Follow_up_Q&A.pdf

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Attached to
Combined ITB & Fiber Optics Federal contract opportunity
Solicitation number
FA4528-19-R-A026
Issued by
Department of the Air Force Global Strike Command

About this file

This document contains questions and answers regarding a federal contract opportunity for site restoration services. The opportunity involves restoring an area within 180 days of receiving a notice to proceed. Progress payments will be used and liquidated damages will be assessed if work is not completed on time. Final acceptance will occur after site restoration is approved. Topsoil, grass seed, and planting timeframes are specified, though contractors note the standards lack definition. The contract value is between $1,000,000 and $5,000,000 and is set aside for Service-Disabled Veteran-Owned Small Businesses. The solicitation will be issued through FedBizOpps and awarded to the lowest priced technically acceptable offer.

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1. What is the anticipated date of award? 30 Sept 2019.

2. What is the Winter Exclusion, and are those dates exempted from the 365 days period of performance? Winter Exclusion lasts from 15 November to 15 March, but ultimately depends on the weather conditions.

3. Given that the “grounds restoration” requirements and restrictions, Sod/Grass can only be applied between 1 May and 15 June and then not until 1 September and 15 October, and as such it is unlikely that full restoration would be completed within this 365 days requiring contractors to redeploy adding significant expense., how will the Gov’t address this requirement given grounds restoration will likely last past this Period of Performance given the exclusions and planting/growing seasons? The methods are what the base Civil Engineering office has determined to be required in order to restore the site. Period of performance issues will be worked when/if it becomes an issue.

4. Will the Gov’t allow for progress payments? This is particularly important as contractors may have much of their costs incurred before the winter exclusion but not able to complete until ½ year later? Yes, progress payments will be the method used to invoice. Progress submittals will be verified against the contractor’s schedule.

5. The Gov’t calls out that if the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of ____$187.35____ for the first day and ___$147.97___ for each calendar day of delay until the work is completed or accepted. How will this be assessed? Liquidated damages are assessed when the contractor invoices. The Period of Performance is 365 days, but site restoration won’t occur for nearly 12 months. At what point will the Gov’t agree that “work is complete”? What is the standard or measurement for completion? Work will be considered complete when an operations check is performed by the 5 CS subject matter expert and site restoral is approved by 5 CES.

6. PWS states in paragraph, 2.2.15 Final Acceptance, “The Contractor shall schedule a final project walk-through with the Base POC. This should be scheduled 5 calendar days prior to acceptance.” Is this final acceptance to occur when a functioning system exists or after grounds restoration has been completed and accepted? Final will be after site restoral procedures have been followed.

7. PWS for Site Restoration states: 2.2.6 Site Restoration The Contractor shall be responsible for surface restoration. Restoration at each location shall be subject to final inspection and approval by the Base Civil Engineer (BCE) IAW guidelines set forth by the BCE. The Contractor shall dispose of all residues from this project off base and in accordance with (IAW) local and base environmental laws and regulations. The Contractor shall be responsible for grounds restoration to include, backfilling, soil compacting, reseeding, re-sodding or any other necessary material and services required to restore ground conditions to the original condition IAW with guidelines set forth by the BCE. All disturbed sites will require at least 4 inches of topsoil and a grass seed mixture of Kentucky Blue grass (35%), Red Fescue, Creeping (35%), and Ryegrass (30%). The grass seed shall be applied at a rate of 3 pounds/1,000 SF. Grass seed will be applied only between 1 May and 15 June and then not until 1 September and 15 October. The Contractor shall perform follow-up grounds restoration, if that location is not up to its original condition due to surface settling or lack of turf germination or seeding. The Contractor shall be responsible for restoration of asphalt, concrete, brick, paving stone, etc. at locations, which were damaged due to activities by the Contractor. Any asphalt, concrete, street, curb or sidewalk replacement shall be IAW with guidelines set forth by the BCE. At a minimum, the restoration shall be restored to match existing strength, color (to the extent practical) and type of material. The Contractor shall perform follow-up restoration if that location is not up to its original condition due to surface settling.

These terms highlighted in YELLOW are very vague and undefined and pose SIGNIFICANT risk to contractors based on high level of subjectivity written into this standard, “subject to final inspection and approval by the Base Civil Engineer (BCE)”, “IAW with guidelines set forth by the BCE”. Would the Gov’t please provide exactly what the “BCE guidelines are” and define the “exact” site restoration requirements that would deemed acceptable? Civil Engineering has determined there to be the highest chance of germination if the contractor utilizes the amount of topsoil, mixture of grass seed indicated, and applied during the stated time periods. I suggest documenting all existing site conditions prior to disturbing.

8. If after award, then PWS paragraph, 3.1 Period of Performance states: “The period of performance for the project shall be determined based on the proposed schedule and actual contract award date.” This seems to potentially conflict with the SF 1442 which states: “The contractor shall begin performance within 10 calendar days and complete it within 90 calendar days after receiving notice to proceed.” Will the Notice to Proceed be based on a mutually agreed date? The 1442 for FA4528-19-R-A027 in block 11 states begin performance within 10 calendar days of receiving the notice to proceed and complete within 180 days. Requirement FA4528-19-R-A026 states 365 days.

9. PWS paragraph 2.1.8 Warranty states: “Warranty will be minimum warranty as prescribed in

NETCENTS or equivalent. The warranty period shall start from the date of system and/or project acceptance. The Contractor shall provide written procedures and required information for warranty services at or prior to site acceptance.” However, given this is not a NETCENT contract and many contractors do not have knowledge of what the NETCENT warranty terms are, can the Gov’t provide that basis of what is considered an equivalent warranty? The NETCENTS Network Operations and Infrastructure PWS states “Each solution shall include a warranty as specified in Section I, Clause 52.246-21. In addition to FAR Clause 52.246-21, the following additional requirements apply: Users shall have highly reliable and maintainable telephony products and system solutions to interoperate with the described environment. Components shall be maintainable and expandable by the user without voiding the warranty coverage.

In addition to any OEM warranty coverage, three types of post cutover operation and maintenance support shall be provided: System Support, Workmanship Support, and Construction Support. The contractor shall provide for restoration of the system and repair of equipment in a timeframe specified as required by this contract, unless stated otherwise in the task order. The means to transport equipment and repair personnel both to and from the Government site is the responsibility of the contractor. The contractor shall provide technical support, software support, and hardware replacement for failed components, engineering support, and maintenance services necessary to ensure active management, reliable operations, and rapid restoration. These technical support services shall include Tier II to Original Equipment Manufacturer (OEM) level support as required based on the need to achieve problem resolution. All technical support shall be provided by certified technical personnel fluent in the English language. If the Offeror is alerted to a degradation or failure, the Offeror shall provide immediate support to the operational user to identify, troubleshoot, and remedy the problem. The Offeror shall execute all hardware repair actions necessary to return the affected system to full operational capability. If the failed equipment is no longer under any alternative warranty support, the Offeror shall provide replacement equipment.

Technical support shall be provided on a continuous, as-needed basis twenty-four (24) hours per day, 365 days per year for systems, peripherals, applications, and devices deployed. The contractor shall provide toll free, email, DSN, and PSTN access capabilities to contact requesting support for support issues.

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