W9124D-16-R-0026-0002_CONFORMED_COPY.pdf
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SEE ADDENDUM
(No Collect Calls)
W9124D-16-R-0026 24-May-2016
b. TELEPHONE NUMBER
502-624-4510
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 24 Jun 2016
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W9124D9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DORIS I. NICHOLSON
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0010641871-0001
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
MISSION AND INSTALLATION CONTRACTING CMD
MICC FORT KNOX
BLDG 1109B STE 373
199 6TH AVE
FORT KNOX KY 40121-5720
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: 502-624-2153 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$15,000,000
NAICS:
611710
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF181
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W9124D-16-R-0026
Section SF 30 - BLOCK 14 CONTINUATION PAGE
AMENDMENT 0002
Block 14. DESCRIPTION OF AMENDMENT/MODIFICATION (CONTINUED)
THE FOLLOWING ITEMS ARE APPLICABLE TO THIS AMENDMENT:
A. THE PROPOSAL DUE DATE IS EXTENDED TO 24 JUNE 2016, 1:00 P.M., LOCAL FORT KNOX, KY, TIME.
B. THE PERIOD OF PERFORMANCE HAS BEEN REVISED.
C. INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS HAVE BEEN MODIFIED AND ARE
REPLACED HEREIN.
- SUBFACTOR ONE – STAFFING PLAN (SEE QUESTION 4)
- SUBFACTOR TWO – MANAGEMENT PLAN
- TABLE 1 - STAFFING HAS BEEN REVISED (SEE QUESTION 28)
- DIRECT LABOR TABLE (SEE QUESTION 29)
- SAMPLE QUESTIONNAIRE COVER LETTER (SEE QUESTION 48)
- PARAGRAPH C. PROPOSAL PREPARATION INSTRUCTIONS 2. PROPOSAL FORMAT (c) (SEE
QUESTION 45)
D EVALUATION FACTORS FOR AWARD HAVE BEEN MODIFIED AND ARE REPLACED HEREIN.
- PARAGRAPH a. BASIS FOR CONTRACT AWARD, SUBPARAGRAPH (2) (SEE QUESTION 60)
- PARAGRAPH c. EVALUATION CRITERIA, SUBPARAGRAPH (2), SUBFACTOR 1: STAFFING
PLAN; SUBFACTOR 2: MANAGEMENT PLAN
E. QUESTIONS AND ANSWERS ARE ATTACHED HERETO AND MADE A PART OF THIS
SOLICITATION AND RESULTANT CONTRACT.
F. THE PERFORMANCE WORK STATEMENT (PWS) HAS BEEN REVISED AND IS REPLACED.
(1) THE FOLLOWING PARAGRAPHS OF THE PWS HAVE BEEN MODIFIED AND REPLACED AS
NOTED IN THE QUESTIONS AND ANSWERS:
F. THE PERFORMANCE WORK STATEMENT (PWS) HAS BEEN REVISED AND IS REPLACED.
(1) THE FOLLOWING PARAGRAPHS OF THE PWS HAVE BEEN MODIFIED AND REPLACED AS
NOTED IN THE QUESTIONS AND ANSWERS:
- PARAGRAPH 1.4.1.1.5 (QUESTION 148)
- PARAGRAPH 1.5.3 (QUESTION 131)
- PARAGRAPHS 1.5.7.1 AND 1.5.7.1.1 (QUESTION 2)
- PARAGRAPH 1.5.7.2.1 (QUESTION 145)
- PARAGRAPH 1.6.8.1.3 (QUESTION 24)
- PARAGRAPH 1.6.19.2.2 (QUESTION 26)
- PARAGRAPH 5.3.1 (QUESTION 171)
- PARAGRAPH 5.3.5 (QUESTION 173)
- PARAGRAPH 5.5.1.4 (QUESTION 101)
- PARAGRAPH 5.5.1.11 (QUESTION 100)
- PARAGRAPH 5.5.3.4 (QUESTION 183)
- PARAGRAPH 5.6.1.2 (QUESTION 163)
- PARAGRAPH 5.7.2 (QUESTION 118)
- PARAGRAPH 5.10.16 (QUESTION 136)
- PARAGRAPH 5.12.15.1 (QUESTION 166)
(2) THE FOLLOWING PARAGRAPHS HAVE BEEN ADDED TO AND MADE A PART OF THE REVISED
PWS:
- PARAGRAPH 1.5.7.3 (QUESTION 4)
- PARAGRAPH 5.9.3.3 (QUESTION 129)
G. TECHNICAL EXHIBIT 3 TO THE PWS HAS BEEN UPDATED AND INCLUDED HEREIN.
H. FAR CLAUSE 52.222-42 HAS BEEN MODIFIED AND IS REPLACED HEREIN. (SEE QUESTION 56)
I. PLEASE COMPLETE THE SF1449 RFP CONFORMED COPY AND SUBMIT IT WITH YOUR PROPOSAL.
J. SEE THE SUMMARY OF CHANGES FOR ALL CHANGES.
K. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
W9124D-16-R-0026 ESSC Solicitation Questions Received:
1. After reading section 5 it appears the contractor is expected to provide includes Financial Management and Processing, IT, Administrative, Educational Consulting and Research. It additionally states that independent analysis is required to support virtually every Functional Area. Why then, in the introduction is this contract referred to as an “Administrative Support Services” contract.
