20200720 QnAs for draft IFB 72044020B00001 _IM2 at Bien Hoa Airbase.pdf

Questions and Answers – Pre-solicitation Conference and Draft IFB# 172044020B00001 USAID Second Interim Measures for Dioxin Remediation at Bien Hoa Airbase Area (IM2)

QUESTION RECEIVED IN WRITING FROM INTERESTED BIDDERS:

1. C.6 REQUIRED REGISTRATION AND LICENSES

At the time of bid-opening the Prime Contractor must hold a Grade-1 Construction Operation Capability Certificate (Chứng Chỉ Năng Lực Hoạt Động Xây Dựng Hạng I) in infrastructure from Vietnam’s Ministry of Construction.

According to current local law, foreign contractors are not required to have Construction Operation Capability Certificate (Chứng Chỉ Năng Lực Hoạt Động Xây Dựng) in Vietnam. Therefore, if the Prime Contractor is joint venture/partnership between a foreign company and local company, is it allowed if only local company hold Construction Operation Capability Certificate (Chứng Chỉ Năng Lực Hoạt Động Xây Dựng)

USAID RESPONSE: To comply with Vietnam Ministry of Construction and Ministry of National Defense requirements, before initiating construction activities USAID prime contractors working on the Bien Hoa Project must either hold a (1) Construction Operation Capability Certificate (in construction implementation and construction design at any grade, refer to Article 32 of Decree 100/2018/NDCP) or (2) construction operations license for foreign contractors (refer to Article 70 of Decree 59/2015/NDCP and Article 38 of Decree 100/2018/NDCP). USAID will consider all the inputs received prior to finalizing this IFB. Please also refer to Q&A Nos. 7, 14, 42, and 58.

2. C.6 REQUIRED REGISTRATION AND LICENSES

At the time of bid-opening either the Prime Contractor or the subcontractor(s) must also hold a valid Vietnamese Ministry of Natural Resources and Environment Government of Vietnam Hazardous Waste Disposal License (Giấy Phép Xử Lý Chất Thải Nguy Hại). Please confirm that only Prime Contractor or the subcontractor(s) must hold a valid Vietnamese Ministry of Natural Resources and Environment Government of Vietnam Hazardous Waste Disposal License (Giấy Phép Xử Lý Chất Thải Nguy Hại). Not require for both Prime Contractor and the subcontractor(s) In which, please confirm if only subcontractor (s) who in charge below works is (are) required Hazardous Waste Disposal License (Giấy Phép Xử Lý Chất Thải Nguy Hại).

3. Dig and Haul: Excavation of high and low concentration dioxin-contaminated soils and sediments from several Project Decision Units (DUs) in the southwest area of the Bien Hoa Airbase (Airbase) and two off-site areas in the vicinity of the Airbase. Transfer to storage area (LTSA or HCTS) as appropriate based upon level of contamination.

This includes excavation of nine sub-DUs in the airbase southwest (SW) area (SW-01A, SW-01B, SW-01C, SW- 02A, SW-02B, SW-03A, SW-03B, SW-07A, SW-07B) and two off-base DUs, MND-A42 and Gate 2 Lake (G2L).

Excavated materials must then be dewatered before hauling to either the LTSA or the HCTS for storage as described above. Attachment J. (TBD) provides the estimated BANK volumes of contaminated soil and sediment to be excavated under IM2. All areas listed in Table 1 (To be added) are classified as soil, with the exception of G2L which is classified as sediment.

USAID RESPONSE: Yes. The entity (either prime or sub) who will handle the dig & haul component of the contract must hold this license. On a separate note, please be advised that the final IFB will specify areas and depths of required excavation.

3. L.5 PRE-BID CONFERENCE AND SITE VISIT

If the Prime Contractor is joint-venture/partnership between a foreign company and local company, is it allowed only one of partner attend the Mandatory PRE-BID CONFERENCE AND SITE VISIT?

USAID RESPONSE: USAID will allow bidders to propose any two persons to attend the pre-bid conference and the Site Walk. USAID will request airbase access for the Site Walk for these bidder-proposed individuals if bidders provide a copy of their personal identification with photo. Also, USAID is considering modifying the IFB to remove the mandatory requirement for pre-bid conference and site walk. Interested bidders are also reminded of FAR 52.237-1 Site Visit. Please stay tuned for the update on this matter in the final IFB.

