Amend0004_Questions_Responses_Apr6.pdf

FA5000-15-R-0001

Amendment 0004

Response to Questions #3 No# Reference Question Response

Q92 B.1(a) The offeror shall provide a concise summary. Question: Is the government requiring an executive summary in Part 1? Please clarify what is the government requiring in the summary.

No, see SF 1449 Addendum 52.212-1, Instruction to Offerors.

Q93 PWS Appendix 4 Applicable Publications Issue: Several of the documents listed in the applicable documents are not referenced in the PWS. Question: Please confirm that unless referenced in the PWS, application of the non-referenced publications is not required. If that is not the case, please identify a location within the PWS for all documents included in the Appendix.

See Attachment 1, PWS parargaph 1.6.1 and Appendix 4 revised to follow all applicable Federal, State and local laws, policies, procedures, regulations, codes, directives and Uniform/Unified Codes and Criteria including references listed in Appendix 4 Applicable Publications and Forms.

Q94 PWS Appendix 4 Applicable Publications. Issue: This appendix requires compliance with AFI 32-1001 and AFPAM32-1125V1. These are relatively broad ranging documents covering a wide variety of activities within the Civil Engineering field. Question: Please advise which sections of these documents are considered relevant and mandatory for the purposes of this contract.

Entire publications is mandatory.

Q95 Appendix 5.2 Reports. Issue: This appendix calls for the submission of a Daily DSW Completion Status Report. Question:

Is there a preferred format for this report and what is the method of transmission to the Government?

Electronically per agreed format based on the contractor's CMMS reports capabilities.

Q96 PWS Appendix 5.2 Reports. Issue: Per FAR Subpart 2.1—Definitions. 2.101, services under a commercial type contract are, are “of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions”. This appendix calls for the submission of a “Weekly DSW Completion Status Report to include labor hours, shop rate, direct labor costs, indirect labor costs, material type, quantity and cost, and equipment showing completion dates of DSW and Quality Control report.” This level of data is not usually provided to commercial customers which is the standard associated with a commercial procurement. Question: Please provide clarification as to the manner in which the level of data required for reporting is consistent with a commercial type contract given that such data is not normally provided to commercial customers.

Commercial practice of preventative maintenance contracts of this magnitude typically include utilization of a suite of facility support software/computerized maintenance management system to track costs, labor hours, material and work-orders and in-turn provide its customer with management reports, invoices with back-up documentation created by the software suite. The 773rd Civil Engineer Squadron has reporting requirements to track expenditures for Real Property Installed Equipment and facilities which is .

Q97 What are the current staffing levels of all trades under this contract? To be determined by offeror to meet PWS requirements.

Q98 PWS Section 4.9.24 Records Issue: This section of the PWS indicates that “All records created and received by the Contractor in the performance of this contract shall be maintained and readily accessible. Records shall remain the property of the Government.” In the same manner as the question regarding data rights, this appears to extend to personnel, payroll and other contractor documents used in the execution of the contract. Given the commercial procurement nature of this fixed price contract, we assume that such a far reaching intent is not the desire of the Government.

Question: Please clarify as to the types of records to be covered by this section of the PWS.

The Government’s intent is any records developed in support of this contract for facility maintenance such as maintenance logs, work-orders, materials and costs for example. The government is not looking for payroll records unless required by FAR Part 4.703 which states that contractors shall make available records, which includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form, and other supporting evidence to satisfy contract negotiation, administration, and audit requirements of the contracting agencies and the Comptroller General.

Q99 Appendix 8 Exterior Workload Data, beginning on page 8 of 14

Under the section related to Pavement Marking, we cannot see any unit of measure for the first 32 entries. Can the Government please clarify?

Attachment 1, PWS, Appendix 8, Exterior Workload Data has been revised in Amendment 0004.

Response to Questions #3 No# Reference Question Response

Q100 PWS Section 1.6.1 Reference: PWS Section 1.6.1 Issue: This section of the RFP states in part “The contractor's work shall be In Accordance With (IAW) all applicable Federal, State and local laws, policies, procedures, regulations, codes, directives and Unified Facilities Criteria (UFC).” Additionally, Appendix 4 states “The contractor is obligated to follow those publications and use those forms coded as mandatory to the extent specified in other sections of the PWS.” Question: It appears that section 1.6.1 appears to be in conflict with Appendix 4. Please clarify the government intent with respect to performance and compliance in light of the fact this is a commercial procurement

Refer to Q93

Q101 PWS Section 1.6.3.1 This section states in part “The contractor shall ensure maintenance is performed enabling structural items to operate as designed, free of defects, and function safely, properly and efficiently IAW manufacturer’s specifications/industry standards and all applicable local, State or Federal Regulations to include Air Force and Army Regulations and industry standards.”