Answer: See Performance Work Statement (PWS) paragraph 1.1.1. The education support services are considered administrative in nature.
2. Technical Volume Management Plan – What is considered a “customer related” service field relevant to this solicitation?
Answer: Some examples of civilian “customer related” service field are customer service manager, customer service representative or accounts manager. Some examples of military “customer related” service field are logistics, personnel, supply, Adjutant General, civil affairs, finance, Army general staff, inspector general, any Medical service field, or quartermaster. Basically, any person (civilian or military) that managed personnel tasked with providing service to the general public or veteran population (a plus). Someone with a business operations background may also work. PWS paragraphs 1.5.7.1 and 1.5.7.1.1 are changed to read:
1.5.7.1 Project Manager (PM). The contractor shall provide a PM who shall be responsible for the performance of the work, task order compliance and quality control. The PM is responsible for the planning and execution of all activities related to the contract. The PM shall ensure that all personnel assigned to a task meet government qualification standards and receive necessary training. The PM shall review subcontractor deliverables, invoices and approvals for payment. The PM shall review all deliverables prior to their submission for acceptance. The PM shall possess experience in managing large-scale government projects, and be familiar with government policies and procedures. The PM shall have knowledge of military personnel automation systems and be able to work in a digital environment. The PM shall possess good analytical skills, time management, and be an independent thinker.
Proficiency in MS Office is required. The PM shall be a self-starter and be an analytical thinker. The PM shall be employed by the prime contractor. The PM APM (in the absence of the PM) shall have full authority to act for the contractor on all contractual matters relating to daily operation of this contract. This authority shall extend to any subcontractors employed by the prime in support of this contract.
1.5.7.1.1 Education, training and experience required and a Bachelor’s degree in Education Services or Business Administration/Management, Workforce Development or related field; and six to eight years of experience in the field or in a related area pertinent to education services; or a Master’s degree from an accredited college, and minimum of six years’ experience in training and administration experience, and project management in the “customer related” service field.
3. Given the minimal standards established for technically acceptable in the Solicitation why wouldn’t the government just accept a sealed bid.
Answer: A determination was made that the best value to the government for this requirement will be through evaluation as Lowest Price Technically Acceptable (LPTA).
4. Given the lack of solicitation informational as to what type of training, experience, qualifications and certifications the contractor staff requires, is it the preference of the government that the proposer “guess” at the required certifications, qualifications, and training of the non key personnel. Are the omitted details purposely done by the government so the proposer will bid LCATS that are lower than what may be customary or required by the DOL.
Answer: Only qualifications for key personnel and lead staffing will be evaluated; no further certifications / qualifications will be evaluated. See revised Subfactor One – Staffing Plan
Please review PWS paragraph 1.5.7 and updated Subfactor One – Staffing Plan. PWS paragraph 1.5.7.3 is added to the PWS as follows:
1.5.7.3 Contractor functional lead staffing requirement for Education Services Career Program (CP31) Support (PWS Paragraph 5.2); ACED Office Operations Support (PWS Paragraph 5.3); Army Personnel Testing Program Support ((PWS Paragraph 5.4); GoArmyEd Program Support (PWS Paragraph 5.5); Postsecondary School Management ((PWS Paragraph 5.6); Joint Services Transcript (PWS Paragraph 5.7); Tuition Management Team Support to include Tuition Recoupment/Refund (PWS Paragraph 5.8); Government Approved School Invoice Processing Support (PWS Paragraph 5.9); Strategic Communications, Outreach and Marketing (PWS Paragraph 5.10) and Processing of Claims, Inquiries and Requests for Information for Post 9/11 (PWS Paragraph 5.11). The contractor shall provide a functional lead with a minimum of an Associate’s Degree or 60 semester hours, as well as, two years of experience that has equipped the person with the knowledge, skills and abilities to perform the task.
Subfactor One – Staffing Plan is changed as follows:
Subfactor One – Staffing Plan – The offeror shall describe its Staffing Plan methodology / approach and staffing mix in each PWS area contained herein in order to demonstrate the offeror’s understanding of the requirement and the offeror’s ability to successfully perform the services for this action. The description shall include providing a sufficient number of trained personnel to perform the duties and services specified herein. Minimum certifications and qualifications for the project manager, alternate project manager and functional heads are detailed in the PWS contained herein. Offerors shall provide a narrative summary for the total number of personnel proposed for this contract. The Offeror shall include the proposed staffing plan/chart that clearly depicts labor classifications and labor hours per classification per period of performance. The technical proposal shall correlate to the data submitted under the price proposal but SHALL NOT contain price information. The offeror shall ensure its proposed staffing clearly depicts the total number of Full Time Equivalents (FTE)'s for each proposed labor category, including any subcontracted effort. All cross utilization of the labor force shall be clearly explained. Offerors shall complete Table 1 below (table may be modified only to add columns and/or rows but not to delete basic required information) to provide a summary of proposed staff. Incomplete discussion of the staffing plan, marginal levels of staffing overall or in a specific PWS area, and/or an inappropriate skill mix could indicate a lack of understanding concerning mission requirements and may result in the entire proposal receiving an unacceptable rating.
