B09_Solicitation_Amendment_1_Attachment_4_Questions_and_Answers_dated_2_24_26_0001.pdf
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- Attached to
- SANTA ANA NWR Design-Build/CON Shade Structure
- Solicitation number
- 140FC126Q0007
About this file
This is a Questions and Answers document for federal contract solicitation 140FC126Q0007, issued on 24 February 2026.
The document addresses seven questions from prospective vendors regarding contract requirements and clarifications. Key requirements clarified include: (1) Independent Contractor Agreements do not satisfy mandatory liability insurance requirements under FAR 52.228-5 and DIAR 1452.228-70, which require contractors to maintain coverage naming both the contractor and U.S. Government as insured, with a Certificate of Insurance provided before work begins; (2) bid guarantees are required under FAR 52.228-1 and cannot be waived regardless of billing methods; (3) there is no sprinkler or irrigation system requirement—the shade structure will merely overhang an irrigation system to be installed later; (4) the scheduled site visit proceeded as planned; (5) wage rates are specified in Wage Determination #TX20260255 dated 2 January 2026, provided in Solicitation Attachment 2; and (6) this is a design-build requirement with no additional government-provided specifications beyond those stated in the solicitation. The document also clarifies that vendors are responsible for independently determining whether their proposed solutions meet stated requirements, and the Government will not provide pre-evaluation feedback on product feasibility for open solicitations, though the Contracting Officer and Point of Contact are available to clarify stated requirements.
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Attachment 4 – Questions and Answers
140FC126Q0007
24 February 2026
Question 1: Will using Independent Contractor Agreements satisfy the insurance requirements for this solicitation?
Answer: No. This solicitation incorporates FAR 52.228-5, Insurance – Work on a Government Installation, and DIAR 1452.228-70 Liability Insurance which require contractors to maintain liability insurance covering work on the Government installation, naming both the contractor and the U.S. Government as insured. Independent Contractor Agreements alone do not satisfy this requirement. All personnel performing work must be covered, and a Certificate of Insurance (COI) must be provided to the Contracting Officer before work begins.
Question 2: If the contractor bills the entire project upon completion, can the bid guarantee be waived?
Answer: No. The bid guarantee is required under FAR 52.228-1 to ensure that the bidder will enter into the contract at the submitted price if selected. The method of billing or payment (e.g., full payment upon completion) does not eliminate the requirement for a bid guarantee.
Question 3: The difference between the BO8 and the Solicitation. A)BO8 [SOW] specifies overhead irrigation. Solicitation does not.
Answer: There is no sprinkler/irrigation system requirement with this solicitation. The statement is just to inform the contractor that the shade structure will overhead an irrigation system that will be installed at a later date and is not part of this solicitation.
Question 4: Was the site visit completed yesterday? Wondered with the shut down if it was still proceeding.
Answer: The organized site visit was scheduled to occurr as solicited and was not canceled.
Question 5: Would you please provide me with the wage rates for this project.
Answer: The wage rates were provided in B08 Solicitation Attachment 2 Wage Determination #TX20260255 dated 2 Jan 2026.
Question 6: Were there any additional specs on the shade structures? Many of the manufactures I have spoken with have stated that they would not be able to meet the specs and have the ability to have [r]emovable panels.
Answer: This is a design-build requirement and there are no additional specifications provided by the Government.
Question 7: Wondering if you could please connect me with someone related to this opportunity that could indicate if our mobile canopy systems might be a feasible solution?
Answer: The Government is available to clarify the stated requirements through the Contracting Officer and POC listed in the solicitation; however, the Government cannot provide advice, technical guidance, or pre-evaluation feedback regarding whether a particular product or solution would be considered technically feasible for an open solicitation.
Vendors are responsible for reviewing the solicitation requirements and determining whether their proposed solution meets those requirements. If your mobile canopy systems can satisfy the stated specifications and performance criteria, you are encouraged to submit a quote for evaluation in accordance with the solicitation instructions.
File details come from the government source that posted it. Updated .