Q&As_4-3-2019_FBO.pdf

Ballast Water Treatment Systems (BWTS) Industry Day Questions and Answers for RFI #19-SBO-002

3 April 2019

Note Industry Question Government Answer 1 Is UV BWTS the only focus for the proposed RFP? Yes.

2 Does the Military Sealift Command (MSC) follow the same requirements as the Navy?

The requirements are different. The draft BWTS Performance Specification is applicable to US Navy ships (USS). Military Sealift Command ships (USNS) generally use commercial specifications.

3 Does the Navy anticipate using one manufacturer to supply the BWTS for all Navy ships?

The Government may potentially have multiple manufacturers, but one manufacturer is preferred to provide equipment standardization.

4 If the BWTS meets USCG type approval requirements, will it be considered that the Navy requirements are met?

No, the BWTS will need to meet the requirements in the Navy BWTS Performance Specification.

5 Will the FFG(X) use commercial equipment? The Government intends to develop a militarized BWTS for use on US Navy ships.

6 The anticipated Navy BWTS contract timeline is five years, but the Navy is required to have a BWTS for ships with a keel laid date on or after 1 Oct 2020. Is this a compliance risk?

The development of the militarized BWTS is a priority for the US Navy.

7 Are there any other requirements for test labs beyond shock, vibration, and EMI?

Operational testing is also required. Although the test facilities have not been selected, the Government envisions a facility on the east coast for operational testing. Additional information may be provided in the Request for Proposal (RFP.

8 Does the Navy have any programs for backfitting existing ships?

The DoD Manual 4715.06, Vol 3 does not require backfit of existing ships.

9 UV BWTS treats ballast water on the way in and on the way out. Would the Navy consider continuous in-situ UV treatment?

UV BWTS are designed to provide UV treatment during ballasting and deballasting operations. At this time, continuous in-situ treatment is not being considered in the draft BWTS Performance Specification.

10 Will the RFP define the test facilities? The test facilities have not been selected.

Additional information may be provided in the

RFP.

11 What would be considered a ballast water management-ready facility?

A ballast water management-ready facility may be onshore or on a ship. In general, the facility has BWTS pump(s) and piping ready, space and power available onboard for BWTS.

12 Is USCG type approval required for the award of the Contract?

USCG type approval is not required for the award of the Phase I contract. However, the Contractor must demonstrate the completion of either land-based or shipboard USCG type approval testing.

13 Does the Navy require shipboard testing? The test facilities have not been selected. The standard BWTS may be shipboard tested.

14 Does the Contractor need to repeat USCG type approval, if already passed?

No, the Contractor is not required to repeat the USCG type approval testing. However, the contractor shall include evidence to demonstrate that the existing design has completed USCG shipboard or land-based testing to compete for Phase I.

15 Does the Navy have any ruggedized requirements that aren’t allowed, such as resilient mounts, flexible connections, plastic piping, etc.?

Specific requirements are provided in the draft BWTS Performance Specification. Resilient mounts and flexible hosts are allowed, but they must meet military standards. Plastic piping is not allowed.

16 Will this program follow the formal DoD Acquisition Process? What is the Acquisition Category (ACAT) criteria?

The BWTS requirement is not an ACAT program.

The funding is not a program of record, it will not follow the formal Federal and Defense Acquisition Regulation procedures.

17 What are the data rights requirements for proprietary and trade secret data?

The Government is evaluating the data rights requirements for the Technical Data Package developed under this requirement, and will specify in the solicitation. The Government however is considering Government Purpose Rights and Unlimited Rights Data.

18 Are we anticipating more than one contract and does the budget support the multiple awards?

The Government anticipates multiple-award contracts, and will develop a budget to support the total resultant contract effort.

19 Is cybersecurity a requirement? Refer to the draft BWTS Performance Specification for cybersecurity requirements. The draft specification will be modified to incorporate MIL- DTL-32613 for additional cybersecurity requirements.

20 Will NSWC Philadelphia Division handle cybersecurity?

The Government is evaluating cybersecurity requirements; thus, cannot provide a response at this time.

21 Will the Navy develop a test evaluation master plan?

Individual test plans will be developed in Phases III and V for the Compact and Standard designs, respectively. Refer to the draft BWTS Performance Specification for information on testing. The Government will consider the recommendation to develop a Master Plan.

22 Will the BWTS be subject to International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), especially if the manufacturer is foreign?

The Government is evaluating the requirement;

thus, cannot provide a response at this time.

23 How does the Navy handle unclassified sensitive information?

Distribution of controlled unclassified information including business sensitive information will be limited to personnel with a need to know. The information may be categorized as Distribution D (Distribution authorized to the Department of Defense and U.S. DoD contractors only), Distribution C (Distribution authorized to U.S.

Government agencies and their contractors), Distribution B (Distribution authorized to U.S.

Government agencies only), or Distribution A (Approved for public release).

24 Will the Navy release the design data to the public if it is requested through the Freedom of Information Act (FOIA)?

No. All technical data generated under this requirement will be distributed in accordance with the permissions of use identified at time of contract award.

25 Will the contractors be notified when the RFP is released?

The RFP will have a different solicitation number when it is released on FBO. Contractors can refer to the RFI number #19-SBO-002 for most up-to-date information. The Government intends to release the RFP no later than August 2019.

