19GB5024Q0003_Pre-proposal conference_QA_V3 Final.pdf

ATTACHMENT 4

Pre-proposal conference – Multi Purpose Room

Site visit at CMR, DCMR and the chancery

U.S. Embassy Libreville

Date: October 10, 2024

Minutes from Pre-Proposal Conference of October 10, 2024, at 10:00.

Definition

Government: Government of the United States of America

COR: Contracting Officer Representative

CO: Contracting Officer.

APOSHO: Assistant Post Occupational Safety and Health Officer.

SHEM: Safety Health and Environmental Management.

CMR: Chief of Mission Residence.

DCMR: Deputy Chief of Mission Residence.

Introduction

A Pre-Proposal Conference was held on October 10, 2024, at 10:00. 4 different companies participated.

The visit consisted of a conference and actual visit of the various properties where landscaping services are to be rendered.

The Ground Supervisor, Alain Gibudi A-Gisupa, is the Contracting Officer Representative for this Contract.

The current Contracting Officer is Roger Riojas (Facility Manager).

The Contract assistant is Judith Abourou.

Discussion of the Solicitation Package

The following sections of the solicitation were highlighted:

The offer

Vendors were reminded that offers shall be in two (2) distinct volumes and include

1. Section 1 Pricing (SF-1449, pricing tables in Section 1 and DBA Insurance premium cost).

2. Section 3, Technical Proposal criteria (Technical, SAM Registration, Section 5, Representations and Certifications)

Vendors were also instructed to provide a completed list of references which shall include dates of contracts, places of performance, value of contracts, contact names, telephone numbers and email addresses).

(Refer to solicitation Section 3 for more details).

Emphasis was also placed on all legal documents which have to be part of their offer (refer to section 3).

Vendors were encouraged to provide proper offers with sufficient details to allow a good evaluation of the bids.

The Zadroga Act

Vendors were advised to pay attention to the Zadroga since this contract is subject to an excise tax of 2% per regulation. Accordingly, this applies to all payment under this contract.

Payment of Invoice:

Vendors are reminded that every single payment will be deducted by 2% (Zadroga Act), and that amount cannot be listed as a line item on the invoice.

For payment, invoice shall follow guidance provided in DOSAR 652.232-70 (on page 44).

Scope of Work

The Contract assistant did a thorough review of the scope of work in Section 1 and Attachment 1 and vendors could ask questions for clarification.

The COR explained that the goal of the Government is to remain ecofriendly. Recycling of garden debris is highly encouraged under the performance of this contract. During the site visit, vendors were able to see locations in the garden where recycled debris are kept in order to create bio compost.

The COR also explained at that the third location (DCMR), soil has a different condition, compared to the other two. In fact, the soil is marshy and could present a challenge for plants.

Solicitation & Contract clauses

Offerors were asked to pay special attention to the following clauses:

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.228-3 Worker’s compensation Insurance (JUL 2014)

52.228-5 Insurance-work on a government installation (JAN 1997)

52.229-6 Foreign fixed price contracts (FEB 2013)

52.217-8 Option to extend services (NOV 1999)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

52.232-19 Availability of funds for the next fiscal year (APR 1984)

652.204-70 Department of state personal identification card issuance (MAY 2011)

SAM Registration

The Government reinforced the importance to start the registration process in SAM right away, since this is mandatory for the current contract, and prospective contractors shall be registered in the SAM database at time of submittal of an offer (FAR 4.1102).

For this purpose, Procurement office is willing to assist potential vendors by providing supplemental guidance documents which are normally available at sam.gov.

https://acquisition.gov/far/52.204-23 https://acquisition.gov/far/52.204-25

Evaluation factors

The evaluation factors were presented to the vendors (Compliance review, technical acceptability, price analysis, determination of responsibility and Defense Base Act Insurance).

Questions:

The attached questions were asked during the conference:

Vendors were informed that they are allowed to ask further questions up until Friday October 18, 2024, at 1200, local time.

Conclusion

The conference concluded and attendees were thanked for their presence and expression of interest in serving the U.S. Government. The meeting was adjourned at 10:57 and the site visit ended at 12:50.

Enclosure: Questions and Answers (1 to 34).

SENSITIVE BUT UNCLASSIFIED SENSITIVE BUT UNCLASSIFIED

Questions & Answers

1 – You have explained that Temporary Additional Services are those required at times other than the normal workday, are these only for Gabonese holidays or shall we also take into account American holidays?

Answer:

Per “1. Scope of work”, Temporary Additional Services are services that are defined as Standard

Services but are required at times other than the normal workday. These services shall support special events at the Post. This would include both American and Gabonese holidays, after hours and weekends.

