HSBP1017R0023_Amendment_A004_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:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

A004

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

03/30/2017

03/17/2017

HSBP1017R0023

Amendment A0004

1. Can you put in a proposal for "other" technical infrastructure without putting in proposal for building an actual wall?

Answer: No, a proposal for only technical infrastructure would not meet the requirements of the solicitation.

2. Can we submit several design ideas in the Phase I submission or would that constitute alternate proposals?

Answer: No, doing so would constitute alternate proposals, which will not be accepted in response to this solicitation. We will accept only a single design per offeror for each solicitation.

3. In the deployment of non-commercial off the shelf items (i.e. patented technology), who owns the rights?

Answer: In accordance with the RFP, prototype designs shall not include the use of proprietary design or equipment. “Proprietary design or equipment” would include the example of patented technology referenced in this question.

4. We would also like to ask whether the intrusion delay claims are to be validated by any independent testing Bureau i.e. ASTM?

Answer: The Government will conduct the testing of the mock-up. There is no intent to use an outside contractor for testing the mock-up.

5. The RFP is not clear on expectations of the contractor with respect to environmental impacts beyond Best Management Practices on the construction site. What is the contractor’s responsibility with respect to Cultural and Natural Resource identification and protection, compliance with Federal, State, and Local environmental regulations, protection of endangered species, interface with regulatory agencies, environmental remediation if need is identified on the construction route, and other environmental issues beyond BMP at the construction site?

Answer: The Government will be responsible for any legally required environmental impact studies or other environmental compliance. The Government is not expecting bidders to conduct independent environmental impact studies. Appropriate information as to best management practice or other environmental measures that must be carried out as a part of construction will provided on a task order-by-task order basis. Information relevant to the construction of the prototypes will be provided to Phase II offerors.

6. Article C.3 – General Intentions, C.3.1 Border Wall Design Considerations, Threshold Requirement 10, Page 2. The wall design shall be constructible to slopes up to 45 percent.

Please clarify if this is 45 % or 45 Degrees?

Answer: This is 45 Degrees.

7. Describe your design-build experience constructing projects in challenging (e.g. steep slopes up to 45 degrees) and or inaccessible terrain on the southwest border. Please clarify if this is 45 Degrees or 45 %?

Answer: This is 45 Degrees

8. Will the Government be furnishing the Corridor and Right of Way for building the wall, access roads, and patrol roads or will the contractor be required to obtain?

Answer: The Government will provide access to the border. If the contractor intends to use a staging area, etc. off site, it is the contractor’s responsibility to obtain permits and access to those areas.

9. Does transmittal letter count towards 10 page limit on Part I?

Answer: A transmittal letter is not required in Phase I, it is only required in Phase II. If incorporated in Phase I, it will count toward the 10-page limitation.

10. Are resumes preferred and if so, do they count towards the 10 page limit on Phase I?

Answer: Resumes are not required in the Phase I submission. See Section L, Phase I, Management and Technical Competence for information required for personnel. If included in the Phase I submission, resumes will count toward the 10-page limit.

11. RFP states that Phase 1 Concept Papers/Qualifications statements shall be soft copies only.

We understand that is one copy only emailed. Is that correct?

Answer: Yes, only soft copies will be accepted. Only one submission is required via email for each phase, as applicable.

12. RFP states that the papers/qualifications shall be submitted in electronic format using Microsoft Word 2003 (or higher versions when available) for text submissions and Excel 2003 (or higher versions when available) for spreadsheet submissions. Request that PDFs be allowed as they can better represent concept drawings.

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

13. RFP indicates that if credit for projects for subcontractors is to be allowed, teaming agreements need to be submitted. Is this required in Phase I and if so, is it excluded from the page count?

Answer: Teaming agreements are not required for the Phase I submission. They are only required to be included as part of the Phase II proposal.

14. Please confirm that the minimum bonding capacity is $200,000.

Answer: A “Bid Bond” (Standard Form 24) is not required for Phase I submissions, although offerors shall discuss their 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 during Phase II in accordance with the requirements of Section L Phase II Volume II TAB B – Bonding Capacity.

15. Please confirm that the signed Standard Form 30/1442 is excluded from the page limitation.

Answer: Yes, the SF 30 is excluded from the page count requirements associated with Phase I. The SF 1442 is not required for the Phase I submission. In Phase II, the SF 30 and SF 1442 are excluded from the page count requirements.

16. Please confirm that the Letters of Commitment are excluded from the page limitation.

Answer: Yes, the Letters of Commitment are excluded from the page limitation of the Phase II proposal. Letters of Commitment are only required to be submitted in Phase II.

