MODIFICATION
K -- AMCOM LOGISTICS SUPPORT FACILITY MANAGEMENT ACTIVITY (LSFMA)
- Notice Date
- 3/15/2012
- Notice Type
- Modification/Amendment
- NAICS
- 336411
— Aircraft Manufacturing
- Contracting Office
- ACC-RSA - (Aviation), ATTN: AMSAM-AC, Building 5303, Martin Road, Redstone Arsenal, AL 35898-5280
- ZIP Code
- 35898-5280
- Solicitation Number
- W58RGZ11R0231
- Archive Date
- 3/15/2013
- Point of Contact
- LISA STARBUCK, 256-842-3009
- E-Mail Address
-
ACC-RSA - (Aviation)
(lisa.starbuck@us.army.mil)
- Small Business Set-Aside
- N/A
- Description
- The purpose of this Modification of previous notice to the draft RFP is to answer OCI questions previously submitted. Please note, some of these questions were submitted prior to the revised OCI clause dated February 09, 2012. 1)Question: Will the Government revise the language in the anticipated Organization Conflict of Interest clause in order to provide a boarder competitive environment for this solicitation? Answer: See the amended OCI clause posted 09 Feb 2012. 2)Question: Due to the broad range and unpredictable nature of services that may be required under this contract that could create OCIs for any contractor in the future, will the government revise the language in the anticipated Organization Conflict of Interest (OCI) clause to allow contractors to implement mitigation strategies at the task order and technical instruction level? Answer: See the amended OCI clause posted 09 Feb 2012. 3)Is it the Government's intent to OCI out any company that is on an AMCOM Express team, whether or not the company currently has work on AMCOM Express? Answer: See the amended OCI clause posted 09 Feb 2012. 4)What will be the Government process for determining/evaluating OCI potentials for a subcontractor on LSFMA that is a subcontractor on an Express team that is doing CAAS type work for one Army Program office, but the LSFMA work may be for a different Army Program office? Answer: See the amended OCI clause posted 09 Feb 2012. 5)May a contractor participate on a winning LSFMA proposal though it may have work in a project office that is not a direct customer? An example could be that a subcontractor to an LSFMA Prime supports the PM-Cargo project office, but the LSFMA Task Order is for PM Apache. Taking this further, if an LSFMA subcontractor supports PM-Common Missile Defense System, do they have an OCI as an LSFMA subcontractor? Answer: See the amended OCI clause posted 09 Feb 2012. 6)Has the Government considered that implementation of the OCI clause, as currently drafted, could have the impact of limiting the participation of numerous, capable Huntsville area businesses on the LSFMA contract, and thus limiting competition? (Implementation of the OCI clause could impact the current team compositions (Subcontractors) of some potential Prime bidders, with the exception of the incumbent, who, to the best of our knowledge, does no AMCOM Express work.) Answer: Yes. 7)Does the Government plan to make its decision on the final wording and/or implementation of the OCI clause, and advise Industry, prior to issuance of the formal LSFMA RFP? To delay a decision until the RFP is actually issued could have the impact of forcing some Prime bidders to quickly re-structure their subcontractor teams in a very limited amount of time, and potentially place them at a competitive disadvantage to the incumbent. Answer: See the amended OCI clause posted 09 Feb 2012. 8)We respectively believe many bidders may not agree the AMCOM Express Technical, Programmatic or Logistics domains are generally involved in supporting the LSFMA Requiring elements in providing services that include elements in FAR Part 9.505. The AMCOM Express vehicle and many other contract vehicles are broad in nature and may not result in an OCI for the work contemplated in the LSFMA contract. The government in most cases has included OCI language that addresses potential OCI issues on a task order-by-task order basis or allows offeror's an opportunity to present OCI mitigation strategies, rather than excluding a large pool of bidders from participating in major Solicitations. We respectfully request the removal of the planned OCI language which will exclude AMCOM Express contractors and subcontractors, numbering up to 1400 companies, as we deem this to be a violation (contrary) to The Competition in Contracting Act (CICA) of 1984, as implemented in the Federal Acquisition Regulation (FAR) Part 6, and Department of Defense FAR Supplement (DFARS) Part 206, which sets the standard of competition in Federal contracts. Answer: See the amended OCI clause posted 09 Feb 2012. 