B09 Attachment 1 QUESTION-BLM RESPONSES_0001.pdf

QUESTION BLM RESPONSE

Will the minimum guarantee for each contractor that is awarded this contract be met in the first year like it was in the last five year helicopter gather contract or will it be met during the 5 year period of the contract?

It is for the entire 5-year contract period, but pursuant to FAR 16.505(b)(2)(i)(D) Exceptions to fair opportunity a task order can be issued when it is necessary to place an order to satisfy a minimum guarantee at any time.

What exactly do you want from us for past performance? We understand that you just want information on work the last three years. Attachment 3 has a place for us to list three customers that we have had contracts with. Can we list more than three? We have successfully completed a lot more than 3 contracts and task orders during the last three years. The last helicopter gather contract and the last bait trapping gather contract had an attachment that we were to send to our customers to be filled out and submitted. We are assuming this is not required this time and that we just need to list the customers and various jobs on this attachment 3. Please elaborate.

Pursuant to the solicitation each offeror shall complete attachment 3 – Past Performance References and submit with their proposals. As stated in the solicitation the Government will contact the references provided to obtain past performance information on the offeror. As stated in the solicitation Past Performance should be provided for three (3) recent (performed during the past three (3) years) contracts as the prime contractor that demonstrates experience and customer satisfaction for work similar to requirements as outlined in the SOW. Additionally, as stated in the solicitation a past performance reference is one contract, one task order, or one work assignment where an IDIQ contract can be considered one past performance reference. If offerors provide more than three past performance references the BLM is not obligated to use the additional references to support the final past performance rating.

The last wild horse and burro helicopter gather solicitation had a hypothetical task order attachment that we were to complete for the government to compare cost proposals. There is not one with this solicitation. Was this considered an “adjectival rating” as described in this Factor 3 and therefore is not necessary for this solicitation? Factor 3: Price. Adjectival ratings shall not be used for offeror’s price proposal. The price evaluation will assess offeror’s proposed unit pricing (base and all options) to determine fair and reasonableness.

It is anticipated that there will be adequate price competition; therefore, no additional data will be required from the offeror. If the contracting officer determines inadequate price competition, then offerors may be required to submit information to the extent necessary for the Contracting Officer to determine prices fair and reasonable.

As stated in the solicitation the technical capability proposal shall include information to support the two identified scenarios for Criteria 1 through 10.

As stated in the solicitation an adjectival rating (see solicitation for each adjectival rating description) will be used to evaluate the technical capabilities.

Factor 3 will be evaluated to determine unit pricing as fair and reasonable.

Can you clarify what would be a significantly unbalanced option price that would be unacceptable as described below in (b) Options. The Government will evaluate offers for award purposes by evaluating each option year unit pricing. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

Unbalanced pricing is addressed in FAR 15.404-1 where the price of one or more contract line items is significantly over or understated. As stated in FAR 15.404-1(g) Unbalanced pricing may increase performance risk or result in unreasonably high prices. This risk being associated to requiring base and option quantity unit prices being proposed as separate line items.

We have a couple of question on the Variation in Estimated Quantity. “It says if the quantity of a unit-priced item in any task order is an estimated quantity”. Would there ever be a time that a unit-priced item in a task order would not be considered an estimate? Also from the paragraph it appears that a contractor could ask for an equitable adjustment if they were not able to capture 85% of the number of animals in the task order for any reason – such as the number of animals were no longer in the gather area or the animals were difficult to capture and the contractor could catch the required numbers in the task order.

Is this a correct assumption?

All task order quantities are estimated quantities. Where the solicitation states Contractor shall only invoice and be paid for actual head captured etc. Unit pricing will never be considered an estimate.

Section 2 – Schedule of Pricing 7) Variation in Estimated Quantity: If the quantity of a unit-priced item in any task order is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the variation of quantity is within the 15 percent above the additional quantities will be invoiced and paid at the unit price incorporated into the task order

This paragraph was included by error and has been removed. See FAR 52.211- 16 that is incorporated into the solicitation which supports a 15 percent increase in task order total value. See revised solicitation.