4. If the Prime Contractor is joint venture/partnership between a foreign company and local company, is it allowed only one of partner be registered with www.sam.gov?

http://www.sam.gov/

USAID RESPONSE: Normally, the new business entity (a joint venture with one owner listed) will register in the system. However, if the bidder has more than one owner (such as a joint venture) at either level of ownership, they must select only one to report according to FAR 52.204-17 Ownership or Control of Offeror.

Also, please refer to definitions found in SAM Non-Federal User Guide

Immediate Owner

Means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities, and equipment, and the common use of employees. The entity registering in SAM is considered the offeror.

Highest-Level Owner

Means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. The entity registering in SAM is considered the offeror.

In accordance with FAR 52.204-7(b)(1), “An Offeror/bidder is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation’, the interested bidder who has not already registered in https://sam.gov are recommended to start the registration process as provided in bullet No. 12 of paragraph L.2 GENERAL INSTRUCTIONS TO BIDDERS as soon as possible.

5. L.7 FAR 52.228-1 BID GUARANTEE (SEPT 1996)

The amount of the bid guarantee shall be 100% percent of the bid price. It will be a huge amount for a small business which have limit bonding capacity, If the Government consider to reduce bid guarantee requirement to “The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less” like other projects we have been bidding.

Which this approach, the Government create more opportunity for small business so that can obtain more competitive price;

USAID RESPONSE: Yes, USAID is considering adopting this or a lower bid guarantee level. Please monitor the final IFB for the update on this. Please see also Q&A Nos. 6 and 24.

6. F.5.1 Bonds and Guarantees

The Security shall be in the amount of 100% of the Contract value. It will be a huge amount for a small business which have limit bonding capacity, If the Government consider to reduce Bonds and Guarantees requirement to “one in the amount 20% of the contract value as a performance bond, and one in the amount of 20% of the contract value as a payment bond” like other projects we have been working.

Which this approach, the Government create more opportunity for small business so that can obtain more competitive price;

USAID RESPONSE: USAID is considering a reduction in the value of the bond requirement. Please monitor the final IFB for the update on this. Please see also Q&A Nos. 5 and 24.

7. Section C.6, on pg. 10 of 70. Per C.6: “At the time of bid-opening the Prime Contractor must hold a Grade-1

Construction Operation Capability Certificate (Chứng Chỉ Năng Lực Hoạt Động Xây Dựng Hạng I) in infrastructure from Vietnam’s Ministry of Construction.” According to the Ministry of Construction; Circular No. 08/2018/TT-BXD dated October 05, 2018; Article 4, Item 5: “Foreign organizations are not required to have the certificate of eligibility for construction activities as prescribed in this Circular when carrying out construction activities in Vietnam.”

Therefore, can you clarify that a U.S.-based firm will not be required to hold a Grade 1 Construction Operation Capability Certificate? We believe that this Grade 1 Certificate requirement may exclude qualified U.S.-based https://sam.gov/SAM/SAM_Guide/SAM_Non_Federal_User_Guide/SAM_Non_Fed_User_Guide.html#_Toc330768937 https://sam.gov/SAM/SAM_Guide/SAM_Non_Federal_User_Guide/SAM_Non_Fed_User_Guide.html#_Toc330768937 https://sam.gov/ firms from bidding on this contract. Would USAID consider (1) removing this requirement where the prime contractor is required hold a Grade 1 Construction Certificate and/or (2) accept a construction permit post award?

USAID RESPONSE: To comply with Vietnam Ministry of Construction and Ministry of National Defense requirements, before initiating construction activities USAID prime contractors working on the Bien Hoa Project must either hold a (1) Construction Operation Capability Certificate (in construction implementation and construction design at any grade, refer to Article 32 of Decree 100/2018/NDCP) or (2) construction operations license for foreign contractors (refer to Article 70 of Decree 59/2015/NDCP and Article 38 of Decree 100/2018/NDCP). USAID will consider all the inputs received prior to finalizing this IFB. Please also refer to Q&A Nos. 1, 14, 42, and 58

8. L.7 Bid Guarantee, on pg. 68 of 70. According to L.7 Bid Guarantee, the bidder must furnish a bid guarantee (at

100% of the bid price) at the time of bid opening. Please clarify where the bid guarantee should be included in the bid package submittal.

