B--"Evaluation of Perennial Category C APH Crop Insurance Program"

The purpose of Amendment 2 to Solicitation No. 14350405RP43251 is as follows: 1. To insert the Section H clause entitled "ORGANIZATIONAL CONFLICT OF INTEREST" ORGANIZATIONAL CONFLICT OF INTEREST (a) It is the policy of the Department of the Interior to avoid contract awards which could create potential conflict of interest. Such a situation could occur in this instance when the Contractor or any Subcontractors have business, financial, real property, farming, mineral rights, or other interests, as well as professional activities that create conflicting roles which could potentially bias a Contractor's judgment or result in unfair competitive advantage to the Contractor and thus impede the Government's objective of obtaining impartial, technically sound, and objective performance of the contract. (b) Any request for waiver from the terms of this contract provision shall be directed in writing to the Contracting Officer and shall include a full description and justification of the required waiver. (c) The Contractor, or any of his officers or representatives, shall not involve himself in any situation during performance of this contract which may result in conflicts as contemplated in Paragraph (a) above. Failure to comply with this provision may be cause for termination of this contract for default. (d) The Contractor must disclose any interest which may develop after contract award which may result in his placement in a conflicting role with his performance of this agreement. Failure to comply with this provision may be cause for termination of this contract for default. (e) The Contractor shall include this clause, including this paragraph in all subcontracts and consultant agreements; however, subcontractors and consultants shall be directed to send any requests for waiver to the Contractor who shall then inform the Contracting Officer as described in (a) above. 2. To insert the following Section I clauses: FAR 52.203-6 "RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT" FAR 52.237-10 "IDENTIFICATION OF UNCOMPENSATED OVERTIME" DIAPR 1452.204-70 (JUL 1996) "RELEASE OF CLAIMS" 3. To insert the Provisions L clause entitled "CONFLICT OF INTEREST RESTRICTION" CONFLICT OF INTEREST RESTRICTION In order to avoid an organizational conflict of interest, or the appearance of a conflict of interest, anyone who is presently involved with loss adjustment or sales of the FCIC crop insurance programs related to this contract, or receives any funding from insurance providers who currently conduct crop loss adjustment and sales of this program, shall not be eligible to participate in the activities of this contract as a prime contractor or subcontractor. 4. To revise Provisions L.6 entitled "INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND COST OR PRICING PROPOSALS." The General Instructions state that the Offeror shall submit a copy of their DCAA audited rates. Offerors shall provide these rates, if available. 5. To revise Provision M.2 entitled "EVALUATION FACTORS FOR AWARD." Part 2 of the provision describes past performance. The following sentence is hereby added: The Government reserves the right to use past performance information from sources other than those provided. 6. Due to this amendment, the due date for the receipt of questions regarding this procurement has been extended until 4:00 PM on Wednesday, July 13, 2005. 7. Questions and Answers The following concerns were posed in regards to this solicitation. Please note that the verbiage of the concerns may have been revised, but have not lost their significance. 1. Q- Page 10, C.2 lists ALL Category C APH crops insured through FCIC; however, Page 11, C.3 (C.1.4) specifies crops to be targeted. Is it correct to assume that only the following crops must be evaluated under this project: [apples, peaches, grapes, CA citrus, almonds, and blueberries] and all other crops listed on page 10 can be ignored by this evaluation (e.g. cranberries, walnuts, figs, macadamia nuts) A-All perennial Category C APH crops are to be evaluated. However, targeted crops will probably have more detailed evaluation because of regional interview sessions, input from the specialists and specific requirements under the contract for targeted crops. Thus, target crops will play a key role. 2. Q-Page 11, C.1.1 states "Contractor shall analyze program experience data for 1996 through the 2004 crop years by crop and region". Can it be assumed that in this instance, the term 'region' is intended to mean the least aggregated level of data (e.g. county)? Or does RMA desire to be presented with program experience at the 'regional' level (i.e. the area covered by each RMA regional office). A-At a minimum, it must be by crop and RMA RO region or crop region determined by the contractor. 