B09_-_Amendment_0001_-_Questions_and_Answers_0001.pdf

Solicitation 140PS124R0019 – Amendment 0001

RFP

QUESTIONS & ANSWERS REGARDING:

SOLICITATION/REQUEST FOR PROPOSALS NO. 120PS124R0019

Amendment 0001

Guadalupe Mountains National Park – Oil/Gas Reclamation and Road Repair Project

(AMENDMENT 0001)

QUESTIONS RECEIVED AS OF 08/19/2024:

1. Question: Is heavy equipment such as road graders, skid steers, etc. allowed to drive on the access road and down to stream bed to gather materials for road repairs?

ANSWER: Yes - As long as the contractors stay with the parameters of the drawings and Attachment 1

– SOW and Appendices A-B the use of heavy equipment is allowed down to stream bed and along the access road up to Williams Ranch.

2. Question: “It there any fresh water or water onsite that can be treated for drinking water?

ANSWER: No – There are no water on site, either fresh or treatable. The contractor will be required to provide their own sources of potable/non potable water to the site.

3. Question: “The is a statement about not being practical to travel back and forth to the job site each day for work setting up a camp site?”

ANSWER: Yes – the specific language is include in Section 2.4 – Mobilization and Demoblization, and was included to draw contractors attention that it may not be practical to drive in and out every day. There is nothing the precludes are contractor from managing how they want to mobilize and demobilize from the site.

The Solicitation and Award allows for a Spike Camp (or Construction Camp) to be established per

Section 01 11 00 – Summary of Work under Section 1.5 – Contractor use of Site – (J) Construction

Camp.

4. Question: “Do we know the length and size of the cables that are to be removed?”

ANSWER: Cable lengths and sizes are not available but the estimated total weight of the materials/debris to be removed is not expected to exceed 3000 pounds as stated in Section 01 74 19 –

Construction Waste Management and Disposal under Section 3.5 – Measurement Payment. The maximum weight of the largest item to be removed is estimated at 200lbs, and is stated in Section 1.0

Introduction, in the second bullet point under “Additional Information regarding Helicopter use.”

5. Question: “Is there a restriction on what type of power tools that can be used on the project?”

ANSWER: The project site and area surrounding Williams Ranch (the existing road notwithstanding) is in eligible wilderness (managed as designated wilderness) and any use of a vehicle or other mechanized equipment is considered a prohibited use. However, for the purposes of this project, we have conducted the Minimum Requirement Analysis (MRA), which is required by the Wilderness Policy Act of 1964 before any action is taken within wilderness, to determine the minimum tools/equipment needed with the least amount of environmental impact (short & long-term to wilderness character) for the successful completion of this project. After review of our compliance, within our MRA analysis we have accounted for and evaluated the use of motorized equipment required for the completion of this work. Therefore, the use of motorized tools and small equipment would be authorized for the execution and successful completion of this project.

6. Question: What does “preserve in place” specifically mean?

ANSWER: Preserve in place simply means to leave the feature untouched; do not move or alter it.

7. Question: In the photo below, is the “mast” the long pipe leaning against the cliff wall or is it the pump jack walking beam? Assuming it is the pipe, is it anchored on either end, how long is it, what are the outer and inner diameters and roughly what is the weight?

ANSWER: 8" in OD. STD ID. thickness of 0.5", Weight/foot is about 40#/ft. It's about 25' in length so estimated weight is a minimum of 1000# and with the pully system at the top it's probably approx. 1250#.

It's also anchored at the bottom to a concrete pad, but we are unsure of what fashion as there was too much undergrowth to document it. There is a possibility that the base of the mast is most likely crumbled or severely damaged because it has fallen over.

8. Question: In the photo below, what are the dimensions of the well cellar? If it is filled it, does a board still need to be placed on top of the fill?

