Thule_BMC_Draft_RFP_Q A_Matrix_25_Mar_14.pdf
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- THULE BMC Federal contract opportunity
- Solicitation number
- FA2523-12-R-0006
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Thule BMC Draft RFP Q A Matrix 25 Mar 14
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Thule BMC Draft RFP Question Answer Matrix
Doc Section # Relevant Text Comment / Questions Date Government Response
Section A-M, PWS, etc.
Section number
Paste relevant text from the document you are commenting on
Comments, questions, and/or suggested revisions to text Date
L L-9
FA2523-12-R-
Note: The registered office of the enterprise shall be in the kingdom of Denmark and shall not be registered as a subsidiary of foreign company.
What do you mean by "not be registered"?
10-Dec-13
In the searchable part of the CVR there is an information point called “type of company/virksomhedsform” that has “subsidiary of foreign company” as a possibility, so there is a way to see if the company is fully registered as Danish or acting as a foreign subsidiary in Denmark.
Draft RFP Cover Letter
Paragraph 7 The Government intends to release the formal RFP for the Thule BMC acquisition in the first quarter of FY14.
The cover letter states that the final RFP is expected in 1Q FY 14. Is this RFP expected before the new year? Can you please confirm if this is the case?
10-Dec-13 This was a misprint and should have read second quarter FY 14. An updated cover letter will be loaded in FBO.gov.
Section L C.1 Receipt of Proposals
The offerors proposal, paper and electronic, must be received no later than 2:00 p.m.
Central European Time (CET) on XX XXX 2014 and shall be delivered to the Contracting Officer (CO) at:
Can the Government provide an estimated submission date for responses to this solicitation?
18-Dec-13 The USG cannot give an estimated proposal due date at this time. Industry will have a minimum of 30 days after Request For Proposal (RFP) is released.
TBL
Thule BMC TBL Instructions Section B, paragraph 5
NOTE: Access to the secure document will not be approved until the completed Thule BMC TBL Access Request Form is received by the US Government.
Will the Government allow more than one person per offeror to access the secure documents on FBO?
19-Dec-13
No. The one individual identified as Trusted Agent on the TBL Access Request Form who also requests explicit access in FBO will be the only individual for that Offeror to receive explicit access to secure documents on FBO. This individual will be responsible for distributing the information received to other Offeror employees. Any other individuals who request explicit access, but are not identified as the Trusted Agent on the TBL Access Request Form will be denied explicit access in FBO.
TBL
Thule BMC TBL Instructions Section B, paragraph 2
The Government will only provide one DVD per Offeror; joint ventures will be provided one DVD.
When will the Government mail out DVDs?
19-Dec-13 DVDs will be mailed out beginning Friday, 10 January 2014 to any Offeror who has completed all instructions for Secure Access in Section B. After this date, DVDs will be mailed out weekly on Friday. Please note: only one DVD will be provided per Offeror.
Draft RFP Section L
L.6.D. Proposal Volume Instructions
The technical proposal shall address each of the following subfactors in sufficient detail to describe the offeror’s proposed approach to performing the requirements set forth in the
PWS.
The Draft RFP instructions do not indicate how PWS requirements related to Weather, Airfield, Health, Food and certain other Services must be structured.
If these requirements are to be addressed within Subfactor 2, "Infrastructure Operation & Maintenance Plan," will the Government consider increasing the page limit of this Subfactor from 25 pages?
27-Jan-14
The requirements in question (Weather, Airfield, Health, Food and certain other Services) currently are not required to be addressed in Subfactor 2 . The Government has no plans on increasing the page limit on Subfactor 2 at this time, though the Government reserves the right to increase the page limit should it deem necessary to do so.
Section L L-4 Offeror Eligibility
Participation in this acquisition is limited to Danish/Greenlandic enterprises.
1. Is the requirement for a Danish enterprise defined in an agreement between the US Government and the Country of Denmark that is available to contractors to review?
28-Jan-14 All international treaties fall under the auspicies of the U.S. State Department. All requests concerning the review of any treaties must originate with the U.S. State Department.
Section A-M, PWS, etc.
Section number
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Comments, questions, and/or suggested revisions to text Date
L-7, Section D, 2.
Volume II - Price/Contract Documents b.
Contract Documents
2) Corporation certificate (Selskabscertifikat
m. oblat) verifying that your company is registered as a business in the Kingdom of Denmark. (Det Central Virksomhedsregister (CVR); Det Grønlandske Erhervsregister (GER); Skráseting Føroya (Skrás. Nr.))
NOTE: THE REGISTERED OFFICE OF THE
ENTERPRISE SHALL BE IN THE KINGDOM OF
DENMARK AND SHALL NOT BE REGISTERED
AS A SUBSIDIARY OF FOREIGN COMPANY.
2. Please provide further clarification as to what a "Danish Enterprise" is as will be interpreted by the US Air Force?
28-Jan-14
To be eligible for award, an offeror must present:
1. Corporation certificate (Selskabscertifikat m. oblat) verifying that your company is registered as a business in the Kingdom of Denmark. (Det Central Virksomhedsregister (CVR); Det Grønlandske Erhervsregister (GER); Skráseting Føroya (Skrás. Nr.))
NOTE: THE REGISTERED OFFICE OF THE ENTERPRISE SHALL BE IN THE KINGDOM OF DENMARK
AND SHALL NOT BE REGISTERED AS A SUBSIDIARY OF FOREIGN COMPANY.
2. Signed letter from an officer of a bank within the Kingdom of Denmark verifying that your company conducts business with that institution.