17. Please confirm that the required Offeror information is excluded from the page limitation.

Answer: This question contains insufficient information for the Government to be able to answer.

18. Could you please clarify the terms degrees and percentage are used correctly for the following two sections in the RFP? On page 39 section 3) Prototype Concept Approach, it asks "Describe your design-build experience constructing projects in challenging (e.g. steep slopes up to 45 degrees) and or inaccessible terrain on the southwest border." On page 2 and 4 under the Statement of Work it asks "9) the wall design shall be constructible to slopes up to 45 percent." We want to ensure that contractors past work experience needs to include projects with challenging terrain up to 45 degrees, and the prototype needs to be constructible on slopes up to 45 percent (24.2 degrees)?

Answer: All references to “percent” in this question should be degrees (i.e. 45 degrees). That is to say, the prototype needs to be constructible on slopes up to 45 degrees.

19. RFQ states: "Provide substantiating evidence from a federally approved surety indicating that the Offeror (prime contractor only) has the ability to bond for the full value of the offeror’s prototype. The offeror must submit a letter of commitment from a surety, signed by an officer or agent authorized to bond, that identifies the offeror’s available bonding capacity and limits that the surety will bond the Offeror, as the successful awardee for this project, taking into consideration the Cost Ceiling Limitation described in this Solicitation. If the Offeror submits evidence from an individual Surety, the individual surety must include documentation meeting the requirements of FAR 28.203 and contract clause 52.228-11. Offerors should note that additional bonding requirements may be required on subsequent task orders under the resultant IDIQ contract. See Section H clause “Ordering Procedures” for additional information." Does this mean a written letter from the surety or a bid bond (which is provided in the RFP) or both?

Answer: A “Bid Bond” (Standard Form 24) is not required for Phase I submissions, although offerors shall discuss their 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

20. Question/Comment: In order to better provide the Government a complete picture of a bidder's performance, and to avoid asking bidders' customers for an "emergency" response to the requirement to have them complete and return the Attachment 8 Survey forms in time to be submitted with the proposals, it is requested that the Government allow more time for bidders' customers to complete Attachment 8 by extending the due date of the Phase 1 proposals to 4:00 PM EDT Friday, April 7, 2017.

Answer: The response date for Phase I concept papers has been extended to no later than 4 PM EDT on April 4, 2017, unless the solicitation is otherwise amended.

21. Background: Instructions read, "Offerors are strongly encouraged to create a matrix to show how elements of the proposal address the Government’s Statement of Work…" Question/Comment: The SOW (Attachment 1) is 15 pages and contains many specific details that cannot be addressed adequately within the page limits specified, while meeting the Phase 1 Submission Requirements. Is it the Government's intent that bidders respond to the entire SOW for the Phase 1 submission?

Answer: Offerors shall comply with all Section L Phase I.

22. Comment: Administrative FYI. The instruction "Documentation for personnel as outlined in Article C.10 Security" is ambiguous as SOW Article C.10 is entitled "Key Personnel" and Article C.11 is entitled "Security." Note: This ambiguity exists in both HSBP1017R0023 and HSBP1017R0022 in the same places.

Answer: The SOW cross-references should have been to “C.11” Security. Both RFPs will be updated to correct this scrivener’s error.

23. Background: The cited instructions state "Offerors shall NOT submit responses to Phase II submission criteria unless notified by the Government after Government evaluation of Phase I proposal submissions."

Question/Comment: Please confirm that a SF-1442 is not required for Phase I, as it is only mentioned in Section L as a requirement for Phase II proposals.

Answer: The SF 1442 is not required for Phase I. All offerors submitting a concept paper in response to Phase I shall, however, submit a signed SF 30 for each amendment issued prior to the Phase I response date.

24. Background: The cited instructions state "Offerors shall NOT submit responses to Phase II submission criteria unless notified by the Government after Government evaluation of Phase I proposal submissions."

Question: If an SF-1442 is not required for Phase I, are offerors required to confirm the validity date of their proposals?

Answer: The SF 1442 is not required for Phase I. Phase I does not require offerors to identify a validity date for its concept paper, as Phase I does not incorporate a price, but is the first part of the overall solicitation process. All offerors submitting a concept paper in response to Phase I shall comply with the Phase I Submission Instructions identified in Section L of the

RFP.

