Questions_and_Answers_for_HSFE70-14-R-0041_1-22-2015.docx

Submitted Questions and Government Responses to FEMA Solicitation HSFE70-14-R-0041 DC Caribbean Generator Maintenance

Q1: For the annual service or Quarterly Start Up do you require synthetic oil or regular oil?

A1: Regular Q2: What type of test do you require for the Annual test for the antifreeze, do you want a hydrometer, test strip test or a refractometer test? Do you require a more stringent test?

A2: Per the PWS section 4.1.1.9: Generator Cooling System, “All coolant shall be tested during the Annual Load Test, and coolant filters will be replaced every three (3) years (the COR maintains a list of when coolant filters were last replaced). The radiator coolant level shall be filled to MFR’s specifications with the proper coolant/antifreeze and water mix. Engine coolant shall be “dip” tested, by means of an approved “industry standard” Litmus Strip tester, to determine if the current level of protection falls within FEMA’s requirement of -30 degrees Fahrenheit. All coolant failures require COR (or designated representative (DC Site Lead)) notification immediately upon discovery. In instances where coolant does not meet FEMA’s requirement but is within rechargeable parameters, the contractor shall add the appropriate amount and type of coolant additive to achieve acceptable results.”

Q3: Can you allow recycled antifreeze that comes originally from the equipment once it is filtered and returned to its basic properties?

A3: This practice is acceptable as long as all state, local, and federal EPA standards are followed and that the contractor assures the quality of the product, insofar that the rating of the recycled anti-freeze meets manufacturer standards prior to being re-inserted into the machines.

Q4: Are the fuel tanks empty or full after the annual and Quarterly start ups? Page 3 of your RFQ says the tanks stored must be empty. Page 6 says they must be full? Please clarify. We recommend that the tanks remain full for diesel engines.

A4: In part 3 of the PWS, definition of Full Mission Capable (Requirement #3): “Fuel tanks must remain completely empty while in storage, during transport, and at all other times. Fuel tanks are only authorized to contain fuel when the unit is on-the-ground and actively engaged in deployment operations.”

Q5: For the annual test, the oil must be analyzed do you have a standard because the OEM (e.g. Cummings and Caterpillar) have different test requirements for the equipment.

A5: The oil is replaced on an annual basis, not analyzed. Per the PWS section 4.1.2.1: “Generator Lubricant System: As part of the Annual Maintenance Service (always performed prior to load bank testing), all generators shall have the lube oil and oil filter(s) changed, and all fuel filters & water separator filters will be replaced.”

Q6: Is there a site visit planned in order to inspect the Generator Fleet current condition?

A6: A site visit will be provided to inspect the location where the contractor will perform the services. The site visit will take place on 2/4/15 at DC Caribbean, Road 1 Km 25.1, Caguas, PR. Contact information shall be provided to offerors once they have submitted the names of attendees. The site visit will not include an inspection of the generator fleet, instead the details regarding the generators are provided in Attachment 1 of the solicitation. For any offeror who does not attend the site visit, the solicitation attachments include photographs and a description of the site where the work will be performed.

Q7: Is the Standard Product Code, mentioned in section E.2.1(4), the same as a Standard Industrial Classification (SIC) code?

A7: Yes.

Q8: When proposing a major subcontractor as part of a team approach, will the Past Performance (page E-3) of the subcontractor be recognized as part of the overall Past Performance, under the condition that the past performance of both prime and sub would be shown?

A8: Yes; all relevant past performance that is submitted within the guidelines will be recognized.

Q9: One of the documents that is being requested is from the financial institution. I believe this indicates from our bank. Can you please expound on exactly what type of documents or statements you are looking for?

A9: A document or statement that may be used to determine the offer’s financial responsibility and ability to perform under the contract.

Q10: Why is this solicitation not a SDVOSB set-aside as the prior solicitation and contract was a SDVOSB set-aside that received 16 offers?

A10: Previous requirements pertained to different scopes. This requirement is solely for DC Caribbean. The set-aside determined to be in the best interest of the Government is Total-Small-Business.

Q11: Who is the incumbent SDVOSB contractor?

A11: The incumbent contractor is Dogwood Creek Construction, LLC.

Q12: When is the site visit? We request a “meaningful” site visit with full access for such things as: inspection of all generators, all generator maintenance records, all Government Furnished Property, available performance areas, and contractor allow storage. This is a mandatory requirement under FAR 37.110(a) and must be reasonably accommodating.