NOTE: ELECTRONIC FUNDS TRANSFER OF INVOICE PAYMENTS WILL ONLY BE MADE TO A BANK
IN THE KINGDOM OF DENMARK.
RFP, page M- 2 and M-4
M-2, B.5.b. 1), page M-2 and M- 2, C.2. VOL II, a.
2) and 3), page M-4
b. Price/Contract Documents (FACTOR 2)
1) Total price reasonableness, affordability and balanced pricing.
2) Affordability. The affordability assessment will also considered the total estimated contract price as compared to the independent US Government estimate for this program
3) The burden of proof for cost affordability and reasonableness rests with the offeror.
Offerors are advised to clearly show justification for unique practices that significantly lower costs. An assessment that the proposal is not reasonable or affordable will result in the offer being unacceptable for award.
Please elaborate on how the offeror is expected to prove affordability?
31-Jan-14
IAW with 15.404(b)(1) - Price analysis is the process of examining and evaluating a proposed price without evaluating its separate cost elements and proposed profit. Unless an exception from the requirement to obtain certified cost or pricing data applies under 15.403-1(b)(1) or (b)(2), at a minimum, the contracting officer shall obtain appropriate data, without certification, on the prices at which the same or similar items have previously been sold and determine if the data is adequate for evaluating the reasonableness of the price. Price analysis may include evaluating data other than certified cost or pricing data obtained from the offeror or contractor when there is no other means for determining a fair and reasonable price. Contracting officers shall obtain data other than certified cost or pricing data from the offeror or contractor for all acquisitions (including commercial item acquisitions), if that is the contracting officer’s only means to determine the price to be fair and reasonable.
Should the Government deem it necessary, the offeror is expected to provide the appropriate data described above.
Section A-M, PWS, etc.
Section number
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Comments, questions, and/or suggested revisions to text Date
RFP pages B- 1 to B-93
CLINs XX01, XX03, XX04, XX05, XX06, XX07, XX08, XX09, XX10, XX11, XX13, XX14, XX15, XX17, XX18
FFP with EPA, Labor, supplies materials, parts, equipment, travel and other items and services…"
The referenced CLINs are all categorized as: FFP with EPA and the wording of the CLINs indicates that in addition to labor costs, also costs relevant to supplies, materials, parts, equipment, travel and other items and services have to be priced on these CLINs. It is our understanding from this wording that in addition to labor costs, also costs relevant to supplies, materials, parts, equipment, travel and other items and services are subject to EPA adjustments. However, Section H, Clause H-1, on page H-1 includes indexes relevant to labor only. Please explain if the above interpretation of the wording of the CLINs is correct, and if indexes relevant to other than labor will be included in Section H of the RFP? Further, please confirm that EPA on "labor" does include labor costs relevant to manual as well as salaried personnel including indirect costs, insurances, sundry charges, etc.
31-Jan-14
The interpretation provided is incorrect. FFP with EPA signifies that the CLIN is a FFP with EPA.
Section H-1 of the RFP gives instruction that the EPA element of the CLINS only applies to the labor and social benefits portion of the CLIN and specifically those labor amounts broken out in Attachment 2, Section B Price Worksheet, which should include all labor costs for manual and salaried personnel. The US Government's intention was that "Labor and Social Benefits" be included in the "Labor" line items, and will adjust Attachment 2 to read as such. All other "costs" should fall under "Non-Labor".
RFP, page M-
M-2, B.5.b. 1), page M-2 and M- 2, C.2. VOL II, a.
4), page M-4, and FAR 15.404- 1 (g)
Page M-2: b. Price/Contract Documents (FACTOR 2), 1) Total price reasonableness, affordability and balanced pricing.
Page M-4 Balanced Pricing. The techniques and procedure described under FAR 15.404- 1(g) will be the primary means of assessing unbalanced pricing. "FAR FAR 15.404-1 (g) is reading: Balanced pricing Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or pricing analysis techniques."
It is the offeror's understanding that the Government expects the same price throughout the FYs for the same series of CLINs.
Any investments in equipment, etc. are made in various specific fiscal years over the lifetime of the contract. If the contract costs are divided over the 7 contract years, it could lead to overpricing in some years and underpricing in some years - will that be regarded as unbalanced pricing?
31-Jan-14
As stated, the techniques and procedure described under FAR 15.404-1(g) will be the primary means of assessing unbalanced pricing. In the course of price analysis, the Government will investigate any instances where one or more contract line items is significantly over or understated as indicated by the application of cost or pricing analysis techniques. It is the responsibility of the offeror to provide any documentation or rational requested by the Government should any questions of "unbalanced pricing" arise.
Section A-M, PWS, etc.
Section number
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Comments, questions, and/or suggested revisions to text Date
RFP, page I-1
I-1, A. FAR
Clauses, FAR 52.216-4
52.216-4
ECONOMIC PRICE ADJUSTMENT – LABOR
AND MATERIAL (JAN 1997)
The proposal is prepared in 2014 up to 18 months prior to commencement of the Contract. Please explain if the price escalation commences on the date the proposal is submitted?
31-Jan-14 Any potential price adjustments associated with FAR 52.216-4 will commence in FY17.
RFP, page B- 1 thru B-93
Section B, CLINs, FFP Termination Liability and
DFARS 252.232-
DFARS 252.232-7007, LIMITATION OF
GOVERNMENT'S OBLIGATION (MAY 2006)
The contractors investments are depreciated over e.g. a 5-7 year period.
Please inform if the booked remaining value may be included in the termination costs, and will such amounts be reimbursed?
Will this be considered a contradiction to balanced pricing - if all FYs have to be priced with the same amount?
