DRAFT RFP Attachment 8_Question Answer_Government Response.pdf

MACC

Draft FA5613-24-R-0007 Government Response

30 September 2024

K - Contracting T- Technical

P - Past Performance

Document Reference (including paragraph, page) *Example: Self Scoring Matrix, Atch 2d

Discussion/Comment/Question Govt. Response

Volume I - Executive Summary

3.5. Financial

Responsibility Information

Please confirm that the Bank Guarantee is required only for the Bidding Phase for purposes of evaluation of offeror's financial responsibility.

Paragraph 3.5 of Section L will be modified. The Government will not be requiring a Bank Guarantee.

Volume I - Executive Summary

3.5. Financial

Responsibility Information

As Bank Guarantees (Bankgarantie) provided by bank institutions in Germany/Europe are in the form of a guarantee (i.e.

Credit Facility Line to which monthly fees are paid), and not as a Surety, may the Contracting Officer please specify the text for the Bank Guarantee?

Paragraph 3.5 of Section L will be modified. The Government will not be requiring a Bank Guarantee.

Volume I - Executive Summary

Attachment+2a_Appen dix+A_Joint+Venture+A greements+and+Subs

The attachment suggests that offerors' team structure may consist only either of JV partners or subcontractors. Could the Contracting Officer please confirm that affiliate/"sister" companies are accepted as part of an offeror's team structure?

Parent/ affiliate/ subsidiary companies must be identified in the same way Joint Ventures are identified. Language will be clarified.

Volume I - Executive Summary

Attachment+2a_Appen dix+A_Joint+Venture+A greements+and+Subs

The attachment suggests that offerors' team structure may consist only either of JV partners or subcontractors. Could the Contracting Officer please confirm that a Parent Company is accepted as part of an offeror's team structure?

Parent/ affiliate/ subsidiary companies must be identified in the same way Joint Ventures are identified. Language will be clarified.

T - Technical Attachment+2c_Appen dix+C_Work+Sample+ Cover+Sheet+V2

Could the Contracting Officer confirm that the Work Sample Value is acceptable either in EURO or US$ currency. Work Samples are acceptable in either EUR or USD currency.

T - Technical Attachment+2c_Appen dix+C_Work+Sample+ Cover+Sheet+V2

Please specify the conversion rate between EURO and US$ which offerors are to apply? A currency table will be provided with yearly conversion rates.

T - Technical Attachment+2c_Appen dix+C_Work+Sample+ Cover+Sheet+V2

The contractor will provide original POC-information for the work samples in accordance with contract documents and/or CPARS. Some points of contact may not represent their agencies anymore or even are not available anymore. Could the Government please confirm that the original POC – information in accordance with the contract and/or CPARS information is the requested POC information (even if they are not available anymore)?

POC information should state the current contracting officer and the current COR or equivalent. If the contracting officer and/or other contacts are no longer available, please provide a relevant contact in Box 3: "Alternate Contracting Officer’s Representative or Relevant Customer Point of Contact."

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

The self-scoring matrix makes multiple references to Euro and US$ currencies. Please clarify which currency is valid, the Euro or the US$. Please update all currencies to EURO as contracts in Germany and Europe are normally awarded in Euro (including the future MACC contract), and this will ensure offeror can demonstrate consistency with the Contract document.

The currency in the matrixes should be EUR only. This will be corrected.

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

Will the Contracting Officer accept work samples (projects) where Offeror's Parent Company was the Prime, given that the Offeror belongs to the corporate structure of the Parent?

Work samples (projects) where Offeror's Parent Company was the Prime will be accepted. A narrative describing how workforce, resources, etc.. will be utilized in performance of the upcoming IDIQ is required for work sample to be scored. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner if there is affirmative narration. This will be clarified in Section L. To utilize Parent/ Affiliate/ Subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10). Projects executed under a Joint Venture must have had the Joint Venture as a prime contractor.

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

Is there a limit to the number of work samples (projects) which were performed by the Parent Company as a prime and which can be submitted?