25. Background: The cited instructions call for a discussion of relevant projects (plural). The instructions also ask "...for the one project discussed in this section that it believes best represents its performance as it relates to the scope of this project." with respect to Attachment 8. Question/Comment: Are bidders being asked to focus on "the one project" for their demonstrated experience in this section?

Answer: No, offerors shall focus their response to this section on the entirety of their demonstrated experience, as necessary, to respond to this section. Attachment #8 shall only be submitted as required in accordance with the instructions set forth in Section L, Phase I, Demonstrated Experience.

26. Question/Comment: Per FAR Subparts 19.5 and 6.2, request that the Government unilaterally set-aside 30% of the ceiling value of this solicitation for Small Business Concerns using the size standard of the cited NAICS Code or conduct a separate Sources Sought to determine whether or not there would be adequate competition among Small Business Concerns.

Answer: See Phase II, Factor 2-4 – Small Business Subcontracting Plan. This requirement is being issued on Fedbizopps.gov as a full and open requirement.

27. Question/Comment: Please confirm that key Subcontractor Letters of Commitment (LOC) are required for Phase I if an offeror intends to use that sub's experience as part of the team's.

Answer: Letters of Commitment are not required for the Phase I submission. They are only required for the Phase II proposal.

28. Question/Comment: If LOCs are required, please confirm that their inclusion will fall outside the page count for the Phase I Concept Paper. Suggest the second sentence in the last paragraph under the header "Written Proposal Submission Format" on Page 38 be modified to read: "The completed Subcontractor Letters of Commitment, Project Performance Survey and Summary Matrix are excluded from the 10 pages."

Answer: Letters of Commitment are not required for the Phase I submission. They are only required for the Phase II proposal.

29. Is the Prime Offeror required to hold any specific State business licenses?

Answer: The Offeror is required to comply with all applicable laws and regulations and to be licensed accordingly to perform work in response to this requirement if awarded an IDIQ contract.

30. This section states "the Gov't intends to award multiple Firm-Fixed Price IDIQ Contracts with Initial Task Orders…." Is the mention of "firm fixed price" specific to the Initial Task Order, or will the pricing submitted in Phase 2 be "firm/fixed" for the entire 5 yr contract duration?

Answer: The IDIQ contracts and the task orders, initial and future, will be firm-fixed price.

Pricing submitted in Phase II shall be firm-fixed for the initial task order only.

31. This section states "the contract value shared by all IDIQ awardees shall not exceed $300M."

This is in contradiction to Sec. B (pg 4) which says "each IDIQ contract will have a maximum value of $300M." Which is correct?

Answer: In accordance with the solicitation, “The performance period of each IDIQ contract shall be five (5) years from date of award. Each IDIQ will have a maximum order limit of $300,000,000.”

32. The Phase I section titled "1) Demonstrated Experience" requires a bonding capacity of $200,000. Is this the bonding capacity for Phase I only?

Answer: A “Bid Bond” (Standard Form 24) is not required for Phase I submissions, although offerors shall discuss their 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

33. Phase I proposal limitation is 10 pages, excluding the Project Performance Survey, Summary Matrix, Table of Contents, and divider pages. Do organizational resumes and key personnel resumes count against the 10 page limit? Can any other attachments be included that do not count against the 10 page limit?

Answer: Resumes are not required for Phase I. If included in the offeror’s Phase I submission, they will count toward the 10-page limitation.

34. The Phase II section titled "3) Tab B - Bonding Capacity" requires the Offeror provide evidence they can bond for "the full value of the offeror's prototype." Then goes on to mention the Offeror "must submit a letter…identifying the offeror's available bonding capacity...taking into consideration the Contract Ceiling Limitation...". At no point is a firm bonding capacity required. Is a $200K bond, as required for Phase I, sufficient to continue into Phase II and achieve an eventual contract award? Would the government consider identifying a specific bonding capacity required to achieve one of the $300M IDIQ contract awards?

Answer: A “Bid Bond” (Standard Form 24) is not required for Phase I submissions, although offerors shall discuss their 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

35. Should "tactical infrastructure" be included in the prototype concept? Will Contractors be expected to construct "tactical infrastructure" in addition to the wall under the IDIQ contracts?

Answer: No, tactical infrastructure should not be included in the prototype concept. Future TO RFPs will address tactical infrastructure requirements, if and as applicable.

36. Will design concepts for the wall foundation type be a consideration in the selection of the

Design Build team responders or just the wall design?

Answer: Yes, foundation capabilities are viewed as part of the wall design and need to be included in the proposed concept.

