05.21.13_-_Questions_and_Answers__4_(ATN _HTC711-13-R-R007).pdf

QUESTIONS & ANSWERS #4

21 May 13

Solicitation No. HTC711-13-R-R007 Afghanistan Transportation Network (ATN)

U.S. Transportation Command (USTRANSCOM) Requirement

CLARIFICATION TO QUESTIONS & ANSWERS #3 POSTED ON 10 MAY 2013. In Q&A #3, the ”NOTE” on the first page indicated that many of the responses reference Amendment 0003. It stated that Amendment 0003 had not been finalized. It also stated that the USG expected to finalize Amendment 0003 by 13 MAY. Since this time, Amendment 0003 was executed on 16 May, but did not include any of the changes referenced in Q&A #3.

Amendment 0004 executed on 20 May includes the changes referenced in Q&A #3 which made reference to Amendment 0003.

Q.1. Is it acceptable for an offeror to bid stand alone without any sub-contractor for the north region for now and at time of award introduce the sub-contractors?

A.1. No. The offeror must propose subcontractors for the North region to demonstrate compliance with PWS paragraphs 1.4.1., 1.5.1. and its corresponding subparagraphs.

Q.2. Per PWS 1.1/1.3, please clarify the USG’s position on the use of security for ATN- South. Many affected entities suggest that security is required for many routes in RC-South and is unavoidable.

If security will not be permitted, will the USG or GIRoA provide security?

What will the USG do when EOCs actually use security on the dangerous routes as they currently do?

A.2. Per PWS 1.5.2., the use of security services in performing ATN services is prohibited. The current ATN contracts levy this same restriction. The USG is not aware of any instances where the current ATN contractors in performance of an ATN requirement has violated these terms and used security escort services. Many other trucks and trucking programs operate into, out of, and within these regions. It is possible and probable that these other trucking programs have used security services in performance of their services. If a contractor is discovered to be operating not in accordance with the contract terms and conditions, the USG will pursue applicable contract remedies. If the contractor determines that a particular mission is too dangerous without the use of security, in accordance with 5.3.4.5., the contractor has the ability to decline or cancel a mission within 24 hours of assignment/initial acceptance.

Q.3. Per PWS 1.4.1/1.4.2/1.4.3 and Appendix 1A (1B and 1C also cited in 1.4.2 and 1.4.3) identifies the current USG approved subcontractors for this region. We could not find a listing of approved EOCs nor could we find appendix 1A, 1B, and 1C? Will there be a listing of approved EOCs for us?

A.3. Per PWS paragraph 1.4.2 and 1.4.3., after contract award, the USG shall provide the list of current approved EOCs to the awardee. For the North Region, there is no maintained “list”. Any subcontractors performing in the North shall meet the requirements of PWS paragraph 1.4.1. and 1.5.1. See also response to question #46 in Questions & Answers #3 posted 10 May 13.

Q.4. Please clarify the pricing structure, without knowing the pricing of the subcontractor, it is difficult to provide a cost, or a fair price or reasonable price. For the EOC or subcontractor portion of this contract

A.4. See response to question #30 in Questions & Answers #3 posted 10 May 13. Additionally, market research indicates trucking transportation services are a commercially available service within Afghanistan. USTRANSCOM has multiple commercial contracts in Afghanistan requiring trucking

QUESTIONS & ANSWERS #4

21 May 13

Solicitation No. HTC711-13-R-R007 Afghanistan Transportation Network (ATN)

U.S. Transportation Command (USTRANSCOM) Requirement services. USTRANSCOM experience has indicated prices for trucking services within Afghanistan are well established and readily available. Offerors shall submit pricing that reflects competitive commercially available trucking services. If during execution of the contract, the contractor determines that a particular EOC is not agreeing to fair and reasonable competitive pricing, the contractor may submit a request for removal of the EOC from the program to the Contracting Officer with supporting rationale and substantiating documentation in accordance with PWS paragraph 5.2.1. Additionally, offerors shall also understand that per PWS paragraphs 5.2.1. and 5.2.2., the USG may remove or add new EOCs to the program at any time and therefore the offeror’s pricing should reflect market rates and not be strictly dependent on an EOC’s rates.

Q.5. Concerning the pricing for the proposal , It is very difficult to guess at pricing when the Government is directing the offeror to use a certain contractor , but will not provide the price it will cost the company to use the subcontractor the Government is directing them to use. What Happens if the sub-contractors price is $500 USD and we place a bid of $400 USD. Our company will lose $100 USD if the Government accepts our bid.

A.5. See the response to Question #4 above.

Q.6. Why are we only allowed to use 10% of our assets to prevent going into default?

A.6. The PWS paragraph 1.5.1.1. is a Government requirement to promote and achieve the objectives of the ATN program as stated in PWS paragraph 1.3. In accordance with 5.3.4.5., the contractor has the ability to decline or cancel a mission within 24 hours of assignment/initial acceptance. These declinations/cancellations are permitted under the terms of the contract and therefore do not constitute “default” by the contractor provided the contractor notifies the USG within 24 hours of assignment/initial acceptance.

Q.7. Will the USG extend the proposal due date?

A.7. See Amendment 003, the proposal due date was extended until 06 June 13. The USG does not expect any further extensions.

Q.8. If my references have not provided the Past Performance Questionnaires by the due date of 17 May as identified in the solicitation, am I still eligible to submit a proposal and be considered for an award?

A.8. Yes, you may still submit a proposal. Any offeror that submits a proposal by the proposal due date will be considered and evaluated in accordance with the solicitation. The Government recognizes that offerors do not have complete control over the submission of Past Performance Questionnaires so based on the facts presented in the question above, a proposal would not be determined “non-responsive” solely on the basis of missing Past Performance Questionnaires.

Q.9. Will the USG respond to questions submitted after 9 May (i.e. fifteen days prior to the original due date of 24 May)?

A.9. The USG may or may not respond to questions submitted after 9 May.