Attachment 6 - Responses to Questions-Comments from Industry.pdf

Attachment 6 HE1280-11-R-0001

Solicitation HE1280-11-R-0001 Responses to Questions/Comments from Industry April 1, 2011

GENERAL

1. The Lajes location is in such a state that if it were evaluated by Portuguese standards it would most likely be shut down. Does the proposal have to be provided to meet the certification standards for Portuguese schools or US schools?

RESPONSE: The standards to be met are US.

2. Is there any limitation on subcontracting?

RESPONSE: No.

3. General Comment:

The DRAFT solicitation does not contain sufficient information for all offerors to prepare a bid on the same requirements because the customer has not defined the services desired. For example, an offeror that proposes to clean every other day will most likely be less expensive than an offeror that proposes to perform the service daily. Such ambiguity makes it difficult to compare offers. We ask that DoDDS define the requirements in a similar manner to that what was in the DoDDS Germany Schools Maintenance Program, Solicitation HE1280-08-P-0006.

RESPONSE: We have provided estimated hours for non-routine work in order to properly evaluate the offers received. See Exhibits J and R. It is the Offeror’s responsibility to meet the objectives of the PWS based on the information provided.

4. Will pricing for material handling and labor rates under project work be the same as non-projec work?

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RESPONSE: Yes.

5. Reference: Spanish Labor Law (sucesión de empresa) requires the contractor to assume the employees that are working with the current contractor and guarantee for their entitlements in terms of salaries, social insurances and the like. Also the solicitation clause 252.222-7004 (p. 129 of 214) requires the contractor to comply with the Spanish law and to provide the documents (1) through (5) as listed in the clause. As we have to assume responsibility and bear all associated costs for the employees, we ask you to provide the incumbent contractor’s documents (1) through

(5) as listed in the solicitation.

RESPONSE: As the clause states, this will be the responsibility of the Contractor. See also

FAR 52.222-7002.

6. Identification of reference: GENERAL

According to Spanish labor law and more specifically “Convenio Colectivo del Sector de Limpieza de Edificios y Locales de Cádiz” art. 34, are expected personnel involved in custodial activity hired by current Contractor, must be hired by new bidders; please, information about number of workers and current wages is needed for all functional duties that could be in the same situation.

RESPONSE: See response to question 5.

ADDITIONAL INFORMATION

7. Reference: RFP Page 4 of 214, second paragraph under Compensation for Services

Please clarify the meaning of the sentence “The contractor will be compensated at the prices set forth in the schedule for the actual quantity of services called for and rendered” as it relates to the Fixed Price portion of the contract. Will the services be required for each month of the year, i.e.

for 12 months or 10 months for lunch room? Can the amount of work “called” for be changed each month or is the work fixed?

RESPONSE: This sentence refers to the Time and Materials portion, this title has been changed to read, “Compensation for Services for Time and Materials” for clarity.

8. Reference: RFP Page 4 of 214, third paragraph under Compensation for Services. Also page 110 of 214, para (4) (D) (iii) “subcontract costs that are reimbursed on the basis of Sub-Contractor Labor Hour Rates will be paid at the Prime Contractor’s Labor Hour Rates.

The Prime Contractor generally does not have personnel to perform proprietary or specialty work for such items as Fire Suppression systems, fire alarms and warning devices, elevators, etc.

Further any repair work that will be subcontracted is generally not known in advance for these systems. Are the exemptions permitted by FAR 52.202-1 (iii)(d) and (IV) applicable to this solicitation. How will the subcontract prices for proprietary items be determined since these are not in Exhibit R.

RESPONSE: We have updated Exhibit R to include a “Specialty Services” labor category. I could not find FAR 52.202-1(iii)(d) and (IV). Please resubmit a question if your reference is incorrect.

9. In Reference to the General Performance Requirements, I would like to know if in all the following CLINS (and so on for all locations) material is included:

• 0001AA – Routine Facilities PM, Maintenance & Repair

• 0001AB – Routine Ground Maintenance & Interior/Exterior Pest Control

• 0001AC – Routine Custodial (soap, toilet paper, cleaning products etc.)

