JW QnA 4.27.21 FIbreboard.pdf

Questions and Answers during Advertisement for CA FTFS 0007(1) Fibreboard Road

April 27, 2021

Questions Answers 1 Due to Covid-19 pandemic, the fluctuation of the raw materials to complete this project such as oil changes drastically. This places the contractor to greater risk in addition to the FFP contract type.

Is it possible to negotiate the contract type from FFP to FFP with EPA (see FAR 52.216-2)?

FAR clause 52.216-2 does not apply to this solicitation. Based on the limited construction duration and market trends observed in the past year the inclusion of EPA is not reasonable.

Therefore, the contract type will remain Firm Fixed Price.

2 The section 109.08(b) conflicts with the Prompt payment act (see

FAR 52.232-27). Is the successful offeror is able to submit an invoice as soon as the work is accepted by the Government regardless of the time restriction set by the FP-14 and SCR and comply to 14 calendar payment in accordance with the Prompt payment act?

No, see FAR clause 52.232-5(b).

Measurement and Payment will remain as stated in Section 109 of the FP- 14 and SCR’s.

3 The Traffic Control Supervisor is not included in the Bid Schedule. Are you going to require a TCS for this project?

Provide a Traffic Control Supervisor in accordance with FP-14 156.09. The Traffic Control Supervisor will not be directly paid for per FP-14 156.11.

The cost will be incidental to the other temporary traffic control items and will be included as indirect pay per FP-14 109.05(b).

4 What is the order of precedence in case there is a conflict between the contract documents? Do you follow FAR 52.214-29?

The order of precedence is stated in FP-14 Subsection 104.04. FAR 52.214-29 does not apply because uniform contract format does not apply to this Construction solicitation FAR 14.201-1(a)(1).

5 In our experience, there are additional works embedded on the specification and drawings that are not included to the bid schedule. This creates an ambiguity to the contract. Contra proferentem also known as "interpretation against the draftsman", any ambiguities on the contract are against to the drafter of the contract which is the FHWA. Thus, if there is any additional work included on the specific line item unless otherwise prohibited by the FP-14 or SCR measurement for payment section, is that supposed to be priced separately in the bid schedule?

Items that are not directly included for payment in a pay item are indirectly paid. Refer to FP-14 109.05(b) Indirect payment.

6 Does the whole FP-14 apply to this solicitation? Can you provide a list that specify all applicable FP-14 divisions or sections? This is to avoid any confusion or ambiguity to the interpretation of this solicitation.

Yes, the entire FP-14 and the Special Contract Requirements that amend the FP-14 apply to the entire solicitation. See Section 101 for Terms, Format, and Definitions.