Answers_to_Added_Questions_Received_191BWC22R0002.pdf

191BWC22R0002 Page 1 of 2

Answers to Additional Questions Received Against 191BWC22R0002 – Sunland Park Levee Repair

57. Section G.05 provides goals for subcontracting. Are we required to reach these goals, or are they recommended goals?

Response 57: Contractors are required to make a good faith effort to reach the goals set in the Solicitation. The Contractor must document what efforts were made to reach the goals in the Subcontracting Plan. When a Contractor fails to make a good faith effort to comply with a subcontracting plan, these objectives are not achieved, and 15 U.S.C. 637(d)(4)(F) directs that liquidated damages shall be paid by the contractor.

58. Section G.05 provides goals for subcontracting. Please clarify if the goals stated in this table are percentages of the entire contract amount or percentages of our total subcontracted amount.

Response 58: Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantage business, and women-owned small business concerns as subcontractors.

62. A1- RFP- P 29, FAR 52.219-4. Provided that the Solicitation is being awarded based on best value and not on price alone, was this Price Evaluation Preference afforded to HUBZone?

Response 62: FAR 52.219-4(a)(2) states: The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

79. The response to question 78 indicates that: Section 01.45.00 1.11.C.1. is stating that the CQCSM shall be an engineer graduate from an ABET accredited college of engineering or shall be a registered PE in New Mexico and Texas.

Can we interpret this answer to mean that the “and” has been removed from the language of

01.45.00 1.11.C.1, as highlighted below?

CQCSM shall be an engineer graduate from an ABET accredited college of engineering and/or shall be a registered PE in New Mexico and Texas.

Response 79: Yes. See revised Specification Section 01.45.00 1.11.C.1.

80. Per Amendment 1, Revised RFP, Section B.3, Subsection I states, Offer shall provide Past Performance Questionnaires for all members of the Offeror’s team who are being proposed to perform at least 15 percent of the work. Please indicate if subcontractors performing 15 percent of the work are required to submit Past Performance Questionnaires to IBWC and if one Past Performance Questionnaire would be sufficient.

Response 80: Yes, subcontractors performing at least 15% of the work must submit Past Performance Questionnaires to IBWC and at least 5 shall be provided. Solicitation Section L.05 B.3.a. item v. clarifies that a minimum of 5 past performance questionnaires for each company including those identified in item i. (all members being proposed to perform at least 15% of the work) shall be provided.

81. Due to unreliable delivery service we have experienced from FedEx/UPS/USPS since Covid-19 began, would IBWC consider accepting an electronic bid submission?

Response 81: No.

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82. The response to Question 54 indicates that the scheduler, SSHO, and CQCSM may be outside consultants directly hired by the prime contractor. Specification 01 45 00 Quality Control 1.11.A.2 states that “The CQCSM shall be an employee of the Contractor.” Will you please update the specification for consistency with the response to Question 54 to eliminate this conflict?

FAR 52.215-8 Order of Precedence – Uniform Contract Format, incorporated by reference, suggests that the specifications would be interpreted as taking precedence over responses to bidder questions.

Response 82: There is no conflict. An independent consultant directly hired by the prime contractor is viewed as an "employee" of the Contractor. See revised Specification Section

01.45.00 1.11.A.2. for clarification. Note that FAR 52.215-8 lists "The specifications" below "Other documents, exhibits, and attachments" which include the Solicitation attachments providing responses to questions received. Therefore, these responses take precedence over the specifications. The only exception is in the event a conflict is identified between the specifications and drawings, per FAR 52.236-21 the specifications shall govern.

83. The answer to Question 53 (issued with Amendment 0004) states that the certificates of training must be provided for our personnel. Given the size limitations are these certificates required to be included with our proposal or after contract award?

Response 83: The training certificates required to demonstrate that key personnel (i.e. SSHO and CQCSM) meet the Solicitation or Specification qualification requirements must be provided with your proposal.