Atch_5_Questions_and_Answers.pdf

12 May 2015

Questions and Answers

FA4855-15-R-0002

Question 1: Will we have to add the NM Gross Receipts Tax in our price proposal?

If so, what is the current tax rate?

Answer 1: Offeror’s pricing of each Contract Line Item Number (CLIN) shall be inclusive of New Mexico Gross Receipts Tax as part of their price proposal.

To determine the current tax rate applicable to Cannon Air Force Base, offeror’s are advised to contact the New Mexico Taxation and Revenue Office. The below numbers are potential sources to obtain the current rates.

Combined Reporting System (CRS) Office: 505-476-3683 General Inquiries: 505-827-0700

Question 2: Please confirm a date up to which we can submit any further questions after the site visit.

Answer 2: Follow-up questions are due by 07:30 a.m. mountain standard time on 18 May 2015.

Question 3. What type of flow meter is located at the Golf Course pump house?

Answer 3: The Golf Course pump house flow meter is currently an insertion electromagnetic meter type. The Government is evaluating replacement of the meter, so the meter type is subject to change.

Question 4: Does the secondary containment located near the Original Headworks support the Original Headworks?

Answer 4: The secondary containment is for the below ground fuel tank that supports the 75 kVA backup generator. The generator and fuel tank systems are maintained by 27 SOCES.

Question 5: How does water get in and out of the raw wastewater basin?

Answer 5: Water is controlled in and out of the raw wastewater storage basin through valves and pumps, which are connected to the SCADA system.

Question 6: Is Contracting aware of the EPA Form 3560-3 Inspection that was performed by the New Mexico Environment Department and the resulting letter issued to Colonel Bauernfeind, Commander of the 27th Special Operations Wing of Cannon AFB on September 18, 2013?

Answer 6: Yes

Question 7: Is Contracting aware Cannon AFB was cited in Section C, Operation and Maintenance by the State in that inspection and given an overall rating of “UNSATISFACTORY” due to insufficient staffing at the wastewater treatment facilties?

Answer 7: Yes

Question 8: Does Contracting recall the government subsequently gave time extensions of the contract to the current contractor which allowed the ADDITION of staff from 3 to 4 people at the wastewater treatment plant?

Answer 8: The current contract was extended for three months in accordance with FAR 52.217-8, Option to Extend Services with an effective date of 1 May 2015.

Question 9: Is contracting aware the current Performance Work Statement for this solicitation dictates in Section 4.11.1, “At a minimum, the WWTP shall be staffed weekdays (Monday through Friday) 0600 to 1630 (6:00am to 4:30pm). During weekends (Saturday & Sunday) and Federal Holidays, the WWTP shall be staffed for any 4-hour continuous block during 0500 to 1400 (5:00am to 2:00pm)”?

Answer 9: Yes. See response to question 10 below.

Question 10: Does Contracting realize dictating coverage of only 60 ½ hours per week, with NO total minimum staff specified allows a minimum staff level of ONLY 2 to meet the hours of operation dicated in the Performance Work Statement?

Answer 10: No.

The hours mentioned represent the minimum coverage window for normal duty days, weekends and Federal holidays, plus non-duty hour coverage in an on-call status. However, the Contractor is required to staff the plant as appropriate to meet all of the requirements (i.e. operation, inspection, maintenance, continued personnel qualification and training, workplace safety and health, recordkeeping, etc.) listed in the Performance Work Statement (PWS) and the National Pollutant Discharge Elimination System (NPDES).

PWS para. 4.1.4. states: “The Contractor shall operate, maintain, and staff the WWTP with the appropriate number of personnel and work hours to satisfy all requirements of this PWS and the NPDES permit.”

Overall, the Contractor is responsible for WWTP operations 24 hours per day, 7 days a week, maintaining a significant number of equipment items and wastewater treatment processes that must be handled safely by an appropriate number of qualified personnel and comply with all federal, state, and local regulations.

Question 11: Does Contracting recognize the Solicitation FA4855-15-R-0002, Section 52.212-2 clearly states on page 15, Part 1, “Basis of Contract Award”, part a, “This is a Lowest Price Technically Acceptable (LPTA) Source Selection conducted in accordance with Federal Acquisition Regulation (FAR) 15, etc. etc.”?

Answer 11: Yes

Question 12: Does Contracting recognize the Solicitation FA4855-15-R-0002, Section 52.212.2, page 15, goes on to state “The Government will select the Proposal with the lowest evaluated price from those meeting the acceptability standards for non-price factors”?

Answer 12: Yes

Question 13: Does Contracting recognize that in the Solicitation, Section 52.212.2, page 16, Section 2, Evaluation Process, states the Number one Factor for Evaluation is Price and “the Government will rank all offeror’s from lowest price to highest price”?

Answer 13: Yes

Question 14: Does Contracting recognize the current Solicitation FA4855-15-R-0002, page 12, Part II, Technical Capability , Subfactors 1 and Subfactors 2, does NOT mandate the Contractor specify the number of staff members to be used at the Wastewater Treatment Plant?

Answer 14: Yes

Question 15: Does Contracting recognize the Lowest Price Technically Acceptable (LPTA) approach encourages the contractors to staff at the minimum level of only TWO people to meet the minimum hourly staffing dictated under the Hours of Operation?

Answer 15: No. Please see response to Answer 10.

Question 16: Does Contracting realize this reduction in staff to succeed in winning the “Lowest Price” competition will lead to another rating of UNSATISFATORY when the New Mexico Environment Department makes a subsequent inspection?

Answer 16: No. The awarded Contractor is responsible for meeting all NPDES requirements (PWS para.

1.1., 4.1.4.)

1.1. states: “...The plant shall operate 24 hours a day, 7 days a week. Such operations shall include general operation of plant equipment, valves and piping, sampling and lab analysis, waste and effluent disposal, and other related services. Facility operations and effluent discharge practices shall comply with all applicable federal, state, and local regulatory standards, including the EPA-issued National Pollutant Discharge Elimination System (NPDES) and New Mexico discharge permit requirements.”

4.1.4. states: “The Contractor shall operate, maintain, and staff the WWTP with the appropriate number of personnel and work hours to satisfy all requirements of this PWS and the NPDES permit.”

Question 17: Why is Contracting choosing a route of selection (LPTA) that will clearly result in an irresponsible pricing approach through a reduction in staffing in order to offer the lowest price for this Contract?

Answer 17: Through market research, this approach is expected to result in best value for the Government. The PWS clearly states that the Contractor is responsible for staffing the plant with the appropriate number of personnel to meet PWS and NPDES permit requirements.

In addition, PWS para. 4.20.2. states: “In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by the Contractor’s negligence, the Contractor shall pay the Government for the amount of that fine plus the Government’s administrative costs. Additionally, the Contractor shall abide by any non-monetary penalties resulting from such violations, including, but not limited to, additional effluent sampling and analysis, preparation of plans, etc., without additional cost to the Government.”

Offerors are advised to refer to the Cannon AFB WWTP NPDES Permit No. NM0030236 Compliance Evaluation Inspection dated 9/5/2013:

https://www.env.nm.gov/swqb/documents/swqbdocs/NPDES/Inspections/NM0030236-20130905.pdf

“Finding for O& M Inadequate operational staff; at the present time there are only two plant operators and one lab technician assigned to the facility. The facility is upgrading from 0.75 MGD to 1.0 MGD. The WWTP is a complex system and requires highly trained and skilled Operators to prevent system failures and to protect human health and the environment. ...”

https://www.env.nm.gov/swqb/documents/swqbdocs/NPDES/Inspections/NM0030236-20130905.pdf