Pre-Proposal Minutes 21June 2011.pdf

PREPROPOSAL CONFERENCE

SOLICITATION NO: FA4497-11-R-0013

PROJECT NO: 111098

PROJECT TITLE: Base Pavement IDC

DOLLAR THRESHOLDS OF CONTRACT: 1,000,000 to 5,000,000 base and each option year

CLOSING DATE: 13 July 2011, 4PM

PERFORMANCE PERIOD: 204 Calendar Days for the base year and 365 for each option year

NO. OF AMENDMENTS AS OF THIS MEETING: 01

NO OF ADDENDA AS OF THIS MEETING: 0

CONTRACTING OFFICER: Mr. James Russial

BUYER: Mrs. Diane Fowler

SCOPE OF WORK:

The project consists essentially of, but is not limited to, the construction of asphalt and concrete pavements, curbs and sidewalks, including demolition and removal of same, and the construction of storm water drainage structures including trench drains, drainage inlets, manholes, storm sewer pipe, and other miscellaneous appurtenances.

cc: Attendees

DEPARTMENT OF THE AIR FORCE

436th Contracting Squadron (AMC)

639 Atlantic Street Dover AFB, Delaware 19902-5639

21 June 2011

FROM: LGCA (Diane Fowler /302-677-5208)

SUBJECT: Minutes of the Pre-proposal Conference

SOLICITATION NO: FA4497-11-R-0013

PROJECT NO and TITLE: Base Pavements IDC

DATE/TIME: 21 June 2011

LOCATION: Staging Room, Building 639

Attendees: See attached attendance roster.

1. Central Contractor Registration: Prospective contractors must be registered in the Central Contractor Registration (CCR) database prior to award of a contract. You may register by going to the Internet at http://www.ccr.gov/ . You will need to know your Duns number. If you don’t know it, you may call 1-800-333-0505. If you do not have access to a computer, this office will provide you with a blank form/application upon receiving a written request.

2. State of Delaware, Division of Revenue:

a. By State law, contractors with Government contracts over $20,000 must obtain a Delaware business license, post bond to insure payment of taxes, supply a list of subcontractors, and if employees are working in Delaware the contractor must withhold Delaware taxes.

b. If you have any questions, please contact Mr Robert O’Hara, a representative from the State of Delaware, Division of Revenue, at 302-744-1088., or you may write him at the following address: Dover Auto Bureau, Attn:

Robert O’Hara, Division of Revenue, 540 S DuPont Hwy, Thomas Collins Building, Ste 2, Dover DE 19901-4523.

Or, you may e-mail him at robert.ohara@state.de.us.

3. Site Investigation and Conditions Affecting the Work:

a. It is your responsibility to ascertain the nature and location of the work and that you and your subcontractors are satisfied as to the general and local conditions that affect the work. Upon submitting a signed proposal, you acknowledge that you have satisfied yourself as to the character, quality, and quantity of the surface and subsurface materials, or obstacles to be encountered and from that of the drawings and specifications.

b. The government assumes no responsibility for any understanding reached or made concerning conditions that affect the work. In other words, unless something is latent, the government will not change the contract.

c. You and your subcontractors are expected to perform a detailed analysis of the solicitation. A contractor receiving an award should have brought up all issues and concerns, including those of their subcontractors, regarding the specifications and drawings.

4. Specifications and Drawings for Construction:

a. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both.

b. In cases of difference between drawings and specifications, the specifications shall govern.

DEPARTMENT OF THE AIR FORCE

436th Contracting Squadron (AMC)

639 Atlantic Street Dover AFB, Delaware 19902-5639 http://www.ccr.gov/� mailto:robert.ohara@state.de.us�

c. In case of discrepancy in the figures between the drawings and in the specifications, the matter shall be promptly submitted to the Contracting Officer for a decision. Any adjustment by the contractor shall be at your own risk and expense.

5. Permits and Responsibilities:

a. You are reminded that it is your responsibility to find out and comply with all Federal, State, municipal laws, codes and regulations applicable to the performance of the work and obtain any required licenses and permits.

Contractors who don’t comply with these provisions are subject to sanction under the terms of such contracts.

Sanctions may include cure notice, government claim for damages, partial/total termination for default and suspension/debarment.

b. You are reminded to be sure to comply with all safety standards/requirements set forth in the contract. You are reminded OSHA representatives have access to the base at any time and often come unannounced.

6. Earth Work:

a. AF Form 103, Excavation Permit, is required to be obtained from the Government prior to excavating the site.

Dover AFB Instruction Regulation entitled Work Clearance Requirement requires the contractor to obtain a Work Clearance Request (WCR, or excavation permit) as indicated below:

(1) The contractor will initiate and process the request. The Government will provide the proper form. Notify the government inspector of the need for the WCR no earlier than 10 days and no later than five working days before excavating. The contractor shall take the WCR and a site map to include grid location showing proposed construction and the surrounding existing facilities to the Production Control Center (PCC), Building 600, to obtain the proper signatures (CEPM, CEVC, CEVR, and Communications). The contractor is also responsible for contacting Miss Utility.

