2017-0503-PrePropNotes.pdf

Pre-proposal Conference Notes

R1 Mechanical Fuels Treatment IDIQ

Solicitation No. AG-0343-S-17-0027

Attendees of the meeting were as follows:

Name Organization Location

Government Meeting Facilitators:

Loren Ebner USFS – R1 RO AQM Missoula, MT

Craig Kockler USFS – Helena-Lewis & Clark NF Helena, MT

Todd Erdody USFS – Custer Gallatin NF Bozeman, MT

Drew Grimes USFS – Custer Gallatin NF Red Lodge, MT

Bobby Cordell USFS – Custer Gallatin, Dakota Prairie Grasslands Camp Crook, SD

Mike West USFS – Flathead NF Kalispell, MT

Brian Hicks USFS – Idaho Panhandle NFs Coeur d’Alene, ID

Harmony Burow USFS – Kootenai NF Libby, MT

Barry Ruklic USFS – Nez Perce / Clearwater NF Grangeville, ID

Alan Carlson USFS – Nez Perce / Clearwater NF Potlach, ID

All Other Attendees: A sign-in sheet was provided at each of the 10 VTC locations. The sign-in sheets are attached to these notes. (5/9/17: These sheets will be posted on FBO later this week due to some computer access issues, the CO cannot access the attachments at the time these notes are being uploaded to FBO.)

NOTE 1: As a result of this pre-proposal meeting, the Government anticipates issuing an Amendment No. 01 to the solicitation. Please monitor the FedBizOpps website for any Amendment the Government may issue.

NOTE 2: The contract contains many clauses from the Federal Acquisition Regulation (FAR). One FAR website that may be useful to Contractors: http://farsite.hill.af.mil/vffar1.htm

THE MEETING RECORD:

The meeting commenced on May 3, 2017 at 0900 hrs at the Lolo National Forest Supervisor’s Office in

Missoula, Montana. The meeting was attended by individuals at the locations identified in Paragraph L-11 of the solicitation.

http://farsite.hill.af.mil/vffar1.htm

The Government and Contractors present discussed the following items:

Contracting Officer Loren Ebner reviewed the following items:

Agenda Part I – Introduction / Background. Reviewed

The Contracting Officer discussed the objectives, challenges and benefits of this IDIQ effort.

There were no questions concerning this element.

Agenda Part II – Instructions for Submitting Proposal / Government Evaluation of Proposals.

Reviewed

The Government does not know how many contracts will ultimately be awarded as a result of this solicitation. As stated in the solicitation, the Contracting Officer will make a determination at the time of contract award. (See Paragraph M-2).

Paragraph L-2. Ensure you are registered in SAM.

Paragraph L-4. No fax or email proposals.

Paragraph L-5. It is very important that offerors follow the instructions in this paragraph.

The CO spent considerable time reviewing this section. A few highlights:

L-5(a)(3). Contracting Officer reviewed this section in detail. The evaluation criteria are clearly outlined in Section M and in this Section.

L-5(a)(4). Contracting Officer reviewed this section in detail. Also note:

Offeror proposals are limited to 30 pages.

Remember to complete and return Section K. CO reviewed Section K with attendees. Section K represents those certifications that have not yet been included in SAM, so it is required that Offerors submit a completed Section

K. CO reviewed K-1(b)(2), which includes a box to check. Also there is a certification box to check in K-3.

L-5(b). Contracting Officer reviewed this section in detail. Also note recommendation to label and/or number offeror responses to correspond with evaluation criteria. This will assist Technical Evaluation Board in evaluation of your proposal.

L-5(b)(1), L-5(b)(2) and L-5(c) were all reviewed in detail. When Offerors are responding they are encouraged to provide convincing evidence or documentation concerning their ability to provide the services they are asserting they can provide.

Evidence that supports an offeror’s response gives that response more credibility.

Paragraph L-7. Offerors must acknowledge all amendments. Ensure you monitor the fedbizopps website for amendments to the solicitation. Offerors may acknowledge amendments by signing them and returning them with their offer by the due date, and/or acknowledging them in the blocks provided on the SF-33 (Section A).

Section M. The CO reviewed this section in detail.

