Question and Answer Document Version 2 4.22.2025.docx

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Attached to
RFP- Technical Sensory Training (Amend 5)
Solicitation number
W911QY-25-R-TSTS
Issued by

About this file

This document is a Questions and Answers (Q&A) document for Solicitation W911QY-25-R-TSTS, providing clarification on contract details for a technical sensory training requirement. The Q&A addresses three key areas: contract history, payment terms, and contract cancellation. Regarding contract history, this is not a new requirement, with the previous contract (W911QY-15-P-0390) performed from August 2015 to October 2017, and currently no incumbent contractor is performing these services.

The document provides specific details on payment and cancellation terms. The government will pay NET 30 days after receipt of a proper invoice, will not provide pre-payment, and contractors will be paid for services after they are rendered. In the event of contract termination, the government can unilaterally terminate the contract for convenience, but must compensate the contractor for work performed prior to termination. Invoicing will be done quarterly for completed sessions or reimbursable expenses, and the contractor will be paid a percentage of the contract price reflecting the work completed, plus reasonable demonstrated charges.

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Question and Answer Document

W911QY-25-R-TSTS

22 April 2025 Version 2

Q 1. We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services. If not brand new, could you please provide the current / previous contract number?
A 1. While this is not a new requirement, there is no incumbent contractor currently performing these services. This requirement was last awarded as a contract in AUG 2015 with performance completed in OCT 2017. The previous contract number was W911QY-15-P-0390.

Q 2. I’ve read through the many pages of 52.212 on the website and did not find any sort of terms regarding payment.

There’s rules about what should be on the invoice, and how it should be submitted, but there are no guarantees of payment, or how many days it will take from invoice receipt to payment. There are no guidelines regarding invoicing for pre-payment (or down-payment before work begins).

Without this I feel like there is no guarantee of payment, or guarantee of payment within a reasonable time-frame, or any instructions about how to collect an over due payment.

A 2. Regarding guarantees of payment and pre-payment (or down-payment before work begins):

The Government will pay for services after they are rendered. The Government will not provide pre-payment for future services nor contract financing for this requirement.

Please, reference clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services, which is incorporated in section (x) of the solicitation. Clause 52.212-4(i)(1) reads as follows: “Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.”

Regarding Payment Terms:

The Government will offer NET 30 day payment terms starting after the receipt of a proper invoice, after which the Government will incur interest.

Clause 52.212-4(g)(2) reads as follows: “Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.” In 5 CFR Part 1315, 5 CFR 1315.4(g)(1)(iv) dictates the default payment terms are NET 30 days after receipt of a proper invoice.

NOTE: Statement of Work section 13 provides the Contractor shall invoice quarterly for all sessions completed or reimbursable expenses incurred during the prior quarter.

Q 3. Can you please share with me additional information regarding the cancellation of a contract? My concern is that once work begins and a training date is scheduled is it possible that the DoD will cancel the contract in advance of the scheduled training date? Are there clauses to prevent that or requirements that put a limit on that type of activity?
A 3. Cancellation can only be done by the mutual consent of the parties. DoD/the Contracting Officer can unilaterally terminate the contract for the Government’s convenience, in accordance with clause 52.212-4(I), but the Government will make some payments to the Contractor to compensate.

Clause 52.212-4(I) reads in part “the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.”

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