31-Jan-14
Terminations associated with DFARS 252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION will most likely be handled In Accordance With FAR Clause 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). Once a Termination for Convience is initiated by the Government, the procedures in FAR Clause 52.249-2 will most likely determine the settlement reached between the contractor and the Government.
RFP, page B-
Section B, CLIN
XX12,
Environmental - Hazardous Waste
ENVIRONMENTAL – HAZARDOUS WASTE
FFP
Labor, supplies, materials, parts, equipment, travel and other items or services—excluding Government-Furnished Property and Services—necessary to perform the services in PWS section 3.20.13.2.
Period of Performance is 1 Oct 2015 – 30 Sep
CLIN XX12 is listed as FFP, but since the CLIN includes labor, supplies, materials, parts, equipment, travel and other items or services, we assume that the CLINs should be FFP with EPA - please clarify.
31-Jan-14 Concur, XX11 and XX12 Environmental CLINs will be consoladated into 1 CLIN wiithch will include EPA (FFP with EPA).
Section A-M, PWS, etc.
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Comments, questions, and/or suggested revisions to text Date
RFP, page B-
Section B, CLINs XX14 and XX 16
MEDICAL/DENTAL, PUBLIC &
OCCUPATIONAL HEALTH
CLIN XX 14 - FFP with EPA Labor, supplies, materials, parts, equipment, travel and other items or services—excluding Government-Furnished Property and Services—necessary to perform the services in PWS section 3.22, 3.23, and 3.24.
Period of Performance is 1 Oct 2015 – 30 Sep
2016, DRINKING WATER SAMPLING
and CLIN XX16FFP Laboratory sampling fees associated with performing the services in PWS section 3.24.2.1.
Period of Performance is 1 Oct 2015 – 30 Sep
We assume that all costs relevant to PWS, Chapter 3, Paragraph 3.24 - 3.24.2.1 with the exception of the laboratory sampling fees which have to be included on CLIN XX16 - please confirm.
31-Jan-14 Concur; CLINs XX14 to be revised to include that exclusion.
RFP, pages B- 2 thru B-16
Section B, CLINs
XX03, XX04,
XX05, XX06,
XX07, XX08,
XX09, XX10,
XX11, XX12,
XX13, XX14,
XX17, XX18
CLINs XX03, Weather; XX04, Air Traffic Control and landing Systems (ATCALS); XX05, Air Terminal; XX06, Non-Secure Communications (NSC); XX07, GEOBASE;
XX08, Firefighting; XX09, Dormitories, XX10 Fuels; XX11, Environmental Compliance;
XX12, Environmental - Hazardous Waste;
XX13, Pollution Prevention; XX14, Medical/Dental, Public & Occupational Health; XX17 Lodging Custodial; and XX18, DET 1 POGO
Please inform if these CLINs are to include their share of indirect cost and fee such as on-site management, administration and G&A - or is only the direct attributable cost to be included?
31-Jan-14
Adjustments to any indirect cost (except Social Benefits) or profit are not permited in the EPA calculations listed in Section H-1 of the RFP. The US Government's intention was that Labor and Social Benefits be included in the "Labor" line items of Attachment 2, Section B Price Worksheet.
All other "costs" should fall under the "Non-Labor" line items in Attachment 2.
Section A-M, PWS, etc.
Section number
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Comments, questions, and/or suggested revisions to text Date
CLIN XX25, Subsistence is a CR CLIN (including G&A), no FEE. The estimated amount of DKK 16,500,000 annually is to cover food products ordered in performance of contractual requirements contained in the PWS. Please confirm that this amount represents a fixed ceiling that will not be decreased over the 1 + 6 years of the contract, not even due to any USAF financial constraints? Please also confirm that CLIN XX25 will not be incrementally funded. Please explain if the ceiling of CLIN XX25 will be increased in case the cost of subsistence in the USA and/or Denmark increases considerably between 2014 (the date of the proposal) and until the end of the contract in 2022/2023 (e.g. due to extreme weather situations, flooding, international conflicts, etc.). From the answer to a question raised during the Industrial Days in June 2013, we do understand that: "CLIN XX25 cost reimbursement is not based on how many people eat in the dining hall, but is cost reimbursable based on the amount of food purchased." Based on this answer, please confirm that there is no limit to the cost of subsistence for one ration (3 meals per day like in the BDFA system) and please confirm that there is no connection between the cost of the meals listed in the PWS, paragraph 3.25 and the reimbursements on CLIN XX25. Please confirm that there are no limitations to the type and quantity of subsistence that will be reimbursed via this CLIN, as long as the subsistence is used in preparation of the meals served in the Dundas Base Restaurant and at EWR in #4002 – including hot and cold beverages, etc. Please confirm that the subsistence required for the operation of the Dining Area at DET 1 POGO (CLIN XX18 and PWS paragraph 3.32) may also be charged against CLIN XX25, and does not have to be included in CLIN XX18 (which among other would require separate procurement, storage space, and accounting).
The above is supported by the fact that only lunch and dinner according to the PWS paragraph 3.32 are served at DET 1, breakfast is served in the Dundas Base Restaurant and we assume that the DET 1 personnel may also eat in the Dundas Base Restaurant when they are not at duty at POGO. Please inform if subsistence for the two non-profit organizations Delicatessen
RFP, page B-
Section B, CLIN
XX25
SUBSISTENCE
CR
Food products ordered in performance of contractual requirements contained in the
PWS.