37. Threshold Requirement 3) states "it should not be possible for a human to climb to the top of the wall….from either side unassisted. (e.g. via the use of a ladder, etc.)" Is this saying that is should not be possible to reach the top with a ladder? Or is this saying that a ladder is a form of assistance that the wall must not protect against?

Answer: Anti-Climb means: A person, using only their hands and feet cannot climb the wall on either side. Further, Unassisted means: a person is not helped by anyone or anything (example: without any type of mechanical assistance, ropes, ladders, etc.) to aid in climbing a wall.

38. Threshold Requirement 3) states "it should not be possible for a human to climb to the top of the wall….from either side...." Is there really a true concern of people climbing over from the US side?

Answer: Anti-Climb means: A person, using only their hands and feet cannot climb the wall on either side. Further, Unassisted means: a person is not helped by anyone or anything (example: without any type of mechanical assistance, ropes, ladders, etc.) to aid in climbing a wall.

39. Threshold Requirement 9): Are the "gates" to be provided by others? Does DHS have a standard design for pedestrian and vehicle gates? Can this be provided for Phase II proposals?

Answer: The design standards of the gates will be made available under Phase II – Request for Proposals.

40. Threshold Requirement 10): Can the surrounding grade be excavated as needed in steep slope areas to allow for construction.

Answer: Excavation is not required of the first TO-Prototype. Excavation requirements will be identified in future TO RFP.

41. Are there any Building Codes or Construction Standards requirements (i.e. UBC, etc)?

Answer: Refer to Section C of the RFP and Article C.6 of the Statement of Work. The Contractor shall furnish all labor, material, equipment, supervision, etc. necessary to complete the requirements of this contract in accordance with this solicitation/contract, and all applicable Federal, State, and Local laws, regulations, specifications, codes, certifications, etc., to whichever is most stringent.

42. Given the myriad of geo-technical/right-of-way/funding/etc. issues yet to be resolved, is the Government contemplating a CMAR or ECI business strategy for the actual wall construction in order to expedite project completion?

Answer: No, we are not issuing a requirement under CMAR and/or ECI Business strategy.

43. The Section incorporates the provisions of FAR 52.232-18. However, Section 3032.702(d) of the Homeland Security Acquisition Manual specifically requires that, "the minimum guaranteed quantity specified under indefinite delivery/indefinite quantity contracts must be fully funded (obligated) at the time of contract award." Please, clarify.

Answer: The posted RFP is subject to the “Availability of Funds” clause (FAR 52.232-18).

Award will be made only upon funds being available to meet the minimum IDIQ requirement. See Block 10 of the SF 1442.

44. Does the Government intend to apply FAR 52.236-9 to the prototype and mock-up efforts?

Answer: Yes, FAR clause 52.236-9 “Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvement” is applicable to the IDIQ and flows down to the Task Order level.

45. Do the prototype design drawings count against the 10-page limit? To present drawings of the various options could take 3 or 4 pages which would leave too few pages to discuss all the topics listed in Section L.

Answer: Yes. The “Prototype Design” has a ten (10) page limit in accordance with Volume III, “Phase II Submission Instructions, of “Phase II – RFP”.

46. If a prior project has a CPAR, may the CPAR be submitted in lieu of the Project Performance Survey?

Answer: No, the Offeror shall complete and provide the Project Performance Survey in accordance with “Demonstrated Experience” requirements under “Phase I Concept Papers/Qualifications Statement”.

47. Bullets 3, 4, 8 & 10 specifically require experience on the southwest border. This will give companies with experience west of the Mississippi River an extremely unfair completive advantage. The number of different environments along the border would seem to make such a restriction unneccesary. Request that the bullets be amended to delete the references to the southwest border.

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.

48. Are there any non-Government personnel involved with the Source Selection process?

Answer: All personnel involved with the Source Selection evaluation will be Government personnel.

49. If the desired height is 30', what would make an 18' wall acceptable? What are the specific design/source selection criteria?

Answer: See sections “PHASE I – Concept Papers/Qualifications Statements”, “PHASE II – Request for Proposals” and the SOW for design criteria.

50. Can the Border Patrol design standards for gates be made available to bidders?

Answer: The Border Patrol Approved Design Standards will be provided to the down selected vendors during Phase II of the process. The design standards of the gates will be made available during PHASE II of the bidding process.

51. The Section requires any potential below grade utility crossings, etc., to be resolved prior to start of construction. Since contractors will have only a short time after award to begin work, will the Government provide bidders with the location of all known below obstacles in the potential prototype construction sites?

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. The Government will provide a site visit for the Offerors during PHASE II of the bidding process and the Government will address such issues before the start of construction.

