89243222RNE000025 Questions and Answers AM 3.pdf

Q&A Final - DOE Solicitation 89243222RNE000025 Amendment 3 Q # RFP Reference Page BACKGROUND QUESTION ANSWER

1 ATTACHMENT J-A Page 103 QUESTION: The Contractor respectfully requests the deadline to submit questions for this solicitation be extended 2 weeks from the date the responses to the previous questions have been posted.

See Amendment 1

Section L - Instructions, Conditions, and Notices to Bidders / 52.228-1 BID

GUARANTEE (SEP 1996)

QUESTION: Would the DOE please clarify if a Bid Guarantee is to be included with the Offeror's Proposal and if it is, please clarify the percentage or dollar amount of the Bid Guarantee?

If a Bid Guarantee is not required, will 52.228-1 BID GUARANTEE (SEP 1996) be removed from the solicitation?

see Amendment 3

4 Section I - Contract Clauses Page 99

QUESTION: Would the DOE please clarify that the requirement and reference number is for the section on page 99 that begins with "(a) Definition. As used in this clause - United States or its outlying areas means-"

See Amendment 3

5 Section C Description / Specifications C.4 Requir3ed Skills / Expertise Page 21

C.4 States: The contractor shall hold a current AAR Car Builder Certification (or team with a subcontractor who holds a current AAR Car Builder Certification)

QUESTION: The contractor is M-1003 Certified, A21 Manufacturer Of Locomotives and Voluntary Reconditioned Locomotives, with years of experience, including structural design and ride quality testing/validation.

Would the DOE accept this certification , or an A20 (S-2034) Manufacturer of Freight Cars “Conditional Certification" for this project?

DOE will accept the AAR Standard S-2034 certification for the contractor or subcontractor or both as indicated in the RFP.

1.1 Section B Page 8

DOE-B-2002, the third Row, of the second column of the table states Prototype Fabrication of FORTIS 8-Axle Rail Car See C.3.2. Should this be Instrumented Wheelsets? See C.3.2?

The Table indicates Instrumented Wheel Sets in section 3.2 A revised Solicitation 89243222RNE000025 Amendment 1 has replaced in its entirety the original solicitation.

1.5

Paragraph (c) of 52.217-9 (Option to Extend Services) on page 63 says that the “total duration of this contract including the exercise of any option under this clause, shall not exceed 6 months.” However, the RFP’s stated period of performance is 5 years. Please clarify this language.

See Amendment 3

1.7 Is the agency seeking wage determinations for any additional places or areas in proposals? Paragraph (a) under 52.222-49 on page 70 reads “TBD”.

This is to be determined by the place of performance and will be decided at award.

1.8 For which pages of data does the DOE reserve unlimited rights? (52.227-23 reads “Except for data contained on pages TBD …” and “… in and to the technical data contained in the proposal dated TBD …”

This will be determined at award.

1.9 Regarding paragraph (d) of 52.244-2 Subcontracts on page 86, for which subcontracts will the Contractor be required to obtain the CO’s written consent? (language says “TBD” now)

This will be determined at award.

1.14 On page 158 of the RFP, the last evaluation factor (#10) ends with a semicolon. Are there other criteria that should follow #10 in this list? Semicolon removed, replaced with period

1.15 Project Approach is listed as Criterion 1 on page 140 but listed as Criterion 2 on page 157. Capabilities and Experience is listed as Criterion 2 on page 142 but listed as Criterion 1 on page 158. Please clarify.

•Capabilities and Experience is Criterion 1 •Project Approach is Criterion 2

A revised Solicitation 89243222RNE000025 Amendment 1 has replaced in its entirety the original solicitation.

1.16

If the DOE-supplied design contains flaws, inconsistencies, inaccuracies, or errors of any nature that result in rework, remanufacture, redesign, or any other costs, will the DOE and/or the Fortis designer of record bear the burden of these costs?

DOE will base liability determinations and corrective actions upon root cause analyses.

The contractor is obligated to mitigate its costs associated with rework, remanufacture, redesign, or other associated costs by alerting DOE of design flaws, inconsistencies, inaccuracies, or errors in a timely manner upon discovery of DOE-supplied design flaws, inconsistencies, inaccuracies, or errors. If DOE and the contractor agree that the DOE-supplied designs contain design flaws, inconsistencies, inaccuracies, or errors, DOE will limit its liability for the cost of rework, remanufacture, redesign, or any other costs to the amount necessary to remedy the defects. DOE will not assume liability for contractor’s failure to appropriately mitigate.

This will be addressed in accordance with the changes clause.

1.17 The RFP states that CLIN0002 is cost plus fixed fee. However, FAR Clause 52.216-11 (Cost Contract – No Fee) is included in the RFP on page 63.

Please clarify

See Ammendment 3

1.19 Our understanding is that if the contractor fabricates the railcar in accordance with the DOE-provided design, design liability during the warranty period will be borne by the DOE. Please confirm.

DOE will provide and discuss the terms and conditions of the contract with the contractor at the time of award. However, DOE will base liability determinations and corrective actions upon root cause analyses.

1.20

Under DOE-H-2019 (Disposition of Intellectual Property – Failure to Complete Contract) on page 40, please clarify the IP rights that DOE contemplates exerting in the event the Contractor fails to complete the contract?

Answer: As it is stated in the clause, all the Intellectual Property specified in this contract will be subject to this contract.

1.Past Performance – Solicitation, Amendment 1 says:

L-6.(a) - Offeror past performance. The offeror shall provide information on its record of relevant past performance on work similar in scope, size, and complexity to that described in Performance Work Statement. Use Attachment L-A - Offeror Past Performance Reference Information Worksheet, in providing this information for at least two, but not more than three prior projects for the prime, as well as at least two but not more than three prior projects for each teaming subcontractor

Question: Are the Contractor/Subcontractors responsible for at least 3 but no more than 5 past performance summaries or are they responsible for at least 2 but no more than 3 past performance summaries

See Amendment 3

1.1

1.Past Performance – Solicitation, Amendment 1 says:

L-6.(e) - Contracts information. The offeror shall provide past performance information on 3, but no more than 5 contracts, either completed or currently being performed by the offeror, and 3, but no more than 5 contracts, either completed or currently being performed, for each proposed subcontractor or other performing entity.

(1) Past performance information form. The offeror shall submit its past performance information on the Past Performance Information Form contained in insert L-A to Section L. One form shall be provided for each past performance reference (contract).

Question: Are the Contractor/Subcontractors responsible for at least 3 but no more than 5 past performance summaries or are they responsible for at least 2 but no more than 3 past performance summaries

See Amendment 3

2 Section L contains 52.228-1 BID GUARANTEE (SEP 1996). What is the amount of the Bid Guarantee? See Amendment 3