31-Jan-14
The US Government cannot confirm that CLIN XX25 will never be decreased and could be incrementally funded given the quarterly authority received from Air Force Space Command. The very nature of Cost Reimbursable CLINS gives the US Government flexibility in unforeseen events and removes risk from the contractor. Concur that that cost of each "ration" is not limited to the amount received by each patron and/or total daily intake of the reimbursement as per the PWS.
As currently written there are no limitations on types and quantity of subsistence, to include beverages, as long that subsistance is used for food preparation at Dundas Base Restaurant, EWR
(Bldg 4002) and DET 1/POGO. No subsistance costs should be included in CLIN XX18.
Subsistence for the Delicatessen and Café Cool shall not be purchased from CLIN XX25. Private sales of subsistence purchased on CLIN XX25 will not be allowed. Take away packing materials
(dinners) should be factored into the cost of CLIN XX01.
Section A-M, PWS, etc.
Section number
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Comments, questions, and/or suggested revisions to text Date (PWS 3.25.8) and Cafe Cool (PWS3.29.8) may be procured via the reimbursable CLIN XX25 as long as the USG is compensated for the expense? Will the amount compensated to the USG be loaded back into CLIN XX25, so procurements for the two non-profit operations do not decrease the amount of subsistence the BMC is able to procure for the Dundas Base Restaurant, the EWR Dining Hall in #4002 and the DET 1 POGO Dining Area? May sales to private on-base military and civilian customers, the TOW Club, and to USG sponsored ships, etc. be handled in the same manner since there is no Commissary at Thule AB? We assume that the “take-away packing material” (for dinner) cannot be charged to the subsistence CLIN -but should be part of CLIN XX01?
Section A-M, PWS, etc.
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Comments, questions, and/or suggested revisions to text Date
RFP, page B-
Section B, CLINs 8001, 8011 and
CLIN Text: "Monthly price is equal to the Option Period exercised prior to this period adjusted for any applicable wage increases via the EPA"
The text under CLIN 8002, 8012, 8016, 8025, 8030, 8035, and 8055 is confusing, as the CLINs are "FFP without EPA". Will the text be removed?
31-Jan-14 Concur, text will be removed under noted CLINs. Please note, as discussed in previous Q&A CLIN 8012 will be combined with CLIN 8011.
RFP, page B-
Section B, CLIN
CLIN Text: "Monthly price is equal to the Option Period exercised prior to this period adjusted for any applicable wage increases via the EPA"
The text under CLIN 8025 is confusing, as the price is CR without any EPA. Will the text be removed?
31-Jan-14 Concur, text will be removed.
RFP, page B-
Section B, CLIN
PHASE-OUT
FFP
Labor, supplies, materials, parts, equipment, travel and other items or services necessary—excluding Government- Furnished Property and Services—to prepare to transition contract responsibilities to a new contractor in Performance Work Statement (PWS) section 3.34.
Period of Performance: TBD
Requirements to be stated: As the Phase-out work includes labor, supplies, materials, parts, equipment, travel and other items or services, we assume that the CLIN should be subject to EPA adjustments?
31-Jan-14 Concur, RFP adjusted to include "FFP with EPA" on CLIN 9001. A line for Phase-Out will also be added to Attachment 2, Section B Price Worksheet, to include "Labor and Social Benefits" and a "Non-Labor" lines.
RFP, Section I, page I-1
RFP, Section I, Paragraph I-1, A, page I-1
52.216-4, Economic Price Adjustment - Labor and Material (JAN 1997)
Does the price escalation commence, when the proposal is submitted? Does labor cost include salaried personnel, indirect costs, insurances, sundry charges, etc.? The FAR Clause refers to both labor and materials - are all items listed under a CLIN defined as "FFP with EPA" (as an example labor, supplies, materials, parts, equipment, travel and other services -excluding Government-Furnished Property and Services - necessary to perform the services in PWS section XXX) subject to EPA adjustments? If this is the case, will there be any additional indexes relevant to other than labor included in the final RFP?
31-Jan-14
As it is currently written, the EPA only applies to the labor portion of the CLIN and specifically those labor amounts broken out in Attachment 2, Section B Price Worksheet, which should include all labor costs for manual and salaried personnel. The US Government's intention was that "Labor and Social Benefits" be included in the "Labor" line items, and will adjust Attachment 2 to read as such. All other "costs" should fall under "Non-Labor" and will not be subject to the
EPA.
Section A-M, PWS, etc.
Section number
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Comments, questions, and/or suggested revisions to text Date
RFP, Section I, page I-2
FAR 52.223-5
(May 2011)
52.223–5 Pollution Prevention and Right-to- Know Information.
.................(b) Executive Order 13148 requires Federal facilities to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001–11050) and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101–13109).
This FAR applies to services performed on Federal facilities. Please clarify if Thule AB, Greenland is defined as a USA Federal facility? Further, it is the bidders understanding that the Final Governing Standards (FGS) are considered the Environmental Law covering Thule AB per agreement between the US, DK and Greenlandic Governments. If this understanding is correct, please explain the applicability to the Thule Air Base and the BMC of FAR 52.223-5 and the embedded documents? Further, if the FAR is considered to be directive upon the BMC, please explain if the embedded documents are also directive upon the BMC. Please also explain if the FAR Clause, the FGS, the RFP (Contract terms and conditions) or PWS take precedence in case there are inconsistencies between the documents. Finally explain if present conditions at Thule AB fulfill the requirements of FAR 52.223-5?
