Consolidated_List_of_Questions_and_Responses-Clarifications.pdf

Question

No.

Sol. Ref Questions by Prospective Offerors Responses/Clarifications by Government

Amendment is issued?

1 Section B, Statutory

Limitation

Section L, L-

100(g)(1)(ii)

Regarding the 6% SFL limit for design on the seed project and other potential TOs under this contract, does this include any required surveys (such as asbestos sampling, geotechnical, etc.) that may need to be conducted as part of the design effort? Does it also include travel for design reviews?

Defense Federal Acquisition Regulation Supplement (DFARS) 236.606-70 Statutory fee limitation, para. (c) stipulates that "The six percent limit applies only to that portion of the contract (or modification) price attributable to the preparation of designs, plans, drawings, and specifications. If a contract or modification also includes other services, the part of the price attributable to the other services is not subject to the six percent limit." The following are examples of other services to be excluded from 6% limitation per AFPAM

32-1005:

-- (1) Initial site visits, (2) Field, topographic, property, boundary, utility, and right-of-way surveys, (3) Subsurface explorations and borings, soils and materials, testing, and resultant reports, (4) Flow gaugings and model testing, (5) Reproduction of design documents for review purposes, (6) Preparation of construction cost estimates, (7) Document reproduction, travel, and per diem costs in connection with services that are not directly related to the preparation of designs, plans, drawings, or specifications.

-- Site visits, meeting attendance, travel and per diem costs attributable to the design service are not excluded.

In order to separate the other service costs from the design fee, we will amend Attachment

4 - Price Proposal for MACC Seed Project to incorporate a price entry for "Design other cost" beneath the "Design Fee".

Yes

Attachment to 35 CONS Response Letter of 24 Aug 2010

Consolidated List of Questions and Responses/Clarifications

RFP No. FA5205-10-R-0008

Indefinite-Delivery/Indefinite Quantity (IDIQ) Design-Build Multiple Award Construction Contract (MACC), Misawa AB, Japan

35 CONS, Misawa AB, Japan

RFP No. FFA5205-10-R-0008

Consolidated List of Questions and Responses/Clarifications 24 Aug 2010

Sol. Ref Questions by Prospective Offerors Responses/Clarifications by Government

Amendment is issued?

2 Same as above.

We would like to request for clarification from the

Government concerning the Statutory Fee Limitation

(SFL) of 6% of the project's estimated construction cost. We would like to request for confirmation that the 6% limit will be for the direct design cost only.

This means that other expenses that will be incurred at the design stage such as per diem on site investigations, conferences and on site reviews;

subcontracted tasks (topographic survey, soil resistivity test, soil boring test, etc); reproductions, etc. are additional fees that may be charged to the project.

Same as above. Yes

3 Section H, para. 11

According to RFP Item #11, please verify that DBA insurance should be applied to the seed project costs and future TO costs?

Please carefully read Section I, FAR clauses 52.228-3 "Workers' Compensation Insurance

(Defense Base Act)" and 52.228-4 "Workers'' Compensation and War-Hazard Insurance

Oversea", and Section H, para, 11, "Applicability of the Defense Base Act". Each clause will apply to employees as stated in Section H, para. 11 under the resultant contract including the seed project and all future Task Order(s).

No

4 Section L Do you have limitation of number of page for evaluation factors, Step 1 thru Step 3?

Please carefully read Section L, para. L-100(g). No

5 Section L, L-

Please refer to Page 43 of 49 L-100 PROPOSAL

PREPARATION INSTRUCTIONS (g) Specific

Instructions: (2) PRICE PROPOSAL (iii). The description says "Complete the necessary fill-ins and certifications in Section I through K.. Section K shall be returned in its entirety. For Section C through I, the offeror shall only those pages that require a fill-in." This description is hard to understand. "Section

C through I" should be "Section I through J" instead

Please carefully read Section L, para. L-100(g)(2)(i) thru (iii). Required documents under

Price Proposal are (i) SF 1442; (ii) Price Proposal for MACC Seed Project, Attachment 4;

and (iii) page(s) requiring fill-in of Section I and entire section of Section K. No fill-in is requested in Section C, D (not provided in this solicitation), E, F, G, and H, as well as L and M.

No

6 Section L

Section M

For the past performance portion of the proposal -should letters of reference be provided? (such as form DD2631) or will CCASS/ACASS ratings be utilized by 35 CONS?

Please carefully read Section L, para. L-100(g)(3) for the former question, and Section M, para. M-900(a)(3) for the latter question.

No

35 CONS, Misawa AB, Japan

RFP No. FFA5205-10-R-0008

Sol. Ref Questions by Prospective Offerors Responses/Clarifications by Government

Amendment is issued?

7 Attachment 1

General

Provisions

Attachment 3

Seed Project

SOW

Will all materials removed via this project become the property of the contractor or will it be required to turn some materials over to DRMO?

All residue and scrap generated by the contractor for the performance of the project shall be disposed of outside the confines of Misawa Air Base IAW all applicable Japanese

Laws, except for hazardous waste material, if any, that shall be disposed of through

DRMO.

In order to add above requirement, we will amend Attachment 1 - MACC General

Provisions.

Yes

8 Attachment 1

General

Provisions

Sec 01 01 00

In the Preproposal conference dated Aug 12, we have heard that the proposal can be submitted by letter size paper instead of A-4 size paper. Is this mandatory requirement or letter size is preferred ?

As far as the size of the paper is concerned, we can find that only design analysis shall be submitted by letter size paper. ( Refer to Attachment 1 SECTION

01 01 00 PAGE 11 )

No particular size is specified for submission of the proposal in the solicitation. We requested a use of the Government's commonly used letter size paper for our administration purpose at the pre-proposal conference of 12 Aug 10; however, it is not mandatory as also explained at the conference.

