HSBP1017R0023_Amendment_A003_SF_30.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

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Previous edition unusable

A003

The purpose of this Amendment is to incorporate the attached Questions and Answers.

The Government will issue further amendment(s) to capture all questions submitted within the deadline time frame.

Customs and Border Protection (CBP) 1331 Pennsylvania Avenue, NW National Place, Suite 1355 Washington DC 20229

Offerors

HSBP1017R0023

03/28/2017

03/17/2017

HSBP1017R0023

Amendment A003

1. Will you be accepting solicitations which use Technology as an alternative to a physical wall?

Answer: No, technology alone would not meet the requirements of the solicitations.

2. Do you require a bond for Phase 1 submissions?

Answer: A “Bid Bond” (Standard Form 24) is not required for Phase I submissions, although an offeror shall discuss its ability to bond at a minimum value of $200,000. Please see Phase I Submission Instructions, Demonstrated Experience. A “Bid Bond” is required to be submitted in response to Phase II proposals in addition to the requirements of Section L Phase II Volume II TAB B – Bonding Capacity.

3. Is the mockup to contain an actual concrete pour?

Answer: Yes, the mockup is to contain a concrete pour to the extent that the prototype will involve an actual concrete pour.

4. Are we to purchase and install light fixtures, IT components, and security camera we propose on the mockup?

Answer: No, the purchase and install of light fixtures, IT components, and security cameras is not required for the mockup.

5. Please clarify the meaning of this statement. Do you mean we only have 1-4 hours to construct the mockup or the ability to defeat compromising the wall with drilling, etc.?

Answer: The time reference of 1-4 hours relates to the wall’s ability to resist potential attempts to breach it, in this case the ability to breach the wall by creating a hole larger than 12-inches. See SOW sections C.3.1 and C.3.4.

6. Will we be permitted to construct and pour a foundation, allow appropriate curing before loading with a 10' cast in place concrete wall 10'-12' tall?

Answer: Prototype and mock up construction is expected to be completed in 30 calendar days.

This should be sufficient for foundation cure and construction.

7. Section 1 Demonstrated Experience requires that experience reference projects be "(completed to at least 50% or more within the past 5 years).” Can the 5 year timeframe be increased to within the last 10 years to allow for inclusion of more projects to be considered as demonstrated experience?

Answer: No, the timeframe cannot be increased.

8. How often and when will questions and answers be provided?

Answer: Amendment(s) containing questions to answers will be issued within an appropriate timeframe

9. Is the submittal allowed in pdf or does it have to be in word or excel?

Answer:

The submission can be submitted as Excel, Word or PDF. The RFP will be revised to reflect this change.

10. Are the structural drawings part of the 10 page limitations?

Answer: Yes, see Section L, Phase I Submission Instructions, Written Proposal Submission Format.

11. Please expand on the definition of anti-tunneling?

Answer: Anti-tunneling would be any deterrent capable of blocking passage underground.

12. What is the design criteria (i.e. LRFD, ACI, Etc.)?

Answer: Design standards are not specified. Reference Article C.6 of the SOW, which states design must meet applicable national building codes and regulations.

13. Is the terrain slope requirement 45 percent as shown here or 45 degrees as shown on page 39 of Section L?

Answer: 45 degrees as described in Section L, Prototype Design Concept.

14. Please clarify whether the prototype wall is to be designed and constructed to a height of 30’ or 18’. The cost and constructability will be severely impacted by the 12’ differential and the evaluations not comparable.

Answer: Refer to the SOW, C.3.4, Prototype Requirements. The offeror is ultimately responsible for developing its own solution.

15. What is the proximity of proposed border wall to border/existing fence?

Answer: To be determined and will vary at different locations but will be identified in future Task Orders. The Prototype location will be identified in Phase II.

16. Is there a maximum width or thickness of the wall?

Answer: No, see SOW Section C.3.1, Border Wall Design Considerations.

17. Are see through properties a requirement?

Answer: See SOW Section C.3.1, Objective Requirements

18. Please clarify the relationship and use of this MA/IDIQ vehicle with the previously released RFI(s) for both Remote Video Surveillance and Long Term Strategy. Specifically, will this MA/IDIQ vehicle be used to acquire additional capabilities to secure the Southern Border such as C2, towers, communications radars, RVSS, cameras and other types of sensors along the border? Will this MA/IDIQ also be used to procure Sustainment and Training?