Table 1 – Staffing
Functional Area
Labor Category
Prime/Sub Productive Hours
5. Without credible past performance, what method does the government apply to insure confidence of “a reasonable expectation that the offer will successfully performed the required effort”.
Answer: Per Federal Acquisition Regulation 15.305(2)(iv), “an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.” As per Department of Defense source selection guidance, under an LPTA acquisition, “offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.”
6. Price – “Price will be evaluated for reasonableness”. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 15, 404-1 (b) Through these techniques the Government will determine whether prices are reasonable, complete and balanced. – In determining reasonable, complete and balanced has the government established minimum Labor Categories and a minimum staffing level to be used for proposers staffing plans? If so, would the government please provide those minimums?
Answer: It is up to the contractor to propose the staffing level and labor categories per the proposed workload and PWS requirements.
7. The solicitation makes no reference to required research, administrative, management and quality assurance staffing or metrics. Without specific metrics for all tasks development of a staffing plan is near impossible. Please provide current or minimally acceptable staffing numbers by Functional Areas found in Section 5.
Answer: Technical Exhibit (TE) 3 has been revised and is replaced in its entirety.
8. If awarded the contract, and through a DOL audit it is determined that the contractor has improperly paid its employees due to incorrect LCATs will the government reimburse the contractor for all compensation the DOL requires the contractor to make to its employees. If not why not as the solicitation states the government performed a price reasonability check to insure a complete and balanced pricing approach. Additionally, in awarding the contract, the assumption is the evaluation committee agreed with the proposers choose of LCATS, consequently the government should be part in parcel to all financial obligations that results from their errors.
Answer: The assumption above is incorrect. The government’s price evaluation is to determine whether the price is reasonable for the government (i.e. not unreasonably high) and balanced with regard to risk to the government.
The price evaluation is not a buy –in or ratification of the offeror’s pricing. The government review of the labor categories is to determine technical acceptability. It is the contractor’s responsibility to ensure that rates of pay they are complying with the DOL minimums. The government expects that offerors are capable of reviewing PWS duties and determining appropriate labor categories for its proposed staffing approach.
9. Is this a new requirement or a follow-on effort for an existing requirement?
Answer: This is a follow-on for an existing requirement adjusted to meet current mission requirements.
10. If this is an existing requirement, what is the contract number, period of performance, and award amount for the current contract?
Answer: Contract number is W9124D-11-C-0016. Period of performance is (phase-in, base plus four option periods) from 04 Aug 11 to 03 Aug 16. Total current award amount (base plus four option periods) must be requested via FOIA.
11. Is the incumbent contractor eligible to bid?
Answer: Yes.
12. Can the attachments for past performance information be provided as MS Word documents?
Answer: Yes, the past performance information in MS Word is included as an attachment.
13. Page 43 of the RFP regarding Sub factor 1 Staffing plan states “The description shall include providing a sufficient number of trained personnel with the applicable certifications and qualifications to perform the duties and services specified herein”. Minimum certifications and qualifications appear in the PWS for key personnel only. What certifications and qualifications are required for other personnel?
Answer: See revised Subfactor One – Staffing Plan, as included in Question Number 4 above. There are no special training, experience, qualifications or certifications required except as noted in PWS paragraph 1.5.7.
14. What is the anticipated Level of Effort (LOE) in person hours for this solicitation?
Answer: This is not a level of effort type contract. It is the contractor’s responsibility to determine their staffing level based on their analysis of the workload.
15. Will meeting support be required for multiple meetings at the same time?
Answer: There is a good possibility that multiple meetings may be scheduled at the same time and require support as referenced in PWS paragraph 5.1.4.
16. It appears the program has grown. The incumbent contract has 10 Tasks; whereas, this solicitation includes 12
Tasks. Is that correct?
Answer: Yes
17. The work will be performed in Kentucky. I believe Kentucky recognizes Good Friday as a holiday. Can you confirm
Kentucky has 11 paid holidays per year?
Answer: The contractor is required to abide by the Department of Labor rules within the wage determinations.
Also see PWS paragraph 1.6.1 Legal Federal Holidays.
18. Many billets are subject to the Service Contract Act (SCA). Can you confirm Health & Welfare (H&W) is $4.27 per hour for personnel in SCA billets?
Answer: The current health and welfare rate is identified in the wage determination.
19. Would you consider requiring a Price Build Up in the Price Volume, so you can verify bidders have included: Pay, Fringe, H&W, Overhead, G&A, and Fee?
