15M900001_Revision__1.pdf

State of California—Transportation Agency EDMUND G. BROWN Jr., Governor

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

Safety, Service, and Security

Business Services Section Contract Services Unit P.O. Box 942898 Sacramento, CA 94298-0001

(916) 843-3610

(800) 735-2929 (TT/TDD)

(800) 735-2922 (Voice)

April 29, 2016

TO ALL PROSPECTIVE BIDDERS:

RE: REVISION #1 REQUEST FOR PROPOSAL (RFP) #15M900001

Revision #1 changes the RFP as follows:

1. Point C, page 2 “Time Schedule (Key Action Dates)”.

The revised time schedule below replaces the RFP’s original time schedule. Pacific Time Zone is applicable

Event Date Time (if applicable) RFP Released April 21, 2016 Questions Due April 24, 2016, no later than 4:00 p.m.

Responses Posted April 29, 2016 Proposers register Intent to Submit a Proposal May 6, 2016 no later than 4:00 p.m.

Proposal Due through Electronic Delivery May 13, 2016, no later than 4:00 p.m.

The requirement for a hard copy of the Proposal has been stricken. A hard copy of the proposal isn’t necessary. Proposers must register Intent to Submit a Proposal as specified in the RFP; so that the State can assign a unique Uniform Resource Locator (URL) that the Proposer must utilize to electronically submit a Proposal.

2. Section M “Submission of Proposals” Delete references in sections 1a, 1c, 1d and 2b to send a “hard copy” of the Proposal by UPS, Federal Express, or Other Express Mail Service.” As noted above, the requirement to submit a hard copy of the Proposal has been stricken. Proposers must register Intent to Submit a Proposal as specified in the RFP, so that the State can assign a unique uniform Resource Locator (URL) that the Proposer must utilize to electronically submit a Proposal.

3. The RFP’s questions and responses follow this letter.

4. Proposed Agreement #15M90000l.

Point #32, “Choice of Law” is deleted.

Sincerely, Loretta Maddux Associate Contract Analyst

Attachment: 15M900001 Questions and Responses

15M900001 Questions and Responses

Question Response

1 When is the earliest time that classes can be held?

Classes may be held as soon as practicable after Agreement execution, upon compliance with any Agreement conditions that are required prior to training services being offered, and as soon as training dates can be agreed to by the BOPC and the Contractor.

2 Background: In the RFP, it states that there should be an azipod or twin screw passenger ship model (RFP Section B, “Mandatory Minimum Technical Requirements for Proposers”, requirement #6). We have a twin screw passenger ship model but not yet an azimuth ship. Later in the detailed description of requirements, the RFP states certain maneuvers that are primarily azipod activities. Is it acceptable to translate those maneuvers into the similar screw activities for that part of the training?

Yes, specified training maneuvers can be accomplished with either an Azipod or a twin-screw model.

3. The RFP states that the “Contractor shall provide a Certificate of Status issued by the California Office of the Secretary of State, or a copy of the firm’s on-line status information downloaded from the California Business Portal website, prior to commencement of services.”1 Is that requirement only required of California/USA potential contractors? If we really need to have one, please advise how we’d gain such a certificate?

Prior to providing a Certificate of Status issued by the California Office of the Secretary of State, a foreign business entity must qualify/register to transact business in California by filing the applicable form(s) with the California Secretary of State. See “How do I qualify or register a foreign (out–of–state or out–of– country) business entity in California?” Frequently Asked Questions on the Secretary of State’s website at:

http://www.sos.ca.gov/business-programs/business-entities/faqs#form-question7.

More information about the state registration and Certificate of Status process may be found at http://www.sos.ca.gov/business-programs.

4. ”The RFP’s insurance requirements are specified in U.S. Dollars. Is it acceptable to provide an insurance policy written in another currency for an amount that is the equivalent of the requirements in U.S. Dollars?

Is there a way of waiving or changing these insurance requirements?

Yes, an insurance policy may be written in another currency if the amounts are equivalent to the minimum U.S. Dollar amounts listed in the proposed contract using a commonly acceptable current foreign currency exchange rate.

Generally, some form of insurance is required for State contracts.

Without further information, it is not possible to answer whether the proposed Agreement insurance requirements can be waived in part or amended.

RFP Section K “Administrative Requirements” advises in point 3 that “Corporations must certify prior to commencement of services that they are in good standing and qualified to conduct business in California. Attachment 1advises that either a copy of the Certificate of Status issued by California’s Office of the Secretary of State or a copy of the firm’s active on-line status information downloaded from the California Business Portal must be provided. Sample Agreement 15M900001 advises in Exhibit A, Section A, point 5 “Contractor shall provide a Certificate of Status issued by California’s Office of the Secretary of State or a copy of the firm’s active on-line status information downloaded from the California Business Portal website prior to commencement of services.”