USAID RESPONSE: Yes, bid guarantee must be included in the bid package. This will be better reflected in the final IFB. Thank you.

9. Does USAID intend to perform a pre-qualification process of organizations that are new to working with USAID to ensure that only qualified and/or pre-qualified companies are invited to bid? Or is this bid open to all firms without a pre-qualification process?

USAID RESPONSE: No. The bidding is open to firms that believe they meet all the bid requirements, i.e., required licenses and registrations, and submit a complete bid package. Additionally, firms must satisfy the requirements under paragraph L.2, bullet 14 Evidence of Responsibility.

10. Can you please clarify the USAID process or factors, including the weighing of potential performance risks, that will be utilized in determining the lowest price?

USAID RESPONSE: As provided in paragraph M.1 EVALUATION OF BIDS, bids will be evaluated and awarded without discussion to the responsive and responsible bidder whose bid, conforming to the terms of this IFB, will be advantageous to USAID, considering price only.

11. There is a discrepancy in the quantities of contaminated soils, please clarify which are the correct quantities:

From May Pre-Solicitation summary: 12,281-m3 of high contamination soil + 33,389-m3 of low contamination soil = Total - 45,670 m3 From draft-IFB drawings (June 19 release): 13,140.6-m3 of high contamination soil + 20,193-m3 of low contamination soil = Total - 33,333.6 m3 From draft-IFB bid sheet (June 19 release): 14,371-m3 of high contamination soil + 40,813-m3 of low contamination soil + 1,771-m3 of low contamination sediment = Total - 56,995 m3

USAID RESPONSE: Thank you for pointing this out. The final IFB will specify areas and depths of required excavation.

12. Supplementary Bid Items 70.01 & 70.02, under Section C.4, "Description of Activity", Item #3. "Dig and Haul", the specification calls for dewatering of excavated materials.The Bid Form Line Items refer to Water Treatment but there is no details provided in Section C of the IFB. Please provide additional details about discharge limits, proposed location of discharge gallery and any prescribed methods as applicable

USAID RESPONSE: The final drawings and specifications which will be available with the final IFB will address these questions.

13. C.2 & C.3, 1st para. The IM2 primary objective is identified to "address, in the short-term, significant potential human health and ecological risks from dioxin contamination in advance of other, longer-term USAID Dioxin Remediation of the Bien Hoa Airbase Area Project (the Project) activities. Further, the IM2 project implementing partner must competently "deliver remediation work in several on and off-base areas with high levels of dioxin contamination that pose important exposure risks because they are in high traffic areas". Given the risk exposure in construction of a high concentration temporary storage area and working within high traffic areas transporting high concentration soil, will the USAID be open to considering a best value technical evaluation process such as past performance as a criteria for technical acceptability of the offeror?

USAID RESPONSE: For this Activity, USAID will use FAR Part 36 Construction and Architect – Engineer procedures and FAR Part 14 Sealed Bidding as procurement procedures, following the evaluation process set forth in Section M of the IFB.

14. RFP Section C, C.6, this paragraph notes that the Prime Contractor must hold a Grade 1 Construction Operation Capability Certifcate at the time of bid-opening. Can this requirement be changed to read "Prime Contractor or the executing subcontractor"?

USAID RESPONSE: To comply with Vietnam Ministry of Construction and Ministry of National Defense requirements, before initiating construction activities USAID prime contractors working on the Bien Hoa Project must either hold a (1) Construction Operation Capability Certificate (in construction implementation and construction design at any grade, refer to Article 32 of Decree 100/2018/NDCP) or (2) construction operations license for foreign contractors (refer to Article 70 of Decree 59/2015/NDCP and Article 38 of Decree 100/2018/NDCP). USAID will consider all the inputs received prior to finalizing this IFB. Please also refer to Q&A Nos. 1, 7, 42, and 58.

15. BID FORM in Attachment J.2 (Bill Of Quantities), Survey for project quantities. We understand that "firm fixed price" shall be applicable for this contract package, please advise if pre-construction survey is allowable to the Contractor to confirm the actual quatity in BOQ prior to construction?