Answer: The additional capabilities mentioned are not applicable to the prototype task order. If these capabilities are required for future task orders, the capabilities needed will be identified at the task order level. In addition, this IDIQ is not intended to be used for Sustainment and Training. If interested parties want to submit concept papers for other ideas, related to the long term strategy they can respond to DHS’s RFI number 2017-DHS-OCPO-RFI-0001

19. Section A, page 2, 6th paragraph: “An awardee can only elect to withdraw from submitting a proposal on three (3) TO RFPs during a 365 calendar day period. Withdrawal requests in excess three (3) in a 365 calendar day period may result in the Government terminating a contractor’s

IDIQ contract for default.” How many task orders are anticipated to be issued within each 365 calendar day period? Does a 365 calendar day period commence at the start of a new calendar year?

Answer: As this is an IDIQ, it is not known how many Task Orders will be issued in a calendar year. The 365 calendar day period begins on the award date of the IDIQ.

20. The Government indicates there will be a mandatory downselect between Phase 1 submission and Phase 2 submission. Will there be a mandatory down-select after Phase 2 submission and has the Government decided on the number of multiple award IDIQ it intends to place?

Answer: There will be no down-select after Phase 2 submissions. The Government has not determined a fixed number of IDIQ contracts to award.

21. "The Offeror shall describe the Prime Offeror’s and/or Major Subcontractors’ experience leading and successfully completing several large projects". How does CBP define “large” in the context of demonstrated experience successfully completing several large projects?

Answer: See RFP, Section L, Phase I Demonstrated Experience.

22. “The Offeror shall identify key personnel with outstanding training, experience, and other qualifications….” Please elaborate on the training requirements in Section C – SOW so that the appropriate staff can be assigned.

Answer: See education requirements documented in the SOW, ARTICLE C.10 KEY

PERSONNEL.

23. The offeror shall describe its ability to meet the Government’s schedule requirements for the prototype construction. The offer shall outline the skills and competencies of staff who are available to support the technical and management activities of the project.”

If additional personnel are named will the additional descriptions of scope and experience be included in the original page count?

Answer: Yes, the additional descriptions will count against the Phase I page count.

24. Several of the exemplar questions to be considered during the proposal review are specific to experience on the Southwest Border. Is the Southwest Border experience a minimum requirement or environments similar to the Southwest Border acceptable?

Answer: The exemplar questions are not requirements but are focus areas. They are meant to provide references to the types of terrain, topography and geology to be found around the Southwest border. They are not intended to be restrictive but to describe general conditions. Therefore, any relevant experience that is not specific to the exemplar questions should still be documented.

25. Are the goals provided cumulative (54%) for SB/SDB/SDVB/WO or is the Small Business goal (38%) with subcategories that comprise 16% of the total 38%?

Answer: The subcontracting goals shown are per each socio-economic group; the total cumulative subcontracting goal is 54%.

26. Section C - Description/Specification, (d), page 5: "The Contractor shall furnish all labor, material, equipment, supervision, etc. necessary to complete the requirements of this contract in accordance with this this solicitation/contract, and all applicable Federal, State, and Local laws, regulations, specifications, codes, certifications, etc., to whichever is most stringent” Please clarify contractor responsibility in land permits, licenses and eminent domain.

Answer: The Government is responsible for obtaining permits and licenses for work done on Government property. Anything outside of that for staging or fabrication is the responsibility of the contractor.

27. Section C- SOW, C.1, Introduction, Page 1, 1st paragraph: “The proposed prototype designs shall not include the use of proprietary design or equipment.”

Would the Government be open to allowing proprietary designs and equipment if provided with Government Purpose Rights for this contract? Is this language meant to encourage Contractors to utilize commercially available and ready now equipment that does not require additional engineering development?

Answer: No, the Government is not open to any form of proprietary design or equipment.

28. Section C- SOW, C.3.1, Border Wall Design Considerations, Threshold Requirements 4) page 2 and C.3.4.1 Border Wall (Task Order), Page 4 “4) The wall shall prevent digging or tunneling below it for a minimum of 6 feet below the lowest adjacent grade.” In as much it is impossible to prevent tunneling under a wall given unlimited time to do so, please provide a required delay time. For example, "The wall shall be designed to delay digging or tunneling below it to 6 feet depth, below the lowest adjacent grade, for 1.5 hours."

Answer: The requirements of the SOW, C.3.1 and C.3.4.1 are adequate and remain unchanged.