10. Reference: RFP Page 4 of 214, seventh paragraph, Cost Ceiling (Time and Material Portion) and page 109 of 214, cost paragraph (2) Total cost

Question: Please provide the cost ceiling for the contract.

RESPONSE: The cost ceiling for Time and Materials work will be provided on each applicable task order.

CLAUSES

11. Is FAR clause 52.223-13 applicable to this procurement?

RESPONSE: This clause has been removed.

12. Reference: RFP Page 123 of 214, FAR 52.223-13

Since all the DoDDS facilities that are part of this solicitation are not located in the United States or its outlying areas, is this paragraph applicable to this solicitation?

RESPONSE: See Response to Question 11.

13. Reference: RFP Page 124 of 214, FAR 52.225-11

Since this is not a Construction contract and no material is contemplated to be purchased from a Caribbean Basin country, is this paragraph applicable to this solicitation?

14. Reference: Page 120 of 214 FAR 52.211-12. LIQUIDATED DAMAGES – CONSTRUCTION

(SEP 2000)

Is this paragraph applicable to this contract? If yes, why is the amount, i.e. $ 1,548.69, so high?

15. Reference: RFP Page 129 of 214, DFAR 252.225-7021

Question: Is this DFAR clause applicable to this contract?

PERFORMANCE WORK STATEMENT

16. Please confirm if the DoDDS Maintenance Contract has any responsibilities for the following services. If yes, please provide details and school locations.

a. Street parking lot sweeping

RESPONSE: Exterior / grounds maintenance requirmenets are included for areas that fall within the DoDDS property boundary indicated in the included site plan exhibits.

b. Exterior utilities to include water, sewage, heating, electric, gas

RESPONSE: Utilities are provided up to the school boundary line indicated on the site plans in the included site plan exhibits.

c. Trash removal, except to containers located directly outside school building

RESPONSE: Refuse and recycling removal service is the responsibility of the Contractor to the central trash/recycling containers. The removal of trash/recycling from the central trash/recycling dumpsters is provided by the installation.

d. Snow and ice removal, except as specifically noted herein

RESPONSE: See a. above.

e. Furniture repair / appliance repairs / office equipment repairs

RESPONSE: Not applicable under this solicitation.

f. Repairs to personal property and Government owned personal property

g. Telephone systems, computer, Local Area Network (LAN)

RESPONSE: Maintenance for all infrastructure (wiring, cabling, power, etc.) to support telephone, computer, and LAN systems is required, but maintenance on any equipment / device applicable to these systems is not included as part of this solicitation.

h. Street lighting

i. Non-building equipment

j. Equipment purchases

k. Drayage including movement of personal property (except as may be required as part of carpet replacement)

l. Personal services

m. Street cleaning

17. Is there a Contract Manager for each country?

RESPONSE: DoDDS-E does not dictate how the Offeror should structure their management.

This should be a business decision by each offeror.

18. Reference: Page 151 of 214, paragraph 4.5

Question: Can we assume that no contractor employees or subcontractor will come in contact with school students? If no, what procedures must be followed to get a Host Nation background check? Is this background check the same check that is necessary to get an installation pass?

RESPONSE: Answer pending (this question will be answered in the next posting).

19. Subject: Questions to Solicitation Number HE1280-11-R-0001

Section 4.6, Facility network connection is not authorized and shall not be provided to the Contractor.

We understand that DoDDs will not provide internet connection however, being School Dude is a web base application we would like to know if the Contractor will be authorize to bring its own internet connection through a private provider, together with telephone/fax connection.

20. Reference: Page 152 of 214 PWS Para 4.8 Duty Hours

Please provide a list of holidays for Italy, Spain, and Portugal. Are contractor personnel required to be on site and perform work on local country holidays or is only emergency service required?

RESPONSE: Since the schools follow U.S. holidays, contractor personnel are required to work on all school days except those designated in the PWS.

21. Reference: Page 152 of 214 PWS Para 5.1.1 General Performance Requirements

What work needs to be coordinated with school staff?