USAID RESPONSE: The 100% design that will be included in the final IFB will define excavation volumes via area and depth specifications in the drawings. Additionally, interested bidders, upon registration, will be invited to a Site Walk before bidding and may request additional survey information during the pre-bidding conference, site walk and/or the questions period which will be indicated in the final IFB. Please also refer to Q&A No. 48.

16. BID FORM in Attachment J.2 (Bill Of Quantities) 00.03 Environmental Monitoring and Mitigation. Please confirm this lump sum price include the 2 temporary sediment bassins on the LTSA AREA or please amend the BID FORM to include a price for these 2 bassins.

USAID RESPONSE: The final design/IFB will include clarification for this item.

17. BID FORM in Attachment J.2 (Bill Of Quantities), 10.01-20.01-30.01 Temporary Fencing.This item does not appear on the drawings, please confirm if this temporary fencing is implemented until the final security fencing is installed (meaning that the Temporary and final fencing have a similar Linear Meters quantity; i.e Temporary Fencing LTSA

= 1250 ML)?

USAID RESPONSE: Temporary fencing will be utilized around all defined excavation and other work areas during construction implementation in those areas. Permanent fencing will be as shown on the drawings.

18. BID FORM in Attachment J.2 (Bill Of Quantities), 10.04 General Excavation, Fill, and Compaction. Please confirm :

a. How many M3 excavated and how many M3 to backfill?

b. Backfilling works are to be done with in-situ soil?

c. Is excavations of the DRB and DRA ditchs are included in the 15,504m3?

USAID RESPONSE: Excavation and backfill will be as shown on the drawings and as indicated in the specifications. These items will be lump sum in the final design/IFB Bid Form. Backfilling must utilize material meeting defined quality specifications in the final IFB. Please also refer to Q&A No. 15.

19. BID FORM in Attachment J.2 (Bill Of Quantities),10.05 Fill and Compact Base with Imported Soil & 10.06 Fill and

Compact Embankment with Imported Soil. Please confirm the specification of the imported soil ?

20. BID FORM in Attachment J.2 (Bill Of Quantities),10.08 HDPE Liner. We understand that Liner quantity is to be applied on berms and on top of excavated low concentration dioxin-contaminated soils and sediments. However, the capacity of the LTSA is 300,000m3 and the present IFB (Dig and Haul) forecast to excavate and store only 42,584m3. Hence, Please confirm the:

a. Quantity of HDPE liner to be installed (if only 42,584m3 stored)

b. Temporary fixation details of the HDPE liner from the top of the contaminated soil/sediment and surrounding bottom of the LTSA area (schematic below)

c. Handover of the remaining LTSA bottom (which does not received contaminated soil and sediments yet) is only geotextile? If so contractor is to propose temporary method to ensure the integrity of the geotextile until new contaminated materials disposed?

USAID RESPONSE: The final design/IFB will include clarification for these items.

21. BID FORM in Attachment J.2 (Bill Of Quantities), 10.10 Cast in Place Concrete, Including Reinforcing for Ditch

Lining (A) LM 490 and 10.11 Cast in Place Concrete, Including Reinforcing for Ditch Lining (B) LM 180.According to the drawings, the DRB ditch is longer than the DRA ditch. Please confirm there is not a mistake in LM quantities between the Reinforced Ditch (DRA) and Reinforced Dicth (DRB)?

22. INVITATION FOR BID (IFB), C.4.1 DESCRIPTION OF ACTIVITY - LTSA: "Construct perimeter berm including galvanized gabion, high-density polyethylene (HDPE) membrane and geo-composite drain on the berm top and berm slope, and concrete slope protection." DRAWINGS GC-03 mention Gabion and geo-composite drain to be implemented by others at future date and BID FORM does not include those items. Please confirm that the bidder exclude Gabion and geo-composite drains works from the offer?

USAID RESPONSE: The final design/IFB will include clarification for the LTSA bid item.

23. INVITATION FOR BID (IFB), C.4.1 DESCRIPTION OF ACTIVITY - LTSA:"Install access road, site office, project signs, and decontamination area."Decontamination area is only mentionned for the LTSA. Please confirm to the bidder to include decontamination areas for:

a. Decontamination of Personnel

b. Decontamination of machineries and equipments

c. Decontamination areas to be installed for LTSA, HCTS, DIG and HAUL areas

USAID RESPONSE: Thank you. USAID will make sure that the requirements on decontamination are clear in the final IFB.

