RFI Responses (Part 2).docx

RFIs and Responses

1. Is this project sales tax exempt? If the project is sales tax exempt can the government provide a sales tax exemption certificate?

a. Yes it is a tax exempt project. However, the Government shall issue the tax exempt form after award.

2. Can the required SSHO positions be fulfilled by the qualified superintendent?

a. Yes.

3. Will the Government provide comprehensive written badging requirements for the project if badging is required?

a. Badging will not be required.

4. Will the Owner or GC be responsible for purchasing testing and lab services?

a. Yes. This should be included in your proposal.

5. Where will the designated parking area be for workers accessing the construction site?

6. Will the Owner accept the use of the industry leading Procore Project Management software as the primary submittal and data tracking tool for this project?

a. Yes. If the awardee offers that software, they are expected to set it up, maintain it, and ensure all parties, to include CO, COR, District PMs and the VA’s Construction Performance Inspection Service (CPIS) contractor, has access to review and approve as needed.

7. How soon after award is NTP expected to be issued?

a. An administrative NTP shall be issued after performance and payment bonds have been submitted and verified. This will allow the contractor to start submitting submittals, plans, schedules, etc as needed. The construction NTP is not planned to be issued until mid-March at the earliest due to weather restrictions.

8. As a result of the effect of COVID-19 throughout the U.S., and the resulting Federal, State, and local governments’ responses/ requirements of safe distancing and potential advocations of working remotely and/or complete organization closures, please advise how the Government intends to address delays resulting there as it pertains to the current solicitation schedule for this and all future projects.

a. All delays are reviewed case by case. If there are delays resulting from COVID-19, the Government shall review the matter and address it appropriately. It will be the contractor’s responsibility to provide supporting documents and a description as to how the situation has affected the schedule.

9. Will pay applications for materials secured on site or in a bonded warehouse be approved for payment?

a. Yes. All material must be onsite or at a bonded warehouse and inspected prior to payment. If at a warehouse, the contractor must inform the Government and allow us to inspect it prior to payment.

10. Will the government consider the inclusion of an Economic Price Adjustment Clause in accordance with Federal Acquisition Regulations (FAR), Subpart 16.203 "Fixed-price contracts with economic price adjustment" and the related contract clause language in FAR 52.216-2, 3, 4? We believe such a clause is appropriate for the following reasons:

· The contract involves an extended period of performance with significant costs to be incurred beyond 1 year after performance begins;

· The project POP is for 6 months. The Government intends to issue the NTP no later than mid-March, which is within 6 months of award. This project is not expected to go beyond 1 year. The FAR clauses that you mentioned in the solicitation are not applicable for this solicitation.

· The contract amount subject to significant fluctuations in price is substantial [may want to list specific examples of highly unstable pricing items within the scope]; and

· The contractor shall base it’s price on possible fluctuation of material needed for this project. Contractor is encouraged to make sure that the “IFB Lump Sum Division Spreadsheet” provides accurate cost for Division 3 “Concrete”.

· The economic variables for labor and materials are too unstable to permit a reasonable division of risk between the Government and the contractor, without this type of clause."

· As mentioned before, The contractor shall base it’s price on possible fluctuation of materials

11. Does this project comply with the NEW Biden Administration Executive Order 14005 concerning the Buy American Act? This executive order limits the purchase of materials from previously approved countries to include Canada and Mexico. Can you please confirm whether materials or equipment manufactured in these previously approved Buy American Act countries outside the United States can or cannot be used on this project?

a. Yes. Please review FAR Provisions 52.225-1 & 52.225-9 and clause 52.225-10 of the solicitation for details. There hasn’t been any approval of any deviations these provisions and clauses. All material that are not IAW these clauses must be submitted to the Government for proper approval.

12. Liquidated Damages are meant to be punitive for having a non-functional work area/site by a due specific due date. This project may disrupt access to a small area of the site at a given time however the majority of the Cemetery will always be operational. Also, the timeline of 183 days is problematic due to seasonal weather causing asphalt plants to close from November to April most years. Given these aspects of the project, would the VA Consider removing Liquidated Damages from this project?

a. No. The Government intends to issue the NTP by mid-March. The 183 days will start then. We shall provide an Administrative NTP to allow the contractor to submit any pre-construction submittals and documents. This will allow the contractor to start immediately after the construction NTP is issued.

13. Will the VA consider extending the period of performance to 365 days to allow for the shutdown during winter months?

a. No. The Government believes the 183 days from the NTP are efficient. Period of performance will not start until after the official construction NTP is issued.

14. Will the VA allow for equipment to be left on site over night? Mobilizing and demobilizing paving, digging, or any large equipment daily is very costly.

a. Yes, contractor may leave equipment onsite in designated areas provided. However, the Government shall not be responsible for any equipment left onsite. That includes, but not limited to, damage and theft.