pricing and Section L, Attachment L5, the Cost/Price Workbook. Inconsistencies will be adjusted by the Government (if necessary).”

The direct rates will be contractually binding. The RFP states in Section B, "the awardee's proposed labor rates will be incorporated." Additionally, Section L.5.13 Section B states, "All direct rates submitted in Section L, Attachment L5 will be incorporated for use as ceiling rates throughout the life of the contract."

No changes are required to the RFP.

Section B Rate Table and prior Q&A Response

The Government in the Q&A response stated that the “Indirect Rates table applies to FFP….” Please confirm that once the FFP amount is placed on contract that it cannot be altered by any rates changes.

The FFP amounts proposed by the awardee/contractor are FFP amounts and will not be changed.

Attachment 11 JLCCTC Notional Schedule Please confirm that Attachment 11 JLCCTC Notional Schedule should extend through FY30.

Attachment 11‐JLCCTC Notional Schedule has been updated.

RFP, Section F, Pages 36‐39; Attachment 11 JLCCTC Notional Schedule; Attachment L9 Schedule B Spreadsheet

Should the Contractor price TO 0002 with a 12 or 48 month period of performance (PoP)? Attachment 11 JLCCTC Notional Schedule reflects a 12 month PoP for TO 0002, whereas Section F and Attachment L9 Schedule B Spreadsheet reflect a 48 month PoP for TO 0002.

The 48 months PoP identified in Section F and Attachment L9 Schedule B Spreadsheet reflect the PoP (ordering period) for the base years of the contract.

TO PoPs can individually vary, however, it has been determined that TO 0002 will be established with a 12 month PoP, as identified in Attachment 11‐JLCCTC Notional Schedule.