31-Jan-14
Yes, Thule AB is considered a federal facility IAW Executive Order 13423. FAR Clause 52.223-5 is included in the RFP and will be included in the subsequent contract, thus will be applicable to the Thule AB BMC (including the embedded documents in FAR Clause 52.223-5). The Government is unaware of any inconsistencies between FAR Clauses, the FGS, the RFP (Contract terms and conditions) and PWS. It is incumbend on offers to notify the Government if any inconsistencies are discovered between the mentioned documents. The Government will research any discovered inconsistencies and instruct offerors on how to proceed. FAR 52.223-5 is currently not in the present Thule AB BMC.
Section A-M, PWS, etc.
Section number
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Comments, questions, and/or suggested revisions to text Date
RFP, Section I, page I-2
FAR 52.223-12
(May 1995)
52.223–12 Refrigeration Equipment and Air Conditioners.
As prescribed in 23.804(b), insert the following clause:
REFRIGERATION EQUIPMENT AND AIR
CONDITIONERS (MAY 1995)
The Contractor shall comply with the applicable requirements of sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g and 7671h) as each or both apply to this contract.
(End of clause)
It is the bidders understanding that the Final Governing Standards (FGS) are considered the Environmental Law covering Thule AB per agreement between the US, DK and Greenlandic Governments. If this understanding is correct, please explain the applicability to the Thule Air Base and the BMC of FAR 52.223-12 and the embedded documents? Further, if the FAR is considered to be directive upon the BMC, please explain if the embedded documents are also directive upon the BMC. Please also explain if the FAR Clause, the FGS, the RFP (Contract terms and conditions) or PWS take precedence in case there are inconsistencies between the documents. Finally please explain if present conditions at Thule AB fulfill the requirements of FAR 52.223-12?
31-Jan-14 FAR Clause 52.223-12 does not apply and will be removed from the RFP.
Section A-M, PWS, etc.
Section number
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Comments, questions, and/or suggested revisions to text Date
RFP, Section I, page I-2
FAR 52.223-15
52.223–15 Energy Efficiency in Energy- Consuming Products. ENERGY EFFICIENCY IN
ENERGY-CONSUMING PRODUCTS (DEC
2007) (2)........ (b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR® products or FEMP-designated products) at the time of contract award, for products that are— (1) Delivered; (2) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (3) Furnished by the Contractor for use by the Government; or
(c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless— (1) The energy-consuming product is not listed in the ENERGY STAR® Program or FEMP; or (2) Otherwise approved in writing by the Contracting Officer. (d) Information about these products is available for— (1) ENERGY STAR® at http://www.
energystar.gov/products; and (2) FEMP at http://www1.eere.energy.gov/ femp/procurement/eeplrequirements.html.
(End of clause)
Please clarify if the facilities at Thule AB are considered "Federally-controlled" facilities? If it is not the case, please explain the relevance of this FAR to the BMC. If, however, FAR 52.223-15 is directive upon the BMC including all the embedded documents, please confirm that the requirements are relevant only to any products procured/acquired by the contractor after 1 October 2015. Please also inform if the present energy consuming products at Thule comply with the requirements of FAR 52.223-15? With reference to FAR 52.223-15 paragraph (c)(2), please advise if the Contracting Officer may consider to waive the FAR requirements for some or all energy consuming products?
31-Jan-14
Yes, Thule AB is considered a federal facility IAW Executive Order 13423. Correct, FAR 52.223-15 is directive upon the BMC including all the embedded documents are relevant only to any products procured/acquired by the contractor after 1 October 2015. Currently the Government has no plans to waive any of the requirements in FAR 52.223-15. The Government will research any discovered inconsistencies and instruct offerors on how to proceed. FAR 52.223-15 is currently not in the present Thule AB BMC.
Section A-M, PWS, etc.
Section number
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Comments, questions, and/or suggested revisions to text Date
RFP, Section H, page H-2 and Section I, page I-3
Clause H-6 and
DFARS 252.225-
7012 and 252.225-7030
H-6. STATUTORY RESTRICTIONS ON FOREIGN
ACQUISITIONS
The Contractor agrees to deliver to the Government items that comply with the requirements of Defense Federal Acquisition Regulation Supplement (DFARS) clauses 252.225-7012, and 252.225-7030 in Section I of this contract. Delivery is defined as transfer of title from the contractor to the Government or incorporation of Contractor-owned material or parts into Government-owned property. The Contractor shall notify the Contracting Officer when purchase of covered items cannot be acquired from U.S.
sources as and when needed in a satisfactory quality and sufficient quantity at market prices and take action in accordance with the Contracting Officer’s direction.
Please confirm that the BMC - in addition to procuring food from Denmark/Greenland - can procure food items via the DLA Troop Support "Tailored Vendors" in the USA?
31-Jan-14 The BMC contractor will be allowed to set up an account to purchase food directly from the DLA Troop Support "tailored vendors".
Section A-M, PWS, etc.
Section number
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RFP, Section H, page H-3
Clause H-6, Statutory Restrictions on Foreign Acquisitions and
PWS 3.1.16
PWS 3.1.16: Maximize and document contract related purchases and subcontracts from Danish and Greenlandic sources.
Required by the 1962 Agreement (Aide Memoire) between the US and Denmark.
Document and justify exceptions.
We assume that subsistence may be procured from any Danish plant/vendor that is formally inspected and approved by the Danish authorities in accordance with the very stringent Danish official rules and regulations for producing and handling subsistence. We thus assume that there is no requirement for additional inspection and certification by US veterinarians - please confirm. If Danish plants/vendors had to undergo the time consuming inspections and certifications by US veterinarians in addition to in-depth inspection accomplished by the Danish authorities, they would in many cases refuse to deal with the BMC and Thule Air Base, and this situation would jeopardize the BMC's compliance with the requirement to maximize purchases from Denmark.