NOTE: Under the current AF Form 103 process it is the responsibility of the contractor to obtain clearance from Miss Utility (phone 1-800-282-8555) for utility services not owned by Dover AFB (i.e. Chesapeake Utility’s steel gas lines, AT&T communication lines, Comcast Cablevision lines, & Kent County sewer lines). Call Miss Utility prior to submitting the request to CE customer service. Be sure to adequately describe the exact location and type of work involved to Miss Utility in lieu of, perhaps, just the title of the job. Specifically address required excavation work and the exact location of the excavation. The Government process makes this communication solely the responsibility of the contractor.

(2) The contractor will mark the location of the dig in the field, in white, within 18 inches of the proposed excavation prior to the Government shops visiting the site. If the required location of the job site changes, the request must be revalidated and reapproved. The contractor is responsible for protecting the markings made by the Government and/or Miss Utility. If the markings disappear or become unreadable, all work will stop and remarking will be done.

Remarking may require collection of remarking cost to be paid by the contractor. A new work clearance will be processed to obtain new markings. Digging must begin within 21 calendar days of issue or the request will expire.

(3) In the event any damage occurs to a utility, notify the PCC at 677-2856.

(4) Provide the government inspector with a copy of the signed and approved AF Form 103 after receipt of same.

(5) Once digging is complete the contractor will notify PCC.

b. The contract drawings require sediment and erosion control. The government will obtain an excavation permit through DNREC. Everyone was reminded that there is a State law that requires a contractor to take measures to control sediment erosion. Failure to execute sediment and erosion control measures and maintain them throughout the duration of the contract and/or until permanent measures have been established may result in a Notice of Violation from the State of Delaware and your company fined.

7. Superintendence by the Contractor: The prime contractor is required to directly superintend the work. The superintendent is required to be at the site at all times when work is in progress and have the authority to act for the prime contractor. An employee of a subcontractor cannot be the superintendent on a full time basis. The government may approve a subcontractor as the superintendent under special circumstances, only on a part time basis, and only if he has written permission to act on the behalf of the prime contractor.

8. Performance of Work by the Contractor: This solicitation requires the prime contractor to perform, on site, 25% of the total amount of work.

9. Receipt of Proposal/Solicitation Analysis:

a. Be sure to submit the proposal prior to the closing date and time. Failure to be prompt/on time shall cause this office to not accept receipt of your proposal. The proposal closing time is at 4pm on 13 July 2011.

b. No formal public bid opening will be held. In accordance with Federal Acquisition Regulation (FAR) 24.202(a) and 10 U.S.C. 2305(g), a proposal in the possession or control of the government, submitted in response to a competitive solicitation, shall not be made available to any person under the Freedom of Information Action.

FAR 15.506 further indicates that “An offeror, upon its written request received by the agency within 3 days after the date on which that offeror has received notification of contract award . . . shall be debriefed and furnished the basis for the selection decision and contract award.” In other words, the results of the solicitation are not releasable other than to tell you of your individual ranking to the proposal.

c. Award of this solicitation shall be made upon best value to the government considering past performance and price.

d. As a result of the Hazardous Material Identification and Material Safety Data clause being in this solicitation, you are required to submit a Material Safety Data Sheet, meeting the requirements of 29CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of the clause.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsible and ineligible for award.

10. Instructions for Preparation of Proposals:

a. Be sure to follow the instructions found under Part IV – Representations and Instruction; Section L;

Instructions, Conditions and Notices to Bidders, Offerors or Quoters under the heading of Proposal Preparation Instructions. Two separate volumes are to be submitted.

(1) Part I – Price Proposal – RFP documents are to be completed as identified/indicated in para LGCA-L-1 subparagraph C1.

(2) Part II - Past Performance Information – Past Performance Information should address each of the areas identified in para LGCA-L-1 subparagraph C2. Be complete, thorough, and yet concise. You are cautioned to submit sufficient information and in the format specified to enable the evaluator to fully ascertain your capability to perform the requirements contemplated by this solicitation. Please ensure that the name, phone and fax numbers, address, and e-mail address of the points of contact for the relevant contracts provided are current.

b. There is no guarantee this office will open discussions and ask for a final proposal. Suggest you offer your best price initially.

c. Note requirements of H-003, Performance and Bid Requirements. You are required to submit a bid bond with your proposal.

11. Wage Rates:

a. The Wage and Hour Division has issued the below general guidelines for use in selecting the proper schedule(s) of wage rates. If you feel this office has incorporated an incorrect wage rate or you have any questions/complaints advise immediately.

Highway construction is generally the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, parking areas, and other similar projects that are not incidental to “building”, “residential”, or “heavy” construction.