52. Given the extremely short time provided for proposal preparation, do the provisions of Section C.3.2 apply to the prototype and mock-up designs?

Answer: Yes, section “C.3.2 Design and Construction Requirements” are applicable to both the prototype and mock-up designs.

53. The requirement that the prototype be built in San Diego, CA gives an unfair competitive price advantage to west coast contractors. Request that other locations be allowed to give all offerors an equal competitive opportunity.

Answer: The first Task Order for a Prototype Wall requires that the prototypes be built in San Diego, CA. The IDIQ/TO covers additional potential requirements along the Southern borders of Texas, New Mexico, Arizona and/or California.

54. Do the types of physical breach attempts include drilling a small hole (<2") and inserting C-4 or similar military grade explosive?

Answer: Offerors are encouraged to come up with designs that will mitigate physical breach by any means. That said, see Threshold requirements of C.3.1.

55. Are there any specific threshold requirements regarding the locations where the border crosses a body of water or an arroyo?

Answer: No, there are no “threshold” requirements for over water crossings, but see “Definitions “I” of “Article C.5 – Definitions” for water crossings. Further information will be provided as appropriate in future TO RFPs.

56. Could the wall(s) be subjected to seismic disturbances?

Answer: Yes. The design shall incorporate seismic conditions of the specified locations for installment of a wall. See item (d) of Section C: (d) The Contractor shall furnish… and all applicable Federal, State, and Local laws, regulations, specifications, codes, certifications, etc., to whichever is most stringent.

57. Is there any type of anti-vehicle requirement?

Answer: The RFP contains no specific anti-vehicle requirements, but see breach requirements under “Threshold Requirements” of “C.3.1 Border Wall Design Considerations”. Moreover, the Government reiterates that offerors are encouraged to come up with designs that will mitigate physical breach by any means.

58. The 14 items listed seem to indicate the use of an EVMS. Is this correct and does the Government expect bidders to discuss their EVMS experience?

Answer: There are no EVMS requirements within this IDIQ/TO.

59. The requirement that the Lead Designer be registered/licensed in California is another example of an unfair competitive advantage for firms located or operating in very specific locations. Fairness demands that such requirements be eliminated or, at least, made competitively neutral.

Answer: The initial task order (prototype) is required to be performed in California.

Accordingly, the contractor needs to be able to satisfy the requirements necessary to design and construct in California. See item (d) of Section C: “The Contractor shall furnish all labor, material, equipment, supervision, etc. necessary to complete the requirements of this contract in accordance with this solicitation/contract, and all applicable Federal, State, and Local laws, regulations, specifications, codes, certifications, etc., to whichever is most stringent.”

60. Is the requirement for temporary chain link fencing for the entire length of the ID/IQ contract or just for the individual Task Order(s)?

Answer: Chain link fencing is a requirement at the Task Order level only. Each future TO RFP will identify the location of the work for the contractor as well as any chain link fencing requirements. See “Article C.11 Security”.

61. If the proposed designs chosen to be constructed become the property of the Government, how will the original designer(s)/builder(s) be compensated for the use of their design if they are not selected to build those portions of the wall using their design?

Answer: CBP is requesting non-proprietary solutions for this requirement. Submitted designs and prototypes may inform CBP’s design standards for the greater wall project, but CBP is merely seeking prototypes at this juncture, not a design standard for the entire southern border wall project.

62. The item says to abide with local and/or state regulations even when they conflict with Federal rules. Please, explain why the primacy doctrine is being violated.

Answer: The Government can require contractors to comply with standards that are stricter than what federal law minimally requires. The RFP does not require that offerors violate federal law, however.

63. Does the anti-tunneling requirement apply to areas where the wall is to be constructed on top of solid rock?

Answer: The initial task order is for the design and construction of wall prototypes. Anti-tunneling components are a “Threshold Requirement” for the prototype designs. See SOW C.3.1.

64. Will the wall be setback from the border the same distance along its entire length or will the setback vary?

Answer: The set-back may vary, per each TO RFP. The precise location for Prototype construction in San Diego will be identified in Phase II.

65. If the setback will vary, what are the criteria for determining the setback?

Answer: The criteria for set-back shall be identified by the Government per each TO RFP, as applicable.

66. Given that the San Diego area is significantly different from the remainder of the border, i.e., urban versus wilderness, what was the rationale for selecting San Diego as the location for the construction of the prototype?

Answer: The IDIQ allows for work all along the United States’ southwestern border, and the Government determined that San Diego would be the first site selected for the first Task Order (prototypes).