24. SECTION F - DELIVERIES OR PERFORMANCE, F.5.1 BONDS AND GUARANTEES. Is the value of the contract performance guarantee gradually reduced after each payment period to the contractor? Is it necessary to guarantee a 100% contract that lasts an extra year? because both the Contractor and Usaid are wasting money on the bank. In that case: Can bidder offer a 12 month guarantee with a normal value in Vietnam of 5-10% or not?

USAID RESPONSE: Please see also Q&A Nos 5 and 6. On a related note, USAID would like to take this opportunity to bring to interested bidders’ attention FAR 52.246-21 Warranty of Construction which requires the Contractor to maintain a one-year warranty period on the work performed/delivered upon USAID acceptance of the work/deliverables.

25. SECTION F - DELIVERIES OR PERFORMANCE, F.6 KEY PERSONNELS. Please confirm the Construction Manager and the Health and Safety Officer can be either Foreigner or Vietnamese personnel? If confirmed, can the bidder propose 2 options (one with Foreigner personnel and one with Vietnamese personnel)?

USAID RESPONSE: Please be advised that Key Personnel is not required as part of Bid Package. However, approval of Key Personnel is required as specified in paragraph F.6 KEY PERSONNEL. The Contractor (upon contract award) is free to propose any individual of any nationality that they believe to be qualified and meet required qualifications for USAID approval prior to employment.

26. F.9 LIQUIDATED DAMAGES.The Liquidated Damages are clear. However, could you confirm under what circumstances the project coud be suspended (i.e : Legal issues out of contractor's responsibility, strong weather conditions impacting digging and Hauling works, etc..), and the process of Extension of Time applied to the contractor's contract under these circumstances (events impacting schedule which are not contractors' fault)

USAID RESPONSE: Please refer to FAR 52.249-10 Default (Fixed-Price Construction) and FAR 52.243-1 Changes-Fixed-Price. USAID will also take into consideration the circumstances and facts in making appropriate decision and action on a case by case basis

27. SECTION L-INSTRUCTIONS, CONDITION AND NOTICES TO OFFERORS.L.7 FAR 52.228-1 BID GUARANTEE (SEPT 1996).The amount of the bid guarantee shall be 100% percent of the bid price: please confirm 100% bid guarantee is correct number? Bid guarantee is valid from day to day? Pursuant to Article 11, the Law on Bidding No. 43/2013/NĐ-CP provides for bid security, accordingly, bid security is applied in the following cases: For tenderer selection, the value of bidding guarantee is specified in bidding dossiers, dossier of requirements according to a defined amount of between 1% and 3% of bidding package price based on the size and nature of each package.

USAID RESPONSE: Please see Q&A No. 5.

28. SECTION M - EVALUATION FACTORS FOR AWARD, M1.EVALUATION OF BIDS: If the apparent lowest bidder fails to submit sufficient evidence for the Contracting Officer to make an affirmative determination of responsibility.

Please confirm that once the offer submitted and evaluated, there is a second round and a time given to the contractor to complete and bring precisions in order to conform to all the terms and conditions and specifications of the IFB (if any supporting documents missing or need complement if requested by the contracting officer). If so, how many days will be given to the contractor?(L.2.14), then, the Contracting Officer may make a determination of non-responsibility and preclude from awarding a contract to that apparent lowest bid and move to the next apparent lowest bid.

USAID RESPONSE: There will not be a second round of bid package submission. The bid package must comply with all material respects with the qualifications/requirements identified in the IFB to be considered responsive as further laid out in M.1.3.

29. DRAWINGS.DRAWING GC-04 - ACCESS ROAD FINISHING MATERIAL.DRAWING GC-04 stipulates final layer of Concrete Cement 30MPA, while BID FORM mentions Asphalt layers for DIG and HAUL roadways and GATE 3 Access road roadway. Please confirm which document prevails?

USAID RESPONSE: GC-04 indicates LTSA access road details.The final design/IFB will include clarification for asphalt roadways.