2 – As far as the 2% tax is concerned, you have mentioned that it should not be listed on the invoices. In terms of accounting, how can we justify the discrepancy between the invoice and the payment received in the financial system? Even, in terms of justification to be provided to the Tax Office, this becomes complicated. Could you enlighten us?

Answer:

Indeed, the 2% tax shall not be listed on your invoice as a separate line item. As mentioned in the solicitation, all payments will therefore be deducted by 2%.

For accounting justification, please note that the contract document includes explanation regarding the excise tax withholding in 52.229-12 paragraph c (page 36) and also the following statement underneath Section 1 (page 3):

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010

NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT

TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE TAX OF 2% PERSUANT TO 26

U.S.C. 5000C.

3- Are we required to pay for the DBA Insurance now?

Answer:

No, you shall provide a DBA quote. Refer to page 51 in Addendum to 52.212-1, in A.1. You are not required to subscribe at this step. The awarded offeror shall be the one who will pay and subscribe for the DBA premium.

4- Is there a testing period for evaluation purpose for the selection of the contractor?

There is no testing period. There is only a transition period which allows for a transition between the current contract and the new award (this would serve for all administrative processing before commencement of services).

Evaluation criteria are listed in “Section 4 – Evaluation factors” (page 56).

5 – Shall the offer be in English?

Per our cover letter, proposals must be in English and incomplete proposals will not be accepted.

Refer to 52.214-34 on page 54, to 52.225-14 on page 38, and finally to A.2. in paragraph 7(g).

Additionally, we have also requested that supervisor have sufficient English language skill to be able to communicate with members of the U.S. Government staff (A.2. in paragraph 1 page 51).

6 – Is there a current gardening contract?

The contract has already expired. We have issued a purchase order to cover for the current services while we are competing this requirement.

7– What is the difference between the work plan and the Ground Maintenance Plan?

Please refer to section 3 of solicitation provision and review A.2. in paragraph 7 (a). The work plan shall demonstrate the overall management approach to provide the required services. This will be an indication that the vendor understands the scope of work.

As far as the Ground Maintenance Plan is concerned, it will be an annual document that will reflect the proposed frequency for meeting the requirements of our contract as indicated in 1.3.5

(page 8), and it shall include the following plans, amongst others:

Lawncare plan (1.4.6)

Pruning plan (1.5.2 / 1.5.3)

Watering plan (1.9.2)

Fertilizing plan (1.10.2 / 1.11.2)

Pest and disease control plan (1.12).

Please note that you are also required to provide a brief Ground Maintenance Plan, in your offer, as indicated in A.2. in paragraph 7 (f).

8– Could you provide the different links that are required to complete the SAM registration?

Step 1 – Get an NCAGE Code

• An NCAGE is required for all foreign entities otherwise the registration will be considered incomplete.

• The vendor can submit their request for an NCAGE Code by going to the NATO Support

Activity (NSPA) NCAGE Request Tool at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

• After the vendor requests the NCAGE code, the vendor will have to search BINCS to see if their information has been received.

• Some countries may take several weeks for the information to be sent to BINCS. We noted that for Gabon, it takes 48 to 72 hours.

• Once the information has been received by BINCS the vendor can now start the registration process for SAM

• Please note that the legal business name and physical address MUST be exactly the same in all systems: NCAGE and SAM.

• The address has to be a street address containing no special characters.

Step 2 – Get a Unique Entity Identification Number (UEI)

• Before a company can register in SAM, the vendor must also get a UEI Number. Please visit www.sam.gov for that purpose.

You will be required to provide legal business documents in both original and English versions (certified translation).

https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx http://www.sam.gov/

Step 3 – Register in SAM

• To start your registration log back to www.sam.gov .

• You need to have all the necessary information regarding your company (number of employees, your average income, key contact for SAM, etc…).

• SAM imports the NCAGE information and compares it. If the information is not exactly the same, the vendor will not be able to register in SAM.

Per the cover letter, prospective quoters are required to complete the required portions of the

Standard Form 1449 (on page 3 and 4) of the solicitation documents (11, 12, 17a, through 24, 30a through 30c).

The Embassy is not responsible for any information or processing by the General Services

Administration for SAM registration. The steps provided above are for informational and administrative purposes only. Only the SAM.gov website and GSA can provide the precise instructions, requirements, and approvals for SAM registration.”

9 – Can the landscape be modified

Answer:

Yes, it can be modified but nothing can be done unilaterally. All actions shall be within the scope of work and after approval of the Contracting Officer Representative. Any action that is not within the scope of work, that requires a modification of the contract or an increase in funds can ONLY be approved by the contracting officer.

10 – Where do we store the equipment, is there a storage?

Each location has, indeed, a storage room. Please note that all storage rooms shall be kept neat and cleaned at all times. It is the responsibility of the contractor.