Answer: There is no price buildup required for this requirement. Competition is anticipated; therefore, the submission of other than cost or pricing data is not required.
20. Is there an incumbent for this effort? If so, are they eligible to compete for this effort?
Answer: Please refer to question number 11’s answer.
21. It appears that the Non-Displacement of Qualified Workers is applicable to this effort.
Request: Please provide additional information on these workers including their length of services with the contract and their current labor categories.
Answer: This information will be released to the awardee upon contract award.
22. Please define the labor categories where you require certifications. Also, without specific qualification requirements, how are we able to determine that we have met minimum certification and qualification requirements. Please provide certification and qualification requirements for all labor categories needed to support this effort.
Answer: Please refer to question number 4’s answer.
23. On page 42 of 134, (items 1 and 2 under Technical Volume) the PWS seems to imply the complete PWS (all sections). If this is the case, it appears that the fifty page limit may not be sufficient. Clarification: Please clarify whether the references to the PWS are for all sections or for section 5 of the PWS.
Answer: The contractor shall address any sections of the PWS that supports their factors; the 50 page limit will not be revised.
24. Please confirm that this procurement does require a DD Form 254? If so required, will the solicitation be amended to include the appropriate DD Form 254?
(Reference PWS Paragraph 1.6.8.1.3, Page 67 of 134, states “The VAL shall be used to validate background investigations to ensure compliance with the appropriate DD 254 and with minimum computer access requirements (AR 25-2).” “…contractor shall either submit a Visit Request thru the Joint Personnel adjudication System (JPAS) to the HRC Security Office or a Visit Authorization Letter (VAL) to the COR and the Security Officer NLT seven workdays prior to their arrival or report date.”)
Answer: A DD Form 254 is not required for this procurement. PWS paragraph 1.6.8.1.3 has been changed to read:
1.6.8.1.3 Prior to a new contractor employee in-processing with HRC, Ft Knox, KY the contractor shall either submit a Visit Request thru the Joint Personnel Adjudication System (JPAS) to the HRC Security Office or a Visit Authorization Letter (VAL) to the COR and the HRC Security Office NLT seven workdays prior to their arrival or report date. Requests submitted in JPAS shall include the supported contract number. The VAL shall be used to validate background investigations to ensure compliance with minimum computer access requirements (AR 25-2).
Personnel reporting into HRC shall be vetted which includes possessing the minimum investigation, entrance into Contractor Verification System (CVS), and possession of a contractor’s CAC (reference PWS paragraph 1.6.8.4).
The VAL shall be on the contractor’s organizational letterhead and include the following information:
1.6.8.1.3.1 Contractor name and cage code
1.6.8.1.3.2 Contract # being supported
1.6.8.1.3.3 Employee Full Name, social security number (SSN), DOB and POB
1.6.8.1.3.4 Type Investigation and date (Submitted/Open/Closed)
1.6.8.1.3.5 Date Central Clearance Facility (CCF) Adjudicated or interim granted
1.6.8.1.3.6 Name of HRC government point of contact (include the Directorate when known)
1.6.8.1.3.7 Name of COR and Contact Information (phone and e-mail)
1.6.8.1.3.8 Start and end date of visit
1.6.8.1.3.9 If subcontracted, identify primary contracted organization and cage code
25. Could not find the paragraphs referenced in NOTE, i.e. C10.6.1.1, C10.6.1.2, C10.6.1.2.4?
(Reference: PWS Paragraph 1.6.8.2.6, Page 68 of 134 under the NOTE states "In addition to notifying the designated government proponents NLT the designated timeframes (i.e. section C10.6.1.1, C10.6.1.2, C10.6.1.2.4, etc.) identified in DoD Directive 5400.11-R, the contractor shall also notify the COR, KO, and the government installation Operations Security (OPSEC) officer.)
Answer: PWS paragraph 1.6.8.2.1 and 1.6.8.2.6 are changed to read:
1.6.8.2.1 Data Breach Response and Notification: The contractor shall adhere to the reporting and response requirements for PII set forth in Memorandum, Office of the Secretary of Defense, Subject: Safeguarding Against and Responding to the Breach of Personally Identifiable Information (PII), June 5, 2009, ALARCT 050/2009, DoD 5400.11-R, and any amendments. The contractor or its subcontractor(s) shall immediately notify the KO, COR and ACOR upon discovery that a suspected or actual breach of PII has occurred. The notification shall include, to the greatest extent possible, the identification of each individual whose PII has been or possibly has been breached. In addition, the contractor or its subcontractor shall provide the KO, COR and ACOR with any other available information that must be included in required breach reporting and notifications. The contractor shall provide this information at the time of the initial notification to the Government or promptly thereafter as information becomes available. The Government will determine whether a breach of PII has occurred, and whether breach notification to affected individuals is required. If breach notification to affected individuals is required, the Government will determine if the contractor shall make the required notification. If the contractor is to notify the impacted population, it shall submit the notification letters to the KO, COR and ACOR for review and approval.