Additionally, the response to Question 1 from the Government indicated that the contract which covered this work lapsed in January 2014. That would tend to indicate that the PM and repair programs have either been done as additional work or have been deferred. The workload data does not indicate if there is a significant amount of deferred work that the contractor will need to assume. a. How many work orders are currently in the system as deferred maintenance or repair? b.Has the predecessor PM program been maintained during the lapse period?

c. Is the offeror to assume that all systems are currently operating as designed, free of defects, and function safely, properly and efficiently IAW manufacturer’s specifications/industry standards and all applicable local, State or Federal Regulations to include Air Force and Army Regulations and industry standards? d. If systems are not operating compliantly at the start of the contract, will they be required to correct those under the fixed price CLINs?

e. If not how does new contractor account for work required bringing non-compliant facilities and systems to full compliance as the contract baseline would assume?

Attachment 1, PWS Appendix 2 has been revised in Amendment 0004

Q102 4.9.2 Contractor Furnished Property Listing. Issue: This section of the PWS requires the contractor to provide “…at full contract performance start date, a listing of all CFP that will be located on the JBER that is in conformance with their Contractor Furnished Equipment and Property Plan. The contractor shall provide an updated list within 10 workdays to the CO or COR each time the inventory is changed.” As discussed in a previous question, this contract is by design a commercial type/performance based effort using a fixed price structure. We are unclear as to the need for a requirement for such reporting. The equipment required by the contractor will vary as time progresses, workload shifts, seasons change and other factors intervene. Reporting of contractor owned equipment appears to run counter to the concept of a performance based effort acquired as a commercial service and will add unnecessary cost to the contract. Question: Please advise if it is the Government’s intent to have this type of reporting for all contractor owned equipment used on this project.

JBER is a Federal/Military installation and all contractor-owned equipment brought on to this installation needs to be identified and removed as necessary, and proper inventories provide the Government ownership of equipment on JBER.

Response to Questions #3 No# Reference Question Response

Q103 PWS Section 4.9.7 Data Rights. Issue: This section of the PWS states in part that “The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.” This is a very broad statement and could be applied to personnel/HR records as well as labor/payroll records which are considered proprietary.

Additionally, this statement could be applied to procurement documents used in the acquisition of materials and supplies for the project. Given that this is 100% FFP and acquired as a commercial contract with no cost CLINs there does not appear to be any level of expectation on the Government’s part that such data should be provided. Question: Please clarify the extent to which the Government intends to apply the claim of unlimited rights.

Refer to Q98

Q104 Will the Government provide an authorization letter as part of the RFP for the Contractor to use GSA pricing schedules for vehicles, equipment, materials and supplies?

The Government will provide an authorization letter for GSA after award.

Q105 PWS, 1.6.2 Direct Schedule Work The revised paragraph 1.6.2 states the limitations on maximum labors hours but does not set the maximum cost for material. Please clarify what the limitation is on material for each DSW so offorer can estimate material cost.

See Attachment 1, PWS Appendix 2, Workload Data provides historical cost for parts and materials.

Q106 Amendment 0002 – Response to Questions #2 Response to Question #9 states that the government’s intent is to group unlimited number of items into a single DSW. Please provide the guidelines of what items/tasks the government plan to group under a single DSW?

Work-orders can not exceed 32hrs, and generally will be individual work-orders items. Occasionally, multiple request maybe received for a facility and would be combined into one work-order for discrepancies/trades.

Q107 Appendix 8 – Railroad 1.) Please clarify if this listing in Appendix 8 is the total inventory or the items the offeror should estimate to repair each year?

2.) Will the government provide the estimated number of railroad ties and track estimated to be replaced each year?

1. Items in Appendix 8 are a list of associated parts and equipment.

2. No, The repairs will be determined as a result of the Inspections.

The number of ties to be replaced will be determined through the inspection and regulation associated with rail road maintenance.

Q108 Amendment 0002 – Response to Questions #10

Response to Question #10, states the there is no ceiling to the workload and the government can adjust or increase workload over the life of the contract without allowing the contractor an adjustment in pricing to reflect the increase scope. Since offeror cannot predict increases and decrease to the workload, will the government consider incorporating FAR Clause 52.211-18 ?

No

Q109 Appendix 8 – Crack Seal Is information listed for crack sealer in Appendix 8 the historical annual quantity the offeror is required to perform each year?

The information listed in appendix 8 is the approximate distance of the area. The time table for crack sealing is described in 1.6.3.8 Paved Surface Area – PM.

Q110 Appendix 8 – Gravel Road 1.) Please clarify if quantity listed in Appendix 8 is the monthly, annual or just the total LF of gravel roads on JBER.

2.) If the quantity is the total LF of gravel roads on JBER, please correlate which this information to the grading schedule listed on the maps.

1. The quantities listed is the approximate L.F of distance.

2.It is the Contractor’s responsibility to maintain the unpaved road in accordance with 1.6.3.9 of the PWS and DOT Standards.

Response to Questions #3 No# Reference Question Response

Q111 Amendment 0002 – Response to Questions #65

1.) How many days will the government provide the awardee with the award notice before the period of performance of the actual contract starts?