31-Jan-14 There is no requirement to purchase from US Veterinarian Approved sources; sources approved by the Danish authorities are acceptable.
RFP No reference No clause currently included in the RFP
Will the USG consider to include a Contract Clause that describes how major increases or decreases in the contractor's cost resulting from changes to Danish/Greenlandic law, including work environmental legal requirements and a major change to the present level of taxation in Greenland will be handled? It is the bidders understanding that such a clause would be in the best interest of the USG, since the bidder in that case does not have to include any risk factor in the proposed price.
31-Jan-14 If market conditions change during the contract, the contractor can always submit to the contracting officer a request for equitable adjustment during contract performance; the US Government is not considering adding a clause to address this situation specifically.
RFP, Section I, page I-4
DFAR 252.236-
Levies on Contract Payments
Please confirm that the DFAR clause is not relevant to a Danish company that does not have to pay tax in the USA - but pays tax to the Danish/Greenlandic authorities?
31-Jan-14 DFARS Clause 252.236-7110 does not exist. It is assumed that the question pertains to DFARS Clause 252.232-7010 Levies on Contract Payments. The DFARS does not exempt any foreign offeror from the DFARS Clause.
Section A-M, PWS, etc.
Section number
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RFP, Section H, page H-2
Clause H-3 Minimum Insurance Requirements
Clause H-3 does not include any requirement for a medical malpractice insurance for the BMC staff providing medical and dental care in accordance with the PWS, paragraph 3.22. Please clarify if the USG does not consider the medical malpractice insurance a mandatory requirement?
31-Jan-14 Please see Section I; Clause 52.237-7.
RFP, Section B
CLIN XX01 Operations and Maintenance Please confirm that TDY costs should be included under the respective CLINs that the training/TDY is associated with?
31-Jan-14 Concur, TDY costs should be included under the respectice CLINs.
RFP, Section B
CLINs 08XXX Pricing of the 12-Month Extension of Services Option.
The wording under each of the 80XX CLINs (with the exception of CLIN 8100) reads "Monthly price is equal to the Option Period exercised prior to this period adjusted for any applicable wage increases via EPA". We assume that this wording is to be understood as “the monthly payment is the same as the monthly payment during the past Fiscal Year Option (Contract year 7 (FY-22), but with EPA for FY-23. In the proposal all offered prices for CLINs 80XX would be exactly the same as the prices offered for CLINs 70XX” - please confirm.
Some CLINs under 08XXX are the FFP, but these are anyhow stated as being EPA’ed.
Is that correct?
31-Jan-14 Concur, the US Government expects all prices for CLINs 80XX to be exactly the same as prices proposed for CLINS 70XX. CLINs under 80XX that were only FFP (to not include EPA) will be revised in the RFP (see previous Q&A).
RFP, Section B
CLIN 08025 and 08035
Subsistence, and 821 ABG Materials, equipment and Supplies
The US Government has not provided an estimated amount. Please clarify?
31-Jan-14 The US Government has added estimated amounts to CLINS 8025 and 8035 in the RFP.
RFP, Section B
CLIN 09001 Phase-Out
The phase out may be labor extensive but may also include as well supplies, materials, parts, and travel as other services. The Phase-Out CLIN (9001) does not include any EPA please clarify if this is intentional?
31-Jan-14 Concur, RFP adjusted to include "FFP with EPA" on CLIN 9001. A line for Phase-Out will also be added to Attachment 2, Section B Price Worksheet, to include "Labor and Social Benefits" and a "Non-Labor" lines.
Section A-M, PWS, etc.
Section number
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RFP
Section H-1(d), page H-1
In accordance with FAR 52.216-4©(4), the aggregate of the increases in total price (including all option periods) of all line items covered by this clause shall not exceed 32% of the awarded total price (including all option periods) of all items covered by this clause.
An aggregate maximum of 32% corresponds to an annual increase of 4.5% from FY-16 to FY-22 (6 times EPA) since there is no EPA for FY-16. Please explain if it is the USG's intention that the bidder shall carry the risk for increases in prices from the date of the submission of the proposal in 2014 and until 1 October 2016, and hereafter also carry the risk of increases over and above a total of 32% for the duration of the contract?
31-Jan-14 The contractor shall carry risk from proposal submission until first labor EPA calculation/adjustment in FY 17. The maximum percentage ceiling of this particular clause could be increased by the US Government if market conditions dictate.
RFP
Section H-1(d) and FAR 52.216- (c)(4)
EPA - Ceiling
The referenced FAR Clause states: "The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price". Please confirm that the "contract unit price" in this respect is to be understood as the entire CLIN amount and not just elements of the entire CLIN price?
31-Jan-14 Concur, 10% referes to entire CLIN amount and not any one element of that CLIN.
RFP
Section H-1(d), FAR 52.216-(c)3
Section H-1(d), FAR 52.216-(c)3
Even only FAR 52.216-4(c)(4) is listed in the RFP Section H-1(d ), we assume that the entire FAR is directive since the entire FAR is listed in Section I, page I-1. FAR clause 52.216 (c)(3) states: "There shall be no adjustment for any change in rates of labor (including fringe benefits) or unit prices for material, which would not result in a change of at least 3 percent of the then-current total contract price." Please confirm that the definition of the "then-current total contract price" is the total aggregate of all CLINs for all 7 contract years - the basic year plus 6 option years.
31-Jan-14 "then-total contract price" is defined as the contract price for the base plus option years at the time an adjustment is requested.