Under information Specific to Each Project Area (c.) It says “any WHB Complex task order may require quoting as a single gather area”. Aren’t there now quite a few HMA’s that are listed as being in a complex? So would this mean that often HMA’s would be combined and there would just be one unit price for all HMA’s? Could we get a list of the complexes in the different states and what HMA’s are in each complex?

Yes, in some states there are HMAs that are now part of a Complex. If the Task Order designates that it is being quoted as a Complex, there would only be one-unit price for the HMAs within that Complex. BLM can provide a list of Complexes after solicitation award.

C. Wild Horse and Burro Care and Biosecurity 2) b) says “(1) a negative test for equine infectious anemia within 6 months is required” Another place in the solicitation it says a negative test within the last 12 months in required. Is it 6 months or 12 months?

Solicitation has been edited to correct the inconsistency.

E. Euthanasia or Death 3) Euthanasia Procedure during Gather Operationsa) An authorized, properly trained, and experienced person must be available at all times during gather operations. In addition, as a firearm appropriate to carry out euthanasia must be available at the trap and holding facilities. Would this be someone with the contractor or is it referring to BLM?

Anything addressed in this statement of work is for contractor performance where BLM performance would be an exception that would be identified in the IDIQ SOW or at task order level, if necessary.

Attachment 1

QUESTIONS RECEIVED FOR SOLICITATION 140L0620R0043 AND BLM RESPONSES

F. Safety & Security 5) ) Contractor personnel who utilize firearms for purposes of euthanasia will be required to possess proof of completing a State or National Rifle Association firearm safety certification or equivalent (conceal carry, hunter safety, etc.).

Contractor shall provide certification to the COR or CO upon request. A number of our employees have been signed off and certified to euthanize animals by Al Kane the APHIS vet and other vets. Will their certification by the vets be sufficient?

No, according to the IM 2015-070 personnel performing euthanasia must have formal training or certification in firearms safety, in addition to being trained in proper euthanasia from a licensed veterinarian. Added the following language to support response, “In accordance with IM 2015-070 personnel performing euthanasia must be properly trained in euthanasia techniques by a licensed veterinarian.” See revised solicitation.

Under c. Task Order Procedures it says “Task orders can be issued at the discretion of the CO and/or COR based on the availability of each contractor, the location of the gather and any other factors determined appropriate. Each RFQ will identify the evaluation criteria for source selection (i.e. (1) Lowest Price, (2) Lowest Price Technically Acceptable, (3) Past Performance Trade-Off, or (4) Trade-Off). Can you please explain what would be (3) Past Performance Trade-Off, or (4) Trade-Off)?

This response is a general in nature where each task order request for quotes will identify the basis of award. If the basis of award is identified as a Past Performance Trade-Off each quote will be evaluated on past performance and price. Past performance would be more important than price where the BLM can award a task order to a higher-rated, higher-priced offeror. The same is for Trade-Off where the BLM would evaluate on technical, past performance and price. The technical could be more important than past performance which could be more important than price. When technical and past performance are combined, they could be significantly more important than price. Where the BLM could award a task order to a higher-rated, higher-priced offeror.

Under e. Key Personnel 3) it says “Any additional or substituted pilot’s resumes shall have comparable experience of the key personnel incorporated into the contract. These resumes shall describe their experience in animal capture, survey, and herding. If applicable, OAS certification for the primary and backup pilots (and helicopters) to allow BLM or USFS employees to conduct population surveys and animal location flights while gather operations are suspended. Does this mean that this contract requires the pilots to have OAS certification?

This reference has been deleted. See revised solicitation.

Is this solicitation for an aviation services contract or an End Product Contract? The solicitation looks like the contract is for a commercial aviation services contract, based upon the clauses and contract type. However, the vagueness and lack of information relative to the aircraft leans towards an End Product Contract. Our understanding is all commercial aviation service contracts for the Dept of Interior have to be procured out of the Acquisition Services Office (ADQ) in Boise, ID and the aircraft/pilots have to be inspected by the Office of Aviation Services (OAS). However, if this an End Product solicitation, it is not identified anywhere as such.