29. Section C- SOW, C.3.1, Border Wall Design Considerations, Threshold Requirements 5), page 2 and C.3.4.1 Border Wall (Task Order), page 4 “The wall shall prevent/deter for a minimum of 30 minutes the creation a physical breach of the wall (e.g., punching through the wall) larger than 12-inches in diameter or square using sledgehammer, car jack, pick axe, chisel, battery operated impact tools, battery operated cutting tools, Oxy/acetylene torch or other similar hand-held tools.”

Section C- SOW, C.3.1, Border Wall Design Considerations, Objective Requirements 2), page 2 and C.3.4.1 Border Wall (Task Order), page 4 Given the Threshold Requirement #5, what is the intent of the Objective Requirement and what is the upper limit of this requirement, given the plus sign "+" following the value of 4 hours?

Answer: The Threshold requirement as described in Section C.3.1 represents a minimum requirement, in this case 30 minutes for a breach to be made. The Objective Requirement is one that would enhance the performance of the wall and in this case for the wall design and materials to prevent or deter a breach for 30 minutes up to 4+ hours. The 4+ hours is four hours or more to prevent or deter the breach. So, the minimum amount of time the wall must prevent or deter a breach is 30 minutes. CBP’s Objective, however, is to deter/prevent a breach for greater than 30 minutes, and a delay or prevention time of 4 or more hours is most desired.

30. Section C- SOW, C.3.1, Border Wall Design Considerations, page 2 Please clarify if the wall required to pass over or through any body of water. If the wall is required to pass over or through any body of water, then please state the maximum width of such body of water, and state if the tunneling requirement is suspended in the area of that body of water?

Answer: Body of water considerations are not relevant for prototype task orders. To the extent body of water considerations are relevant for future task orders, the Agency’s requirements will be identified at the task order level.

31. Section C- SOW, C.3.2, Design and Construction Requirements; page 3: “All below grade utility crossings or other above or below grade interferences shall be coordinated, with any conflicts resolved, by the Contractor prior to start of construction.” Will the Government provide information related to utility crossings or other interferences to a depth of at least 6 feet so that the Contractor can estimate the cost and impact of resolution?

Answer: The Government will identify utility crossings and/or Blue Staking for Prototype Effort.

For any follow-on task orders beyond the Prototype, the Contractor shall be responsible for utility clearance.

32. Section C- SOW, C.3.2, Design and Construction Requirements; page 3: “All below grade utility crossings or other above or below grade interferences shall be coordinated, with any conflicts resolved, by the Contractor prior to start of construction.” Please elaborate that resolution does not include coordinating the legal obtainment of easements and right of ways.

Answer: Prototype construction will be performed on Government owned property so there should be no issues with obtaining easements and rights of way.

33. Section C- SOW, C.3.4, Prototype Requirements, page 3: “Prototypes constructed under this task order must offer designs that are alternatives to reinforced solid concrete walls (i.e. no solid concrete external faces).” If this requirement is also to apply to the other scope (design and mock-up), then suggest that this requirement be added to Section C – SOW, 3.1 Border Wall Design Considerations.

Answer: SOW remains unchanged.

34. Section C- SOW, C.3.4, Prototype Requirements; page 3: The prototype will be constructed at a location in San Diego, CA as determined by the Government.” Will the Government consider site visits to existing border security solutions implemented for US Customers outside the US in an operational environment to fulfill the prototype?

Answer: No, site visits to other locations will not be considered.

35. Section C- SOW, C.10, Key Personnel; page 12: “The credentials of the proposed Lead Designer will be viewed to ensure they are a registered professional engineer. Professional Registration and/or Licensing is required in California. Texas, New Mexico, and Arizona are preferred as well.” Are these credentials required at the time of contract start or proposal submittal?

Answer: The credentials will be required at the time Phase I and Phase 2 Proposal Submissions are due.

36. Section C- SOW, C.11, Security; page 13: “As part of the security requirement, the Contractor shall be responsible for the development of a Security Plan in conjunction with the Health and Safety Plan.” Are any parts of this contract considered classified? If so, will a DD 254 be provided?

Answer: No parts of this contract are classified.

37. Section C- SOW, C.11, Security; page 13: “As part of the security requirement, the Contractor shall be responsible for the development of a Security Plan in conjunction with the Health and Safety Plan.” 37a:Will the USG provide security intelligence on activity along the staging areas and/or border areas?

Answer: No

37b:Will US National Guard, DHS, DEA and Border Patrol agents be accessible to the Contractor for emergency incidents support including medical or evacuation support?