67. What is the basis for the requirement that the wall not be scalable from the American side?

Answer: Non-scalability is required for both sides of the border wall to keep persons from climbing up and/or down.

68. Has the Government determined potential rates of flow/volumes/etc for the surface drainage?

Answer: Per the “Threshold Requirements” at C.3.1 Border Wall Design Considerations, all designs shall incorporate drainage structures, but drainage volumes will not be considered at this stage of the process.

69. Does the Government have a list of fitting & fixtures that it desires to be able to attach to the wall?

Answer: There are no requirements for fittings & fixtures per the “Threshold Requirements”, C.3.1 Border Wall Design Considerations.

70. There are at least 7 distinct types of environments along the 1,500 mile border: along the Rio Grande; urban; suburban/rural; hill country; mountainess; desert, water crossings. The 10 page limit will not allow a complete discussion of the approach/risks/etc associated with all seven environments. Request that the page limit be increased and the due date be extended to allow time to prepare a complete response.

Answer: The page limitations remains the same. The Due Date has been extended under Amendment A002. .

71. Given the depressed level of construction activity throughout the country for the past several years, request that the time window on past performance be increased from 5 to 7 years.

Answer: The requirements Section L, Phase I Demonstrated Experience remain unchanged.

72. Will Mock-up wall be tested in a vertical position?

Answer: The Mock-up wall shall be constructed in accordance with “C.3.4.2 Mock-Up Construction” and then the Government will conduct vertical testing.

73. Does the Government intend to invite up to 20 Offerors each for both R0022 and R0023, or 20 total?

Answer: Each solicitation seeks to invite up to 20 Offerors to propose on Phase II of the RFP

74. The 60% design is to be delivered as part of the Phase II proposal, a large number of contractors will incur significant unreimbursed costs to produce those designs. Can the cost of the design be considered either a pre-award cost for the Phase II TO, or can the delivery of the 60% designs be made a part of the Phase II TO?

Answer: The 60% Design of “Volume III”, “Phase II-Request for Proposals” is required for the evaluation. The Government neither intends to add a line item the solicitation/contract for the contractor’s cost to develop its 60% design, nor allow offerors to seek pre-award costs for their 60% designs. The design cost is considered a cost of doing business.

75. The second bullet asks to Offerors to discuss project risks. Has the Government developed its own risk list and, if so, will it provide to the prospective Offerors?

Answer: Yes, but the the “risk list” will not be provided. The Government is continuously assessing potential project risks. For purposes of the Solicitations, however, the Government is interested in offerors discussing what they perceive to be the potential project risks generally, as well as any risks that may be unique to the offeror’s proposed prototype.

Consequently, the Government does not intend to share any “risk list” with prospective offerors. The description of risks and risk mitigation strategies for concepts that encompass the entire border could be very voluminous. Would the Government exclude the risk discussions from the 10 page limit?

Answer: No.

76. Given the time required to develop a complete risk management plan, request that such a plan be made a part of the Phase II submittal.

Answer: A risk management plan is not required in Phase I. If this question references the project risk mitigation strategies referenced in the exemplar questions, these questions are not requirements but are focus areas.

77. The 2nd thru 7th bullets and the first half of the10th bullet ask for information nearly identical to that required for Factor 1. Does the Government want the information duplicated?

Please, clarify.

Answer: The requirements in Factor 1 as written, are required. If the “2nd thru 7th bullets” area those under the exemplar questions, these exemplar questions are not requirements, but are focus areas.

78. Has the right-of-way/access been obtained for the demonstration site(s)?

Answer: The Government will be responsible for obtaining any “rights-of-way” before issuing a NTP.

79. Has the Government had any communications with prospective contractors regarding this procurement prior to the release of the Solicitation?

Answer: The Government has conducted market research in accordance with FAR Part 10- Market Research.

80. Will the Davis-Bacon rates be used for all TO's or will each TO have a separate determination based on locale?

Answer: Per FAR clause 52.222-6 - Construction Wage Rate Requirements, wage rates shall be identified within each TO RFP based on the location of the work.

81. If the max value of the ID/ID contract is $300 million, shouldn't bidders have to demonstrate, at least, a $300 million bonding capacity?

Answer: No, bonding is based upon the Task Order dollar value not the overall value of the IDIQ contract.

