Attachment_14_-_Questions_and_Responses_Prior_to_Site_Visit_0001.pdf

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Attached to
MOD/MODE/US Bypass Canal Repairs
Solicitation number
140R3026R0001
Issued by

About this file

This document is a Questions and Answers (Q&A) file for federal contract solicitation 140R3026R0001, addressing the US Bypass Canal Repairs project issued by the Bureau of Reclamation. The Q&A does not specify response dates, award dates, or pricing terms, as it focuses on clarifying solicitation requirements prior to a site visit.

The document addresses four primary areas of contractor concern. First, it clarifies that site supervision roles (Quality Control Manager, Superintendent, and Safety and Site Health Officer) may be performed by a single individual if qualifications are met, subject to compliance with safety and quality requirements. Second, it confirms that the project is a HUBZone set-aside and that Section L.5 incorporating FAR 52.222-23 establishes mandatory minority and female participation goals (19.6% minority and 6.9% female participation by trade) under Executive Order 11246, which are separate from HUBZone requirements and do not constitute hiring quotas. Third, it verifies that contractors must notify the Deputy Assistant Secretary for Federal Contract Compliance within 10 working days of awarding any construction subcontract exceeding $10,000. Finally, it clarifies that proposal submission requirements in Section L are mandatory, including a required cross-reference index linking the Statement of Work and specifications to proposal sections and evaluation factors, and that completed CPARS evaluations may be submitted in lieu of Past Performance Questionnaires for relevant projects.

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140R3026R0001 MOD/MODE/US Bypass Canal Repairs Questions Prior to Site Visit

Question # Question Response 1 In review of the RFP the only reference to site supervision is by reference: FAR 52.236-6

Superintendence by the Contractor (APR 1984). Based on the understanding of this FAR clause it does not mandate specific site supervisor position requirements. Please confirm if the roles of Quality Control Manager, Superintendent and SSHO can be performed by one (1) individual if they meet the requirements for all roles or if multiple individuals are required to be onsite during construction (is this a “single hat”, “dual-hat” or “tri-hat” requirement)

In review of FAR 52.236-6, the clause does not mandate separate individuals for site supervision roles. If the solicitation does not specify otherwise, one individual may serve as Quality Control Manager, Superintendent, and SSHO, provided they meet all qualifications and can effectively perform all duties. This would be considered a “multi-hat” approach (single, dual, or tri-hat), subject to compliance with safety and quality requirements. Please confirm with the Contracting Officer if any solicitation-specific restrictions apply.

2 Per the RFP and Solicitation, the project is a HUBZone set-aside. However, there is an additional requirement which appears to be above FAR Subpart 19.13, requiring the awarded Prime to meet an additional percentage of minority and female participation [which is rare] as the FAR treats each socioeconomic program separately. As our business does not hire based on race or gender can the Government confirm that Section L.5 52.222-23 requiring 19.6% minority participation and 6.9% female participation for each trade is a requirement for this solicitation? If so how will this be tracked and what is the protocol when employees choose not to disclose their minority status?

Section L.5 incorporates FAR 52.222-23, which establishes minority and female participation goals for construction trades under Executive Order 11246. These goals apply to this solicitation and are separate from HUBZone requirements. They are not quotas and do not require hiring based on race or gender. Contractors must demonstrate good faith efforts to meet these goals through outreach and recruitment. Reporting is typically through OFCCP protocols, and employees are not required to disclose demographic information.

Compliance is based on documented efforts rather than mandatory disclosure.

3 Per Solicitation Section L.5 52.222-23(d) The contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract over $10,000 at any tier for construction work under the contract resulting from this solicitation. Please confirm that this is a requirement for this solicitation.

Yes, Section L.5 and FAR 52.222-23(d) are requirements for this solicitation. The contractor must provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance within 10 working days of awarding any construction subcontract over $10,000 at any tier. This requirement ensures compliance with Executive Order 11246 and OFCCP monitoring protocols.

4 Due to the smaller magnitude of the project the proposal submission requirements are extensive (up to 50 pages) and appear to potentially limit competition due to the amount of required effort necessary to compile the response. As most of this verbiage is potentially “boilerplate” it would be beneficial for the Government to provide clarity to whether the following are requirements or “if necessary”:

The proposal submission requirements outlined in Section L are mandatory unless otherwise specified as “if applicable” or “as necessary.” While some sections may appear boilerplate, they are included to ensure compliance with FAR and agency standards. Offerors should provide all required information but may tailor responses to the scope and complexity of the project. If certain sections do not apply, they should be marked “Not Applicable” with a brief explanation. The Government will evaluate proposals based on completeness and responsiveness to the solicitation requirements.

4A Section L.13 (f)(1)(b) please confirm that an “Index” which Cross references the statement of work, specifications for performance work statement to the terms of the proposal and indicate how the proposal conforms to the evaluation factors” is required as stated or is “include if needed or applicable” (This applies to all volumes of the proposal) If this is a “required” aspect can the Government please provide additional details or format illustrating where this should be placed within the proposal and the expectation for formatting related to cross referencing the requirements?

Section L.13(f)(1)(b) requires offerors to provide an index that cross-references the Statement of Work (SOW), specifications, or Performance Work Statement (PWS) to the terms of the proposal and indicates how the proposal conforms to the evaluation factors. This is a required element unless otherwise stated in an amendment. The purpose of the index is to assist the Government in efficiently evaluating compliance and responsiveness.

The index should be placed at the beginning of each volume or as a consolidated section at the front of the proposal, clearly labeled as “Cross-Reference Index.”

It should include:

-SOW/PWS paragraph or specification reference.

-Proposal section/page where compliance is addressed.

-Brief note on how the proposal meets the requirement.

A simple tabular format is acceptable; no narrative is required beyond the cross-reference and compliance indication.

4B Section L.13 Past Performance (1)(b): Per subparagraph (ix) The Offeror shall provide each reference with a copy of the Past Performance Questionnaire (PPQ) and have the reference return the PPQ to the Bureau of Reclamation in accordance with the instructions at the end of the form.

However, the following section references CPARS. Please confirm if the projects provided have CPARs those may be provided in lieu of PPQs.

Section L.13(f)(1)(b) requires offerors to provide each reference with a copy of the Past Performance Questionnaire (PPQ) and have the reference return it to the Bureau of Reclamation as instructed. However, if the projects you are submitting for past performance have completed CPARS evaluations, the Government will accept CPARS reports in lieu of PPQs. CPARS is considered an official source for past performance information. Offerors should ensure that CPARS reports are current and include all relevant details. If CPARS is provided, please indicate this in your proposal submission and reference the associated project(s).

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