30. DRAWING GC-05 - Confusion between DRB and DRA ditches.Please confirm and amend the titles of the sections:

a. LTSA DRB = Western ditch (Height 1600mm)

b. LTSA DRA = Eatern Ditch (Height 400mm)

31. DRAWING 10C-08 - Please confirm there are no venting system (Gas drainage + vents) under the HDPE Liner to releave gas pressure. Exemple below for the LTSA Liner:

32. DRAWING 30C-02- Please confirm the Dewatering and Drainage before Hauling works must be done within the

DIG AND HAUL perimeters or can be executed outside the these perimeters in an enclosed designated area?

Extract from DRAWING specifications :

33. Is this a public bid opening at which the name and price of all bids will be announced and available to the public?

USAID RESPONSE: Yes. This is planned to be a virtually public bid-opening. More details on virtual bid opening will be provided. A bid abstract will be prepared and will be available upon request.

34. In accordance with Geographic Code 937, US and Vietnamese firms are eligible to participate in this IFB. This competition is not restricted to small businesses. We did not find a financial capacity requirement in IFB. What are the special requirements regarding annual revenue criteria for companies participating in bidding for this project?

USAID RESPONSE: Bid Guarantee, Payment and Performance Bonds (or its equivalent), including the required Evidence of Responsibility (L.2.14), are used to determine financial capability. Further, as mentioned in subparagraph L.2.16 Pre-award Survey, USAID may conduct a pre-award survey to determine Bidders financial capability among other overall capacity and responsibility.

35. G2L Dig and Haul Excavation Plan: Drawing No.30C-06

The G2L location next to residential area, the Bidder understands that: For all excavation work must meet safety requirements, adjacent residential areas. Dig and Haul Excavation of this area must be required a dewatering plan.

Are bidders allowed to submit other construction measures without dewatering plan? The contractor ensures that the construction method will meet the project requirements. The contractor proposed this question as it relates to the following:

In Vietnam, we have a water resource law, a government decree regulating groundwater exploitation and management. We are afraid of affecting the water level and the requirements of local authorities in the process of water dewatering for construction of G2L.

USAID RESPONSE: USAID will consult with local authorities before finalizing dewatering specifications for this work area in the final IFB.

36. SECTION F- DELIVERIES OF PERFORMANCE- F6 KEY PERSONEL (The Health and Safety Officer must complete 3 training courses). Can USAID introduce which HSE certification organizations that can provide equivalent training in VietNam? If yes, Please list the equivalent 3 training courses that could be done locally.

USAID RESPONSE: Below are U.S. based certifications. We ask that interested bidders with knowledge and experience on any of the equivalent training in Vietnam or in the region reach out to USAID IFB POCs. Since this is not part of the bid package submission requirements, USAID may update this requirement upon additional information received.

40-Hour Hazardous Waste Operations and Emergency Response (Hazwoper) Training or equivalent (reference https://www.osha.gov/SLTC/emergencypreparedness/hazwoper/faq.html)

40-Hour U.S. Army Corps of Engineers (USACE) EM 385-1-1 Training or equivalent (reference https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/)

30-Hour U.S. Occupational Safety and Health Administration (OSHA) Construction Safety and Health Training or equivalent (reference https://www.osha.gov/training/outreach/find-a-trainer)

There are many on-line products for all three training certifications available from multiple vendors.

https://www.osha.gov/SLTC/emergencypreparedness/hazwoper/faq.html https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/ https://www.osha.gov/training/outreach/find-a-trainer

QUESTIONS RECEIVED DURING THE PRE-SOLICITATION CONFERENCE DATED JULY 10, 2020.

37. We care for Dig and haul in the bid Form.

USAID RESPONSE: USAID appreciates your interest in the Dig and Haul component that is specified in Section C SOW and is quantified in the Bid Form. Please note, however, that for Bidders to be determined as responsive, they must be able to demonstrate ability to perform full contract SOW, not partially.

38. Since this is a firm fixed price contract, would it be possible to take a site survey to take additional measures. For example, the demolition work, we do not know the extent of the work

USAID RESPONSE: The Final IFB will have more details on the design and drawings. USAID will organize a joint Site Walk for all interested bidders. Whether there is a need for quantifications or any info on the airbase our A&E firm will be in the position to answer any questions via the Q&As periods (to be provided) both during the Site Walk and before the bid closing date. USAID does not anticipate allowing firms access to the airbase for their own data collection is possible.