At least 5 work samples (projects) should have been executed by the offeror itself. A narrative describing how workforce, resources, etc. will be utilized in performance of the upcoming IDIQ is required for work sample to be scored. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner if there is affirmative narration. This will be clarified in Section L. To utilize Parent/ Affiliate/ Subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

Will the Contracting Officer accept projects where offeror's affiliate/"sister" company was the Prime, given that the offeror and affiliate company belong to the same corporate structure?

Projects where the offeror's affiliate company was the Prime will be accepted. A narrative describing how workforce, resources, etc. will be utilized in performance of the upcoming IDIQ is required for work sample to be scored. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner if there is affirmative narration. This will be clarified in Section L. To utilize parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

Government Response

30 September 2024

K - Contracting T- Technical

P - Past Performance

Document Reference (including paragraph, page) *Example: Self Scoring Matrix, Atch 2d

Discussion/Comment/Question Govt. Response

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

Is there a limit to the number of work samples (projects) which were performed by the Affiliate Company as a prime and which can be submitted?

At least 5 work samples (projects) should have been executed by the offeror itself. A narrative describing how workforce, resources, etc. will be utilized in performance of the upcoming IDIQ and is required for work sample to be scored. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner if there is affirmative narration. This will be clarified in Section L. To utilize Parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

Will the Contracting Officer accept certificates from Offeror's affiliate/"sister" companies given that affiliates belong to the same corporate structure and resources?

Certificates from Offeror's affiliate companies given that affiliates belong to the same corporate structure will be accepted if the Offeror is able to utilize the certificate(s) on the upcoming IDIQ. A narrative describing how workforce, resources, etc. will be utilized in performance of the upcoming IDIQ is required for work sample to be scored. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner if there is affirmative narration. This will be clarified in Section L. To utilize parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

Will the Contracting Officer confirm the points for a certificate by an affiliate company given that the name of the affiliate (on the certificate) may differ from the offeror's name.

Certificates by an affiliate company given that the name of the affiliate differ from the offeror's name will be accepted if the Offeror is able to utilize the certificate(s) on the upcoming IDIQ. A narrative describing how workforce, resources, etc. will be utilized in performance of the upcoming IDIQ is required for work sample to be scored. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner if there is affirmative narration. This will be clarified in Section L. To utilize parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

Will the Contracting Officer accept certificates from Offeror's Parent Company given that the Parent indirectly holds 100% of the share capital the Offeror?

Certificates from Parent Companies will be accepted if the Offeror is able to utilize the certificate(s) on the upcoming IDIQ. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner. To utilize parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10). a prime contractor.

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

Will the Contracting Officer accept the points for a certificate by a Parent Company given that the name of the Parent (on the certificate) may differ from the offeror's name.

Certificates from Parent Companies will be accepted if the Offeror is able to utilize the certificate(s) on the upcoming IDIQ. A narrative describing how workforce, resources, etc. will be utilized in performance of the upcoming IDIQ is required for work sample to be scored. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner if there is affirmative narration. This will be clarified in Section L.

To utilize parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

T - Technical Attachment+2d_Appen dix+D_MACC+Self+Sc oring+Matrix+DRAFT+ V2

What proof does the Contracting Officer require to ensure that the certified personnel is indeed hired directly by the Prime, and not by another organization which is not the prime's organization? For example a formal letter of statement signed by both the direct employer and the employee whose certificate is being submitted?

A redacted excerpt employment contract or similar documentation which states both the employee's name and the prime's organization.

T - Technical Attachment+2e_Appen dix+E_MACC+Cross+R eference+DRAFT+V2

Please confirm that our understanding is correct: When an offeror makes a cross reference for a Work Sample to demonstrate construction experience with 10+ trades, then the offeror will add 10+ new lines to cross reference each trade individually on a separate line?

This understanding is not correct. When an offeror makes a cross reference for a Work Sample to demonstrate construction experience with 10+ trades, then the offeror will add one (1) new line to the cross reference matrix. It is intended for one (1) line to be added for each project/ work sample.

T - Technical Attachment+2e_Appen dix+E_MACC+Cross+R eference+DRAFT+V2

Please update the currency in the Cross-Reference Sheet to match the Self-Scoring Matrix. The currency in the matrixes should be EUR only. This will be corrected.