Paragraph M-1(a). The two non-price factors (Past Performance and Contractor Capability) are equally considered (equally weighted) for purposes of evaluation.

Paragraph M-1(a)(2). Note that the evaluation criteria of Contractor Capability consists of two equally weighted Sub-factors. Each subfactor will receive an adjectival rating, and then there will be an overall roll-up adjectival rating of Contractor Capability at the factor level.

Paragraph M-1(b). The CO reviewed this paragraph in detail. Offerors will not be “held to” the prices being offered on the sample Task Order. As stated in the solicitation, the prices proposed by Offerors on the sample Task Order will be evaluated by the Government to determine whether prices are reasonable, as well as to assist the Government in assessing the offeror’s understanding of the work.

Paragraph M-2. The CO reviewed this paragraph in detail.

Award will be made to multiple contractors.

It is unknown at this time how many Contractor will receive a contract award. The

CO will make a determination regarding this during the contract award process.

The CO explained the intention is to award the contacts without negotiations, but if negotiations are necessary, a competitive range may be established, and then the CO will have meaningful discussions with every offeror within the competitive range.

Questions/Comments from attendees:

Regarding the Sample Task Order for pricing. There was a request for more detail concerning the site conditions for this sample task order, specifically, sizes of trees, types of soil, density/acre, steepness of ground, as well as whole tree yarding distances, and whether or not there is sorting.

Answer: The Government will issue an amendment to give more detail concerning tree sizes and types of soil. Whole tree yarding distances (average), sorting, densities and steepness are addressed in the sample task order already. In this sample task order the material is to be processed and decked, but not removed. There will be no product removal occurring under this contract or any task orders. The Government intends to dispose of log decks through a distinctly separate and different contract process.

Regarding the Sample Task Order for pricing. Question about mobilization costs.

Answer: In the sample task order there is no separate price for mobilization so it should be included in the prices quoted. Assume 25 miles from your base of operations for the sample task order. Once the contract is awarded, task orders will be competed among the contractors. Each Task Order will specify whether mobilization is a separate line item or included in the price for the work.

Regarding the Sample Task Order for pricing. Question about whether all offerors must bid on all items in the sample task order, even if ultimately they would not ever bid for some of those sample tasks.

Answer: Yes, all offerors must quote on all sample task order items. Contractors receiving a contract award will not be required to quote on all task orders, so therefore no contractors receiving an award will be required to perform services they don’t provide. However, for purposes of the price evaluation for the parent contract awards, all offerors must quote on all sample task order items.

Regarding the Sample Task Order for pricing. Question about subcontracting.

Answer: It is understood that not all contractors receiving an award will have all the equipment that may be necessary on all the task orders that are ultimately issued under the contracts. For the sample Task Order pricing factor, offerors may explain that their prices include subcontracting some items, and that will assist the

Government in understanding an offeror’s quote on the sample Task Order.

Regarding the Sample Task Order for pricing. Question about excavator piling

/pile sizes.

Answer: The piling specifications for the two items on the sample Task Order are different. Item 1 is expressed as an upper limit, and Item 2 is expressed as a minimum size. The sample task order was intentionally presented in this way to illustrate how different work items might be communicated during task order competition.

Regarding the Sample Task Order for pricing. Question about single unit/multiple units, weed washing, and summer or winter project.

Answer: Each item on the sample task order is for single units. Only one mobilization per bid item, and only one weed washing per bid item. The sample task order should be considered both a summer and a winter project.

Regarding the Sample Task Order for pricing. Question/concern regarding devaluing decked wood by processing it and not leaving branch’s and tops intact to slow the drying process. Answer: Forests and districts are not required to process decked wood and could deck it with branches and tops intact if that was a desired outcome. However for the purposes of the sample Task Order and our evaluation process for a parent contract award we are requiring contractors to factor processing to a minimum size in their price per acre.

Regarding the Sample Task Order for pricing. Question concerning the type and quantity of seed being required for erosion control in the task order since it has an effect on price. Answer: The sample task order does not require seeding so is not a factor. Future task order requiring seeding will provide detailed information (see H-

12).

Agenda Part III – Awarded Contracts and the Task Order Competitive Process.

