Kuwait_SRTS_QA_FINAL_27Jun18.pdf

Question # Document

Reference

(para./line item)

Question Government Response Soliciation Change (if any)

PWS 2.8.4

Are port access fees reimbursed? Port access fees would be considered a cost of doing business under the contract and won't be reimbursed separately.

PWS 2.12

Contractor shall provide empty containers, MAFI and/or barriers for the purpose of constructing a security wall in certain areas of the Port. How is this charged? And will the contractor be reimbursed for this expense?

As stated in PWS 2.12, last sentence: Compensation shall be at the rates in Sch. 2 & 4, with exception of

Shuaiba where this service is included with the Yard

Management line item (see para. 6.5).

PWS 6.1.1

Is the contractor required to have access to Shuwaikh Port? Yes, the contractor is required to have access to

Shuwaikh port.

PWS 6.3.1.3

Is the office space to be provided in a specific location or can it be provided anywhere with Kuwait?

Any office space shall be coordinated with the COR as to its location. In general, office space is located adjacent to the pier area, on or as close to the port as possible.

PWS 6.5.2.14

The contractor shall monitor container activity within the port area and report containers that are subject to port storage and reefer maintenance tariff charges. Is this only at Shuaiba port?

This requirement covers the Ports of Shuaiba, Shuwaikh, and Kuwait Naval Base, Kuwait, however almost all storage and reefer maintenance occurs exclusively at

Shuaiba and should be included in Yard Management.

SOR Schedule 9

What is the minimum distance a truck need to travel to be considered a trip? What is the maximum distance a flatbed or lowbed may have to cover?

Inland transportation is generally only used for movements outside the port, so there isn't necessarily a minimum distance. There are also hourly rates on

Schedule 4 that cover shorter time/distance needs.

Maximum distance can generally be defined as one‐way to anywhere within Kuwait from one of the 3 ports

(Shuaiba being the highest volume). That said, it's not expected you would exceed 150KM one‐way in any given trip (Camp Buehring would likely be the furthest inland destination/origination).

Defined trip in PWS 6.1.10.10.

SOR Schedule 9

Will discharging and loading 20ft and 40ft containers fall under

40a?

No, containers fall under commodity code 45. 40a is for breakbulk, palletized cargo and containers under a

Twenty‐foot Equivalent Unit (TEU).

Addendum

52.212‐1

Pg 14, Para

5.A.6.a‐b

Does the Government require that both Prime and

Subcontractor be registered Stevedores with the KPA? In other words, could a Prime KTR who is not a registered Stevedore with the KPA be awarded this contract if they utilize a subcontractor who is a registered Stevedore with the KPA?

The prime and sub have to be authorized by KPA to operate at their ports, however the prime contractor does not necessarily need to be traditional stevedoring company. For example, if the prime were a logistics company and provided a subcontracting agreement with a registered stevedoring company (and provided proof of that agreement), then as long as KPA certifies (via required letter) that both the prime and sub can operate at their ports, the prime's offer would be considered for award. The primary purpose of contract documentation such as commercial registration and port authorization is for offerors to demonstrate to the Government how their proposed business structure is capable of meeting the requirement.

Addendum

52.212‐1

Pg 14, Para

5.A.6.b

Based on prior issues with KPA, KPA will only provide US military with KPA letter. If prospective KTR's aren't able to provide KPA letter, will requirement be removed?

While a change to accommodate offerors being unable to receive a letter from KPA is not foreclosed, KPA port authorization in whole will not be removed. Offerors must be able to show they are able to operate at KPA ports. Emphasizing what was discussed at the preproposal conference, the expectation is that a successful offeror should have a working relationship with the port authority and thus be able to meet this proposal requirement.

Addendum

52.212‐1

Pg 14, Para

5.A.6.a

Does the government accept the KPA stevedore qualification letter as proof of authorization from the Kuwait Port Authority to perform the required services under this the S&RTS contract or must the contractor also have current contracts with both

Shuaiba and Shuwaikh ports for stevedoring?

Offerors will need to provide current documentation of authority to perform at KPA ports. However, this is limited to authority to perform; actual performance of a current stevedoring contract at the KPA ports is not a requirement, although such current performance does support the determination that the offeror has authority to perform.