T - Technical Section L Technical Experience, also Categories 1 through 8

To reduce the workload for the Government, when offerors build the WS packages for design and construction experience, should the Contract award document (SF) be included in its entirety, or only the first 2-3 pages of the Standard Form?

The entirety of the Contract Standard Form (SF) does not need to be included. The should include all relevant data, to include Front Page, References, brief description of scope, overall price, and period of performance.

T - Technical Section L Technical Experience, also Categories 1 through 8

To reduce the workload for the Government when offerors build the WS packages for design and construction experience: Are all Modifications (SF30s) also obligatory to be submitted, even when the Contract document (e.g. SF1449) is already enough to demonstrate compliance with the WS category?

Please provide all relevant documentation, to include modifications.

T - Technical Section L Technical Experience, also Categories 1 through 8

To reduce the workload for the Government, when offerors build the WS packages for design and construction experience, should the Modification document (SF 30) be included in its entirety, or only the first 2-3 pages of the SF30 which demonstrates compliance with the WS category?

The entirety of the Contract Standard Form (SF) does not need to be included. The should include all relevant data, to include Front Page, References, brief description of scope, overall price, and period of performance.

T - Technical Section L Technical Experience, also Categories 1 through 8

When offerors build the WS packages for design and construction projects, and the SOW document is very large: Does the Contracting Officer require the WS package to include the SOW in its entirety, or just the few pages which demonstrate compliance of the work sample with the category?

The entirety of the SOW document should be provided as it shows the context of the project.

Government Response

30 September 2024

K - Contracting T- Technical

P - Past Performance

Document Reference (including paragraph, page) *Example: Self Scoring Matrix, Atch 2d

Discussion/Comment/Question Govt. Response

T - Technical Self Scoring Matrix Section 2 Design Experience Category 7b

In the matrix we have to "submit all design documents in compliance with HOAI Phase 3 and VDI 6026 Design Planning". Is it possible to change this so that the contractor has to "submit all design documents in compliance with HOAI Phase 3 and VDI 6026 Design Planning at minimum". So it would be possible to submit complete projects.

This wording will be updated to include "at a minimum."

K - Contracting Attachment 2d The values identified in the self-scoring matrix consist varying currencies (i.e. category 1a and 6 request projects in EUR currency and categories 2, 4, and 7a request projects in US Dollar currency) Request the Government clarify if Offerors can use projects in €/$ currency and as long as values are converted and meet the threshold of the requested currency.

The currency in the matrixes should be EUR only. This will be corrected.

K - Contracting Attachment 2d and 2e Both matrices provides remarks at the bottom that states "For Section 2 & 3 Projects can be submitted multiple times."

Request the Government confirm that projects can be used multiple times for Section 1- Relevant Construction Experience and Section 2- Design Experience.

This should state "Sections 1&2". This will be corrected.

K - Contracting Certifications (Category 9)

Request the Government advise if Prime Offerors will be credited with the certifications listed in Category 9 provided by parent companies, company affiliates, and/or subcontractors.

Certificates from Subcontractors will not be accepted. A narrative describing how workforce, resources, etc. will be utilized in performance of the upcoming IDIQ is required for work sample to be scored for parent/ affiliate/ subsidiary companies. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner if there is affirmative narration. This will be clarified in Section L. To utilize parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

K - Contracting Draft Section L, Volume II- Technical Expertise, para. 4.3

Request the Government clarify if Prime Offerors can use/cite projects executed under a Joint Venture entity (i.e. Army IDIQ or JOC contract)

Prime Offerors can use/cite projects executed under a Joint Venture entity. A narrative describing how workforce, resources, etc. will be utilized in performance of the upcoming IDIQ is required for work sample to be scored. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner if there is affirmative narration. To utilize parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

Projects executed under a previous Joint Venture must have be identified within the organizational structure with a note identifying the applicable work sample(s) and the dates the Joint Venture was in effect.

K - Contracting Draft Section L, Volume II- Technical Expertise, para. 4.6.2.1.2, Category 7b

All U.S. construction projects in Germany are subject to the Principles of Construction Contracting ABG 1975. These bilateral instruments have been jointly agreed upon and serve to maintain uniform and meaningful procedures which ensure effective and smooth performance of construction works for and by the U.S. Forces. In addition, there is an accelerated procedure (AP) that describes how design-build projects are to be conducted by U.S. and German authorities. All future projects under this MACC contract will be subject to this procedure. For this reason, we assume that the reference in Section 2, Category 7 refers only to U.S. Government design build contracts in Germany. Design projects in Germany without US participation are subject to a non-comparable process. Please confirm?