1.6.8.2.6 Health Insurance Portability and Accountability Act.
Furthermore, the contractor shall encrypt all contractor-owned laptops or other portable media storage devices that process or store PII and PHI IAW National Institute of Standards and Technology (NIST) (http://www.nist.gov/) Federal Information Processing Standards Publication (FIPS) publication (PUB) 201 w/ Change 1, dated March 2006. The contractor shall require FIPS 201, Change 1 encryption of any sensitive PII and PHI when transmitted electronically across the internet or other public networks. Failure to safeguard information - which may involve the contractor or the contractor’s personnel or to which they may have access - may subject the contractor and/or the contractor’s employees to criminal liability. Contractor shall follow provisions set in DoD Directive 5400.11-R when it suspects or encounters an actual data breach.
26. Is the referencing of paragraph 1.5.9 in concert with office mail distribution taskings per PWS Paragraphs 5.3.5 and
1.6.19.2.2 correct? Please clarify and provide the appropriate reference. Does the contractor tasking for office mail distribution include the handling of accountable mail?
(Reference PWS Paragraph 5.3.5, Page 95 of 134; PWS Paragraph 1.6.19.2.2, Page 75 of 134; and PWS 1.5.9, Page 65 of 134. PWS Paragraph 1.6.19.2.2 states “Designated contractor personnel tasked with distributing team mail shall attend installation mail handling training in order to distribute mail IAW PWS paragraph 1.5.9.” PWS paragraph 1.5.9 addresses the appointment of the contract COR along with the responsibilities and limitations of the COR. The referencing of PWS paragraph 1.5.9 does not appear to relate to distributing of mail as stated in PWS Paragraph 1.6.19.2.2.).
Answer: Designated contractor personnel tasked with distributing team mail (correspondence) within ACED shall attend the mail handling training identified in the PWS. PWS paragraph 1.6.19.2.2 is changed to read:
1.6.19.2.2 Mail Handler Training. Designated contractor personnel tasked with distributing team mail shall attend installation mail handing training in order to distribute mail IAW PWS paragraph 5.3.5. This is generally a one-time training requirement. The contractor shall be given details relating to this task during the phase-in period. Once the organization’s mailroom has processed all incoming mail, it, by definition, is no longer a piece of federal mail.
27. Please clarify the correlation between the numbers provided in PWS Paragraph 5.8 and the workload historical data provided in Technical Exhibit 3.
(Reference PWS Paragraph 5.8, Page 100 of 134, states “On average, the system receives 5,000 recoupment/refund requests to process per month, of which an average of 350 requests are flagged for additional research or approval.”
Technical Exhibit 3, Page 126 of 134 provided workload historical data for PWS Task 5.8 Tuition Recoupment/Refunds that states “Annual 3,500 recoupment reviews, 1,900 DA Form 1081s processed.”)
Answer: Please refer to question number 7’s answer.
28. Please clarify the difference between “Labor Category” and “Functional Labor Category” so that we may properly respond to the proposal requirement.
(Reference Solicitation Paragraph C. Proposal Preparation Instructions, Subparagraph 3. (b) Subfactor One – Staffing Plan, Page 43 of 134, provided a Table 1 – Staffing that must be filled out by the offeror.)
Answer: For the purposes of this solicitation, the government views labor category as a skills description, as opposed to a DoL wage rate classification. Please note Table 1 – Staffing has been amended. Labor category is the title of the position.
Table 1 – Staffing
Functional Area
Labor Category
Prime/Sub Productive Hours
29. Please clarify what the numbers under the column titles in the Direct Labor Table are requiring of the offeror so that a proper bid proposal response can be prepared. (Reference Solicitation Paragraph C. Proposal Preparation Instructions, Subparagraph 3. (d) Volume IV – Price and Pricing Data, Page 46 of 134, provided a Direct Labor Table – CLINs 0002, 1001, and 2001 that must be filled out by the offeror. It was noted that there were several columns in the Direct Labor Table that has included numbers under the column title, i.e. PWS (1), etc.)
Answer: The numbers have been removed from the Direct Labor Table. Subparagraph 3(d) Volume IV – Price and Pricing Data paragraph (2), Direct Labor Table is changed to read:
DIRECT LABOR TABLE– CLINs 0002, 1001, and 2001.
PWS
Task
Labor Category
Productive Hours
Equivalent
FTE
Burdened Wage Rate
30. Evaluation Criteria – Why is a lack of a past performance volume rated “Neutral” and a Neutral rating for Past
Performance is considered “acceptable”.
Answer: Per FAR 15.305(2)(iv), “an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.” As per Department of Defense source selection guidance, under an LPTA acquisition, “offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.”
31. On page 42 the Solicitation states “Offerors shall assume the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the offerors proposal”. With the government rating NO available past performance from the prime contractor as “Neutral” or “acceptable” how can the evaluators have confidence in the proposer.
Answer: Per FAR 15.305(2)(iv), “an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.” As per Department of Defense source selection guidance, under an LPTA acquisition, “offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable”.”