Addendum

52.212‐1

Pg 14, Para

5.A.6.b

If the KTR already has a current S&RTS contract with both

Shuaiba and Shuwaikh ports, will an outdated letter from the

KPA suffice in lieu of the certification statement the government is requiring from the KPA?

No, the certification statement is required to submitted and alternatives will not be considered compliant because Offerors will need to provide current documentation of authority to perform at the KPA ports.

RFP

Section 5, Pg

Given the large amount of data to be presented in the

Technical Proposal can the page limit be increased from 25?

An increase to the page limitation is not under consideration for this requirement. 25 pages has historically been sufficient for offerors to demonstrate their ability to meet the minimum requirements.

RFP 52.252‐1

This provision states that some of the Provisions listed have blocks that have to be completed by the Contractor for submission as part of this offer. Please clarify under which section the concerned Provisions are to be submitted.

Provisions requiring offeror input are referenced in

Addendum to 52.212‐1(b)(5)(A)(5) (pg. 14) of RFP.

PWS

Section

6.1.17, Pg 20

Opening and Closing of Vessels. Please confirm that Contractor will be instructed by COR as to the Reefer work mentioned, and that any Reefer specific Labour and Equipment required can be recharged as per Schedules 2 and 4 respectively?

Commodity rates are inclusive of opening and closing a vessel, including moving Refrigerated (reefer) plugs. This referenced work will not be compensated separately.

PWS

Section

6.1.21, Pg 21

Please confirm that a Contractor is required to provide Petrol, Diesel, Lubes, Coolant, etc that they can be recharges as out‐of‐ pocket expense?

Yes, bulk fuel (leaded, unleaded or diesel), lubricants, cooling fluids or brake fluids are a reimbursable cost and will be recharged via out of pocket expense.

Kuwait S&RTS ‐ HTC711‐18‐R‐R003 Questions & Answers

PWS

Section 6.2

GFE, Pg 23, Para 6.2.3.1

Contractor is to repair or replace any items of GFE towards mission capable status. Assuming the Contractor is not directly responsible for causing the damage or destruction to GFE, does

Contractor recharge the repairs / replacement of GFE under

Schedule 8 – Out of pocket expense?

Most of para. 6.2 is generalized GFE language to cover the provision of GFE during performance of the contract.

Typically, if provided GFE, the contractor is responsible for all costs associated with maintainence and repair of

GFE (ref. FAR 52.245‐1 for standard clause). However, the only GFE intended to provided under this contract are the 2 M‐88s, which will be maintained by the USG

(see para. 6.2.3.4). With exception of contractor fault, repair/replacement of the M‐88s will be the responsibility of the USG because the contractor would not be responsible for fixing these vehicles.

PWS

Section 6.2

GFE, Pg 24, Para 6.2.3.4

Contractor is to retain possession of 2 x M88 Wreckers. Please clarify if storage fees will apply for those units?

No storage fees will payable under the contract for the

M‐88s.

PWS

Section 6.2

GFE, Pg 24, Para 6.2.3.4

With regard to the M88s, can you clarify if Contractor is free to use them during Yard and S&RTS Operations as required? Or does Contractor have to have 2 x additional Wreckers on site at all times?

As stated in PWS 6.7.2, the contractor shall maintain one wrecker, and two additional wreckers for surge at the pier, during vessel operations. These are separate from the M‐88s provided with the contract and compensated via the Maintainence Support Team Services line item in

Sch. 10.

PWS

Section 6.3.2

CFE, Pg 24, Para 6.3.2a

Supplies / Services – Hand held Radios. Please clarify requirement as they are not allowed under Kuwait Port

Authority regulations.

Hand‐held radios are currently being utilized at the ports. The only requirement we are aware of is that radios must only broadcast on UHF.

PWS 6.3.2 revised.

PWS General

Although there is mention of Rinse / Wash Racks in the PWS there is no reference to conducting cargo rinse / cleaning operations in the PWS or recharge of the same in the Pricing

Schedule. Can you please clarify is cargo washing operations are the responsibility of the Contractor?

Washrack/Rinse is not part of the performance requirement. The primary place the PWS discusses wash/rinse is in relation to frustrated cargo and its acceptance or non‐acceptance (e.g. contractor will not accept cargo that requires wash). Contractor will not be required to perform any wash/rinse services.

N/A General

Is it acceptable for a contractor to provide an offer as a prime contractor and also be a subcontractor on another offeror’s proposal? This will enhance the Government’s ability to obtain the Lowest Price Technically Acceptable offer to meet contract requirements.

