Questions and Answers RFQ 459544.pdf

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Attached to
Construction Manager as Advisor Federal contract opportunity
Solicitation number
459544
Issued by
Department of Energy Office of Science

About this file

This document is a Questions and Answers (Q&A) file for Request for Quote (RFQ) 459544 issued by Brookhaven Science Associates (BSA) for Construction Manager as Advisor (CMa) Services for the Electron-Ion Collider (EIC) project at Brookhaven National Laboratory. The Q&A provides critical clarifications about the solicitation, including that there are no specific set-asides, though NYS Certified MWBEs are encouraged to respond. Joint ventures are permitted to submit proposals, and this RFQ is specifically for Design and Pre-Construction Services, with potential future solicitation for Construction/Post-Construction Services.

Key details include potential conflicts of interest restrictions under Article 39 of the Terms and Conditions, which may preclude the CMa advisor from bidding on projects directly stemming from this work. The solicitation is a new procurement with no incumbent vendor, and it is being managed by BSA for the U.S. Department of Energy. Potential bidders are advised that waiver requests for conflict of interest restrictions must be submitted in writing to BSA's Procurement & Property Management Division, with a full description of the proposed waiver and supporting rationale.

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Text version

Procurement & Property Management Division

P.O. Box 5000

Upton, NY 11973-5000 Phone 631-344-4605 kkirkenda@bnl.gov

Managed by Brookhaven Science Associates for the U.S. Department of Energy www.bnl.gov

Questions and Answers RFQ 459544

1. Will there be any goals/ set asides on this contract?

A. No. Any qualified companies are encouraged to submit a response. BSA does encourage NYS Certified MWBEs to respond to the opportunity.

2. Would you be able to share a list of potential bidders?

A. A list will not be shared.

3. Would be conflicted out of being the eventual builder of the project if we were awarded the CM Advisor contract?

A. See Article 39 of T&Cs.

4. Since this RFP is limited to Design and Pre-Construction Services, do you also intend to solicit for CM Services for Construction/Post-Construction Services at a future date?

A. Yes.

5. Can joint ventures can be formed to submit a bid/proposal in response to the above-mentioned solicitation for the EIC CMa?

A. Yes.

6. For the Construction Manager as Advisor solicitation, Article 39 of the General Terms and Conditions references the DEAR Organization Conflicts of Interest clause and that the performer of this award would be precluded on bidding any projects that “stem directly” from this work. Can Brookhaven provide the expected list of projects that would be considered as “stemming directly” from this constructability review that an awardee may be precluded from? Also, if the construction of this work is considered as

“stemming directly” from this work, would BSA’s PPM Division consider a waiver from a contractor that shows appropriate firewalls were set up between the constructability team and the team that would bid the construction per paragraph (e) of article 39?

A. A list up upcoming projects is not currently available.

Requests for waiver under this clause shall be directed in writing to BSA’s PPM

Division and shall include a full description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of BSA, BSA’s PPM

Division may grant such a waiver in writing.

7. If the work outlined in the RFQ is currently being performed under an existing subcontract for the Brookhaven National Laboratory, or if this is new work which is being procured. If there is an incumbent, is it possible to learn the name of the current vendor and corresponding subcontract number?

A. This is new work, no incumbent.

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