This is a Service Contract in accordance with Federal Acquisition Regulation 37, Service Contracting. Any reference to helicopter and/or pilot have been removed from the solicitation. See revised solicitation.

What Federal Aviation Regulations does this solicitation fall under: FAR Part 135 Commercial Aviation or FAR Part 91 non-commercial? Does any portion of this contract require us to perform FAR Part 135 Commercial flight operations?

As stated in Section 7 of the solicitation this solicitation is being solicited in accordance with Federal Acquisition Regulation 12, Acquisitions of Commercial Items and FAR Part 15, Contracting by Negotitiation. There is no FAR Parts 135 or 91, the FAR subparts are 1 through 53.

Paragraph 5.e.3) of the solicitation states, “If applicable, OAS certification for the primary and backup pilots (and helicopters) to allow BLM and USFS employees to conduct population surveys and animal location flights while gather operations are suspended.”

Question: What is meant by, “If applicable?” When is OAS certification for the pilots and helicopters applicable for this solicitation? Is this a required certification for the pilots and the aircraft under this contract? As this is listed under the Evaluation Criteria (Criterion 9, d), is this a pass or fail item for the evaluation? OAS Certification is contract specific and not applicable to Part 91 vendors. FAR Part 135 Commercial Flight Operations inspections and approvals by OAS must be done for an Aviation Services Contract, but not Part 91 End Product contractors. OAS will not certify a pilot nor an aircraft unless the vendor has been awarded an AQD/OAS contract.

The reference for the desired certification has been removed. See revised solicitation.

The solicitation states that, “BLM reserves the right to place Government and/or contractor game cameras or other video equipment in the operational area (trap site, holding facility, equipment, etc.) to document animal activity and response, capture techniques and procedures, and humane care during trapping. Questions: Does this include placing cameras on helicopters? Is the modification of the airship allowed by FAA regulation? Are contractor game camera’s to include third party contractors? Please give examples of what type of contractors will be given video access to our operational areas. As our capture techniques and procedures are trade secrets developed over years of experience, and exclusive to our Company’s performance and productivity, how will the BLM ensure that these trade secrets remain protected?

No, the referenced statement does not allow placement of cameras or video equipment on helicopters. The BLM will not hire third party contractors to place cameras or video equipment on helicopters.

The solicitation states, “Section 7, c. Evaluation criteria (10) Mandatory Qualification Criterion. Offeror shall provide their current capability to document proof of access to a helicopter (within 24-hour notice of receiving a task order) suitable for herding wild horses and burros as well as a current certificate of air worthiness. Question: What are the minimum performance parameters/standards that the helicopters must meet in order to be deemed suitable for herding wild horses and burros? What are the evaluation factors for the aircraft? The referenced criterion has been removed. See revised solicitation.

Per the solicitation Paragraph 5.e.1) Key Personnel: The following individuals shall be identified as key personnel for the contractor: Contractor(s) or owner/entity principle, Primary Helicopter Pilot, Backup Helicopter Pilot, Ground foreman/Trap supervisor, Holding Facility Supervisor, Transportation director. Question: What is the minimum previous experience in animal capture, feeding and care, loading, and transportation, that key personnel must have on their resume to be qualified to serve in Key Personnel positions? Does this also include the Contractor(s) or owner/entity principals?

There is no minimum experience requirement. Qualifications of key personnel will be evaluated in the overall technical capability rating. An offeror with more experienced key personnel (see below) in animal capture would receive a higher adjectival rating. There is no minimum experience requirement. Qualifications of key personnel will be evaluated in the overall technical capability rating. An offeror with more experienced key personnel (see below) in animal capture would receive a higher adjectival rating.

