B09_Solicitation_Amendments_Attachment_-__4_Questions_and_Answers_8_26_24_0001.pdf

140F1B24Q0032 Erie National Wildlife Refuge – LiDAR and Imagery Attachment 4 – Questions and Answers

26 August 2024 Question 1: We have reviewed the solicitation and section G discusses payment and invoices. We request a 50% payment upon contract execution and 50% upon delivery of project. Section G mentions partial payments but wanted to clarify where you would like that information in the response from our firm?

Answer: Payment upon contract execution prior to acceptance of supplies or services is a form of Contract Financing, specifically an advance payment and more specifically a commercial advance payment. See FAR 32.001. The contracting officer may only offer Government financing in accordance with the procedures in Federal Acquisition Regulations (FAR). FAR Subpart 32.2 is for Commercial Service Purchase Financing and proscribes the procedures for commercial financing arrangements for commercial purchases. FAR 32.202-1 notes that “is the responsibility of the contractor to provide all resources needed for performance of the contract. Thus, for purchases of commercial products or commercial services, financing of the contract is normally the contractor’s responsibility.” Commercial advance payments can only be made if the circumstances present in FAR 32.202-1(b) are present. Commercial advance payments should only be permitted if it is a customary commercial practice, and it is in the best-interest of the Government. Here, if permitted, the most that could be considered is 15% of the contract price, but it is not permitted because the contract price is expected to be well below the Simplified Acquisition Threshold, it is not customary to pay for these types of commercial services before services are rendered, and as such it is not in the best-interest for the Government to pay before work is performed as the Government would be at risk of recouping payment in the event that little to no services are rendered.

Nonetheless, we understand the need for flexibility and are open to considering alternative payment arrangements that align with the applicable FAR provisions. Here, payment will be made in accordance with 52.212-4(i). The payment schedule is tied to the achievement of agreed-upon milestones, which are anticipated to be defined as the Schedule of Pricing by Line Item. This means payments are made as each milestone is completed, rather than waiting for the entire project to be finished.

In accordance with FAR 52.204-22 included with the solicitation, alternative line items for quotes are allowed where offerors may submit one or more quotes with alternative line items. The Government does not have to accept alternative line items, but it would provide for other streams of funding for consideration.

Question 2: Is it possible to send shapefile or KML files in order to run flight lines in a better way to accurately estimate cost quotes for NWS?

Answer: The Government is confident that the respondent should be able to accurately provide a competitive and reasonably priced Quote with the specifications and images already provided for the project area. KMLS and/or shapefiles may be provided after award to assist the contractor during performance.