Paragraph B-3. Minimum Guarantee. The Government will issue an amendment clarifying this. It looks like we will likely pay the minimum guarantee in the first year regardless of how many years the contract is renewed, however, please see the forthcoming amendment for the final decision on that. The minimum guarantee will only be payable one time; there will not be a guarantee for every year.

Maximum value of the contract is an aggregate value for all task orders issued.

Paragraph G-2. The plan is to solicit price quotes from all offerors receiving a contract award. This paragraph allows for some variation from that plan in certain circumstances.

Task Orders may be competed on price alone, or the Task Order may include non-price factors. That will be outlined in the Task Order at the time it is competed.

Paragraph G-3. Task Orders may include the items identified in this paragraph.

Agenda Part IV – Contract Administration.

There will be no timber product removal under this contract, however, the nature of this work may require the use of Government personnel who traditionally administer timber sales, and consequently those individuals may be nominated or required by the Government and the CO may designate them. Likewise, this contract does not include construction activities, but the nature of the work may require the use of personnel who traditionally administer construction contracts. Consequently those individuals may be nominated or required by the Government and the CO may designate them.

This is a federal procurement and not a federal timber sale, so the Contracting Officer will be a procurement Contracting Officer. That CO will designate CORs to administer the work.

CORs will be proposed/nominated internally. Although it was not discussed at the meeting, the CO would like to note here that the Procurement CO may designate a Timber CO, FSR or

Sale Administrator to act as a COR or Inspector on any Task Order if it is determined that this is desirable for some reason.

Agenda Part V – Contract Specifications, Terms and Conditions.

Section C

Paragraph C-1: Scope of Contract.

Paragraph C-2: Locations of potential work include two specified BLM Field

Offices, in addition to the Northern Region National Forests and Grasslands.

Paragraph C-4: Government furnished property identified in Task Orders.

Paragraph C-6:

The specifications of the contract may be further refined or changed in individual Task Orders.

Work performed in accordance with Silvicultural Prescriptions.

Equipment Operator requirements.

Equipment for performance of work. It is understood that not all contractors will have all the equipment listed. Contractors are not required to quote on individual Task Orders, so it is expected that in some cases Contractors may not quote on work that they cannot obtain the proper equipment for.

Section E

Paragraph E-2. Contractor Quality Control.

Paragraph E-4. Government Quality Assurance.

Paragraph E-5. Acceptability of Contractor Quality Control.

Section F

Paragraph F-2. Contract Period. Task Orders may be placed up to the last day of the period.

Paragraph F-3.

Estimated Start Work Date.

Notice to Proceed.

Contract Time. Contract time will be identified on each Task Order and is specific to each Task Order. Task Order time may vary greatly between

Task Orders, since the time allotted will depend on a variety of factors such as the quantity of work, the urgency of the need, etc. The Government acknowledges that, in general, when more time and flexibility is given to a contractor, the Government could likely expect better competition and pricing. This is something the Government intends to consider prior to competing each Task Order. Ultimately, the time allotted will be based to a large degree on the Government’s needs regarding performance of the services.

Minimum Required Rate of Progress.

Work Plan and Schedule. The Contractor will be required to submit a Work

Plan and Schedule for the Task Order.

Operational Periods. Note the difference in operational periods for Summer and Winter projects. Task Orders will specify whether a project is a Summer or Winter project, or both.

Unsuitable Conditions. This paragraph was reviewed in some detail.

Offerors are advised to read this clause carefully. This clause is applicable during the “Operational” periods of a project. Unsuitable conditions lasting less than 10 consecutive days will not warrant any adjustment in contract time, unless the Contractor can demonstrate an excusable delay as defined in the Default clause of the contract (FAR 52.249-8).

Unfavorable Conditions. This paragraph was reviewed in some detail.

Offerors are advised to read this clause carefully. This clause is applicable during the “Non-Operational” periods of a project, and allows the Suspension of Work with no count against contract time in certain circumstances.

Work Completed after the Performance Period. If the Contractor fails to complete work within contract time, the Contractor will be assessed actual damages to the Government.