Section A-M, PWS, etc.
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RFP
H-4, Government Furnished Property, page H-
Definition of Government Property
Please inform if the vessels contracted for by the USG and transporting supplies, fuel and goods to Thule, and all AMC and AMC chartered airplanes landing at Thule, are defined as "Government Property", when they are serviced by the BMC as required by the PWS? Please also inform if the vessels and the airplanes are thus subject to the limitations in BMC's responsibility as defined in Clause H-4? If this is not the case, please elaborate on the BMC's responsibility when handling vessels and AMC or AMC chartered aircrafts IAW the PWS requirements.
31-Jan-14 All instances stated are considered US Government property and would fall under the limitations of Clause H-4.
RFP
RFP Package, Attachment 2
Price Worksheet
It seems like the worksheet itself is locked and cannot be printed in total, and there is no space for Phase-In and Phase-Out, and Termination Cost cannot be filled-in.
Please unlock the worksheet.
31-Jan-14
As part of the proposal, offerors are required to fill out both Section B of the RFP and Attachment 2, Section B Price Worksheet. In Attachment 2, worksheet cells that need to be populated by the offeror are accesible. The printing area and all other aspects of printing have been corrected in this Attachment, so offerors will be able to print the entire worksheet.
RFP
RFP package, Attachment 2
Price Worksheet, Labor and Non-labor prices
Please inform if the bidder must split G&A costs and profit between Labor and Non-labor, or load all of these to either Labor or Non-labor?
31-Jan-14 All G&A and Profit should be included in the "Non-Labor" lines in Attachment 2, Section B Price Worksheet.
Section A-M, PWS, etc.
Section number
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RFP
PWS, Paragraph
4.5 Applicable
Directives, page
List of Directives
The following documents are listed as "Directive" in paragraph 4.5 of the PWS, but are not referenced in Part 3. It is our impression that CFR 29 and CFR 40 both are very comprehensive documents and that only a few parts of these documents are relevant for the operation at Thule AB (it is our impression that the FGS is the overall directive for Thule AB as regards environmental rules). Please explain if the USG will consider to include more specific references in Part 3 of the PWS to the parts of CFR 29 and CFR 40 and the NFPA AF FES TIG documents that are intended to be directive upon the contractor.
29 CFR
40 CFR
NFPA 1 AF FES TIG
NFPA 1071 AF FES TIG
NFPA 1582 AF FES TIG
NFPA 1710 AF FES TIG
NFPA 1851 AF FES TIG
31-Jan-14
Neither 29 CFR nor 40 CFR are applicable in total. Applicable portions of 29 CFR are listed as Standards (STD) in PWS paragraph 3.4.7.2. Applicable portions of 40 CFR are listed as STD in PWS paragraph 3.14.48.1.
NFPA AF FES TIG documents are regulations that tailor NFPA references to Air Force Fire Emergency Services; making the applicable regulations less stringent than requireing entire NFPA regulations. The AF FES TIG documents listed here apply as acceptible quality levels (AQL) in the following PWS paragraphs: 3.13.7, 3.13.8.1, 3.16.12.3, 3.16.15, and 3.16.15.1.
All All N/A
Will the Government provide sufficient workload data for all PWS requirements including historical data and component types?
3-Feb-14
Workload data is part of the Technical Bidders Library (TBL). A DVD will be sent to the trusted agent listed in the access request form when an offeror meets all requirements to receive TBL documentation. Any further information (not on the DVD) will be posted on FBO via the explicit access folder.
Section H H-1 (a)
(a) Introduction: This clause is developed in accordance with FAR 16.203 to establish the method by which cost indexes are used to adjust contract price. Use this clause with the labor amounts at contract Attachment 2, Section B Pricing Worksheet, to calculate the economic price adjustments in FY 17 through FY 22. There will be no EPA adjustment in FY
16. The amounts in Attachment 2 will be updated by the parties with each contract modification.
The Government provided a detailed explanation of escalation and how it relates to economic price adjustments during contract modifications. Is it the Government's intent that the contractor escalate option year pricing using each contractor's standard methodology or should the contractor escalation at a rate of 0.00% for all years with the expectation that there will be an economic price adjustment for each year of contract execution?
3-Feb-14 With regards to labor, the contractor's escalation should be at 0.00% without taking into consideration downward pricing.
Section A-M, PWS, etc.
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Section L L-6.D.1.a.2
Utilize the staffing matrix format provided (Attachment 10); add and delete rows as needed. Include labor category descriptions containing general resume-like information, such as education, training, professional qualifications, licenses, and years of experience (do not include names of personnel). Also include any necessary security clearances, training and certifications associated with PWS requirements for each labor category.
Training is listed in two different columns on Attachment 10. Will the Government clarify the difference in the two types of training requested?
3-Feb-14 Concur. The US Government will remove training from the first column in Attachment 10, and make subsequent changes to the language in the requirements for the Staffing Plan in the RFP under Subfactor 1.
Section L L-6.D.1.a.2 Utilize the staffing matrix format provided (Attachment 10); add and delete rows as needed.
L-6.D.1.a.2 states that the contractor should use the staffing matrix format provided (Attachment 10). Based on the number of labor categories this will be lengthy. Will the Government consider excluding Attachment 10 from the 50-page limit allowed for sub-factor 1?
3-Feb-14 If given sufficient reason to do so, the US Government would consider an exclusion or additional pages. However, as of now the US Governmnet does not believe the information required by this subfactor will require an exceedance of the 50 page limit.
Section L L-6.D.1.a.2 Utilize the staffing matrix format provided (Attachment 10); add and delete rows as needed.