Category 7 does not reference ABG 1975 and is not limited to US design build contracts.

K - Contracting Draft Section L, Volume II- Technical Expertise, para. 4.6.2.1.2, Category 7b

As proof of a successfully completed US Design build project according to ABG 1975, a building permit and acceptance certificate from the US Gov and the German building authority would basically serve as proof, right? These documents confirm that the project was planned and executed in accordance with the regulations.

Category 7 is open to any design build project, not only those that require approval. Only Category 8 requests approval from German building authority.

K - Contracting Draft Section L, Volume II- Technical Expertise, para. 4.6.3, Categories 9a-9f; para. 4.6.4, Categories 10a-10f

Please confirm that certifications used from Parent and/or Sister companies will be scored as high as those coming directly from Prime Offerors.

Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner. To utilize parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

K - Contracting Government response to Q&A's, Excel Row 26, Certifications (Category 9)

Government response to question in Excel row 26 referencing certifications in Category 9. Request the Government confirm if Offerors are to also use the work sample cover sheet (Attch 2C) for the certification work sample package? If so, can Offerors modify this cover sheet (i.e. the first page of the cover sheet is not applicable to certifications)

Attachment 2C should be utilized for the work sample for certifications. Please write "N/A" or "Not Applicable" for the items on the first page that are not applicable.

K - Contracting Government response to Q&A's, Excel Row 28, Staffing (Category 10)

Government response to question in Excel row 28 referencing staffing in Category 10. Request the Government confirm if Offerors are to also include the work sample cover sheet (Attch 2C) for the staffing work sample package? If so, can Offerors modify this cover sheet (i.e. the first page of the cover sheet is not applicable to staffing)

Attachment 2C should be utilized for the work sample for staffing. Please write "N/A" or "Not Applicable" for the items on the first page that are not applicable.

K - Contracting Section L, para 1.18, B. Request the Government provide Offerors with the sample subcontractor letter. The Sample Subcontracting Letter was provided as "Draft RFP Attachment 2b_Appendix B_Sample Subcontractor Consent Letter ." This will not be part of the final RFP.

Government Response

30 September 2024

K - Contracting T- Technical

P - Past Performance

Document Reference (including paragraph, page) *Example: Self Scoring Matrix, Atch 2d

Discussion/Comment/Question Govt. Response

K - Contracting Section L, para 3.7 If an Offeror's organization has not undergone change over the past 10 years, would we still be required to provide organizational structure change history even if the organization underwent a change over 10 years ago and there is no need to clarify an organizational change for the contents of the proposal?

Organizational structure change history is not required if no organizational changes have occurred in the last 10 years, unless changes beyond 10 years ago is relevant to the work samples provided.

K - Contracting Section L, para 4.3 Please confirm that Offerors will be credited with the experience of a Parent or Sister Company or Subcontractor as long as we have a signed Subcontractor Consent Letter

Work samples of Subcontractors will not be accepted. Parent/ affiliate/ subsidiary companies, Joint Ventures, and Prime Offerors work samples will all be scored in the same manner. To utilize parent/ affiliate/ subsidiary companies and/or Joint Ventures, organizational structure must be identified per the instructions in Sec. L para. 3.4 (See Sec. L para. 4.3, page 10).

K - Contracting Section L, para. 2.1 For the large-scale level of effort and sheer volume of documentation anticipated for this HRTO proposal submission, we request an extension to the current due date of 25 November to 23 January 2025.

Given the information and feedback received by the Government from the industry and stakeholders regarding proposal submission dates, it’s not in the Government’s best interest to extend the date of proposal submission at this time.

K - Contracting Section M, para 4.4 The assessment period for past performance in Section M does not match Section L, it has not been extended to 10 years. Section M should state 7 years for recency. Past performance will be evaluated if within 7 years of date of initial RFP.

Past experience (work samples) will be evaluated if within 10 years of date of initial RFP.