32. On page 42 the Solicitation states; “The offeror shall address as specifically as possible the actual methodology you would use for accomplishing the PWS.” Does the government have sufficient competency to evaluate the methodology identified by the proposer is actually what is required to perform solicitation tasks. Please identify where this judgmental expertise is coming from.
Answer: Yes, the evaluation will be performed by members of the requiring activity.
33. On page 43, Staffing Plan it states; “The description shall include providing a sufficient number of trained personnel with the applicable qualifications to perform duties and services specified herein. Minimum certifications and qualifications are detailed in the PWS.” Is this standard Solicitation language as for the exception of the PM and APM this Solicitation provides very little informational requirements as to what type of training, or qualifications the contractor staff requires and no information on certifications the contractor staff requires.
Answer: Only qualifications for key personnel and lead staffing will be evaluated; no further certifications / qualifications will be evaluated. See revised Subfactor One – Staffing Plan, included in Question number 4 above.
34. On page 44 it states “The Management Plan shall describe the contract function management for each functional area within the PWS, as well as promote stability and retention in the workforce…..” Will the government accept the fact that the stability and retention plan proposed may not compensate incumbents at their current rate and after initial incumbent turnover stability will be reinstated.”
Answer: It is the contractor’s responsibility to propose their management plan in accordance with the evaluation criteria.
35. Please recommended LCAT by Functional Areas found in Section 5.
Answer: Please refer to question number 4’s answer.
36. On page 63 section 1.5.3 it states; “The contractor shall provide trained employees who are able to work independently ……Employees shall have working knowledge of DoD and other educational programs and services, government acronyms and military procedures. They shall have capability to research records and communicate findings both orally and in writing….” Please identify the minimum SCA LCAT that is acceptable for contract employees by Functional Area.
Answer: It is the responsibility of the contractor to determine the appropriate SCA wage rate based on the requirements of the PWS.
37. How will the government evaluate if the contractor proposed LCATS are acceptable. Will the Government take the side of the contractor should a DOL review determine LCATS are not acceptable.
Answer: No. It is the responsibility of the contractor to determine the appropriate SCA wage rate based on the requirements of the PWS. The government will not evaluate the selected wage rates. Please see amended evaluation criteria.
38. Will the government reimburse the contractor if the DOL decides that contractor employees are undercompensated because of improper SCA LCATS?
Answer: No. The government review of the labor categories is to determine technical acceptability. It is the contractor’s responsibility to ensure that rates of pay are in compliance with the DOL minimums.
39. On page 60 in the Introduction 1.1.1 it states the contractor shall “research and review required regulations, records and laws; develop recommendations on the deposition for Government approval, prepare responses for signature;
release disposition to required Government agencies or clamant.” Has the DOL reviewed task and assigned minimum LCATS to the current ACES contractor staff. Would the government publish the recommended SCA LCATS to be used for the staffing plan?
Answer: There are no specific conformed wage rates for this requirement.
40. In that the current contract exceeds 5 years in duration and it is a follow on contract to a predecessor, is it safe to assume contractor tenue is 5 – 7 years. Given the SCA nature of this contract the Government should provide these measurements so non incumbents may effectively plan staffing and be in line with SCA regulations.
Answer: This contract has a period of performance of approximately three years (base plus two option years), with the potential for an additional six months if FAR 52.217-8 Option to Extend Services is exercised.
41. Given the requirement for a NACI background check and the expectation that all incumbent personnel and their management team are not likely to transition to a new awardee will the metrics be lowered during the first 90 days of the contract in proportion to contract vacancies resulting from clearance lags. If not why not as the lag may be directly attributable to DoD CAF and OPM and not the contractor.
Answer: The metrics will start on the full performance date of the base period – CLIN 0002, following the one month phase-in.
42. On page 93 section 5.1.7 “Ensure that the contractor staff is using the updated program SOPs, Site Manuals and/or
….” Is the contractor responsible for updating and maintaining the SOPs and Site Manuals or is that the responsibility of the Government.
Answer: The contractor is responsible for developing and maintaining its own internal SOPs. The contractor shall make recommendations for revisions to program specific SOPs, site manuals and/or regulatory guidance in performance of assigned tasks. The government will maintain the program records.
43. Proposal Submittal and Inquiries section. How much additional time do we need to plan for internal mail delivery at
Fort Knox in order for proposal to be received on time?
Answer: When a proposal is received internally, it is date and time stamped immediately.
44. Proposal Submittal and Inquiries section. Is the proposal considered received on time once it is received at Fort
Knox, even if it has not been received in building 1109 room 373 yet?
Answer: No, the proposal shall be received at the location listed in the solicitation by the date and time identified in the solicitation in order to be considered timely.
45. Proposal Preparation Instructions (c). CD-ROM files names - should these each contain the Volume in addition to
"Company Name - Initial"?