9)As the benefits of competition: drives cost savings, improves quality of products/services, enhances solutions and the industrial base, promotes fairness and openness leading to public trust and overall increases the likelihood of efficiencies and innovations, we believe excluding AMCOM Express contractors and subcontractors who should have the ability to address potential OCI issues as they may arise under this program, favors the incumbent and will not be deemed to be fair and reasonable, nor supportive of the requirements of FAR Part 6-Competion Requirements. We request excluding AMCOM Express contractors and subcontractors from the LSFMA Solicitation be deleted from the RFP, especially since such OCI issues are perceived and may not arise under the work contemplated by the RFP. Answer: See the amended OCI clause posted 09 Feb 2012. 10)COMPANY A currently provides support to PM AME, specifically APM ABC that involves CAAS. Is APM ABC a requiring agency for LSF? If so, will COMPANY A be excluded from competition? In the past, we have dealt with potential OCIs by putting an adequate mitigation plan in place. Please advise. Answer: APM ABC is not currently utilizing the LSF support contract. However, program offices are constantly added for the LSF program. The OCI clause posted 09 Feb 2012 applies both pre and post award. 11)Is the intent of the W58RGZ-11-R-0231 Draft OCI Amendment language (as published) to result in any or a combination of the following? i)Prohibit the participation of active AMCOM EXPRESS Prime Contractors, Team Members or Subcontractors on the LSFMA Solicitation? Answer: See the amended OCI Clause posted 09 Feb 2012 ii)Prohibit the performance of active AMCOM EXPRESS Prime Contractors, Team Members or Subcontractors currently providing CAAS (of any type) directly to PEOAVN PMOs and PEOM&S PMOs on the LSFMA Solicitation? Answer: See the amended OCI Clause posted 09 Feb 2012 iii)Prohibit the performance of active AMCOM EXPRESS Prime Contractors, Team Members or Subcontractors currently providing CAAS (technical expertise) to Government Engineering Organizations (e.g., AMRDEC) that serve PEOAVN PMOs and PEOM&S PMOs on the LSFMA Solicitation? Answer: See the amended OCI Clause posted 09 Feb 2012 iv)Prohibit the performance of active AMCOM EXPRESS Prime Contractors, Team Members or Subcontractors that have an identified OCI from participating at the Task Order (TO) Level; post-contract award? Where OCI is identified as past, present or planned interest (financial, contractual, organizational, or otherwise as contractor, subcontractor, or consultant) relating to the work to be performed under the LSFMA TO and bearing on whether the LSFMA TO Team has a possible OCI with respect to being able to render impartial, technically sound, and objective assistance or advice, result in a biased work product or may result in being given an unfair competitive advantage. Answer: See the amended OCI Clause posted 09 Feb 2012 12)I am assuming that if you are a contract provider of equipment for PEO AVN, then the OCI clause does not apply. For example, COMPANY A has one of its divisions supporting PEO AVN for a component of the Kiowa Warrior and has access to information needed to support that platform - Assume NO OCI?? Answer: If you have access to another company's proprietary data, you have a potential OCI. See the amended OCI clause posted 09 Feb 2012. 13)Does the OCI clause apply to the Primes only or to the Primes and all teammates and subs? Answer: See the amended OCI Clause posted 09 Feb 2012 14)How do you define the LSF Requiring elements that drive the OCI? Answer: Any PEO Aviation program or supporting engineering offices. 15)How do you define "other contract vehicles"? Answer: See the amended OCI clause posted 09 Feb 2012 16)Will each Prime and its subs be required to have an OCI mitigation Plan? Answer: See the amended OCI clause posted 09 Feb 2012 17)The clarification states that contractors providing CAAS under the AMCOM Express contract vehicle...are considered to have Organizational Conflicts of Interest. Is this meant to convey that having any contract under the AMCOM Express contract vehicle is considered to be an OCI? Or are there certain cases in which one can have a contract through AMCOM EXPRESS and it not be considered an OCI? As an example, providing technical support for training devices in a capacity that does not include the development of specifications or requirements that could later be competed under the LSFMA contract vehicle. Answer: See the amended OCI clause posted 09 Feb 2012 18)The OCI instructions read, "If you are a prime contractor on the AMCOM EXPRESS contract, you are considered to have an OCI with the LSFMA program that will require a mitigation plan that, at a minimum, divests you from working on the AMCOM EXPRESS contract for any current or future work supporting a particular program office once the program office commences effort generating an LSFMA requirement. If you are a subcontractor to a prime on the AMCOM EXPRESS contract, you are considered to have an OCI that has the potential for issues during the life of the LSFMA contract and a robust OCI mitigation plan is required." Are subcontractors also divested from working on the AM COM Express contract for any current or future work supporting a particular program office once the program office commences effort generating an LSFMA requirement? Answer: If unable to mitigate the OCI, and continuing to work in the program office, yes it is a distinct possibility. 