Amendment_02.pdf

AMENDMENT 02

Solicitation #72061218R00001

USAID/Malawi Construction of Prefabricated Classrooms

QUESTIONS AND ANSWERS

1) Question: It is written in the Solicitation Sec I.4 “Both Performance and Payment bonds shall be

100 percent of the contract price.” Please confirm.

Answer: Per FAR 52.228-15 titled “Performance and Payment Bonds-Construction,” both the Performance and Payment bonds shall be 100 percent of the original contract price.

2) Question: Could you please clarify how many percentage of the Bank Letter of Guarantee will be obtained by the contractor upon award for subject project? Please provide the Performance Bond and Payment Bond rates for this project.

Answer: As stated in the response to Question #1 above, performance and payment bonds are required and shall be 100 percent of the original contract price.

3) Question: Page 96 of solicitation – proof of registration with the relevant Construction Industries Federation (CIF). As an International Company, it will take several weeks to register our branch and obtain the certification from CIF. Can an offeror submit the registration upon contract award?

Answer: The offeror must submit proof of application for membership to Malawi NCIC with the proposal. Confirmation of full registration is required before the award.

4) Question: Page 96 of the solicitation – provide proof of the quality of all materials installed and workmanship to be of South African Bureau of Standards (SABS) or equivalent. The proof of material data sheet can be provided in design phase and once the design is approved, can an offeror provide a statement to confirm all the materials and workmanship will be as per (SABS)?

Answer: Yes, this should be acceptable.

5) Question: Page 96 of the solicitation – copy of certified registration documentation of the company/companies. As an international company, can an offeror provide its non-Malawian registration documentation of the company?

Answer: Yes, if the registration is in the country of incorporation of the company.

6) Question: Are European Union equivalent codes acceptable?

International Construction Codes:

a. South African National Standards (SANS) / South African Building Standards (SABS) – https://www.sabs.co.za/

b. IBC International Building Code - https://codes.iccsafe.org/public/document/IBC2018

Answer: European Union codes with specific code citations are acceptable.

about:blank https://www.sabs.co.za/ https://codes.iccsafe.org/public/document/IBC2018

7) Question: Environmental Loads – construct to accommodate loads from all environmental forces in accordance with code and the following: wind loads, earthquake loads and soil loads. What are the minimum values required for wind resistance, earthquake and fire resistance?

Answer: The Contractor mush show that the design accommodates for all applicable site specific dead and live loads in accordance with SANS/SABS or other internationally acceptable standards.

8) Question: Expected Service Life Span – expected functional service life of this project is 40 years.

Service life spans of individual components that differ from the overall life span shall be defined in the manufacturer’s warranties. Does the expected service life span include maintenance contracted according to the manufacture plan?

Answer: Yes.

Sub-Structure

9) Provide foundations that are consistent with the site’s environmental and geotechnical constraints.

All existing organic soils and material will be excavated or removed. Excavated or backfilled ground level to be compacted to 95% modified AASHTO density with a minimum CBR to 25%.

Question: Is this mandatory if the Construction Solution doesn’t need to excavated or removed?

Answer: Proposed solutions that do not require excavation / removal / compaction will be considered during evaluation of the proposal.

10) Floors on Grade: All elements necessary for slab foundations, including trenches, pits, slab moisture protection (DPM to be 250 micron with minimum 100mm overlaps and turned up at edge of surface bed), and sub-drainage system as required. Concrete strength to be 25 MPa at 28 days including mesh reinforcement with a minimum cover of 50mm Walls. Question: Is this mandatory if the Construction Solution doesn’t need to have Concrete base on floor?

Answer: This is not applicable to proposed solutions that will not require excavation or utilized a concrete slab or base floor.

11) Thermal Performance: Provide R-value of approximately 2 m²k/W. Provide continuous insulation over entire enclosure. Question: Can we have more explanation on this for the better understanding of our engineering team?

Answer: In building and construction, the R-value is a measure of how well an object, per unit of its exposed area, resists conductive flow of heat: the greater the R-value, the greater the resistance, and so the better the thermal insulating properties of the object. R-values are used in describing effectiveness of insulation and in analysis of heat flow across assemblies (such as walls, roofs, and windows) under steady-state conditions

12) Operable Opening: (a) Size: Total area of operable opening to in windows in a room must be a minimum of 20% of the floor area of the said room. (b) Provide top-hung out-swinging casement units unless otherwise indicated. No individual sash shall exceed a depth of 400mm. Provide stops to limit openings so that the sash shall not protrude horizontally more than 300mm. Provide 2 x stays per sash to hold it in open position. Provide a latch with locking handle to each sash to secure it in closed position. Question: Can we get more explanation on this? Is providing top-hung, out-swinging mandatory or optional?