12. Conformance of a Wage Rate: If the contract requires work to be performed by a laborer or mechanic which is not included in any of the classifications listed on the wage determination, a conformance is needed to provide a wage rate for that work. A conformance cannot be processed until after contract award. The contractor should request conformances no later than 30 days after the start of the work activity in question.

a. Conformances are appropriate only if the following are all true:

(1) Work is not performed within an existing classification as described the by SCA Directory of occupations for service work or by local area practice for construction work.

(2) The work is not a combination of two or more existing classifications.

(3) The proposed class is not for trainees, helpers, or a level lower than the entry level of an existing class.

(4) The proposed class is not for employees considered exempt (manager, professional or administrator).

(5) The proposed class is commonly used by the construction industry in the locality.

(6) The proposed wage bears a reasonable relationship to the wage rates listed on the wage determination.

b. Conformances are rare. Conformance is not needed/permitted:

(1) To split classes into tightly defined groupings and assign lower/higher rates to the sub-groupings.

(2) To allow the contractor to match wages company wide for a particular class.

c. The contractor completes the Standard Form (SF) 1444. All employees must sign an agreement or disagreement, the Contracting Officer reviews the request and concurs/disagrees, adding comments and forwards to DOL.

d. The contract price remains unchanged when a wage rate is conformed.

13. EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA:

a. The U.S. Department of Labor has amended the regulations so that now contractors and subcontractors with a contract of $25,000 or more with the Federal Government must take affirmative action to hire and promote qualified special disabled veterans, Vietnam-era veterans and any other veteran who served on active duty during a war on a campaign or expedition for which a campaign badge has been authorized. Contracting Officers will have to confirm (where applicable, i.e.: if you’ve held a contract over $25,000 in the past year) that the contractor VETS- 100 report was submittal before this contract award is made. If you have any questions about the VETS-100 reporting requirements, call the VETS-100 Processing Center, 703-461-2460.

b. The Employment Reports on Disabled Veterans and Veterans of the Vietnam Era, FAR 52.222-37, is included in this solicitation because the resulting contract of this solicitation is estimated to be awarded over $25,000. The report may be electronically submitted by visiting http://vets100.cudenver.edu/on the Internet.

Reports shall be submitted no later than 30 September of each year. You are also reminded the terms of this clause are required in every subcontract or purchase order of $25,000 or more unless exempted by rules, regulations, or orders of the Secretary.

14. LIQUIDATED DAMAGES - CONSTRUCTION:

a. If the contractor fails to complete the work within the time specified in the contract, or any extension, the contractor shall pay to the government as liquidated damages, the sum of $399.35 for each day of delay to include the day of acceptance.

b. Liquidated damages are not punitive in nature. They are typically based on administrative costs for an estimated number of hours it takes various persons to administer the contract on any given day. An example (but not conclusive) of persons involved are the government inspector and administrator. The dollar amount indicated may also include lost revenue (i.e.: idle housing) or costs incurred for rental of a building.

15. PROGRESS SCHEDULE:

a. The reports contemplated by the clause titled, “Schedules for Construction Contract” (52.236-15) shall be accomplished on and in accordance with instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report.

b. The contractor shall furnish the Contracting Officer a list of major high-cost items to be incorporated into the contract and for which payment, prior to installation, will be requested. Those items approved by the contracting officer will be entered on the AF Form 3064, Contract Progress Schedule, as a percentage factor, or factors if items are listed individually.

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c. Payment is limited to major high-cost items. A major high-cost item is defined as a single item of material with a unit price of $500.00. Such costs as sales tax, freight, handling, pallets, etc., are excluded.

16. QUESTIONS/ANSWERS: Everyone is highly encouraged to submit questions in writing to ensure complete understanding of the question. E-mail your questions to Diane.Fowler.1@us.af.mil. Questions and answers will be posted to the solicitation file on www.fbo.gov.

With no further questions, the office meeting was concluded at approximately 10:30a.m.

17. Changes: You are reminded that "NO CHANGES" are authorized in the solicitation specifications or drawings unless directed by the Contracting Officer. This solicitation remains unchanged at this time, regardless of what has been said during this site visit. If the solicitation is changed, an amendment will be posted to the Fed Biz Ops.

18. The FedBizOps system should notify you when changes are posted to the Internet; however, that has not always been the case. The e-mail notification system is not guaranteed, and it is the contractor's responsibility to check FedBizOps for the latest information, even if you do not receive an email directing you to do so. This position is backed up by the following disclaimer on the "E-Mail Notification Registration Page" located within FedBizOps. Disclaimer: “This service is provided for convenience only and does not serve as a guarantee of notification. Subscribers to this list service are ultimately responsible for reviewing the Federal Business Opportunities site for all information relevant to desired acquisitions.”

//SIGNED//

DIANE FOWLER

Contracting Administrator

Reviewed by: //SIGNED//

JAMES J. RUSSIAL

Contracting Officer

Attachment:

Attendance Roster cc: www.eps.gov

CECC

http://www.fbo.gov/� http://www.eps.gov/