Questions and Answers for NTV with Driver BPA.pdf

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Combined Synopsis-Solicitation and Q&A for Non-Tactical Vehicles (NTV) with Driver Services
Solicitation number
W912CL-24-Q-0004
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About this file

This document is a set of Questions and Answers related to a Blanket Purchase Agreement (BPA) for Non-Tactical Vehicle (NTV) with Driver Services to be provided to the U.S. Government in several South American countries.

The key details are: The BPA is for a 5-year period with a $1,000,000 total value limit and individual call orders limited to $200,000. The services include providing vehicles (primarily full-size passenger SUVs and 12-passenger vans) with drivers to the government. The contractor is responsible for all vetting, authorizations, inspections, and training of personnel. Fuel price adjustments will be evaluated annually, and insurance requirements including Defense Base Act coverage are detailed. Performance standards and audit procedures are outlined, along with the process for requesting changes or additional services. Payment terms will depend on the specific order, utilizing FAR clauses for electronic funds transfer and third-party payments.

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1. Could you clarify the expected lead time (in days or in hours) between placing an order and the required service delivery?

- This is an agreement, and the time between the Tear 1 and execution may vary. The

BPA holders will receive an email to quote the specific work each time an order projected to be placed. We can anticipate BPA holders may have a week or more notice before execution.

2. Which vehicle type is expected to be used most frequently?

- Full size Passenger SUV and 12 Passenger VAN

3. Can any information be shared regarding the expected frequency of inter-city and multi-city requests in each type of vehicle?

- No

4. Can any information be shared regarding the potential destination cities for intercity and multi-city requests?

- No

5. If specifics cannot be disclosed at this time, should we have any expectation that drivers will need advanced off-roading expertise to commute to your intended destinations? To clarify, this is specifically referring to skills beyond that of an average licensed commercial driver.

- No

6. In consideration of the stated requirements, including US Embassy background checks and vehicle inspections, is there the possibility for service to begin later than the tentatively set start date of May 30, 2024?

- No service will take place on May 30, 2024. This agreement will start on May 30, 2023, but service will only take place until an order or BPA Call signed by the Contracting Officer is sent to vendor.

7. If a start date later than May 30, 2024 is not feasible, will support with US Embassy expedited processing be available to ensure all US government requirements are appropriately met as quickly as possible?

-No. The expectation is for the BPA holders to start working on their vetting process once they are notified of the agreement.

8. Will the Contractor be responsible for any costs/fees from the US government associated with any activity, including but not limited to vetting, authorizations, inspections, onboarding, or training, that is required to be performed by the US government for any employees and/or vehicles?

This is an agreement, it is the BPA holder responsibility to comply with vetting, authorizations, inspections, onboarding, or training of the vendor’s employees and subcontractor employees as detail in each BPA call and the PWS.

The U.S. government is responsible only to the extent requested in each BPA Call or order.

9. Is there an established index for tracking fuel price changes?

- Per this agreement the price list will be evaluated once a year. The BPA holders will be requested to provide prices each time an order or BPA call is required. The BPA holders are encouraged to take into consideration fuel price changes before submitting quotes for each order. The orders will be competed amongst BPA holders.

(Please refer to instructions to offerors Tear 1)

10. Is there a predefined escalation or de-escalation clause in the contract, to adjust the price paid to the Contractor based on changes in economic conditions, specifically fuel prices in this case?

- Per this agreement the price list will be evaluated once a year. The BPA holders will be requested to provide prices each time an order or BPA call is required. The BPA holders are encouraged to take into consideration fuel price changes before

11. Can you provide your formula, allowing for both upward and downward adjustments, based on the percentage change in the fuel price index from the baseline?

- Per this agreement the price list will be evaluated once a year. The BPA holders will be requested to provide prices each time an order or BPA call is required. The BPA holders are encouraged to take into consideration fuel price changes before

12. To ensure full compliance, is there any explicit or implied inclusion of FAR 52.219-14?

If so, can you please clarify requirements and expectations.

- 52.219-14 Limitations on Subcontracting does not apply to this solicitation. This is an unrestricted Agreement to be performed Outside of the Continental US.

13. Would it be acceptable to maintain standard commercial and DBA insurance policies that cover all operations continuously for the full contract duration, rather than segmenting coverage per individual orders/rides? SME feedback indicates that acquisition of a custom policy to accommodate this scenario may be overly burdensome from a time, cost, and logistical perspective for all parties.

- That is the BPA Holder’s discretion. However this is an agreement, we would not reimburse any DBA cost unless a BPA Call is awarded. The DBA insurance is only needed at the time of the BPA Call.