Answer: Please use the following language in lieu of the narrative in question 12 above:

“Operable Opening: (a) Size: Total area of operable opening to in windows in a room must be a minimum of 20% of the floor area of the said room. (b) Provide top-hung out-swinging casement units unless otherwise indicated. No individual window panel shall exceed a height of 400mm.

Provide stops to limit openings so that the opening window shall not protrude horizontally from the school wall more than 300mm. Provide 2 x stays per opening window to hold it in open position.

Provide a latch with locking handle to each opening window to secure it in closed position. Please note that top hung out-swinging is mandatory”.

13) Operating Components: Remaining operable for 10 years under normal exposure and use for project site and function. Question: Does the expected operability for 10 years include maintenance contracted according manufacturer plan?

Answer: Yes.

14) Accelerated weathering: Roofing system shall withstand 2,000 hours of exposure when tested according to weathering testing code ASTM G 152, ASTM G 154, or equivalent certification to be provided by the contractor. Question: Can equivalent European Union testing codes be used?

Answer: Equivalent European Union testing codes can be used with specific code citation.

15) Durability: i. Life span: In accordance with project requirements and the following: (a) Manufacturer Warranty: Special weather-tightness warranty for roofing system: The Manufacturer's standard form in which manufacturer agrees to repair or replace roof assemblies that fail to remain weather tight, including leaks, within specified warranty period. (b) Warranty Period: 20 years from date of Substantial Completion. Question: Does the expected warranty period of 20 years include maintenance contracted according to the manufacturer plan?

16) Impact Resistance: Locate, fabricate and install all railings and handrails to resist damage from vandalism. Question: Need to define type and degree of vandalism that must be guaranteed.

Answer: Page 26 of the solicitation, under D.i., please disregard the sentence, “Locate, fabricate and install all railings and handrails to resist damage from vandalism.” Instead, the following is applicable: “Locate, fabricate and install all railings to resist damage from heavy wear and tear as could be reasonably expected in a public secondary school.”

17) Per page 32 of the solicitation, no fixtures, i.e. lights, outlets, or light switches should be provided.

A Distribution Board should be provided. Question: Can we have more explanation on this for the better understanding of our engineering team?

Answer: Please refer to the Section C.IV of the solicitation. Specifically, under A. Basic Function, items i-iv. The requirement is for all wiring and conduits necessary as per iv, wired back to a distribution board. Note: A distribution board (also known as panelboard, breaker panel, or electric panel) is a component of an electricity supply system that divides an electrical power feed into subsidiary circuits, while providing a protective fuse or circuit breaker for each circuit in a common enclosure.

18) Question: Page 10, section B.3.: USAID states that VAT will not be reimbursed, however, on page 100, section L.8, it states that VAT should be budgeted as a separate line item in the proposal budget. Could USAID please clarify?

Answer: The language on page 10, section B.3 is correct in that “USAID will not reimburse for VAT under this contract. It is the responsibility of the Contractor to seek an exception, obtain a reimbursement, or otherwise challenge the tax assessment with the Malawi Revenue Authority.”

The statement on page 108, section L.8 is hereby removed.

19) Question: Would USAID consider allowing offerors to propose more than one solution in response to this RFP?

20) Question: Will USAID allow the origin of the modular units to be from countries and/or regions outside of the United States?

Answer: Yes. Please refer to Section H.6 of the solicitation. The authorized code for this procurement is geographic code 935, which is any area or country, including the recipient country, but excluding any country that is a prohibited source.

21) Question: In the solicitation, it is stated that Performance Bond and Payment Bond each are 100 % of the contract value. There will be a 200% of total bonds (of the contract value) during the execution of the contract--this percentage is quite high for this type of project. Is this information accurate?

Answer: The information is accurate. Please also see answers to questions #1 and #2 above. Per FAR 52.228-15, both a performance and payment bonds are required and shall be 100 percent of the original contract price.

22) Question: In the solicitation (Page 93, Clause 5) it is stated that the Offeror shall address its plan to obtain all licenses and permits required by local law. If the Offeror already possesses the locally required licenses and permits, a copy shall be provided. In this context, does the Offeror need to establish a branch office to comply with the requirements of the local laws in Malawi?

Answer: It is the responsibility of each individual Offeror to determine what it needs to do in order to be in compliance with Malawian law.