RESPONSE: At a minimum, any work to be performed or scheduled to be performed that would disrupt school activities.

22. Subject: 5.1.1 General Performance Requirements: The Contractor shall perform Routine and

Non-Routine work for requirements of the PWS. As part of the service included in this requirement, the Contractor shall move and replace stand alone furniture and equipment in the immediate area of the worksite(s) if required to accomplish any services included in this contract.

The contractor shall coordinate with applicable school staff when necessary for any work performed under this PWS.

Please clarify “replace stand-alone furniture”

RESPONSE: “Replace” is, after moving a piece of furniture from one location to another to perform a service, the Contractor then returns (or replaces) it to its original location. For example, if the Contractor needs to move a desk to get to an electrical outlet, than the Contractor shall put the desk back after work is complete.

23. Reference: According to PWS 5.1.4.1 (p. 153 of 214) routine service calls up to 2,000 € shall be included in the fixed price. Such work orders may be identified by the contractor or the Government. This is inappropriate in either way because:

• The contractor is in a conflict of interest because by identifying a work order, the contractor would increase the amount of work that he has to perform for a fixed price.

• If the Government may identify work orders (without a limit) it is not possible to properly estimate the workload and price the fixed price CLINs.

We suggest considering all work orders (service calls) a non-routine maintenance, which should be billed under the non-routine CLINs based on labor rates and material handling fees.

RESPONSE: Work orders will be non-routine. Please see the revised PWS.

24. 5.1.4.1 Work Orders (WO): Work Orders may be performed under any of the related sections described in this PWS. The Contractor bears the prime responsibility to identify and perform all Work Orders. Work Orders may also be identified by authorized Government personnel. All Work Orders shall be identified, input into Schooldude.com and performed by the Contractor according to the service call schedule above. Routine service calls up to €2,000 shall be included in the Routine monthly fixed-price portion of the contract.

The threshold of €2,000 is intended only in labor or including also material, in both cases for bid purpose we have to assume a specific number of this WO or the contractor has to assume by his own how many of this WO will be performed in a monthly bases.

RESPONSE: See response to question 24.

25. Reference: Page 168 of 214, Performance Standards

The standard for Emergency and Urgent Work requires that work will be completed within 2 calendar, or 3 business days. It is not always possible to get work completed within such a short time. Please clarify. Suggest that the wording be changed to state that the contractor will continue to work until the emergency or hazardous situation is mitigated. The same comment applies to

Routine Service Calls. The 10 day period after receiving the call seems very short. Please clarify.

Generally, 30 days is acceptable.

RESPONSE: Please see PWS, 5.1.3.4, Service Call Deferrals.

26. Reference: Page 155 of 214, paragraph 5.1.5 Preventive Maintenance (PM) Initiatives

From the School Maintenance Dude please provide a copy of the current routine preventive maintenance actions for each school facility

RESPONSE: Because SchoolDude is only currently used in (3) locations in the Mediterrenan Distrct, and the preventative maintenance information cannot be confirmed for accuracy, this information will not be part of the solicitation. Instead, historical data is provided as an exhibit for routine and non-routine providing estimated hours and labor categories.

27. Reference: Page 155 of 214 PWS Para 5.1.5 Preventive Maintenance Initiatives

Please provide the historical listing of all routine preventive maintenance for the period from September 1, 2009 to August 31, 2010 by school facility in the solicitation.

RESPONSE: See response to question 26.

28. Reference: Page 155 of 214, paragraph 5.1.7 Materials, Equipment and Critical Spares

Are there any material, equipments or critical spares on-hand? If yes, please provide a listing and the actual current location.

29. Reference: Page 152 of 214 PWS Para 5.2.1 Inspection results, maintenance data and repair information

Please provide the school dude information for each DoDDS school that is part of the solicitation. Can offerors get access to the school dude files?

RESPONSE: See response to question 26.