Yes, but only subject to Addendum 52.212‐2(e), Multiple

Offers. If an offeror submits an proposal that seemingly only swaps responsibilties of the same parties, one or both may be removed from competition. This is really going to be case by case, but for example, we would consider two offers such as (1) Offeror A subbing to B and (2) Offeror C subbing to A. We would not consider

(1) Offeror A subbing to B and (2) Offeror B subbing to

A. NOTE: As the intention is to award without discussions, offerors should provide their best terms which presumes your best terms are under a single offer.

N/A General

Is DBA Insurance required in this contract? If so will it be reimbursed by the government?

Yes, DBA Insurance is required by FAR 52.228‐3 on RFP.

The Government considers this a cost of doing business and will not be separately reimburseable.

Added language to PWS 5.15.1.

Addendum

52.212‐1

Pg 14, Para

5.A.6.b

Is it acceptable for the Sub‐contractor to obtain the proof of authorization officially from Kuwait Port Authority (written letter), instead of the main contractor.

No, prime and its proposed subcontractors must be certified as being authorized to operate at KPA ports.

The letter can be written to or for a subcontractor, but must identify the prime and each subcontractor operating at the KPA ports.

PWS

Section

2.8.2, Pg 4

Are personnel with Security Clearance required in this contract? If so what level?

Contractor personnel will require security clearance from the port to operate, but not a security clearance level like "secret". The PWS in sections 2.2/2.3 states the Contractor personnel shall read and comply with applicable DoD security regulations, policies, and procedures for access to installations and facilities. 2.8.3

Personnel directly hired by the Contractor shall, at a minimum, pass a background investigation with the ASG

Kuwait Installation’s PMO office. Personnel must also obtain a Kuwait Port Authority badge in order to work on the port. Also reference 2.8.4.

PWS

Section

5.12.2b, Pg

What are the monthly assets that will be used in this solicitation/contract and where will they be utilized?

The monthly assets are generally indicated on the

Schedule of Rates, for example Mobile Lights, Street

Sweeper, Latrines and some Tractor/Trailers. Can filter the Schedule's unit of measure column by "MM" for better picture of monthly assets.

SOR

1B1, 1B2, Schedule 3

These Schedule of Rates are Missing The questioned Schedules don't apply to this requirement and are filtered out of the template accordingly. As discussed at the preproposal conference, this is a template that will apply to all S&RTS requirements solicited by USTRANSCOM and by necessity includes a bevy of services that may not apply at any given requirement. Services required for this solicitation have a quantity estimate and the unit price input highlighted. All other services are filtered out as they do not apply.

27 RFP

Item 4, page

Offerors are instructed to submit proposals in three separate emails. In order to ensure receipt, will the Government please specify any file size restrictions? Does the Government intend to respond to offerors to confirm receipt of all three emails?

The size restrictions consist of 10MB per email. If you need to submit, for example, 2 emails for part II technical due to file size limitation that is acceptable.

Additionally, the Government will acknowledge receipt of entire proposal (likely in one response and not to each individual email).

28 PWS

PWS

paragraph

6.1.1

PWS 6.1.1 states that “Multiple vessels simultaneously at multiple ports.” Whilst Offerors have been provided with some indicative volumes, will a performance standard be set defining the maximum number of vessels to be simultaneously handled?

No, it is not really possible to set a standard for maximum vessels. There are three ports indicated and the contractor will need to be able to operate at each simultaneously. It would be fair to say that a contractor would typically only work one vessel at a time, however surge capability is important and unpredictable.

RFP

Item (6)a, page 14 of

Government requires proof of current Host Nation commercial registration for shipping, freight forwarding, import/export of cargo, cargo handling or equivalent services. If a Prime Offeror uses the commercial registration of a proposed subcontractor to satisfy this requirement, is the proposed subcontractor required to be registered in SAM as well?

No, the Subcontractor is not required to be registered in

SAM.gov.

RFP

Item 2, page

The requirement is for proposals to be submitted using Times

New Roman, 12 point font except for figures, tables, and diagrams where smaller font is acceptable. Will the

Government allow the use of fonts such as the Arial font family in figures, tables, and diagrams as long as it is readable?

Yes, the Government will allow the use of other font families in figures, tables and diagrams as long as it is readable.

