QandAs for OBO Roof IDIQ.docx

1. When is the response due? 11 Jan (as stated in this section) or 12 Jan (as shown in SAM.GOV)? Also, both those dates are weekend days, so we assume the deadline should be changed due to that for starters.

DOS Response: The response due date was scheduled for January 11. It has been noted that the day falls on a Saturday. However, due to the number of questions the due date has been extended to January 17, 2025 by 4pm ET.

2. Given the deadline for submitting questions is only 6 calendar days away from the submission deadline, and that deadline is currently a Saturday or a Sunday depending on which date is correct, we request a submission extension to at least 7 workdays after the response to questions are published so we have time to adjust our proposal to incorporate any changes needed based on the government's response to questions.

DOS Response: The response date has been changed to January 17 by 4pm ET.

3. Is the government interested in any safety related awards, commendations, etc. or just quality?

DOS Response: The government is seeking a demonstration of the offerors ability to perform similar services to what is being requested in the Statement of Work. The offeror can choose what to include in their demonstration of abilities.

4. This paragraph says that the "U.S. Person" is the majority (=>51%) JV partner. Then the next sentence says, "the exact legal entity that prequalified…as a "U.S. Person" will be the entity eligible…for award." Question: If the majority partner is the one pre-qualifying as the "U.S. Person", then does that mean only that partner is eligible for award or is the JV (i.e., the entity made up of the "U.S. Person" and another company) the entity that is eligible for award?

DoS Response: If the offeror is proposing as a JV, then it must be structured as a formal JV. Whomever is being prequalified as the U.S. person from the majority (51%) JV member must be the one certifying the Omnibus Pamphlet. As stated in the SAM Announcement “The exact legal entity that prequalified under the Omnibus Act as a “U.S. Person” (Prime or JV) will be the entity that is eligible to be considered under Phase 2 and for award.“ If the JV is prequalified then the award will be made to the JV.

5. The definition of "Issuance Date" refers to the date in Block 3 of the Standard Form 1442, however there is no SF1442 in the solicitation package. Please confirm the correct date from which the 5 years should be measured.

DOS Response: Since this is a multi-phase solicitation the 1442 will not be issued until Phase II. The definition noted in the pamphlet is standard language for the Omnibus Certification Pamphlet and cannot be altered.

6. The pamphlet asks for 1 or more projects to be included/attached to it in the submission. However, the capabilities statement requires at least 3 projects each valued at over $1M in the last 5 years. Does the government want to see different projects in the pamphlet submission than the cap statement or can we use one or more of the cap statement projects also in the pamphlet?

DOS Response: The capability statement can shall include a high level of contract information valued at $1M in the last 3 years. The submissions requested on the pamphlet can be more detailed as to what work was being performed, issues experienced and how the issues were overcome, etc. The projects can be the same.

7. This question's text is: Section 402(c)(2)(E): “The term ‘United States person’ means a person which—with respect to a construction project under subsection (a)(1)—has achieved a total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the date specified in subparagraph (C)(i).” Question: What is the "value of the project being bid?" We see no specific project listed and no assumed value of any project except that the minimum value of past experience projects is $1M. Therefore, may we assume that the revenue amount in 3 of the 5 past years has to exceed $1M?

DOS Response: Since this is an IDIQ there is no estimated project value. However, please use the $1M as the standard minimum value.

8. What documentation does the government desire to see to demonstrate "adequate monetary arrangements" and sufficient financial resources? Also, since our JV is formed from two U.S. based entities controlled by U.S. Citizens, will the government also accept demonstration of adequate monetary arrangements being contributed by the minority partner as part of the JV satisfying this requirement?

DOS Response: As an example, the offeror can submit documents to include bonds, letters of credit, financial statements, etc. If forming a JV the demonstration shall be from the entity seeking the prequalification as a U.S. Person.

9. What documentation does the government desire to see to demonstrate "adequate monetary arrangements" and sufficient financial resources? Also, since the JV is formed from two entities, will the government also accept demonstration of adequate monetary arrangements being contributed by the minority partner as part of the JV demonstrating this capability?

DOS Response: Same comment as #8 above.

10. If the offeror is a Joint Venture entity under the SBA Mentor Protégé Program and the Mentor (member of the JV) has Facility clearance, is the Joint Venture entity required to have facility clearance? Is the Protégé entity required to have facility clearance as well?