30. Reference: PWS, Section 5.2.8, Fire Protection

Referring to the fire protection, my understanding is that the Contractor is responsible to maintain the fire extinguishers located in all the facilities. Is the replacement of the fire extinguisher included in the routine maintenance CLIN based on the applicable fire prevention regulations? If this is the case, can we have the number of fire extinguishers for this contract for all facilities? This is important information since the number of units is relevant and replacing those is a significant amount.

RESPONSE: The requirement to “provide and maintain fire extinguishers” has been removed from the PWS under 5.2.8.

31. Reference: Page 163 of 214 PWS Para 5.4 Grounds Maintenance

The paragraph lists numerous grounds maintenance tasks. The number of times that the contractor is “expected” to perform these tasks is not defined. Further, most of the tasks involve work that exceeds the 2,000 Euro limit for routine work orders. Are offerors to assume that these tasks are paid for separately? If the answer is no, then the DODDS customer should specify the frequency that the tasks are to be performed so that all offerors bid on the same requirements.

RESPONSE: Required frequency will not be provided, but rather the performance standard to be met.The Contractor will be responsible for all routine services such as those listed in the PWS.

It is the Offeror’s responsibility to determine the frequency and cost of providing these routine services in their overall fixed monthly price.

32. Reference: Page 163 of 214 PWS Para 5.5 Custodial

Question 1: There is no mention of glass or window cleaning in the list of tasks. Is glass or window cleaning part of the routine custodial tasks?

RESPONSE: Custodial tasks have been updated to include, at a minimum, interior window cleaning, see PWS 5.5.

Question 2: The information of types of flooring, i.e. carpet, linoleum, PVC, tile, wood, is not specified. For each school in the solicitation please provide this information and for all tasks please provide the frequency of service desired by DoDDS customer.

RESPONSE: Required frequency will not be provided, but rather the performance standard to be met. Floor material information by room is not available. All general purpose classrooms are required to have a ceramic tile flooring though several of the facilities 3+ years or older contain a mix of both tiled and carpeted classrooms. Gym flooring is typically varnished wood surface.

Library or media centers usually contain carpeting.

Question 3: The number of square feet and / or square meters by type of flooring for each school building is also necessary. It is not possible to identify these quantities from the Attachments in the solicitation.

RESPONSE: Please refer to the floor plans provided in the exhibit folder for accurate areas of each space within the schools.

Question 4: Also please provide quantities of tables, jalousies, etc.

RESPONSE: Collateral equipment listings will not be provided.

Questions 5: What are the requirements for the school lunch program and which schools have such a program?

RESPONSE: Please refer to the Student Meal Program Data, Exhibit S, and PWS 5.5.

INSTRUCTIONS TO OFFERORS

33. Total number of CDs required with submission of the proposal?

RESPONSE: Offeror shall provide the required number of electronic versions stated in 52.212- 1, Instructions to Offerors, (p)(A)(1).

34. Identification of reference: PWS PWS section number: 52.212-1 Instructions to Offerors, (p) Detailed Proposal Instructions, B.

Proposal Volume, 1. Volume I- Technical Solicitation section number: NA

Three (3) Sub-factors are mentioned, identified only two, Sub-factor one – Technical Approach and Sub-factor two – Corporate Experience, please clarify.

RESPONSE: This has been corrected from “three (3) subfactors” to “two (2) subfactors.”

35. Reference: Page 187 0f 214 Past Performance

Please explain the relevance criteria to determine the experience of the KTR within Past Performance in terms of, for example, amount, location, complexity, etc.

RESPONSE:

36. Subject: Sub-factor two (2) - Corporate Experience Corporate Experience: The Government will evaluate the Offeror’s prior corporate experience to determine if it has performed work relevant to and of a similar size and complexity as those services outlined in the PWS. “Similar size and complexity” means: similar in dollar amount, type of work, number of years in business and number of offeror employees working on the contract. If the Offeror is proposing subcontractors, their experience will also be considered in the overall evaluation. The evaluation will also consider the offeror’s understanding of local labor laws in each country (Italy, Spain and Portugal) for which it is submitting a proposal.