1) Contractor(s) or owner/entity principal

2) Ground foreman/Trap supervisor

3) Holding facility supervisor

4) Transportation director

5) Any other primary personnel necessary to support your proposed capture approach

As you are requesting resumes for our pilots, what are the specific minimum qualification standards that a pilot must meet to serve in the Key Personnel positions of Primary Pilot and Backup Pilot? What is the previous minimum experience that a pilot must have in animal capture, survey and herding to perform as a Key Personnel Primary or Backup Pilot?

See question 6 response above and revised solicitation.

Per the solicitation, Paragraph 5.e.3) Any additional or substituted pilots’ resumes shall have comparable experience of the key personnel incorporated into the contract. These resumes shall describe their experience in animal capture, survey, and herding. Questions:

What is the minimum aviation standard that an additional or substituted pilot must meet in order to have qualifying experience in animal capture, survey, and herding, for the BLM to allow the proposed addition? Does this include Trainee Pilots? What is the process a Contractor must follow to bring new Trainee Pilots on as employees and get them capture flying experience, who have very limited wild horse capture experience?

See question 6 response above and revised solicitation.

Per the solicitation, Paragraph 5.e.5) If the proposed key personnel substitution and/or addition does not have any gather operations experience the BLM may allow for the proposed substitution and/or addition to support a specific task order, but reserves the right to revoke acceptance of this substitution if their performance is deemed unacceptable by the onsite TO COR with coordination the IDIQ COR and CO. Questions: Does this reservation of key personnel exclusion apply to pilots? If so, what standards will the COR/IDIQ COR/CO use to evaluate the pilots’ performance? What are the minimum standards that the pilot must meet in order to be qualified to perform? What standards of performance will be measured by the TO COR from the ground and when the helicopter is gone for long periods of time herding horses? How will the standards distinguish difficult to handle horses from a lack of performance flying? Since the CO staff will be subjectively deeming which pilots are acceptable and which are not, this requirement is taking operational control of the gather operations. A pilot who does not perform well capturing horses in the trees may make an excellent pilot in open country. A pilot who flies horses very well may not do well on burros. A pilot who handles reactive horses well may not successfully capture dull or desensitized horses.

Based on task order performance the right to revoke acceptance of key personnel substitutions (and/or additions) apply to all key personnel.

Per the solicitation, Paragraph 3.a.9)a) “If jute is hung on the fence posts of an existing wire fence in the trap wing, the wire should either be rolled up or let down for the entire length of the jute in such a way that minimizes the possibility of entanglement by animals unless otherwise approved by the COR/PI.” 10. Per the solicitation, Paragraph 3.a.9)a) “If jute is hung on the fence posts of an existing wire fence in the trap wing, the wire should either be rolled up or let down for the entire length of the jute in such a way that minimizes the possibility of entanglement by animals unless otherwise approved by the COR/PI.”

Also in the solicitation in Paragraph 3.b.3) “No barb wire material shall be used in the construction of any traps or holding facilities. If used on wings the jute must be two layers thick to prevent lacerations and all wires must be taught and secured to posts.” Questions:

Is barb wire allowed to be used in the wings or construction of traps/facilities? Please clarify how barb wire should be handled.

Removed reference to “If used on wings the jute must be two layers thick to prevent lacerations and all wires must be taught and secured to posts.” See revised solicitation.

Per the solicitation, paragraph 3.b.6) The COR/PI may utilize contractor constructed facilities when necessary in the performance of individual task orders for such management actions as population growth suppression treatments, research, and/or selecting animals to return to the range. Questions: Please list what “contractor constructed facilities” refers to.

Will COR/PI personnel be utilizing facilities without contractor personnel present? Will the BLM take responsibility for the security and safety of the animals, and for any damages to contractor constructed facilities if contractor personnel are not present?

Revised to state “Contractor constructed temporary holding facilities”. See revised solicitation. Yes, it may be necessary for the BLM to utilize temporary holding facilities without Contractor personnel present to complete necessary management actions. Yes, the BLM would take responsibility for the security and safety of the animals, as well as any potential damages.