A12: A site visit will be provided to inspect the location where the contractor will perform the services. The site visit will take place on 2/4/15 at DC Caribbean, Road 1 Km 25.1, Caguas, PR. Contact information shall be provided to offerors once they have submitted the names of attendees. The site visit will not include an inspection of the generator fleet, instead the details regarding the generators are provided in Attachment 1 of the solicitation. For any offeror who does not attend the site visit, the solicitation attachments include photographs and a description of the site where the work will be performed. Government furnished property shall not be included in the site visit because the Section 5.3 reads “[t]he Contractor shall provide all tools and materials necessary to provide Annual and Periodic Maintenance for test purposes” and that with regard to any government furnished equipment provided “the contractor shall not rely on these for purpose of performance.” Storage is not provided; the contractor will be fully responsible for maintaining its own equipment and supplies.

Q13: The Government Furnish Property (GFP) per PWS 5.2 is miss-identified as “As-Is” equipment. All of the FEMA sited GFP is all prior, current, and on-going required government support equipment. FEMA retains this GFP year after year for any internal needs by their technicians along with use by any contractors. All GFP must be in serviceable condition by FEMA and retained in serviceable condition by FEMA. Any contractor using such GFP must be assured of both the equipment serviceability along with FEMA long-term care to provide so any contractor can made a firm offer that include a firm “discount” for using contract assigned GFP. Otherwise all the GFP must be removed from the solicitation and disposed of my FEMA as the GFP must then have no value or use the FEMA. No contract could therefore use the equipment postaward either as that would be an unfair advantage.

A13: Section 5.3 reads “[t]he Contractor shall provide all tools and materials necessary to provide Annual and Periodic Maintenance for test purposes” and that with regard to any government furnished equipment provided “the contractor shall not rely on these for purpose of performance.” This applies uniformly to all prospective contractors.

Q14: Is FEMA provide all diesel fuels to perform the Quarterly/Annual inspections/Testing and any FEMA approved repairs? How is the contract contractors being reimbursed or provided diesel fuels?

A14: Per PWS section 1.2 “The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform on-site generator maintenance” which includes fuels. As such, cost for any of these items, including fuels, should be included in the contractor’s pricing proposal.

Q15: The solicited requirement does not meet the “performance based service” as all of the work is specific “outcome based” and must be changed. All services are based upon a fixed service on a “per generator” basis.

A15: Response: The agency has determined to use the approach reflected in the PWS which is consistent with established practice.

Q16: It appears FEMA is alluding to the conclusion or standard that the contractor is being held responsible for the Fully Mission Capable (FMC) status and overall fleet FMC rate? If so, explain why and how that can exist since FEMA retains all authority on all Non-Mission Capable (NMC) discovered generators (PWS 4.2).

A16: Refer to PWS Part 9: Performance Requirements for the performance thresholds required under this contract.

Q17: As the fundamental and only firm requirements are to perform Quarterly/Annual inspection/testing and to provide predetermine “periodic maintenance”, the only firm service performance is to a) conduct the inspection/testing which is independent of any FMC or NMC designation and b) to change fluids and filters annually which is also independent of any FMC or NMC designation, the only “measureable” service outcome is if the inspection/testing was performed and the fluids/filters changed. These firm services do not establish or affirm FMC status; therefore, no contractor can be held to any FMC status report determination or the affected generator fleet FMC status rate.

A17: Refer to PWS Part 9: Performance Requirements for the performance thresholds to which the contractor will be held.

Q18: The PWS actually is written for a non-commercial, Cost-Plus solicitation. The emphasis is all about unforeseeable NMC conditions and selective pre-approved “cost-reimbursable” repairs. Such solicitations are not allowed by FAR Part 12 and this appears to be FEMA’s attempt to morph this basic commercial service into version of USACE’s generator deployment Cost-Plus contract. Cost reimbursables are not allowed in commercial contracts and this requirement must be removed.

A18: This requirement is for commercial service. All rates for service are proposed by the Contractor.

Q19: PWS 4.2 is explicitly a non-commercial tasking that also violates FAR Part 12 by not allow any “mark-ups or fees associated with (repair) CLIN. This is a violation as commercial pricing includes not only overheads put profits and risk considerations. FEMA is effectively attempting to get unforeseeable parts and repairs accomplished below contractor’s cost without allowing any profits and to hold the contractor completely at risk. This requirement must be removed.