Consideration will also be given to how the offeror is able to identify and approach peculiar practices and laws in the applicable country(s).

Our JV partner that has an established business in Spain and Portugal is asking based on the labor law of the two countries the following questions, in lieu of the fact that both in Spain and in Portugal the new contractor is required to hire the people already working there in order to warranty the continuity of the work this is an agreement between the UNION and the Government. I am not sure if there is a sort of agreement between US Govt and Spain and Portugal that exempt the contractor taking over these services for US Govt. If this exemption doesn’t exist the questions are:

• Actual Number of workers Maintenance Staff, Custodial and Gardeners

• Their work professional category and for how long they have been hired

• Additional Benefits

• Actual working hours

RESPONSE:

37. c. Section 3 – New Corporate Entities/Joint Ventures/No Relevant Past Performance New corporate entities may submit data on prior contracts involving its officers and employees.

However, in addition to the other requirements in this section, the Offeror shall discuss in detail the role performed by such persons in the prior contracts cited. Information should be included in the files described in the sections above. A joint venture having no past performance history itself may provide references based on the constituent companies. In addition, offerors having no relevant organizational past performance record may provide references for proposed personnel.

Question 1: Since we are bidding for all countries I would like to know if the US government has any preference under which country law the JV will be established.

RESPONSE: No, this decision is the responsibility of the Offeror.

Question 2: As discussed in the pre-proposal conference I would like to receive confirmation that at this stage will suffice a commitment letter signed by the JV partners that in case of award the JV will be established.

Question 3: Are any kind of Bonds required?

Question 4: Which are the insurance requirements for this contract?

RESPONSE: See clauses in the solicitation as applicable to the country.

38. Reference: Page 179 of 214, Item (m) Delivery of Proposals

Is the location specified for delivery of proposals correct? We assume it should read Mainz Kastel. Please clarify.

RESPONSE: Delivery of proposals will be a Mainz-Kastel. See 52.212-1(b) Submission of Proposal for clarification.

39. Reference: Page 189 of 214, paragraph 3 VOLUME III – PRICE

Question: What “Backup” information is required to support the Fixed Prices in the Schedule?

RESPONSE: None.

40. Reference: 52.212-1, (p)(B)(2)(d) Section 4 – Performance Risk Assessment Questionnaire.

The past performance questionnaire should say that it should be sent to the Government “OR” the technical, instead of “AND.”

RESPONSE: Sentence 2 of this section has been changed to read, “The Offeror shall complete Section 1 of the Past Performance Questionnaire and e-mail the questionnaire to both the Government contracting activity or private sector equivalent or technical representative responsible for the past/current contract.“

41. The date in the solicitation for past performance questionnaires to be returned by March 4, 2011 should be changed or removed.

RESPONSE: The past performance questionnaire has been amended to remove the March 4, 2011 date, see Attachment 2, Past Performance Questionnaire.

42. Reference: Page 183, B. Proposal Volumes, 2nd Paragraph, “The Technical Proposal shall address the following three (3) Sub-Factors in separate sections…”

There are only two (2) Sub-Factors that are seen and in detail.

RESPONSE: See response to question 34.

43. Is the past performance questionnaire going to be changed?

44. Does Attachment 3, Past Performance Certification, need to be completed by the respondent of the past performance questionnaire?

RESPONSE: No, one Past Performance Certification should be completed by the Offeror and submitted with the Past Performance Proposal.

45. Reference: Sub-Factor two (2) – Corporate Experience

Is Corporate Experience sufficient for Prime Contractors or Major Subcontractors are also required to submit these experiences?

RESPONSE: The solicitation states under this section, “The Offeror shall provide the information listed below for prime contracts or subcontracts under which it or its proposed subcontractors performed…”

46. Clarify in the schedule of prices whether or not they should be included with Volume 4 or

Volume 3.

RESPONSE: See 52.212-1 (p)(B)(3)(a).

47. Reference: Volume II, Past Performance, a. Contract Descriptions (i)

Do our Major Subcontractors also require the NCAGE and DUNS during this bidding phase even though their past performance was not performed for US Government solicitations?