14. How many US government employees would require coverage under the DBA insurance?

- Zero. No US Government employees require coverage under the DBA. Remember DBA is for foreign employees only in countries that do not have waiver approve by the department of Labor. For additional information on the Longshore and Harbor Workers’ Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm

15. Is there a minimum amount of coverage required for the DBA Insurance?

- The minimum amount of coverage is determined by the approved insurance companies, usually it varies depending on the amount of employees, location and period of performance. For additional information on the Longshore and Harbor Workers’ Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm

16. Is there a minimum amount of coverage required for any other type of insurance?

- It is up to the vendor to have any other insurance, the only insurance that we required is the DBA according with the FAR Clause 52.228-3.

17. Is a DBA insurance waiver possible? If not in full, can it be waived for non-US employees of the prime or any sub in the foreign country?

- They are some countries that may have DBA waivers. In the Americas, the Dominican Republic and Brazil are the only two countries that have current active waiver according with https://www.dol.gov/agencies/owcp/dlhwc/dbawaivers/dbawaivers

18. If a waiver is not permitted, does the US government require that any subcontractor have its own independent DBA insurance policy?

-The primary Contractor is responsible that every employee is cover by a DBA during the whole period of performance of the BPA Call. Please refer to FAR Clause 52.228-3

19. Are the insurance policies for property damage and bodily injury, which our company has, acceptable in lieu of DBA insurance?

-No, please refer to 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

20. Does the government provide any assistance with securing all appropriate insurances, or must the Contractor handle it independently?

- The actual insurance premium amount paid by the contractor will be reimburse as long you provide a prove of payment from an approved Department of Labor (DoL) insurance carrier.

21. Are there specific performance metrics or service level agreements (SLAs) established by the US government that we need to meet?

- BPA holders shall comply with the standards set forth in the PWS for this agreement.

22. How frequently do compliance audits occur, and what do they entail?

- Audits or inspections may occur at the beginning of each call. The inspections may include visual confirmation, questions, verification of documentation, amongst others.

23. How should we handle requests for changes in scope or additional services from the US government not outlined in the initial PWS? Is there a formal change request process and if so, can you provide more details?

Changes or modifications to this agreement will be completed as prescribed in the Federal Acquisition Regulation. See Attachment 2- provisions and clauses for the following authorities for changes:

52.212-4 Contract Terms and Conditions-Commercial Items. Oct-18

(c) Changes. Changes in the terms and conditions of this (contract) BPA may be made only by written agreement of the parties.

52.217-8 Option to Extend Services

24. To confirm, are there any limitations or exceptions for applicability of FAR 52.232-40, titled "Providing Accelerated Payments to Small Business Subcontractors”? Can payment be expected on every fulfilled BPA order within 15 days of receiving the invoice or confirmation of the government's receipt of goods or services?

- This will depend on the BPA Call/order. Please see instructions to offerors and the FAR the following clauses :

- 52.232-33 Payment by Electronic Funds Transfer-System for Award

- Management. Oct-18

- 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award

- Management. Jul-13

- 52.232-36 Payment by Third Party May-14

25. In any cases when FAR 52.232-40 may not be applicable, are standard NET30 terms then in effect?

- This will depend on the BPA Call/order. Please see instructions to offerors and the FAR the following clauses:

- 52.232-33 Payment by Electronic Funds Transfer-System for Award

- Management. Oct-18

- 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award

- Management. Jul-13

- 52.232-36 Payment by Third Party May-14

26. We are fully committed to reliable, high-quality service delivery, even in challenging times. The following questions are all security related for risk management and planning, in the event of significant escalation or immediate safety threat, given recent tensions in the region:

a. Will there be any security support provided directly by the U.S.

Government to local employees during the performance of work?

b. What specific security measures does the US government expect the contractor to implement for the safety of drivers and vehicles?

c. Has a recent risk assessment been conducted, and can the results be shared to better understand the current security landscape?

d. Beyond OPSEC and general privacy / security training, are there security training programs or escalation procedures for drivers that the US government can recommend or deliver?

e. Who are the primary points of contact for security issues, and what is the communication plan during a crisis?

f. In case of severe escalation or unrest, what are the evacuation plans for personnel, and does the contract outline specific responsibilities for the contractor in such scenarios?

g. How will changes in the security situation affect contractual obligations and service delivery?

h. How flexible are the contract terms regarding unexpected security situations? Are there provisions for pausing or adjusting services due to heightened security risks or environmental conditions beyond our control?

- This is an Agreement for commercial services. BPA holders shall provide NTV with driver services. Please refer to PWS and instructions to offerors. Unforeseen conditions will be deal with in the case-by-case scenario.

File details come from the government source that posted it. Updated .