However, the Government will post a pre-solicitation notice 30-45 days prior to its release, and may provide a courtesy email notification to contractors who are in the distribution list.

26 Who is the Government POCs for ITAR and EAR? The Department of Commerce, Bureau of Industry and Security has jurisdiction over EAR. For assistance with export, please contact the Exporter Counseling Line at 202 482-4811. The Department of State has jurisdiction over ITAR.

General questions should be addressed to the Directorate of Defense Trade Controls (DDTC) Response Team at 202-663-1282 or by email at DDTCResponseTeam@state.gov.

27 If the BWTS has been tested for shock, is the shock test still required?

If the BWTS has been modified since the shock test, the shock test will need to be repeated or test data will be required to demonstrate equal or better performance. The facilities for the conduct of shock testing must be approved by the NAVSEA Shock Technical Warrant Holder.

28 Will the Navy consider starting the BWTS from scratch?

The current contract approach is to develop the Navy BWTS based on proven commercial designs.

29 What are the space and weight limits? The current draft BWTS Performance Specification does not provide a space and weight limit. Space and weight limits will be ship specific. However, the BWTS space and weight may be considered for contract award.

30 The Compact and Standard BWTS capacities are provided in a range. Is it acceptable if the proposed BWTS is within the range? For example, can a system’s maximum capacity be in the middle of the required range?

Yes. Note that the draft BWTS Performance Specification does not allow the degradation of flow rate except during filter backflush.

31 During operational testing, does the Navy plan to augment the water?

No. Although test facilities have not been selected, the Government will not require augmentation.

32 What place do engineering firms have in this effort?

Engineering firms with expertise in military standards can help BWTS manufacturers ruggedize the design to meet Navy requirements.

33 Will the government pay for shock and vibration tests?

Yes, when specified in a Task Order.

34 Will the Navy use the Original Equipment Manufacturer (OEM) to conduct BWTS maintenance?

Maintenance is outside the scope of the proposed RFP. A maintenance strategy will be developed as part of ship integration.

35 If a system consists of duplicate modules that are added on to scale up/increase capacity of the system, when will the manufacturer be locked into the same processes for Phases IV and V as we were in Phases II and III?

Task Orders will be awarded to support the phases. If awarded for Phases IV and V, the contractor may propose changes to the Phase I detail design to further develop the Standard BWTS, as part of their proposal response to a Task Order solicitation.

36 Can you include all the government contact information for the applicable attendees at this meeting?

Because of limitations on personally identifiable information, only the government attendees’ names and organizations will be posted on FBO.

Contact information for contracting personnel assigned to this requirement, is available in the Sources Sought/Request for Information notice.

37 When will a decision be made regarding small business set-aside and will it be clearly decided before the solicitation goes out?

The Government will make a set-aside determination after completing an assessment of all market research collected including the responses to the Sources Sought/Request for Information notice. The set-aside determination will be clearly specified in the solicitation.

38 We understand that the US Navy is looking for a design of a NAVY BWTS, starting from an existing commercial design, for ships built after October 2020 (keel-laid). Within the solicitation evaluation factors, will credit be given for a design that facilitates retrofits into in-service ships?

The Government will evaluate all responses received under the Sources Sought/ Request for Information notice, and will determine what approach will best satisfy the Government’s requirement. The evaluation criteria and basis for award will be specified in the solicitation .

39 Does the US Navy have a plan or the intent to develop a plan to retrofit existing, in-service ships?

No, the DoD Manual 4715.06, Vol 3 does not require backfit of existing ships.

40 Do other services (i.e. Army watercraft, or US Coast Guard) intend to join this program?

No, this requirement is intended to satisfy a need on U.S. Navy surface vessels.

41 At the Industry Day the US Navy stated that the intent of this program is to award a contract to 2 or more bidders to develop a NAVY BWTS system with the data rights owned by the US NAVY. Will the Navy reconsider the data rights issue, or offer to buy the Technical Data Package (over and above the cost of the BWTS development)? The US Navy should consider the commercial incentive to compete on this program will diminish, as bidders are being asked to develop a technical solution that will then be put out for bid, potentially resulting in another company winning the program and then competing with the designer in the commercial market (helping establish a commercial competitor).

The Government is evaluating the data rights requirements for the Technical Data Package developed under this requirement, and will specify in the solicitation. The Government however is considering Government Purpose Rights and Unlimited Rights Data.

42 Can the US Navy provide more information on the Cybersecurity requirements for this program?

The draft BWTS Performance Specification refers to the Defense Information Systems Agency guides. The Specification will be expanded to include MIL-DTL- 32613.

43 We recommend the US Navy include UV Transmittance in their requirements. The US Navy stated at Industry Day that since the USCG is only mentioning UV Intensity, that is what the requirement will address. However, we urge the US Navy to consider that it is very difficult to choose a BWMS if the requirements do not state what is the worst-case water condition it intends to treat.

The Government will consider the recommendation to include UVT as a performance requirement.

44 Can the US Navy provide the RDT&E program element (PE) line that this program falls under?

No, the Government cannot provide the RDT&E PE line that this program falls under as this is not a program of record.