DOS Response: A joint venture may be awarded a contract requiring a facility security clearance where either the joint venture itself or the individual partner(s) to the joint venture that will perform the necessary security work has a facility security clearance. If performance from an unpopulated JV both participant’s employees, the JV may require an FCL due to ancillary access to information during the participants performance of the contract. and performance both participants will be required to have an FCL. If performance will be by one participant’s employees, the JV may require an FCL due to ancillary access to information during the participants performance of the contract. At least the participant performing the classified work will be required to have an FCL.

11. If the offeror is a Joint Venture entity under the SBA Mentor Protégé Program and the Mentor (member of the JV) has Facility clearance, the JV entity and Protégé entity does not have facility clearance, and we would advance to Phase II…

DOS Response: See the answer above. Please note that this requirement is a total small business set aside, the small business protégé partner shall perform at least 40 percent of the work performed by the joint venture. The work performed by the protégé must be more than administrative or ministerial so that it gains substantive experience.

12. Please confirm: We would have 120 days to obtain additional Facility Clearance. If this clearance is not achieved in the 120 days then the JV would not be able to participate in Phase II.

DOS Response: As noted in the IDIQ Roofing SAM announcement attachment the Government will allow 120 calendar days from the notice of pre-qualification for firms to obtain the necessary FCL. DOS sponsorship does not guarantee that the Offeror will receive the FCL, nor that it will be received within the 120-day period. The Government will not be obligated to extend its solicitation schedule, or to make an award to a sponsored, pre-qualified firm, if that firm has not been issued an FCL.

13. The RFP announcement states…

If a Joint Venture (JV) is formed, the company having 51 percent or greater interest in the JV must be the one completing the pamphlet and meeting the “U.S Person” definition/criteria. The exact legal entity that prequalified under the Omnibus Act as a “U.S. Person” (Prime or JV) will be the entity that is eligible to be considered under Phase 2 and for award.

If the company/entity that has the 51% ownership of the JV completes the pamphlet as the US person organization wouldn’t this 51% company then be the exact legal entity. How do we complete the Omnibus as a JV entity as the offeror?

DOS Response: The JV is considered to be the offeror, but the 51% majority JV entity must meet the U.S. person definition. If the offeror prequalifies as a U.S. Person Joint Venture, the JV itself must also be registered in SAM.gov for award.

14. If the offeror is a Joint Venture entity under the SBA Mentor Protégé Program, is the name and address of the US person organization the Protégé? Is the name and address of the firm seeking prequalification’s the JV entity?

DOS Response: It is the US person entity that must meet all of the certification requirements. The entity owning 51% of the JV must meet the Omnibus criteria. Use the address of the entity seeking prequalification

15. Omnibus Question #3: If the offeror is a Joint Venture entity under the SBA Mentor Protégé Program, is the JV entity required to be in business for at least 5 years? JV entities usually do not have this amount of history. If the JV entity does not have the 5 year requirement then would we submit certificates of organization from each of the co-venturers entities for question #3(ii) to meet the requirement of each co-venturer having been in business for greater than 5 years?

DOS Response: It is the entity that is seeking prequalification on behalf of the JV

16. Omnibus Question #5(a): If the offeror is a Joint Venture entity under the SBA Mentor Protégé Program, do we list the gross receipts of each co-venturer entities and the JV (offeror) entity gross receipts to qualify the experience and financial resources of the JV entity/offeror? JV entities gross receipts alone would not be a fair measurement of this qualification for the government to analyze. Some JV entities do not even have 3 years of gross receipts.

DOS Response: It is the entity that is seeking prequalification on behalf of the JV

17. Omnibus Question #6(b): If the offeror is a Joint Venture entity under the SBA Mentor Protégé Program, do we list the number of permanent full-time employees of each co-venturer entities or do we combine the totals? Usually, JV entities have only one administrative employee and thus the JV’s are non-populated JVs.

DOS Response: The JV shall list the number of permanent full time positions in the United States that will be working under this JV.

18. Omnibus Question #8(c): Are the Names of the co-venturers the names of the coventurer entities owners or are they the names of the businesses/coventurers that make up the JV entity?

DOS Response: The names being listed shall be the ones that make up the JV entity