A19: This requirement is for commercial services. All rates for service are proposed by the Contractor.

Q20: This entire PWS is overly restrictive and violates both FAR Part 12 and even FAR Part 37.602. FEMA is not defining end results, but is intentionally fencing the requirement to favor a specific method used by the current favored contractor. All restrictions on “how” requirement are performed must be removed for the PWS to include, but not limited to, durations of services, timing of any services, timing of any FEMA approved repairs, and what personnel are used.

A20: The agency has determined to use the approach reflected in the PWS which is consistent with established practice and is necessary to meet the agency’s needs and mission requirements.

Q21: This is no “certifications” required to do any of this commercial requirements. All references, determinations, and any evaluations based on such must be removed.

A21: Refer to PWS Section 5.10 Personnel and PWS PART 8: CONTRACT DATA REQUIREMENT LIST (CDRL) for the contractor’s certification requirements.

Q22: This is no Lock-out/Tag-out requirements and this must be removed.

A22: Refer to PWS Section 5.10 for requirements regarding lockout/tag out. This requirement is consistent with established industry safety practice.

Q23: There are no requirements for “Key Personnel” in this commercial outcome based services. Who a contractor uses and their structure is of no concern FEMA and cannot be directed or used as any restrictive or evaluation factor. This must be removed.

A23: Refer to PWS Section 2.5 for Key Personnel Requirements.

Q24: Overly restrictive “certifications” and LO/TO this is not applicable.

A24: The requirements in PWS Section 5.10 are consistent with established industry safety practice.

Q25: This is not a “best value” acquisition as there is no trade-offs. This requirement must therefore be redefined as a lowest priced technically acceptable acquisition. How the contractor executes the task, how they are structure, who they employ and such are not determinations allow by FEMA. Only past performance appears as a trade-off factor.

A25: This requirement for commercial services is being solicited as best value trade off.

Q26: All evaluation factor and requirements to such items as, resumes, technical license, and financial documents, or such, must be removed.

A26: The proposal requirements are standard and reasonably necessary for evaluation.

Q27: The entire PWS Part 9 is fundamentally flawed and an unobtainable by the contractor as the FMC status “rate” is the sole responsibility of FEMA. The $500 penalties for each unit failing under 90% FMC is arbitrary and punitive and must be removed in its entirety. No evaluation or assessment can be made by FEMA against the FMC rate.

A27: The agency has determined to use the approach reflected in the PWS which is consistent with established practice and is necessary to meet the agency’s needs and mission requirements.

Q28: The $1,000 costumer penalty is arbitrary and punitive and must be removed in its entirety and contradict FAR Part 12. No evaluation or assessment can be made by FEMA against the FMC rate.

A28: The agency has determined to use the approach reflected in the PWS which is consistent with established practice and is necessary to meet the agency’s needs and mission requirements.

Q29: What materials and equipment do we have access to? Forklift, load banks, fuel caddies, waste oil drums?

A29: Only load banks and fuel caddies are specified as being possibly available in the Performance Work Statement. Waste oil drums are to be provided by the contractor. However, the contractor shall be solely responsible for providing all equipment necessary to perform the required work. Offers shall not rely on the availability of Government-provided equipment in their offers. Per the PWS: “Although these items may be made available to the contractor in an “as is” condition, it is ultimately the contractor’s responsibility to ensure it has all the necessary tools, materials, and equipment to perform all services herein.”

Q30: What are the working hours? Days?

A30: Hours of operation onsite are 7AM-3:30PM local time, Monday through Friday.

Q31: Can we have items shipped to and from the site? If so, who is the point of contact?

A31: Yes. The Point of Contact shall be provided upon award.

Q32: Will FEMA provide all diesel fuels to perform the Quarterly/Annual inspections/testing and any FEMA-approved repairs? How will the contractor be reimbursed or provided diesel fuels?

A32: FEMA shall provide auxiliary fuel tanks. The contractor is expected to provide all lubricants and diesel fuel.

Q33: Attachment 1 Pricing spreadsheet does not appear to be calculating the totals properly. Can you please post a new spreadsheet that calculates the totals correctly?

A33: Yes. A corrected one has been added.

Q34: Are there any other pictures that you can provide?

A34: A PowerPoint attachment of all pictures available has been added.