Answer: Yes, C. Proposal Preparation Instructions 2. Proposal Format, (c) is changed to read:
The proposals shall be organized into four volumes. Each volume of the proposal should be separately bound in a three-ring loose leaf binder which shall permit the volume to lie flat when open. A cover sheet should be bound in each book, clearly marked as to volume number, title, copy number, solicitation identification and the offeror's name. The same identifying data should be placed on the spine of each binder. All text shall be single spaced and printed black on white paper (black and white requirement does not apply to graphics, photos, etc., company stationary and logos are acceptable). Printing shall be easily readable. Proposal font type shall be limited to Times New Roman, Courier or Arial and font size shall be a minimum of 10. Cross-references should be utilized to preclude unnecessary duplication of data between sections. In addition to submitting hard copies of the proposals, digital copies shall be provided on CD-ROM disk in Microsoft Word, PowerPoint and/or Excel as outlined in Table
2. The file name for the initial proposal submission shall be “Company Name – Initial”, and shall be marked as to volume number, title and solicitation number. The file name of later submissions (if necessary), shall be “Company Name – Revision X’ with X indicating the number of the revision, with the same information as previously required.
46. Volume I. Is the Bid Schedule pages 4 - 7 with item numbers and net amount tables?
Answer: Yes, this is the bid schedule, also known as Section B.
47. Volume I. Where is Section B? There is no Section B other than references to Section B on page 40 and then again on page 42.
Answer: Section B is all of the CLINS: 0001 – 2002.
48. Past Performance Questionnaire. May past performance points of contact email the questionnaires to the KO as stated on page 56 of the cover letter "faxed/emailed"?
Answer: Yes, Sample Questionnaire Cover Letter has been revised and is replaced in its entirety.
49. Direct Labor Table. What are paid hours?
Answer: Paid hours are the total number of hours the employee will be paid for, productive, holiday, leave, etc. But see revised Direct Labor Table, included in question number 29 above; paid hours are not required for the proposal submission.
50. Direct Labor Table. How are paid hours different from productive hours?
Answer: Productive hours are the actual number of hours the employee is expected to work, normally does not include holidays, vacations, etc.
51. Volume IV. Do pages 4 - 7 with item numbers and net amount tables go both in Volume 1 and Volume IV?
Answer: It can go in both places.
52. Government furnished items. Is the Government providing computers/laptops/work stations?
Answer: Yes. The Government will provide computers/laptops/work stations.
53. Contractor furnished items. If the Contractor is providing computers/laptops/work stations, what is the process to connect them to the Army network?
Answer: Please refer to question number 52’s answer.
54. PWS Section 1.2.1 - Compile historical data - Will the contractor be required to compile data from before the contract start date?
Answer: No.
55. Clause 52.222-42 - This clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the…- Does this list of wage categories represent the current work classifications?
Answer: This clause is for informational purposes only and does not represent wage rates as required by the DoL.
The clause represents “wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.”
56. Clause 52.222-45 - Computer Operator - Based on the requirements in the PWS Section (1.5.4), contractor must have database knowledge. Is there any other area that will require this level of computer operator knowledge?
Answer: See response to question number 55 above, and revised FAR Clause 52.222-42 for information only.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION.
Employee Class Monetary Wage -- Fringe Benefits
Administrative Assistant $21.24 -- 36.25% Accounting Technician $21.24 -- 36.25% Accounting Technician $19.18 -- 36.25% Accounting Clerk $17.26 -- 36.25% General Clerk $15.49 -- 36.25% Secretary $19.18 -- 36.25% Personnel Assistant $15.49 -- 36.25% Personnel Assistant $19.18 -- 36.25% Personnel Assistant $21.24 -- 36.25%
(End of clause)
57. Clause 52.222-45 - Computer Programmer - Based on the requirements in the PWS, the computer programmer requirements are not listed as described by DOL. Is this labor category appropriate for the work scope in the PWS?
Answer: Please refer to question 56’s answer.
58. Contractor - When answering the telephone - identify themselves as a contractor - Is the terminology "contractor" refer to prime contractor or may they state the company, i.e. subcontractor, they are employed by?
Answer: All that is required is for the employee to state they are a contractor. They can also state their company name; however, this is internal to the contractor. They do not have to state whether they are a prime or sub-contractor.
59. b.1. - Acceptance of the terms and conditions of the RFP - Will this include the Q/A document?
Answer: Yes, the questions and answers will be made a part of the solicitation.
60. a.2. - Unreasonably high/unrealistically low, unbalanced, inaccurate - May be grounds for eliminating a proposal from competition - Will the "unreasonably low" be determined by comparting the work outlined in the PWS with the DOL SCA labor categories? If one category is unreasonably low will that eliminate the company from the competition?
Answer: The government anticipates receiving adequate price competition for this requirement; therefore, cost realism analysis will not be conducted. The government will evaluate proposed prices for reasonableness using price analysis techniques. See amended basis for award and evaluation criteria below:
B. Basis for Award and Evaluation Criteria
EVALUATION FACTORS FOR AWARD
a. Basis for Contract Award
(1) This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.3, Source Selection, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Army Federal Acquisition Regulation Supplement (AFARS). Award will be made to a single offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose proposal conforms to the solicitation requirements, and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Priced Technically Acceptable offer, per the Assigned Ratings paragraphs (a). A proposal must be rated acceptable in all both technical and past performance factors to be considered technically acceptable.