82. In Section L, "Written Proposal Submission Format," on page 38, paragraph 8, we are instructed: "The Offeror shall also ask the identified POC to complete a Project Performance Survey (see Attachment #8), which the Offeror shall submit with its concept paper." To best describe our ability to manage large projects, will the government please allow us to submit more than one Attachment 8, Project Performance Survey with our concept paper?

Answer: No, the Offeror is to meet the requirements as stated under “Demonstrated Experience” – “Phase I Concept Papers/Qualifications Statement”.

83. In Section L, "Written Proposal Submission Format," on page 38, paragraph 8, we are instructed: "The Offeror shall also ask the identified POC to complete a Project Performance Survey (see Attachment #8), which the Offeror shall submit with its concept paper." To provide the government the most complete evaluation data of our performance, will the government accept the most recent Contractor Performance Assessment Report completed by the government contract office in lieu of a Project Performance Survey?

Answer: No, the Offeror must meet the requirements as stated under “Demonstrated Experience” – “Phase I Concept Papers/Qualifications Statement”.

84. In the interest of securing the US border, and especially the southern border, the Government is interested in a broad range of solutions other than a solid concrete-faced wall - "alternatives to reinforced solid concrete walls." The resultant contract as a Task-Order-based, multi-award BPA, should include engineering solutions that provide electronic, dynamic, and virtual solutions that can be applied everywhere on our borders- even where traditional construction of a physical structure would be very difficult or even impossible for environmental or geotechnical reasons. Please substitute the 334220 - Design/Manufacturing Electronic Communications and 541330 - Engineering Services NAICS codes. These NAICS Codes will permit electronic, dynamic, flexible (mobile and fixed), and virtual concept approaches that will greatly enhance security, border protection, and both augment construction and substitute for it where no construction can take place.

Answer: The NAICS code of 236220 - Commercial and Institutional Building Construction covers the requirements as stated in the IDIQ/TO RFP.

85. On page 39 and the section c and Attachment 1, statement of work, the government identifies a number of exemplar questions to be considered during its proposal review. Several of these are specific to large design-build construction projects. Given that this is not a construction effort, can the following requirements be eliminated from consideration?• Describe your experience executing high profile, high visibility and politically contentious design-build Projects • Describe your experience constructing tactical infrastructure (e.g. fencing, roads, drainage, lights, etc.) on the southwest border • Describe your design-build experience constructing projects in challenging (e.g. steep slopes up to 45 degrees) and or inaccessible terrain on the southwest border. • Describe your dollar threshold experience with large design-build contracts efforts – what was the minimum/maximum?

Answer: The IDIQ and subsequent TO’s are for Construction requirements as identified under FAR Part 36 and with the NAICS code of 236220 - Commercial and Institutional

Building Construction. In reference to the exemplar questions, these exemplar questions are not requirements, but are focus areas.

86. RFP Section L, 2 ) Management and Technical Competence on page 39 and Section M.6, Evaluation Approach, Factor 1-2 on page 53 both reference the need to identify and commit Key Personnel with appropriate experience and qualifications. The Key Personnel identified in section C.10 on page 12 identifies three (3) Key Personnel as Construction Superintendent, Project Manager, and Lead Designer that include design and construction qualifications.

Given that this is not a design and construction effort, can these requirements be deleted and changed to Program Director instead of Construction Superintendent; Project Manager; and Cheif Engineer, instead of Lead Designer? Given that this will not be a traditional construction, but more of an engineering effort, please remove all construction -specific qualifications from key personnel requirements?

Answer: No, the Key Personnel requirements remain unchanged. The IDIQ and subsequent TOs are for Construction requirements as identified under FAR Part 36 and with the NAICS code of 236220 - Commercial and Institutional Building Construction.

87. In the Government's best interests of receiving a broad range of innovative conceptual approaches for a prototype proof of concept that will secure the border in wall-like fashion without the necessity of a traditional construction effort, will the Government waive bondability and remove all bond requirements?

Answer: No. The requirements as set forth under FAR clause 52.228-1 - Bid Guarantee, 52.228-15 - Performance and Payment Bonds, and other stated bonding requirements of the IDIQ/TO remain unchanged.

88. Would the Government please eliminate the Liquidated Damages penalties referenced for those solutions and conceptual approaches that do not require a traditional construction effort either for implementation of prototype, or for full-scale deployment?

Answer: No. the requirements of 52.211-12 - Liquidated Damages – Construction under Section F remain unchanged.

89. In the interests of receiving the broadest range of innovative conceptual approaches at least through demonstration and prototype, please change the language to state: "Multiple , alternate proposals will not be accepted. Just one proposal and no alternate or alternative proposals may be submitted.