ANSWER: The well cellar is 'T-Shaped', one leg of the 'T' is 5'x15' and the other is 8'x10' and approx. 3ft deep. We believe the feature is not uniform in nature and some parts have sloughed in. It needs to be filled in at least 2ft to mitigate the physical safety hazard. The fill material (rocks/boulders, etc.) need to be taken from around the site. Fill for the cellar must be taken from several different areas as to not create any distinct surface features, scaring, or change in appearance. Our preference is for this work to be accomplished using hand tools, i.e. shovels, wheelbarrows, but if there is equipment that is already present on-site being using for another task and can be utilized for this action, it is permitted and appropriate to use. If the contractor would like to use another piece of equipment better suited for the job, and it falls under the 'small' mechanized equipment/tools category, please send us the name(s) of the type of equipment and size for our review and approval prior to use. Lastly, after the feature has been filled, the existing board does not need to be replaced and can be removed/discarded.

9. Question: Under FAR 52.219-14, the applicable limitation on subcontracting is determined by the

NAICS code assigned to the contract. Consistent with the scope of work for this solicitation, the assigned

NAICS code is NAICS 237120, which is for Oil and Gas Pipeline and Related Structures Construction, with a $45M size standard. NAICS 237120 is a general construction NAICS code as it is focused on the type of construction (e.g., structures integral to oil and gas networks), as opposed to a specialty construction NAICS Code, which is focused on the production of a specific component for the project and is typically subcontracted.

Will the agency revise the solicitation to clarify that the 85% limitation on subcontracting for general construction contracts applies to this solicitation?

ANSWER: In regard to specific question about NAICS Code 237120 that is a slippery slope because the

FAR does not explicitly say one way or another about what NAICS Code is what or how it is supposed to be applied in terms of a “service,” “construction by specialty trade contractor,” or “general construction” in relation to FAR 52.219-14. As stated in the question, but more specifically here, FAR 52.219-14 (e) -

Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry

Classification System (NAICS) code applicable to this contract:…”

Per FAR 19.102 (b) – “The contracting officer shall determine the appropriate NAICS code by classifying the product or service being acquired in the one industry that best describes the principal purpose of the supply or service being acquired. Primary consideration is given to the industry descriptions in the U.S.

NAICS Manual, the product or service descriptions in the solicitation, the relative value and importance of the components of the requirement making up the end item being procured, and the function of the goods or services being purchased.” The NAICS Code Assigned 237120 – Oil and Gas Pipeline and

Related Structures Construction is defined as follows: “(t)his industry comprises establishments primarily engaged in the construction of oil and gas lines, mains, refineries, and storage tanks. The work performed may include new work, reconstruction, rehabilitation, and repairs. Specialty trade contractors are included in this industry if they are engaged in activities primarily related to oil and gas pipeline and related structures construction. All structures (including buildings) that are integral parts of oil and gas networks (e.g., storage tanks, pumping stations, and refineries) are included in this industry.” As the

Contracting Officer, I found this to be the most applicable NAICS code.

Further, neither “Construction by specialty trade contractor” or “general construction” are defined as to their meaning in the FAR, but typically any NAICS Code starts with 236 is considered “general construction”. Anything that falls under a NAICS that starts with 237 could go either way really. Since

NAICS 237120 states “(s)pecialty trade contractors are included in this industry” (this is actually in every definition with NAICS Codes that start with 237) and as the Contracting Officer, that is why I selected

75%, because I considered the work to be more specialized then general, so it will remain unchanged at

75%.

9. Question: Could we “hover exit” personnel from the helicopter? The helicopter would not touch down but would be low enough to allow personnel to exit by the runners.

ANSWER: “Hover exit” is allowable so long as it is a standard practice, the contractor follows all applicable safety and air regulations that are applicable to such operations, does NOT add liability to the

NPS, and does NOT touchdown.

10. Question: Are acetylene cutting torches permitted on site?

ANSWER: Yes acetylene cutting torches are allowed. Prior to their use they will require a hot work permit which is provided by GUMO, and will require appropriate fire prevention measures. Fire watch, Extinguishers, blankets, etc.

As of August 26, 2024 the Wage Determinations TX20240008 01/05/2024 included with the solicitation remains unchanged.