Answer: The Border Patrol will be providing routine law enforcement operations on the border.

38. Section C- SOW, C.11, Security; page 13: “As part of the security requirement, the Contractor shall be responsible for the development of a Security Plan in conjunction with the Health and Safety Plan.” Will the contractor be responsible for building "man camps" or will USG provide lodging and life support when towns are inaccessible?

Answer: If “man-camps” are required, then they will be the Contractor’s responsibility.

39. Solicitation - HSBP1017R0022; Section B, Prototype Range, p. 4Section B states, "The estimated price range for the solid concrete wall prototype is between $200,000 and $500,000."

39a: What is the source data for determining the estimated price range?

Answer: It is based on the Government estimate.

39b. Is this estimated price all inclusive (i.e., design, mock-up, travel, environmental, security, testing, etc)?

Answer: Yes, the estimated price includes all activities associated with Prototype Task Order.

40. Solicitation - HSBP1017R0022, Section B, p. 4 Will prototype designs be evaluated for providing support for technology insertion?

Answer: No, technology insertion is not a requirement for the prototype RFPs.

41. Solicitation - HSBP1017R0022; Section F, p. 8 Please clarify that no liquidated damages would apply to the construction and delivery of the prototype wall (thru Phase II).

Answer: There are no liquidated damages associated with the first Task Order for prototype wall construction.

42. Solicitation - HSBP1017R0022; Section F, p. 8 Please clarify on Liquidated Damages for any future task orders whether the Government would hold contractor liable for large, disruptive protests that exceed the contractor's capacity outlined in their approved Security Plan.

Answer: This cannot be determined at this time and will be considered on a case-by-case basis.

43. Solicitation - HSBP1017R0022; Section L, p. 36 Referenced section states, "Prospective offerors that submit proposals may not change their firm (including letter of commitments (LOC’s) and proposed sub-contractors) or their joint venture firms, if selected for award. If the joint venture changes after award, the offeror must immediately notify the Contracting Officer for an assessment of contractual impact. "Please clarify whether this requirement for providing LOCs from subcontractors and JV agreements applies to initial contract award for Phase I and must remain intact thru Phase II or whether a bidder can form/finalize a JV arrangement and subcontractor agreements between Phase I and Phase II.

Answer: Letters of commitment and joint venture agreements are not required until Phase II submissions are due. All letters of commitment and joint venture agreements shall be representative of the team proposed in its Phase I submission, if applicable. Any proposed team shall remain the same throughout the duration of the procurement process, from Phase I submission through project completion.

44. Solicitation - HSBP1017R0022; Section B, p. 4 Will the pool of 20 selected on the Prototype contract be the only bidders invited to propose on the larger wall contract?

44a: If not, will the evaluation criteria favor those contractors that were down-selected on the Prototype contract?

Answer: No, the pool of up to 20 down-selected offerors applies only to this effort and this solicitation. Only those awarded a contract will be eligible to compete for task orders under this IDIQ contract. This IDIQ, however, will not be the vehicle for the entire wall project. Therefore, the larger wall project and this contract are independent of each other.

44b: Solicitation - HSBP1017R0022; General Question Will USACE be involved at any level for this contract?

Answer: Other agency involvement is not known at this time, but if needed, CBP reserves the right engage with any other agencies as deemed necessary.

45. Solicitation - HSBP1017R0022; General Question Please clarify whether the government is issuing multiple ID/IQ contracts valued at $300M each or multiple ID/IQ contracts that will share a total contract ceiling of $300M.

Answer: The performance period of each IDIQ contract shall be five (5) years from date of award with the sum total value of all awarded contracts having a maximum order limit of $300,000,000 in accordance with section A of the RFP

46. Solicitation - HSBP1017R0022; General Question Would the government accept a contractor's request to invoke Public Law 85-804 indemnification provisions given the politically contentious nature of this program?

Answer: The Government does not intend to utilize the referenced indemnification provisions in this solicitation.

47. Solicitation - HSBP1017R0022; General Question Please clarify how the US Army Corps of Engineers (USACE) and CBP will work together on this program. Will DHS source additional contract capacity through USACE districts such as the recent announcement that Fort Worth was procuring $4.5B in potential multi-award construction contract capacity?

Answer: This question is not relevant to the solicitation.

48. Solicitation - HSBP1017R0022; General Question How does CBP intend to validate adherence to contract specifications by awardees. Will they self perform this work or engage a third party to provide oversight?