2.) Is the government going to provide the awardee with access to the government provide buildings before the actual period of performance?

1. The government anticipates award on or about 1 Aug 2015.

2. Yes

Q112 Amendment 0002 – Response to Questions #70

Response to Question #70 states the contractor is responsible for asbestos and lead base paint remediation, please provide the historical workload for asbestos and lead base paint remediation.

The Government has no historical data and the contractor is only responsible to the extent stated in the PWS 1.6.2.

Q113 Q&A dated 17 Feb 2015, Q4 and Q5, reference Attachment 3, CBA

a. In the response to these questions, it is indicated that the CBA will be removed in the next amendment to this solicitation. If, after award of this contract, the workforce unionizes, the Contractor expense will be greatly impacted. Will the Contractor be afforded the opportunity for equitable adjustment of the base period to recover the significant difference between CBA wages and benefits and SCA wages and benefits?

b. Regarding the above question, and acknowledging the significant difference between CBA wages and benefits and SCA wages and benefits, will the Contractor be allowed to apply G&A and fee to the amount requested for equitable adjustment, if this situation should occur?

Attachment 2 Collective Bargaining Agreement has been revised in Amendment 0004.

Q114 The initial RFP include an active collective bargaining agreement (CBA) that was attached to this O&M contract. The second RFP no longer included the CBA Please confirm that FAR 22.1202(a), FAR 52.22-41(f) and 29 CFR 9.3 do not apply to this project and that the contractor is not liable under the Service Contract Act.

Refer to Q113

Q115 Attachment 3, Collective Bargaining Agreement

(CBA)

Question: Would the Government please provide the complete schedule “A” that states the classifications under this Collective Bargaining Agreement?

Refer to Q113

Q116 Will the new contractor be required to hire the existing staff? Or make offers of employment The previous contract has expired, therefore there are no existing staff.

Q117 Q&A dated 17 Feb 2015, Q4 and Q5, reference Attachment 3, CBA

Question: 1.)The solicitation includes some existing work and employees covered by a bona fide Collective Bargaining Agreement (CBA). It is our understanding that the solicitation awardee will be a successor contractor under the Service Contract Act (SCA) as the solicitation includes such existing work which is the same services and in the same locality. Accordingly, it is our understanding that the solicitation awardee, as successor contractor, must pay wages and fringe benefits at least eq al to those contained in the CBA in accordance ith FAR 22 1002 3 and FAR

Refer to Q113

Q118 Q&A dated 17 Feb 2015, Q4 and Q5, reference Attachment 3, CBA

If the CBA wage and fringe rates do not act as the AWD for purposes of the solicitation and the incumbent is bound by these rates we request clarification that other offerors are similarly bound to these rates upon award.

Refer to Q113

Q119 Q&A dated 17 Feb 2015, Q4 and Q5, reference Attachment 3, CBA

If any offeror proposes to pay the lower SCA wage and fringe benefit rates, will the successful offeror, once awarded the contract and bound as a successor contractor to the CBA rate, be entitled to an equitable adjustment for the significant difference between the CBA rates and the SCA rates?

Refer to Q113

Response to Questions #3 No# Reference Question Response

Q120 Regarding question 3 Regarding question 3, and acknowledging the significant difference between the CBA rates and the SCA rates, will the awardee be allowed to apply G&A and fee to the amount requested for equitable adjustment if the situations should occur?

Refer to Q113

Q121 Did the Government provide written notification that the solicitation may affect the CBA rates acting as the AWD in accordance with FAR 22.1007?

Refer to Q113

Q122 Attachment 3, Collective Bargaining Agreement

(CBA)

Question: Would the Government please provide the complete schedule “A” that states the classifications under this Collective Bargaining Agreement?

Refer to Q113

Q123 Attachment 3, Collective Bargaining Agreement (CBA).

Question: Please clarify which PWS service areas are covered under the provided CBA? Refer to Q113

Q124 Schedule A to the Collective Bargaining Agreement (CBA

Reference: Schedule A to the Collective Bargaining Agreement (CBA) by and Between Fairbanks Joint Crafts Council and Global Management Services, LLC. Issue: The Schedule A for the CBA contains only the 2014, 2015 and 2016 adjustments to the total package rates but does not include the labor rates for which those adjustments are to be applied. Question: Please provide the base labor rates or the Schedule A labor rate sheet to which the CBA schedule rates are to be applied.

Refer to Q113

Q125 PWS, 3.2 Government Furnished Facilities & Appendix 3

1.) Is building 700 compliant with local and OSHA codes to support the ventilation system required for trade shops such as carpentry and painting?

Building 700 is offered as is. It has supported a multitude of trades in the past.

Q126 PWS, 3.2 Government Furnished Facilities & Appendix 3

Please clarify if the contractor is responsible for any reinvention costs that may occur if Building 700 is not compliant to current local and OSHA codes?

The contractor is not required to occupy the building.

Amend0004