Are bidders permitted to add columns to Attachment 10?
3-Feb-14 No, all offerors must populate the columns provided and may not add any additional columns.
Section L L-6.D.1.a.2 Utilize the staffing matrix format provided (Attachment 10); add and delete rows as needed.
When a labor title is bid against multiple PWS para numbers, is it the Government's intent that bidders shall include a separate line for each PWS occurrence or is your expectation that the Attachment 10 will only have a single line for every different title (i.e., 80 lines on the attachment 10 for 80 different titles)?
3-Feb-14
Offerors should include a separate line for each PWS occurrence, even if that means the same "Labor Category" will be included in multiple PWS areas. However, the US Government has included an extra column for "Cross Utilization Description" to the Staffing Matrix, Attachment
10. If an offeror intends to cross utilize a particular CME, only one line should be included for that CME and the offeror should include an explanation in the "Cross Utilization Description" of how that CME, or group of CMEs will be cross utilized across the PWS requirements.
Section L L-6.D.1.a.2
Staffing Plan: Provide a staffing plan, with proposed workforce composition (to include seasonal hiring) showing labor category, contractor manning equivalents (CMEs), and associated number of hours for each functional area to meet all Thule Base Maintenance PWS requirements for the base period and all option years.
Will the Government provide applicable references and a definition of “contractor manning equivalents (CMEs)” and the method of calculation?
3-Feb-14 No, calculating CMEs is up to each individual offeror. Staffing plans should ensure the ability to fulfill the PWS requirements.
Section A-M, PWS, etc.
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Section L L-6.D.2.B.8) Confirm that direct labor rates utilized in proposal preparation conform to the applicable collective bargaining agreements.
The draft solicitation did not contain a collective bargaining agreement (CBA).
Will the government provide the most current CBA with the final solicitation?
3-Feb-14 Yes, applicable Union Agreements are included in the TBL DVD under folder "04.3 Union Agreements"
PWS 2.3
In addition to directives listed within this PWS, BMC operations shall comply with all current Thule AB Instructions (TABI). If a TABI requires compliance with one or more secondary directives, those secondary directives are not mandatory unless specifically required within this PWS. In PWS paragraph 3, if no standard is explicitly listed for a requirement and no TABI is applicable, BMC operations will comply with Danish industry or commercial standards.
Will the Government furnish a copy of the applicable Thule Air Base Instructions
(TABI)?
3-Feb-14 Yes, TABIs are included in the TBL DVD under folder "04.1 Directive." TABIs are included in the appropriate subfolder as organized by functional area of the PWS.
PWS 3.4.7.3
Disposal of HAZMAT refers to Final Governing Standards (FGS), para C6.3.10
Will the Government provide the Final Governing Standards (FGS) in the final
RFP?
3-Feb-14 Yes, the FGS is included in the TBL DVD under folder "04.1.4 (3.4) Supply"
PWS 3.14.4
Operate, maintain and repair electrical generation equipment in “M” plant (Building 1391) and “J” plant (Building 4016). Electrical generation equipment includes all components of the generator set (i.e. diesel engine, alternators, crankshaft, flywheel).
Will the Government provide the manufacturer’s name for the generator sets and the date they were last overhauled?
3-Feb-14 Yes, a full inventory of the electrical power system is included in the TBL DVD under folder "02 Inventories." This includes manufacturer of the generator sets, hours the engine has run since last overhauled, and much more data.
PWS 3.14.45
Maintain the ability to quarry and produce crushed rock on site at Thule AB.
Will the Government provide the equipment to produce crushed rocks?
3-Feb-14 No, there is no GFP rock crushing equipment. An Evo 47 HD will be purchased by the current contractor in the summer of FY14 and will be part of Contract Property to be turned over to the successfor contractor.
PWS 3.14.47
Provide custodial services. Includes permanent-party facilities; does not include third-party tenant facilities. Coordinate with affected agencies to prevent disruption of mission. See PWS paragraph 3.30.1 for lodging housekeeping standards and PWS paragraph 3.22.1 for medical facility custodial standards.
Will the Government identify the facilities in Attachment 3 DRAFT GFP (Real Property and RPIE) which require the following; Level 1 Prestige condition and Level 2 Basic condition custodial levels of services?
3-Feb-14
As part of the TBL documents that will be posted in the explicit access portion of FBO, the US Government will provide a listing of all facilities and their current functions as of a certain date.
This may be cross referenced with the requirements in the PWS for custodial and the square footage for each building in Attachment 3, GFP (Real Property and RPIE).
PWS 3.16.12.1
Maintain a stock of Aqueous Film Forming Foam (AFFF).
Will the Government confirm holding tank availability and capacity to meet this requirement?
3-Feb-14 Yes, As part of the TBL documents that will be posted in the explicit access portion of FBO, the US Government will provide a list of truck capacity and the quantity of firefighting agent on hand as of a specific date.
Section A-M, PWS, etc.
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Attachments 3-9
N/A N/A
RFP attachments 3-9 do not appear to contain GFE, Real Property or furniture for the ATCALS/Air Terminal/Air Field/Weather work centers. Will the Government add the ATCALS, Air Terminal, Air Field and Weather related Government Furnished Equipment and Furnishings to the final RFP documents?
3-Feb-14 RFP Attachment 7, GFP (CA CRL) - Gov Replaced, contains the Government Furnished equipment related to the ATCALS/Air Terminal/Airfield/Weather requiremnets in the PWS.
The various labor union agreements applicable to the work performed under the BMC contract at Thule AB contain a number of terms, conditions and fringe…
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