AMENDMENT_0005_QUESTIONS_AND_ANSWERS_-_W9124L-18-R-0002.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY MISSION AND INSTALLATION CONTRACTING COMMAND

MICC-FORT SILL

1803 MACOMB ROAD

FORT SILL, OK 73503-4433

Mission and Installation Contracting Command April 12, 2018

1. In the Amendment 3 & 4 Questions and Answers responses, question and answer number 3, the contracting office states Additional Past Performance Questionnaires will be accepted through April 10, 2018.

QUESTION: Due to the short notice of the new deadline for questionnaires, will the contracting office consider allowing submissions until the date of April 16th, 2018 4:00 p.m. CST to align the proposal due date and allow government Points of Contact enough time to submit their questionnaire responses?

ANSWER: Yes; however, Past Performance Questionnaires will be due earlier than the solicitation closing date. See Amendment 0005.

2. The current travel CLIN is a plug number. For surge instructors, who can only reasonably expect employment of only 4-8 weeks, we will have to bring JTAC and 13F10 instructors from around the country to fill this requirement.

QUESTION: Does the current travel CLIN include travel for surge instructors to Ft Sill.

ANSWER: No. The purpose of the Travel CLIN is to support travel for Mobile Training Teams (MTTs) in accordance with the Federal Acquisition Regulation (FAR) and the Joint Travel Regulation (JTR). Performance periods for SURGE requirements have historically been six months minimum.

3. For surge instructors (both 13F10 and JTAC), who can only reasonably expect employment of only 4-8 weeks at a time, we will have to bring JTAC and 13F10 instructors from around the country to fill this requirement.

QUESTION: Is there going to be a CLIN for lodging costs of those surge instructors?

ANSWER: See Question 2 answer.

4. The RFP requires the Proposal to be submitted in one PDF, however the pricing volume specifies that the spreadsheet will not be in PDF.

QUESTION: We assume you want one PDF for the four volumes and a spreadsheet. Please Confirm.

ANSWER: That is correct.

5. QUESTION: Reference Amendment 0004 Q&A #10 and #12, are the instructors teaching the POI#3 AIT required to be fully qualified in all the PWS 2.2.1 and 2.2.2, or sole qualified in PWS 2.2.2 elements?

ANSWER: Paragraph 2.2.1 (Instructor Qualifications for PTAC Contract Instructors).

6. Per your answer to Question 1 and 2 of the Amendment 004, please clarify the following:

QUESTION 6A: Does the Government view this contract as a federal services contract?

ANSWER: Yes.

QUESTION 6B: Is it correct, if it is deemed a federal services contact, this applies no matter whether the contract employees are exempt or non-exempt?

ANSWER: Assuming that this question refers to E.O. 13495, exempt personnel are not subject to the Right of First Refusal. This is for contract employees under the Service Contract Act.

QUESTION 6C: Is it correct to assume, whether a bidder proposes the employees as exempt or non-exempt, we must provide first right of refusal to the incumbent personnel?

ANSWER: No. See answer to 6B.

QUESTION 6D: If yes, then we request the deletion of the requirement for the Section L and M requirement for a “list of candidates and their availability” and replace this requirement with a “recruiting and retention plan” requirement. The incumbent will have a significant competitive advantage with this Section L and M requirement if the “list” is not deleted. We fully understand the market demand/supply for JTAC/FAC(A) individuals and know this is a high demand market with limited qualified personnel; especially since we are currently providing this types of qualified individuals to our customers.

ANSWER: Not applicable. See Answer to 6B. Please see Amendment 0005 for changes.

QUESTION 6E: Is the “penalty clause” incorporated the current contract?

ANSWER: There is no “penalty clause” in the FAR/DFARS. Referring to FAR Clause 52.211-11 Liquidated Damages, no, the clause is not in the current contract.

QUESTION 6F: We request a 10 day extension to the due date to allow for complete and timely response by the Government to these questions.