48. Reference: Sub-Factor two (2) – Corporate Experience

The examples of projects should be considered by country. The values of a project in Spain vs.

Portugal at 100k can be very different.

RESPONSE: This has section has been amended, see 52.212-1 (p)(B)(1)(b) Paragraph 4. See also amendment to 52.212-1(p)(B)(1)(a)(ii)(4).

EXHIBITS

49. Is there any way to provide a listing of equipment for the Vicenza ES/MS?

RESPONSE: Because this school was commissioned so recently we do not have a listing of equipment to provide.

50. Reference: Exhibit R, Price Spreadsheet and page 108 of 214, paragraph (i) Hourly Rate, subparagraph (E)

When work must be performed on Saturday, Sunday, or legal holidays, the overtime rate is considerably higher than the normal overtime rate. The overtime rate in Exhibit R is a single rate.

How will overtime for Saturdays, Sundays, and legal holidays be calculated?

RESPONSE: There will only be “Duty Hour” and “Non-Duty Hour” Labor Rates.

51. Reference: Exhibit J, Historical Data

As the solicitation calls for a price proposal that is broken down into routine and non-routine items, also the historical workload data should be provided separately for routine and non-routine maintenance. Please also provide data on the amount of materials purchased under the contract.

This information is necessary for an appropriate estimate of the material handling fee.

RESPONSE: See Exhibit J. Material purchasing information is not available.

52. There is concern with the Time and Materials (T&M) CLINS of the contract regarding non-routine services above the €2,000 threshold or that which will be ordered under the procedures defined by paragraph 5.1.4.2, Project Work Request (PWR), of the Draft Performance Work Statement, as follows:

a) The salient paragraph indicates that all PWR work will require estimates showing buildup of hours and rates based on the schedule of rates proposed. There are no concerns with these rates for the prime but suggests that applying the same rates on a T&M basis to subcontracted effort will be difficult in practice.

Most effort for indefinite requirements as envisioned by the PWR process will be by subcontracted effort. No contractor can afford to carry the specialty labor, management, and expertise and continue to turn a reasonable profit on indefinite requirements that may or may not transpire.

i. Subcontractors (particularly for minor construction and facility repair services) are unwilling or unable to provide cost estimates in the detailed breakdown that are required by the T&M clause in the draft solicitation. Furthermore, many of the smaller foreign subcontractors who will be solicited to perform on this contract do not have the processes and procedures in place, nor the means to establish the necessary support structure to effectively operate within a T&M contract. They will have the means to effectively deliver a quality product at a very reasonable and competitive price, providing that they are bidding in a contract environment that they understand (competitive fixed price).

ii. The ability of the prime to perform, therefore, is impacted by timekeeping issues.

The level of effort needed by the prime contractor and subcontractor to document labor hours and material attributable to an approved PWR causes a consequent increase in administrative support costs to the contract and DODDS-E will lose the cost and performance efficiencies gained from competitive fixed price bids for the projects that are subcontractor performed.

b) Given the above, it is likely that DODDS-E will not receive the kind of responsive services expected for minor repair and minor construction requirements envisioned in the PWS. As much of this work would interfere with the normal day to day school activities, there are very limited times where this work can be performed. Peak work loads of this nature can only be accomplished on time and with the required quality in such short work periods using a wide range of specialty subcontractors since prime contractors do not have the staffing available at each school complex to accomplish this work. It will be difficult to accomplish this in the DODDS Mediterranean District with its remoteness and smaller student populations at each location. The unfamiliarity of T&M provisions (to the subcontractors) will dampen competitive and timely responses from local subcontractors.

c) A procedure will also needed to be established to account for materials paid for by the government and excess to the authorized PWR, further adding to administrative costs and requiring government controlled storage space for government owned property, currently not envisioned in the draft solicitation.

RESPONSE: We appreciate your comments and concerns. The use of commercial Time and Materials allows for us to request “blended rates” or as we have called them in the solicitation, “fully burdened composite rates.” Please see the updates to the solicitation.