39. Bid guarantee, the amount of 100% on the bid price...In Vietnam is 3-10%

USAID RESPONSE: Please see also Q&A Nos 5, 6, and 24.

40. Missing clauses - Unforeseen condition and variation in quantity.

USAID RESPONSE: Below are what USAID understood to be referring to. Please reach out if the IFB POCs of these did not address your comment or if there are any other clauses that may be left out in the draft IFB. Thank you.

FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY is incorporated by reference under Section F.

FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984 is incorporated by reference under Section I.

41. The difference between IM1 which was a best value solicitation with 3-year implementation and IM2 which is a firm fixed price. What determined this change? The quantity is higher and only 20 months for IM2.

USAID RESPONSE: Scope of the IM1 is a design-build contract. USAID had not yet mobilized the A&E firm at the time of the IM1 award, so we used the design-build approach. The IM2 is a straight construction contract with the 100% design included in the final IFB.

42. On construction operation capability certification, Is grade 2 infrastructure in Vietnam Ministry of Construction acceptable.

USAID RESPONSE: Yes, please see Q&A Nos 1, 7, 14, and 58.

43. Key Personnel - Health and Safety Officer equivalent training. IN VN we do not take US Army Corps Engineers.

USAID RESPONSE: Thank you for this great question. First of all, we would like to emphasize the importance of health and safety practice on the Project site. There are standard training courses available online may be with fee as mentioned above. Please also refer to Q&A No.36. Equivalency to the named courses is open to interpretation and will need to be documented for USAID when approving proposed key personnel and determining equivalency in that regard. The requirements that we are laying out now are based on widely health norms/behavior in the US contracting and several countries. If there are similar training and norms that you believe are equivalent to the current requirements based on your technical point of view, please submit those to us now so that the requirement will include those equivalent training courses. Additional information that you can provide will be beneficial for our consideration and perhaps be included in the requirements.

44. If you could share a bit about the Plans that will be provided the final RFP (IFB). Do they cover all the pieces of the work? Are they going to be more details or they are going to be more of general types of drawings?

USAID RESPONSE: You might have found that the draft IFB contains draft drawings (Attachment J.3) that were relatively extensive and will be added to, but those you have seen so far are a good preview of what you will see in the final IFB.

45. We submitted written questions, but I would like to bring this up now that there are discrepancies on volumes in different places. Hope those will be reconciled.

USAID RESPONSE: We will pay attention to this. In terms of the volumes referenced, based on our experiences in past work, there were considerable amounts of compaction and the loss in volume as we moved from what we defined as “excavation volumes” and “volumes of storage”. That is one well-understood difference in volume between excavation and storage efforts. In terms of description of the work, what will carry are the volumes described in the drawings themselves. Please also refer to Q&A Nos. 11, 15, and 18.

46. In the bid forms, the units, there are abbreviations. Are they going to be defined as a few that are not self-explanatory. For example “LM”- Concrete Access Road

USAID RESPONSE: LM is linear meters. The sections (of the roadway) are the same throughout. However, units will be changed on the final IFB. We will be careful about this. There is an initial listing of abbreviations, but we will make sure that the list is updated.

47. Bid forms - $500,000 How does this work? Is this Contingency?

USAID RESPONSE: This item covers work to address unforeseen conditions that may come-up during construction such as underground structures, utilities, etc. Contractors are not entitled to any part of the Day Work item, either partially or fully, unless specifically authorized by USAID.

QUESTIONS RECEIVED THROUGH THE FEEDBACK SURVEY.

48. We understand the pre-survey (topographic survey) will not be permitted prior to the bidding submission, please confirm?

USAID RESPONSE: Yes. USAID confirms that the pre-bid survey (topographic survey) will not be permitted prior to the bidding submission. Please also refer to Q&A No. 15.

49. Someone asked about HSO quals and equivalent training. USAID appropriately answered that the official answer will be provided in writing. Same goes for far clauses dealing with differing soil quantities. Why not take uncertainty and risk off the table (for both USAID and the Contractor), and include an optional soil quantity line item?

USAID RESPONSE: USAID is currently working to confirm the extent of dioxin contamination before finalization of design and remove the need to have options for additional soil excavation after initiation of work. The final design in the IFB will identify all areas where we have been successful in this regard and include a supplemental bid item for areas where USAID may need to order excavation deeper than the design depth.