19) How are we, a Contractor, supposed to know when a PM has commenced effort to generate an LSFMA requirement? Answer: Notification will be made when multiple-award contractors and team members receive information or are approached about a forthcoming requirement. It will be incumbent upon each successful offeror to notify the government of any OCI. 20)What is the operative action that triggers the "commencement of effort to generate a LSFMA requirement"? Answer: When the LSFMA accepts the work, receives a draft requirement, or any engineering oversight. 21)Will the contractors overarching mitigation plan be evaluated as part of the proposal evaluation process and, if so, what are the evaluation factors associated with the overarching mitigation plan? Answer: The OCI is not part of the source selection plan, but a mitigation plan is required. 22)The second paragraph of Section H-25, Introduction includes the following statement: "An overarching mitigation plan is required to be submitted with the contractors competitive proposal for Government review and ultimately into the contract." QUESTION: Will the contractors overarching mitigation plan be evaluated as part of the proposal evaluation process and, if so, what are the evaluation factors associated with the overarching mitigation plan? Answer: No. QUESTION: Will the overarching mitigation plan be submitted separately for approval before the final RFP is released so that contractors can ensure they are selectable before incurring the significant costs associated with developing a proposal? Answer: No. The clause is comprehensive. QUESTION: Given the complexity of this OCI issue, will the government consider conducting1-on-1 sessions with potential primes to discuss specific circumstances and concerns and then provide potential primes with an opinion as to the selectability of the potential prime? Answer: No. The clause is comprehensive. 23)The second paragraph of Section H-25, Introduction includes the following statement: ""Contractor", as used in this clause, means any person, firm or corporation which has a majority or controlling interest in the contractor or in any parent corporation thereof, any person, firm, or corporation in or as to which the contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest." BACKGROUND: Company A is an LLC co-owned by Company B and Company C. Company B & C each own 50% of Company A and have equal representation on the Board of Managers such that neither company has majority or controlling interest. Company A is an AMCOM EXPRESS prime and was also a prime on the predecessor contract, AMCOM Omnibus 2000 (O2K). Company A is managed by a President and administrative support staff that are all employees of the LLC (not Company B or C employees) and that do not provide direct support to any AMCOM EXPRESS task order. All work received through the EXPRESS prime contract is awarded to B & C, as subcontractors. QUESTION: Does the government concur that Company B & C are subcontractors on AMCOM EXPRESS and not a prime contractors per the terms of the language in the LSFMA OCI Clause cited above? Answer: No. 24) Section H-25, paragraph d., Task Order Level OCI indicates that LSFMA contractors may have "access to source selection or other acquisition information," may asked to draft "statements of work, specifications, cost estimates, or evaluation criteria of future procurement," or may be required to "assess and evaluate systems, subsystems, components, software, equipment, services, and other products developed/provided by Government contractors." These functions fall into the category of CAAS and are not consistent with the LSFMA PWS. QUESTION: Will the government remove these requirements from the OCI clause as the LSFMA PWS does not address performance of CAAS services? Answer: No. 25)Section H-25, paragraph (e) (4) Protection of Information, the Government states the contractor shall "indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of any third-party proprietary information by its employees, the employees of subcontractors, or by its agents." QUESTION: In the text above are the "employees" and "agents" those of the contractor? Answer: Yes.
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