ANSWER: Please see Amendment 0005.

7. Amendment 0004 page 27 of 38 under performance Standards table says “All Instructors certified to teach NLT 90 days from start of contract phase in period.”. On page 32 of 38 in the written description of Performance Standards it says “PERFORMANCE STANDARD (Standard): All Instructors certified to teach NLT 120 days from start of contract phase in period.

Contractor manages required positions maintaining qualifications, and certifications as described in the PWS.”

QUESTION: Please clarify the number of days that is correct for phase in, 90 or 120 days.

ANSWER: 90 days; please see Amendment 0005 to this solicitation.

8. In PO1 and PO2, Remedy for a defect is listed as ““Deduction in contract for services not received due to uncertified contractor personnel (number of uncertified personnel multiplied by course costs per CME on contract multiplied by number of days for uncertified CMEs)”.

QUESTION: Is “services not received” in this remedy defined as JFOC instruction not conducted? Or is it defined as solely the absence of a certified instructor whether or not student instruction was impacted (i.e. no JFOC training was scheduled on a day that the contractor only had 26/27 certified instructors?

ANSWER: The Contractor is required to provide 27 qualified and certified instructors at start of full performance (at the end of the Phase-In period) for the duration of the contract. Even if there are no classes being conducted, the contractor still has to provide 27 CMEs. As per the PWS, contract instructors do more than just instruct in the course--they also prepare material for upcoming classes, update simulations, ship equipment for MTTs, and other support functions.

9. In the PO1 written description of “Failure to Perform” on page 32 of 38 in Amendment 0004, the solicitation says “A defect is defined as Contractor staff that does not perform or provide the required technical qualification and certifications required for training.”

QUESTION: Can the government clarify this defect definition? “Does not perform” is incredibly broad. How does this specifically relate to “recruiting qualified staff”? This defect definition does not seem to apply to this performance objective as written.

ANSWER: The Prime Contractor is required and responsible to successfully provide 27 qualified and certified PTAC instructors within the 90 day phase in period, and begin full performance with these instructors. If the Prime Contractor does not provide ALL 27 qualified and certified PTAC instructors by the completion of the Phase-in period, then the Prime contractor did not meet performance standard under PO1, and the remedy will be assessed.

10. QUESTION: Since contractors have a responsibility to provide qualified instructors (PO1&PO2), but certifying an instructor is a shared contractor/government responsibility beyond the contractor’s control, is the intent to hold the contractor responsible for recruiting (PO1) and retaining (PO2) Qualified instructors, or does the government expect to penalize the contractor for not providing Certified instructors? Recommend that PO1 and PO2 only address the responsibility to provide Qualified instructors, since PO3 specifically addresses certification requirements.

ANSWER: PO1 - the contractor is required to recruit and hire 27 qualified PTAC instructors during the 90 day phase in period.

PO2 – The requirement is for the Prime contractor to provide ALL 27 qualified and certified PTAC instructors for performance for the entire period of performance (base and option years). Example, 4 of the 27 PTAC instructors leave the contract and the Prime contractor did/does not backfill the positions immediately with qualified PTAC instructor, (only 23 PTAC instructors are being provided) therefore, there will be a gap of for 4 of the instructors. The contract requirement is for 27 PTACs for the entire period of performance.

PO3 - The requirement is for the qualified PTAC Instructors to obtain certification within the 90 day phase-in (initial) and to maintain certification for the entire period of performance. The PTAC instructors have to pass quarterly evaluations required by both TRADOC and the Joint Staff.

11. QUESTION: Does the Government want actual salaries included in the compensation plan in Volume II: Technical Capability?

ANSWER: Yes, per page 77, 1.B) ELEMENT B: COMPENSATION PLAN (a) on the conformed copy of Amendment 0004 “Offerors shall submit a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the resulting contract.”

LISA G. SLAGLE

Contracting Officer