50. We hoped that information would be presented to explain the basis for a bidder to qualify for this work as compared to the current IM1 contract. The USAID representative indicated that responses to questions will be provided in writing and posted on SAM.gov. We are hopeful that all open questions will be resolved at that time.

USAID RESPONSE: Thank you. We hope that this Q&As will further clarify the draft IFB. All questions and comments will be taken into consideration when USAID finalizes the IFB.

51. C.6 Required registration and licenses.

Bidder hold a Construction Operation Capability Certificate: grade-2 in infrastructure from Vietnam’s Ministry of Construction, is it acceptable?

USAID RESPONSE: Please refer to Q&A No. 1, 7, 14, 42, and 58.

52. F.6 Key personnel The Health and Safety Officer must complete the following training:

o 40-Hour Hazardous Waste Operations and Emergency Response (Hazwoper) Training or equivalent o 40-Hour U.S Army Corps of Engineers (USACE) EM 385-1-1 Training or equivalent o 30-Hour U.S Occupational Safety and Health Administration (OSHA) Construction Safety and Health Training or equivalent How equivalent trainings be defined?

USAID RESPONSE: Please refer to Q&A No. 36.

53. Security require 100% of the Contract price. In Vietnamese practices in construction industry, it requires only 10% of the Contract price.

USAID RESPONSE: Please refer to Q&A Nos 5, 6, and 24.

54. Are there any requirements on Personal Protective Equipment for workers at site.

USAID RESPONSE: Yes, and these requirements will be included in the final IFB.

55. Missing drawings. Please provide.

No. Description

i. Drawing list provided missing:

- Drawing No. GC-01, GC-02 (02 drawings)

- Drawing No. C-01, 10C-09 (02 drawings)

- Drawing No. 30C-16 ÷ 30C-19 (04 drawings)

- Drawing No. 30PP-01 ÷ 30PP-06 (06 drawings)

- Drawing No. 50C-01 ÷ 50C-04 (04 drawings)

- Drawing No. 50PP-01 ÷ 50PP-05 (05 drawings) Total: 23/92 drawings

ii. The drawing name is different with drawing list:

- Drawing No. G-02, G-03 (02 drawings)

- Drawing No. 10PP-01 ÷ 10PP-08 (08 drawings)

- Drawing No. 10PP-13 ÷ 10PP-19 (07 drawings)

- Drawing No. 20C-05 (01 drawing) Total: 18 drawings

USAID RESPONSE: USAID will address these discrepancies in the final IFB.

56. We are greatful about the virtual pre-solicitation conference which clarifies some important items. Additionally, we would like confirmation about the question we issued the 07/07/2020 which we didn't mention in details during the virtual pre-solicitation conference.

USAID RESPONSE: Thank you. The Q&As are posted as discussed.

57. How exactly are limits of excavation going to be determined, and by who? Is there a required or suggested location for discharge of treated water generated from excavation or pond dewatering, along with a required analysis suite and frequency?

USAID RESPONSE: The final design/IFB will include clarification for these items.

58. We consider that the stated mandatory Grade 1 Construction Certificate requirement has not been clearly explained and supported based on our understanding of the local regulations and may limit competition by unfairly excluding both local and US rms from qualifying to bid.

USAID RESPONSE: Please also refer to Q&A Nos. 1,7, 14, and 42.

59. detailed requirements on the documents submitted (technical proposal and commercial proposal).

USAID RESPONSE: Please refer to Section L, particularly paragraph L.4 INSTRUCTIONS FOR PREPARATION OF THE BID in the final IFB which may contain slight updates to draft IFB version.

60. USAIDs schedule requirements. This Bid-Build FFP contract has a short lead time, which does not give a lot of bidders adequate time to prepare and may end up being unresponsive. Knowing USAIDs schedule requirements over the life of the program will help us prepare better.

USAID RESPONSE: USAID’s two primary schedule requirements are (1) to complete excavation in the Gate 2 Lake (G2L) area before end of December to meet a Government of Vietnamese request and (2) for the IM2 contractor to make sufficient progress in excavation and storage area construction in the first dry season to allow overall work to be completed within the 20-month contract period.

[END OF QUESTIONS AND ANSWERS]