RFI 2.pdf

RFI #2

47PF0021Q0095

1.Where the asbestos is (the Contracting Officer is supposed to tell us);

A: They are separate documents, titled JW PECK ASBESTOS NOTIFICATION LETTER and POTTER STEWART CTHS ASBESTOS NOTIFICATION LETTER and are part of the RFP Package already on Beta.Sam.gov. Questions regarding this were also answered in RFI 1.

2. Whether there will be a force majeure clause which applies to both default and delay, even if the latter is a DEVIATION from standard FAR clauses; FAR 52.252 says the contracting officer shall produce for us the full text of any provision incorporated by reference. Presumably FAR.249-8, which is incorporated by reference, includes its clause "c" which shows what force majeure events are (and includes "acts of god" without the caps). I would like to know if the definition of "Acts of God" at Exhibit 4 is meant to replace or restrict clause "c," versus if it rather is meant to define the phrase in clause "c," versus if another clause entirely is intended."

A: Please see FAR Clause Below for Reference, which is incorporated by reference into the solicitation:

52.249-8 Default (Fixed-Price Supply and Service).

As prescribed in 49.504(a)(1), insert the following clause:

DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

(a)

(1) The Government may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to-

(i) Deliver the supplies or to perform the services within the time specified in this contract or any extension;

(ii) Make progress, so as to endanger performance of this contract (but see paragraph (a)(2) of this clause); or

(iii) Perform any of the other provisions of this contract (but see paragraph (a)(2) of this clause).

(2) The Government’s right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure.

(b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.

http://beta.sam.gov/ https://www.acquisition.gov/far/49.504#FAR_49_504

(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule.

(e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest.

(f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders.

(g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government.

(h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

This is the clause that is intended for this contract, the definitions are not meant to contradict or replace any FAR clauses.

3.Why it says the Otis collective bargaining agreement expires at the end of this year (as ours does not)?

A: This is the CBA that covers the employees of the current contract. The awardee will be responsible for entering into negotiations with the local union and providing GSA with a copy of the negotiated CBA for inclusion at the first option.

4.Whether our insurance has to have an explicit provision waiving subrogation against the named insureds.

A: Yes, it does.

5. It says this is to be a negotiated award with no formal bid opening, so should we expect amendments to the Request for Proposal?

A: If there are any changes to the Scope, then yes, expect amendments. They will be posted to Beta.Sam and need to be signed and returned with any proposals.