Per the solicitation, paragraph 3.h.7) The Contractor and/or their crew members shall not post any information or images to social media networks or release any information to the news media or the public regarding the activities being conducted under this contract.

Questions: Can images be posted to social media after a specific task order has been completed? Can we use images in the promotion or advertisement of our company to other potential customers?

Revised to add, “During gather operations the Contractor …” See revised solicitation.

Per the solicitation, paragraph 4.b.2) If inclement weather or poor road conditions occur during trapping operations, the contractor will need the necessary equipment to safely transport wild horses and burros to the designated facility. Questions: Does the designated facility refer to the BLM preparation facility or the Temporary Holding Facility? Please provide a list of what equipment is necessary to safely transport due to weather or poor road conditions (4-wheel drive vehicles, traction devices, road graders?).

Under what circumstances can transportation be delayed if the Contractor determines that even with necessary equipment, safe transport cannot be achieved with the current weather or road conditions?

Reference to “designated facility” includes the temporary holding facility and the final off-range corral facility. The necessary equipment to transport animals will be the contractor’s responsibility. Inclement weather delays will be addressed on a case-by-case basis and shall be coordinated with the on-site task order COR.

Per the solicitation, paragraph 4.d. Animals-Wild Equines protected under the Wild Free- Roaming Horses and Burros Act, along with trespass or feral livestock. Question: Does trespass or feral livestock include species other than equines, if yes, what other species?

Yes, feral cattle.

What is the Mandatory Insurance Coverage if awarded this contract?

Pursuant to FAR 28.306 Insurance under fixed-priced contracts. This is a fixed priced contract where insurance is not ordinarily a Government concern. The gather operations will not be performed on a Government installation. It is the conractor's responsbility to ensure they have the necessary insurance to support their gather operations.

Per the solicitation, paragraph Section 7. Addendum to FAR 52.212-1 Instructions to Offerors, c. Evaluation Criteria, (6) Safety and Security. “The proposal shall include a detailed discussion including freedom from conditions, hazards, or objectives that could adversely affect the safety of the wild horses or burros or personnel, such as wild fire, oil wells, abandoned equipment, abandoned fencing, weather extremes, and road traffic, etc.

Questions: Could you further explain what objectives are, and list some examples of objectives that could adversely affect the safety of the wild horses/burros or personnel?

Reference to objectives was in error, corrected typo to state objects. See revised solicitation.

Per the solicitation, paragraph Section 2, Schedule of Pricing, 2.e.2) When the contractor assists in only working wild horses and burros for population suppression treatments and not flying or gathering horses and burros, the BDR will apply. Question: Will the Contractor be asked to hold horses after capture operations are completed? Will the BDR apply to holding horses? If the Base Daily Rate does not apply, will the only compensation be Feed Day pricing? If Feed Day pricing is the only compensation, what is the typical or minimum-guaranteed number of animals that the Contractor will be holding? What is the typical or minimum amount of time that the Contractor will be asked to hold horses after gather operations have been completed?

As holding horses without doing any gather work commits the Contractor to keeping most of their equipment (panels, gates, trailers and pickups, watering equipment, hay, loading chute) and the Government-furnished fly chute on-site, and adequate personnel to care for animals and assist in working animals, this will hamper the Contractor from working elsewhere unless they have twice as much equipment or additional employees, or the Government is willing to furnish multiple fly chutes for Contractor use. Is the Government willing to furnish multiple fly chutes when multiple jobs are being executed at once?

We could provide a competitive rate for holding horses after gather operations are completed if this work item was more clearly explained. The BDR already applies for when the contractor assists in only working horses, and the Feed Day pricing was previously calculated and applied for when other gather operations are occurring at the same time. Determining Feed Day costs to ensure that salaries, insurance, equipment, maintenance, etc, are covered with no other gather operations occurring could be quite variable, depending on the number of horses held and the length of the hold.

Added a line item to support unit pricing for post gather, cost per day, per head, to feed, water and care of captured animals (post gather feed days). See revised solicitation.

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