No

9 Attachment 1

General

Provisions

Sec 01 11 00

Attachment 3

Seed Project

SOW

Para 5.0

The SOW for the seed project specifies that cost estimates and balance of payments be provided for the various design submittals (SOW Section 5).

However, since the seed project is being awarded on a design-build firm-fixed price and competitive basis, providing cost estimates should not be required. Such cost estimates may reveal proprietary business information.

The contemplating MACC contract is calling for two kinds of efforts, one is "construction only" and another is "Design-Build" (D-B). In the case of D-B, the required effort is comprised of two stages - design and then construction as clearly stipulated in the General

Provisions. The design efforts are prescribed in the General Provisions following the practice of the Architect-Engineering (A-E) service. In the Government's review of the design stage submittals after award of the Task Order, the Government requires the cost estimate breakdown to review the accuracy of the designs submitted, in the same manner with the A-E service contract. For that purpose, A-E related Federal Acquisition

Regulation (FAR) clauses have been incorporated into the solicitation. Not only for the D-

B Seed project but also all other D-B projects under the MACC require submission of cost estimate breakdown (ref. Gen. Provisions, Sec. 01 11 00 page 6), as a part of "technical data" submitted for the design efforts under the awarded Task Oder for which the U.S.

Government reserves the right IAW the contract clause at Defense Federal Acquisition

Regulation (DFARS) 252.227-7032 "RIGHTS IN TECHNICAL DATA AND

COMPUTER SOFTWARE (FOREIGN) (JUN 1975)". It is a part of technical data, not a cost or pricing data described in FAR Subpart 15.4.

No

10 Attachment 3

Seed Project

SOW

Para 2.4

Attachment 3, Statement of Work, paragraph 2.4

Project Objectives (Page 3) is stating LPS must meet

Tri-Service Standards. Could you tell us what Tri-

Service Standards are?

"Tri-Service Standard" is not required for the MACC Seed Project. In order to delete the requirement "Tri-Service Standard", we will amend Attachment 3, MACC Seed Project

SOW, para. 2.4.

Yes

35 CONS, Misawa AB, Japan

RFP No. FFA5205-10-R-0008

Sol. Ref Questions by Prospective Offerors Responses/Clarifications by Government

Amendment is issued?

11 Attachment 3

Seed Project

SOW

Para 2.5

The SOW for the seed project indicates that the existing LPS should be removed. As a cost-savings measure- may certain aspects of this system be abandoned-in-place? (such as existing grounding rods)

All the work in the SOW is required. No

12 Attachment 3

Seed Project

SOW

Para 5.0

The SOW for the seed project specifies 4 separate design packages. However given the relative simplicity of this design and the requirement for the submittal of a concept design as part of this proposal -can the number of design submittals and/or review meetings be reduced? (i.e., only 2 or 3 may really be necessary). This would provide a cost and time savings to the government.

Same as above. No

13 Attachment 3

Seed Project

SOW

Atch. No. 5

Please provide soil resistivity data for the area around B1495 (seed project) or other local Misawa area data if possible.

The soil boring data in the vicinity of the project site has been provided in Addendum No.

1 to the MACC Seed Project SOW under Amendment No. 0001 issued on 20 Aug 10, Japan Standard Time (posted on FedBiz on the same day, JST).

No

14 Attachment 4

Seed Project

Price Proposal

Will payments on the contract be paid in yen or in dollars? Currently the yen-to-dollar exchange rate is greater than 20% lower than the FY10 FCFD rate of

108.

The contemplating contract is on a basis of Japanese Yen currency as clearly indicated in

Attachment 4 of the solicitation - "Price Proposal Format" (also, see "Note in page 4 of the solicitation). Submission of proposal in other than specified currency is not permitted nor considered for award. Permission to submit offers in other than the specified currency is limited to "in unusual circumstances" IAW FAR 25.1002. This is in no way a case of

"unusual circumstances".

No

15 Attachment 4

Seed Project

Price Proposal

Please refer to Attachment 4 PRICE PROPOSAL.

Performance Period of construction shall be filled in by the Offeror. Once we fill in the number, do we have to guarantee the number of calendar days to complete the project ? In another word, will liquidated damages be assessed if we can not complete the project by the number of calendar days which we filled in ?

The performance period of construction to be proposed in the Price Proposal, Attachment

4 is "Estimated" period as clearly indicated. The firm construction period will be developed by the contractor through coordination with the Government at the design stage before commencement of construction.

No

35 CONS, Misawa AB, Japan

RFP No. FFA5205-10-R-0008

Sol. Ref Questions by Prospective Offerors Responses/Clarifications by Government

Amendment is issued?

16 Solicitation

General

The requirement at Page 1 of 49 states "This acquisition is unrestricted; however, this solicitation includes clauses authorized for the purpose of construction effort in Japan: FAR 52.236-7

(modified IAW AFFARS 5336.507, to read

"Government of Japan") and DFARS 252.225-7042, under which offerors are required to be the firms that have been registered and hold construction contractor license under the law of Japan". In addition, the requirement at Page 25 of 49 modifies

FAR clause 52.236-7 to reflect "host government and political subdivisions" in lieu of "Federal, State, and

Municipal".

Since the Status of Forces Agreement between the

Government of the United States and Japan is not included in full as part of the subject solicitation, is it possible to obtain a waiver of the construction contractor license requirement for the Prime

Contractor?

See Section L, para. L-100(a), 2nd thru last sentences.

(35 CONS may post a supplemental information later when considered necessary.)

No

35 CONS, Misawa AB, Japan

RFP No. FFA5205-10-R-0008