3. Q-Page 12, C.1.5 (i) requires "recommendations for program improvements in underwriting methods and procedures used to establish ??prices". Additionally, item (j) of the same Task requires "an impact of the changes on ??prices?" Isn't the pricing methodology used to set price elections for the APH insurance program independent and unrelated to program provisions, insurability requirements, etc.? If so, what is RMA's intent with these references to prices as they are affected by underwriting methods and procedures? A- Changes may have an impact on establishing price or delivery and must be part of the determination by the contractor for any changes recommended. 4. Q4-1- Page 24, H.9 states that 'RMA will furnish facilities at the RMA RO's for the applicable interview sessions with RMA personnel'. Is it correct to assume that by this statement, RMA wishes to hold the interviews with the RO's in person, rather than over the phone? Or is this a Contractor decision to make? Q4-2- In section C.3-Specific Tasks & Work Assignment, sub section C.1.3, it states, "The Contractor's evaluation shall include interview sessions with applicable RMA RO specialists or staff from the five RMA RO's (Davis, Raleigh, Spokane, Springfield, and Valdosta) with responsibilities for perennial Category C APH crops growing areas." Are these interviews (1) required to be conducted in person as with the "feedback sessions" which are described in section C.3 Specific Tasks & Work Assignment, sub section C.1.4, (2) expected to be conducted via telephone or other form of electronic conferencing or (3) is this left up to the option of the Offeror in preparation of the proposal? A- As provided in the SOW, interview sessions are to be held in the targeted RMA RO and at least two other sessions within the regions. The offeror should outline their intentions in their proposal, which would be evaluated under technical approach. However, interview sessions in the five RMA ROs, who will provide meeting space as outlined in the SOW, would necessitate face-to-face and may require additional contact by telephone, e-mail, fax, mail or meetings as required or determined by the contractor. 5. Q- In section D-Packaging and Marking, sub section D.2, it states, "Unless otherwise directed by the Contracting Officer, if not hand-delivered by the Contractor, all reports shall be delivered by First Class mail or regulated package carrier." Are Federal Express (Fed-Ex) and United Parcel Service (UPS) considered "regulated package carriers"? A- Yes. 6. Q- Sections H.3-Key Personnel, L.6-Instructions for the Preparation of Technical and Cost or Pricing Proposals, Section 3.0-Capabilities Statement, and M.2-Evaluation Factor for Award, Evaluation factor 1.1-Key Personnel, discuss requirements of the Offeror in documenting the expertise of known key personnel considered to be essential to the work being performed under this contract, and various requirements of the Contractor relating to "successor" personnel. What additional actions (if any), would be required of an Offeror or Contractor in the case where additional personnel are added to the Project Team after the initial proposal has been submitted? A- If they are considered to be key personnel; the clause at H.3 Key Personnel would apply. It states "The Contractor shall obtain the Contracting Officer's written approval prior to implementing any change in these key personnel assignments" 7. Q-In section L.6-Instructions for the Preparation of Technical and Cost or Pricing Proposals, General Instructions, bullet (5), what does "DCAA" stand for? A- Defense Contract Audit Agency 8. Q- In sections L.6-Instructions for the Preparation of Technical and Cost or Pricing Proposals, Section 3.0-Capabilities Statement, and M.2-Evaluation Factor for Award, Evaluation factor 2.1-Past Performance, reference is made to "past performance references". Based on a review of the "Past/Present Performance Questionnaire" included as Attachment 3 to the solicitation, we are uncertain if these "past performance references" are to be for Government Contracts only. Do you want non-Government contract references as well, or is the Government sources sufficient? A- Any sources, either non-Government or Government are sufficient. 9. Q- In section L.8-Indentification of Set-Aside, it states, "This procurement is being processed as a total set-aside for small businesses. The NAICS code for this procurement is 541990, with a $6 million size standard." For an Offeror to be considered a "small business" for the purpose of proposing on this solicitation, what are the requirements (if any) for registering with the Small Business Administration? A-See the following website: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a11f015666a36a5feca87ae83aed3aac&rgn=div8&view=text&node=13:1.0.1.1.14.1.234.18&idno=13 A business self-certifies that it is a small business in its Representations and Certifications completed prior to award. The Representations and Certifications for this solicitation will be completed in accordance with Section K.1. 10. Q- If a subcontractor is used, for less than 50% of the project, are there conditions under which the subcontractor would disqualify the otherwise eligible contractor for the small business Set-Aside? A- See the clause entitled 52.219-14, "LIMITATIONS ON SUBCONTRACTING."