Answer: Alternate proposals will not be accepted in response to this solicitation. See Section L of the RFP.

90. Request the government defines what are alternate proposals?

Answer: Alternate Proposals: More than one proposed solution/concept from a single offeror under the same solicitation.

91. For Phase I submission, does unequivocal letter of commitment need to include the services being provided by the Subcontractor?

Answer: Per Section L “Joint Ventures and Subcontractors – Proposal Requirements”, the contractor does not have to define the services that the subcontractor will provide. LOCs are not required until Phase II.

92. The Concept Paper is limited to 10 pages, exclusive of PPC and Summary matrix. The RFP allows up to three different Concept proposals per Proposer (6 for JVs). Clearly depicting the details of Proposed concepts will be extremely challenging in the allotted numbers of pages.

Is there an opportunity to have a separate concept package - maybe with visuals only for each proposed concept?

Answer: The RFP does not allow for up to three different concept proposals per proposer, nor will it allow for six different concept proposals for JVs. This would constitute as alternate proposals, which per the RFP, will not be accepted in response to this solicitation. The Government will accept only one single design per offeror per solicitation.

93. SOW provides whole dimensions and durations to breach for smaller tools, but is silent on other design criteria such as vehicular impact (mass and speed), Progressive collapse requirements, resistance to blast wave pressures, etc. These technical requirements will have an impact on the design concepts as well as construction methods and costs. Please advise if additional technical criteria will be provided in Phase I.

Answer: No additional technical criteria will be provided. See “Threshold Requirements” and “Objective Requirements” of sections “C.3.1 Border Wall Design Considerations” & “C.3.2 Design and Construction Requirements”.

94. Certain concepts lend themselves favorably to Objective Requirements as well as Threshold requirements. However, achieving Objective requirements may result in additional cost per length of wall. Are there thoughts about the representative value of the Objective requirements above and beyond threshold requirements?

Answer: No, the requirements as stated in the IDIQ/TO remain unchanged.

95. The first Objective Requirement is to create viewing opportunities through the wall. Is this intended to be a continuous viewing window: a certain size window at a typical spacing, or some other prescriptive requirement?

Answer: The Government is inviting Offerors to present their ideas on designing/building a border wall prototype in accordance with the requirements as put forth in the IDIQ/TO.

96. As it relates to the approach to the wall as it relates to the water body dividing the two countries. Is the intent to build the wall in our side in high land (possibly limited access to the water body from the north side) or is the intent to provide a wall within the river, and if so, does it also need to extend a minimum of 18 Ft.?

Answer: The border wall locations shall be identified within the TO RFP. . The Government invites Offeror to present their ideas on designing/building a border wall prototype in accordance with the requirements as put forth in the IDIQ/TO.

97. Are covers to the soft copy also considered part of the organizational purposes only pages, and therefore, not included in the page limitation?

Answer: Yes, a “cover” page shall count toward the Phase I concept paper/qualifications statement which is not to exceed (10) pages in total. The completed Project Performance Survey and Summary Matrix are excluded from the 10 pages. See “Page Limitations” under Phase II – Request for Proposals”.

98. We respectfully request for the ten (10) page limit to be increased to 15 or 20 pages. This will allow a more complete response to the three sections.

Answer: the Page limitations as stated in the RFP remain unchanged.

99. In order to demonstrate our ability to bond at a minimum value of $200,000, we would like to include a letter from our bonding company. Can this letter not be included in the ten (10) page limit?

Answer: No. As required under “Phase I Concept Papers/ Qualifications Statements” “the Offeror shall also discuss its ability to be able to bond at a minimum value of $200,000”.

100. Section L - Instructions, Conditions and Notices to Offerors and Respondents; page 38 under Phase I Concept Papers/Qualifications Statements, (1) Demonstrated Experience If the Offeror and its primary subcontractors discuss their experience in this section, should the Offeror and each primary subcontractor pick one project each and get a completed Project Performance Summary Attachment #8?

Answer: No, contractor shall submit only one Project Performance Summary, per “Phase I Concept Papers/Qualifications Statements”.

101. Section L - Instructions, Conditions and Notices to Offerors and Respondents; page 38 under Phase I Concept Papers/Qualifications Statements, (1) Demonstrated Experience This section states to provide POC information and a completed Project Performance Survey on Attachment #8 for the one project discussed in this section that is believed to best represent our performance as it relates to the scope of this project. Please confirm that the POC and Project Performance Survey form should only be submitted for one project.

Answer: Yes, contractor shall submit only one Project Performance Survey.