Section G

Paragraph G-2. Ordering Procedure. Note that Task Orders may be competed on price or on price and other factors.

Paragraph G-3. The elements of a Task Order.

Paragraph G-6. Contractors receiving an award will be automatically enrolled in IPP, which improves the Contractor payment process.

Section H

Paragraph H-2. If Key Personnel are required, it will be on the Task Order.

Paragraph H-3 and H-4. We discussed Contractor liabilities for fires caused by the

Contractor or Contractor operations.

Paragraph H-8. Equipment will be washed.

Paragraph H-18. Safety Plan. Note the requirements of this plan.

Paragraph H-21. Product Removal. There will be no product removal. The

Government expects to issue an amendment concerning this.

Section I – clauses incorporated by reference include (some highlights):

FAR 52.222-41 Service Contract Labor Standards

FAR 52.222-4 Contract Work Hours and Safety Standards –Overtime Compensation

FAR 52.233-1 Disputes clause

FAR 52.232-1 Payments

FAR 52.232-25 Prompt Payment

FAR 52.236-3 Site Investigation and Conditions Affecting the Work

FAR 52.236-6 Superintendence by the Contractor

FAR 52.236-13 Accident Prevention Alternate I

Questions/Comments from attendees (paraphrased):

o Order of Precedence – What takes priority, the Task Order or the Parent Contract?

Answer: Section I-1 includes FAR 52.215-8, Order of Precedence. This clause governs the contract. Please note the following statement included in … o Actual Damages – Paragraph F-3(i) includes language about actual damages. How will this be administered?

Answer: If the Contractor fails to complete work within contract time, the Contractor is in default, and liable for actual damages to the Government as a result of the

Contractor’s failure to perform the services as specified in the contract. It should be noted that Contractors who can prove an excusable delay as defined by the Default clause of the contract, may be entitled to adjustments to contract time for those excusable delays.

o Fire Liability – What is Contractor liability for fires caused by the Contractor?

Answer: See Paragraphs H-3 and H-4. The Contractor is liable for fires caused by the

Contractor or Contractor operations.

o Product Removal. Who will get the products generated by the Task Order projects under this contract?

Answer: The Government will make a separate decision and execute a separate action concerning the sale or disposal of products generated by this contract.

o There was a request for clarification/confirmation of the specification regarding the gallons stated in Paragraph H-16 Prevention of Oil Spills.

Answer: The Government is reviewing this specification. No change at this time.

o How will unanticipated work be handled? Modifications?

Answer: Paragraph G-2 gives the Government some discretion concerning ordering the services. If a need arises for additional services during the execution of a Task Order, the Contracting Officer will determine whether to proceed with modifying the existing

Task Order to add those services, or compete the services under a new Task Order action. The Contracting Officer’s determination regarding how to proceed will be based on the circumstances and the nature of the services required. See Paragraph G-2.

o Is funding guaranteed from one year to the next once a Task Order is issued?

Answer: Yes. Once a Task Order is awarded/issued to a specific Contractor, and the

Contracting Officer has signed that Task Order, the Task Order is funded and that funding remains obligated to that Task Order unless the Government takes some specific action (like Termination for Default or Convenience) that may de-obligate the funding.

Note that in the case of a Termination for Convenience, the Contractor may be entitled to costs incurred as a result of the Government’s termination of the Task Order for convenience.

o Are the Contractors receiving an award going to be held to the prices quoted on the sample Task Order of the solicitation?

Answer: No. The prices quoted on the sample Task Order by the offerors will not be incorporated into the contract. Contractors receiving a contract award will quote each

Task Order separately, and if awarded a Task Order, will be held to the prices quoted for that Task Order. The prices quoted for the sample Task Order will not be established as ceiling prices. The prices quoted for the sample Task Order will be used for evaluation purposes as described in Section M of the contract.

o Is any bonding required?

Answer: No. Currently there is no bonding required. Monitor any amendments for possible changes.

o What is the Workman’s Compensation Requirement?

Answer: The Contractor is required to comply with the State law(s) concerning

Workman’s Compensation that are applicable for the location of the Task Order. Note that Paragraph I-1 contains the FAR 52.236-7 Permits and Responsibilities clause.

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