5. Would the State accept third-party insurance from airport transportation and others, including vessel insurance providers?

The insurance provision contained in Exhibit D, point 5, of the proposed Agreement list the BOPC’s desired insurance provisions. However, if the selected contractor cannot meet the stated insurance requirements, the BOPC through the Department of General Services’ Office of Risk Insurance Management, will work with the selected contractor to insure an acceptable level of insurance coverage. Inadequate insurance may be a reason to decline an award of a contract to a selected proposal.

6. Law: Is the State agreeable to having the contract subject to foreign law and the jurisdiction of foreign courts?

The question refers to Exhibit D, 32. CHOICE OF LAW provision in the proposed Agreement. The BOPC has elected to delete this provision from the proposed Agreement.

7. We [the facility] will require a clause in the contract introducing a cancellation notice period of twenty-eight (28) days’ notice, to protect [the facility] from the financial loss of the course costs and fees, in the event that the BOPC cancels a course booking at short notice.

Exhibit D, point 27. TERMINATION AT THE OPTION OF THE BOPC, in the proposed Agreement allows for thirty (30) days written cancellation notice. The BOPC has determined that this is sufficient termination notice, and is longer notice period than requested. The BOPC is unable to offer a cancellation fee.

8. Please explain why a lake of 40,000 square meters needed? Is a lake of 34,000 square meters acceptable?

Due to pilot scheduling issues, the BOPC typically sends 6 pilots at a time to 5-day manned model training. In order to operate a manned model, two pilots must be on each model, one in the role of pilot, and one serving as helmsman; up to three model vessels must be on the lake at the same time to complete the requisite training within the week. Three manned model ships working simultaneously on a lake require a minimum number of square meters of water in which to efficiently operate. From information obtained from pilots, a lake size of 40,000 square meters or larger should be a sufficient area to have up to three manned model vessels being used at the same time. Smaller surface area runs the risk of collision and/or delay jeopardizing safety and timely completion of the training sequence.

Additionally, the curriculum is compressed and very busy.

Exercises must be run concurrently but in isolation from one another, and are organized based on the location of key features in the lake such as docks, bays, and shallow water areas.

Without adequate space on the lake, manned models must spend more time taking action to avoid collisions as opposed to completing the exercise at hand, resulting in considerable lost time. A more relaxed curriculum may ease this problem at the smaller facilities but this results in safety sensitive training modules being eliminated from the training.

9. Please explain why a controllable water level training area of 22,000 square meters is required. Our facility has a precise, groomed maneuvering waterway and two tight turning basins, ideal for container ship operations in a challenging 2,332 square meter area.

Is this acceptable, and if not, please explain why not?

California Code of Regulations, Title 7, Division 2, § 215(b)(1) requires that manned model training provide realistic experience to that of commercial vessels which routinely transit the waters under the Board's jurisdiction. The training facility lake should be able to replicate the San Francisco Bay and its tributaries.

Additionally, seventy (70%) of the San Francisco bay and its tributaries are shallow. As such, the training facility should have as much shallow water training area available as possible so that exercises can take place in conditions which replicate the conditions found in San Francisco Bay and its tributaries.

10. Please explain why a third party engineering depth survey with “receipt” required? Our facility’s controllable water level training area is regularly drained dry, groomed and refilled. A survey seems pointless if one can walk around on the dry lake bottom.

A third party lake bottom survey is not a minimum requirement of the Request for Proposal. However, proposal evaluation points will be awarded to facilities that can demonstrate the lake bottom has been surveyed once in the past five years. See Section N, Evaluation Process, point 2. Technical Evaluation Criteria of the Request for Proposal.

11. Why is there no mention of Integrated Pilot Carry-aboard capability? Our facility has a precise DGPS Kinematic RTK set-up with integrated pilot carry aboard software and a pilot plug for any commercial PPU unit on our containership for maneuvering in shallow basins. This is very relevant to Pilot training and is essential to modern manned model training.

The SF pilots can bring their own laptops and plug into our manned model. This is a great advantage.

The BOPC does not agree with the statement that the use of a Portable Piloting Unit (PPU) in conjunction with manned model training is essential. The BOPC does not require pilots to bring PPUs to manned model training. The BOPC provides alternatives for acquiring PPU skill in other training forums.

12. Do Proposers have to declare intent to provide a proposal in order to be considered for award?

Yes. Proposers must declare intent as described in the Request for Proposal, Point D, page 2. The time schedule for “Intent to Submit a Proposal” has been extended to May 6, 2016, no later than 4:00 p.m. Pacific Time Zone.