Answer: CBP will conduct contract administration to ensure compliance with the requirements by all awardees.

49. Solicitation - HSBP1017R0022; Section C; Attachment 1; p. 1Reference Section States, "CBP anticipates awarding IDIQ contracts to multiple Contractors. All selected Contractors will be awarded one (1) task order to construct its proposed prototype. All selected Contractors may also be provided an opportunity to propose on future task order requirements that are anticipated to be both design build and design bid build task orders for border wall and supporting tactical infrastructure and technology along the southwest border. Tactical infrastructure includes: access and patrol roads, fencing, drainage structures, motorized vehicle gates, light-emitting diode (LED) lighting, fiber optics and communication towers. Technology could include remote video surveillance systems (RVSS), ground sensors, etc. How will CBP evaluate the use of Technology for Phase I and/or Phase II? Does CBP require unequivocal letters of commitment signed by the potential subcontractors of Tactical Infrastructure -Technology Providers to be submitted during Phase I or Phase II?

Answer: Technology is not being evaluated under this solicitation.

50. Solicitation - HSBP1017R0022; Section C; Attachment 1; p. 1Reference Section States, "The proposed prototype designs shall not include the use of proprietary design or equipment." How does CBP plan to utilize Tactical Infrastructure in the design and build-out of the mock-up as majority of the Tactical Infrastructure products and systems are proprietary?

Answer: Tactical Infrastructure and Technology are not required for the prototype and mock-

up. Refer to Section C.1 of the SOW regarding proprietary designs.

51. It is the Offeror's understanding that the significant portion of the most relevant and prior US Border Wall construction projects have been completed greater than 5 years ago. The Offeror requests for CBP to extend the original 5 year requirement to an industry standard of 10 years.

Therefore, the requested language would read; "The Offeror shall describe the Prime Offeror's and/or Major Subcontractors' experience leading and successfully completing several large projects (completed at least 50% or more within the past 10 years)..." Attachments - HSBP1017R0023; Section L, p. 38The solicitation documents reads, "The Offeror shall describe the Prime Offeror's and/or Major Subcontractors' experience leading and successfully completing several large projects (completed at least 50% or more within the past 5 years)..."

Answer: The wording as stated in the solicitation remains unchanged.

52. Our entity needs your assistance as to which HSB we would need to send proposal to. The definition of “Solid Concrete Wall” may be in error as such a “Solid Concrete Wall” actually requires steel-reinforcement. As such the structure is better termed in the industry as “Steel- Reinforced Concrete Wall”?

Answer: The description as stated in the solicitation remains unchanged.

53. What if we reinforce our concrete design with something other than steel? Should we submit proposal under “solid concrete wall” for R0022 or submit under “other” border wall for R0023?

Answer: The offeror should submit under the solid concrete wall RFP (R0022).

54. Section L, Joint Ventures and subcontractors – Proposal Requirements; page 36, last paragraph:

“Subcontractor: The Government recognizes that completion of a project is often a team effort.

Therefore, if an offeror wishes to be credited with the experience and past performance of a subcontractor (i.e., a firm that is not a member of the joint venture), a firm, unequivocal letter of commitment signed by the subcontractor must be submitted.” The RFP allows for inclusion of subcontractor experience to meet experience requirements: However, in Section L, Phase I Concept Papers / Request for Qualifications, subcontractors are only mentioned under the 1) Demonstrated Experience Section (page 38) but not under 2) Management and Technical Competence or 3) Prototype Concept Approach (page 39). Please confirm that Subcontractors' experience can be utilized for experience subject to the other RFP requirements.

Answer: Yes, a subcontractors' experience may be used to satisfy requirements under any of the RFP’s Phase I areas of concentration: Demonstrated Experience, Management and Technical Competence, and Prototype Concept Approach. However, the subcontractor would have to remain as part of that team through project completion, unless the Contracting Officer approves a change.

55. Section L, Joint Ventures and subcontractors – Proposal Requirements; page 37, 2nd paragraph:

“If the offeror’s proposal includes the use of subcontractors, the offeror may not change subcontractors without the Contracting Officer’s approval.” Please confirm if this requirement is applicable to COTS and general construction equipment.

Answer: The requirements provided under Section L, Joint Ventures and Subcontractors – Proposal Requirements, are not applicable to COTS or equipment.

56. Where do we get the Border Patrol Approved Design Standards referenced on page 62 of the pdf documents?

Answer: The Border Patrol Approved Design Standards will be provided to the down selected vendors during Phase II of the process.