11 – Do all sprinklers work?

No. The automatic irrigation system does not work correctly. Use moto-pump in dry season to ensure watering.

http://www.sam.gov/

12 – Is there only one water point in the chancellery?

No there is a watering system with 6 water points.

13 – Do you have a detailed plan for trimming / pruning?

This is the type of action/planning that is to be included in your Ground Maintenance Plan

(Section 3, in A.2. in paragraph 7 (f).

14 – We have noted that some plants are dead, shall we replace them?

15 – With regards to remedy, you have explained the contractor shall replace any tree, bush or shrub that is killed during contract period. Will this be the case when it is a result of natural disaster (thunder, etc.…) or if the plant has reached its life cycle.

Answer:

Please note that we are specific in 1.5.4 “At no additional cost to the Government, the Contractor shall replace any tree, bush or shrub that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the Contractor.”

16 – If the Government itself requests to change exceptionally a plant, who will pay?

The Government will pay.

17 – Has the Government put in place a system for pesticide application to maintain the garden?

Answer:

18 – Do you have a detailed plan on the height of the lawn?

This is what we wish you to include in the Ground Maintenance Plan (refer to Section 1 1”.

Scope of Work” in paragraph 1.4.). The height shall be between 4 and 6 centimeters.

19 – Do you have a comprehensive list and a plan of all the existing plants located in the different locations?

Yes, we do, and it will be provided to the awarded contractor.

20 – To follow-up on the previous question, please note that we are conducting a visit today, but it is anticipated that the garden will not remain the same at time of award. Also, it will be difficult to remember all aspects of this visits, could you provide a document to help us provide a proper offer?

Answer:

The vendor is to propose according to the current information available a time of submission.

Both the Government and the Contractor will be making an initial visit to the site before the period of performance. This will enable both parties to have all specific characteristics of the various gardens at that time. This visit will help finalize the Grounds Maintenance Plan accordingly.

21 – Could the Government provide pictures to the contractor? The idea is to have an image before the period of performance and after performance.

Answer:

22 – There are several pipes in the garden located at this area of the compound (consular building area), are those for the irrigation system? If yes, shouldn’t there be located underground?

Answer:

These are indeed for the irrigation system. Please note the difference between these pipes and the ones located near the chancery entrance which are underground. The pipes on the ground have little holes to water the grass. The ones underground is linked to the sprinkler system which will make water squirt upward.

23 – Is it not a risk to have the pipe on the ground? Wouldn’t those be damaged by cutting equipment?

Answer:

As the expert, you are expected to perform cautiously while performing under this contract.

Also, there are several types of lawn mower, and you are expected to use the appropriate equipment to avoid any damage.

24 – Is there a delay to remove dried leaves / grass?

Please refer to 1.6 in section 1. “1. Scope of work”. You are also reminded that, per “1.2

General Requirements”, maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S. Post and properties are an important part of the representational responsibilities of the U.S. mission. Therefore, the appearance of the landscape shall be kept neat at all times and leaf removal shall be done accordingly.

25 – Is it possible to test sample plants in the garden itself?

There are specific locations on the garden for that purpose (this was shown to vendors who attended the site visit).

26 – Is it possible to have a list of the pesticide that were used in this garden and provide details on which ones had worked and which ones did not?

Answer:

Please note that emphasis is put on ecofriendly products. We do not have a list of products to provide because we follow the most updated guidance provided by SHEM. In fact, as time goes by, products that are approved today, can be removed from authorized list when deemed dangerous. During the performance of this contract, you will submit your list of products to the

COR to be reviewed by our POSHO.

27 – This requirement has 3 locations; do we provide pricing table per site?

No, pricing is per total square meters.

28 – What is the size of the storage?

NEC / 11m2

CMR / 12m2 + a rest room

DCMR / 8m2

29 – Shall team remain in the different site; can they move around?

This is determined by the Contractor, in line with “4.5.3. List of Personnel”. You are reminded that the Government shall not suffer from any under staffing.

30 – With regards to coconut trees at CMR, is it not a danger for workers?

Coconut trees are taken care of regularly and do not present danger to staff. Also, it is forbidden to work under severe weather conditions.

31 – With regards to water which stagnates at DCMR, is there a way to handle its evacuation, are we required to care of that?

Answer:

There is already mechanism in place to evacuate the water. However, it does take a little while before it does, and the garden would be flooded for a bit after a heavy rain (at least 3cm). You are not expected to handle any evacuation work.

32 – Are there sprinkler systems in DCMR and CMR?

No. However, we have provided watering points all around the compounds to allow all-season watering with ease.

33 – If equipment is lost, who will assume the responsibility?

Please refer to all the details included in 6. Insurance. All points are very important.