(2) Trade-offs between cost/price and non-cost/price factors are not permitted. Unreasonably high, unbalanced, inaccurate or incomplete price proposals, may be the grounds for eliminating a proposal from competition.
The Government will evaluate proposed prices for reasonableness using price analysis techniques. Proposed prices evaluated as unreasonable may be grounds for eliminating a proposal from competition.
61. PWS Section 1.1.1 - Modifications to the contract for significant increase or decrease in workload - Are there any significant workload changes expected?
Answer: No. Assuming the US Army operational requirements do not change (i.e.: conflict, homeland defense, etc.).
62. PWS Section 1.1 - This is a non-personal services contract - TAGD and its subordinate agencies - Can you specify who the subordinate agencies are and the detail of support the contract will require with each agency?
Answer: All work is performed in support of the Army Continuing Education Division (ACED), The Adjutant General Directorate (TAGD), U.S. Army Human Resources Command (HRC). Additionally, contractor personnel shall coordinate with external government agencies, as identified in PWS part 5, in the performance of their tasks.
63. PWS Section 1.1 - Research and review required regulations, records, law - Please specify how far back the contractor is expected to conduct research, to what era. Please provide detail as to how research is conducted and what tools are used by the contractors to conduct said research. Typically how long does it take a contractor to complete his/her research? We recommend this duty be defined and incorporated into the PWS. Additionally, require how bidders be required to demonstrate their understanding of the requirement and how they will perform the work.
Answer: PWS paragraph 1.1 is intended to provide the contractor with an overview of the program. Please refer to PWS Part 5 for specific work tasks related to this requirement.
64. PWS Section 1.2.3 - The contractor shall provide support and service for agencies under TAGD, ACED and other organizational elements - Please specify the other agencies and the type of interaction the contractor is expected to have with each agency.
Answer: Please refer to question numbers 62 and 63’s answer.
65. PWS Section 1.4.1 - Quality Control - All travel associated in the performance of the contractors quality control plan shall be included as part of the FFP - Can you provide a list of locations where travel will/may be necessary?
Answer: The government does not require any contractor travel in support of this requirement. If the contractor deems it necessary to send an employee (i.e.: external auditor, manager, etc.) to Fort Knox, KY in support of its quality control plan, it shall be at the contractor’s expense. This is contractor determined.
66. PWS Section 1.4.1.1.4 - The metrics shall be reported as a quantitative value - is there a minimum of QAQC % required or does the contractor determine the metric? If yes, please specify the requirement in the PWS and PRS.
Answer: Please refer to TE 1, Performance Requirement Summary (PRS) of the Solicitation’s PWS (pg. 112), the AQL column.
67. PWS Section 1.4.4 - The contractor shall reply in writing NLT ten workdays from the date of the CDR - What will be considered the start date of the contract? This will be helpful in defining day one of the contract and the date of
CDR.
Answer: A Contract Discrepancy Report (CDR) is not linked to the start date of the contract.
68. PWS Section 1.4.4 - The contractor shall reply in writing NLT ten workdays from the date of the - Is there a statute of limitations as to when the incident occurs to when the government may issue the CDR?
Answer: The statute of limitations as to when the incident occurs to when the government may issue the CDR is KO driven and infraction dependent. The government will make every effort to resolve issues before a CDR is required.
69. PWS Section 1.5.4 - Shall have knowledge of MS Office database management software - What is the extent of MS
Office database knowledge required? Will database development knowledge be required?
Answer: No, database development knowledge is not required. The contractor personnel shall have “user based” knowledge of data entry, updating and extracting information from database systems (i.e.: MS Access). The contractor personnel shall have “user based” knowledge of data entry, updating and extracting information from database systems.
70. PWS Section 1.5.7.1 - PM shall approve invoices being submitted to the government - In comparison to the previous solicitation this appears to be a new requirement. Why is this being added and how does this impact operations and performance?
Answer: The PM will not be required to review invoices; however, the contractor shall have an internal quality control review process to check for accuracy, and incorporate requirement as part of the contractor’s quality control program – reference PWS paragraph 1.4.1. See revised PWS paragraph 1.5.7.1, included in question number 2 above.
71. PWS Section 1.5.7.2 - APM shall possess experience managing large scale government projects - Does the same apply to the PM? 1.5.71 does not state experience is required can this be added to the PWS?
Answer: Yes, please see revised PWS paragraph 1.5.7.1, included in question number 2 above.
72. PWS Section 1.5.7.2.3 - Name and qualifications of APM shall be provided to KO and COR via email NLT 5 days before end of phase in. If the APM resume is required at the time of submitting the bid is this necessary?
Answer: Name and qualifications of the APM are required per PWS paragraph 1.5.7.2.3.
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