23) Question: Is there a bid bond?

Answer: No.

24) Question: Is there an advance payment?

25) Question: When will all the bonds be released?

Answer: See page 56, paragraph (g) of the solicitation.

26) Question: In the solicitation, it is stated that the construction completion time is 180 calendar days commencing 30 days after the Notice to Proceed. Based on our initial review of the project, this seems like a tight schedule, especially if we transport the pre-fabricated elements from other foreign countries. Would there be any possibility for a time extension if needed?

Answer: Yes, if a time extension is needed, there is the possibility of negotiating a time extension prior to award.

27) Question: In the solicitation, it is stated that Consortiums will be allowed to bid. Is there any limitation concerning the number of the Consortium Partners?

28) Question: Are there any typical drawings (showing the dimension and the layout) for Male &

Female Latrines?

Answer: Typical MoEST drawings for latrines are attached FOR INFORMATION PURPOSES ONLY. Please note that information stated in Section C1.B takes precedence. The Contractor shall provide construction drawings for approval prior to construction as per Section F.7 Deliverables/Outputs (page 46 of solicitation).

29) Question: Are Joint Ventures allowed instead of Consortiums?

30) Question: The solicitation in question indicates the need to allow for provision of future connections to the electrical grid for power connections, but is this just for sites without power and should we include the connections for the sites that have power?

Answer: Please note that only provision for power connection is required and no power connections will be performed. The school buildings will only need to have the capability of being connected.

31) Question: Is there any room for deviations to the provided specifications?

Answer: Please refer to the page 15 of the solicitation, Elements and Products.

32) Question: Will the contractors be assisted in any way with regards to site storage and security of materials on site?

33) Question: The standard contract, which has been provided, does not clearly spell out a period for the design phase of the project. One could conclude that the construction completion time of 180 calendar days, commencing 30 days after the Notice to Proceed, does not include the design and approvals of the facilities. Please elaborate.

Answer: Per F.6 of the solicitation titled “Notice to Proceed (NTP)”, the NTP will not be issued until after a number of deliverables have been accepted, including design documents. As stated on the cover page of the solicitation, the construction completion time is 180 calendar days, commencing after the issuance of the NTP and design phase.

34) Question: VALUE ADDED TAX (VAT). It is typical of Ministry of Finance to right MRA advising the Agency that the project is duty and tax exempt. MoEST is the responsible party to initiate such a waiver because it can never be the responsibility of the Contractor since the Contractor is not a party to the financing agreement. You may want to reconsider your position and assign the responsibility to MoEST.

Answer: Noted.

35) Question: To work within overall timelines, geotechnical investigations to all proposed sites must be conducted by the Client. This will speed up the process to locate buildings placement and foundation designs.

Answer: Please note that geotechnical investigations shall be conducted by the offeror. The NTP, which commences the 180 day period for installation and construction, will not be issued until all design documents are accepted.

36) Question: What is the amount or percentage of advance payment?

Answer: There is no advance payment for this procurement.

37) Question: Considering that it is likely for most of the building products to be imported, would payments to the Contractor be in multiple currencies?

Answer: This is a possibility.

USAID/Malawi Construction of Prefabricated Classrooms

38) Question: Would the Client consider offering a bonus for early delivery of the project? We have noticed that there is a USD500.00 per day delayed damages in the draft contract.

Answer: Unfortunately, no.

39) Question: Are foreign companies allowed to submit a proposal using their entities or should we register a company with the Malawian Authorities for us to be able to participate on the solicitation?

Answer: No registration is required for proposal submission.

40) Question: May I tender my price for one region or should I cost for the entire 33 schools (all regions)?

Answer: For all 33 schools.

41) Question: The payment terms for the contract, are they on a monthly basis on submission of a payment certificate and invoice, or are they on 35, 65 and 100%?

Answer: Please refer to Section G.3 of the solicitation titled “Payment and Invoices.”

42) RFP states that “The penal amount of performance & payment bonds at the time of contract award shall be 100 percent of the original contract price.” Is it possible to waive bonds in lieu of monthly retainages? If not, would you accept to reduce amounts to 10% + 10% as other USG agencies require?

Answer: The bonds will not be waived in lieu of monthly retainages, and the performance and payment bond amounts will not be reduced.

43) Question: If retainages are not acceptable, will it be possible to accept bonds from A-class banks that are not in the territory of the U.S.?

Answer: Yes.

[END OF AMENDMENT No. 02 to 72061218R00001]

ATTACHMENT

to the response#28