RFP

Item 2, page

“Cover Page or Table of Contents do not count against the page limits for the respective parts.” Will the Government please confirm that the intent of this requirement is to state that a Cover Page and Table of Contents are excluded from the overall 25 page limit of Part I – Technical Proposal?

Yes, cover page and table of contents is exluded from the 25 page limitation.

RFP

Item C, page

The Government’s Price Proposal requirements make no mention of a Price Narrative response to allow Offerors to present supporting documentation to substantiate their Price

Proposal Schedule of Rates. Will the Government please confirm that Offerors are allowed to submit such supporting documentation in a separate PDF file from the Schedule of

Rates Excel spreadsheet submitted in email 3 of 3 Price)?

Yes, any information an offeror feels would support a determination that its price is fair and reasonable is encouraged, however any information submitted will not be allowed to adjust the terms as presented in the

Schedule. For example, PWS 5.15.4 states minimum time for daily equipment is 4 hours. You cannot submit supporting pricing documentation stating your minimum time is 8 hours.

PWS

PWS

paragraph

5.10 and

Attachment

3, page 1, "Ordering

Instructions, " 2nd paragraph

PWS paragraph 5.10 reads, in part: "Any out‐of‐pocket purchase (per invoice) over $5000 shall not be payable without prior approval by the Contracting Officer." Attachment 3, page

1, under "Ordering Instructions", the amount specified for CO approval is $3500: "Individual charges against the Out‐of‐

Pocket expense line item (see Schedule of Rates/PWS) are not authorized for any amount exceeding $3,500 without

Contracting Officer (CO) approval. The OO is not authorized to obligate the Government for any Out‐of‐Pocket expenses exceeding $3,500. The OO shall be responsible for receiving CO approval prior to performance of any tasks charged against the

Out‐of‐Pocket line item exceeding that threshold.” Is the threshold $3500 or $5000 and confirm that the contractor may rely on the COR to coordinate the necessary approval from the

CO and provide to the contractor for invoice support?

The OO shall coordinate CO approval on OOP expenses, however the contractor should be aware that without

CO approval any OOP expenses that exceed the threshold are not properly approved. The COR will coordinate with contractor for any applicable substantiating documentation in support of approving the OOP invoice. That said, the contractor is always encouraged to contact the Contracing Officer with any questions related to OOP reimbursement. The PWS has been revised to read $3,500 theshold for CO approval, consistent with Attachment 3.

Revised PWS 5.10 to read $3,500, consistent with the attachment.

RFP

Item (6)d, page 14 of

As proof of a capability to perform customs clearance in

Kuwait, the Government has asked for certification of any subcontracting or teaming agreements with the proposed customs broker or clearing agency. Would a subcontract or teaming agreement between a Prime Offeror’s proposed subcontractor and a customs broker satisfy this requirement?

Yes, the primary purpose is for the Government to understand the business relationship between the prime and any first‐tier subcontractors (e.g. stevedoring or customs clearance companies) doing work under the contract. This falls within the realm of demonstrating your capability to meet the requirement and will be taken into consideration during the compliance review and responsibility determination.

PWS

paragraph

5.15.1

PWS 5.15.1 states “Commodity Rates – All commodity rates applicable to this contract are inclusive of all labor, equipment and port handling/tariff costs related to the handling and movement of cargo, to include planning activities.” It is our understanding that all cargo is subject to Port Landing/Tariff charges. Will the Government please confirm if this is correct?

If so, are Offerors required to settle any Delivery Order charges with the Vessel Agent?

Yes, port tariff and landing charges related to the cargo movement is to be included in the commodity rates

(Sch. 1 primarily). However, the contractor is not responible for paying any related charges to the vessels calling on the port.

Schedule Schedule 8

Out of Pocket Expenses ‐ All previous contacts did to have a pricing to made for the OOP Expenses. Without any details of the expenses if becomes difficult for the Bidder to price for this line item. Kindly clarify.

We don't require a price for the OOP line item. OOP is for cost‐reimbursement only. There is no markup allowed, so pricing is not required.

Schedule Schedule 8

Service Administration Fees (6% fee per Out‐of‐pocket expense bill) ‐ Without any details of the OOP expenses if becomes difficult for the Bidder to price for this line item. Kindly clarify.

Similarly, no pricing is required for this line item.

Contractor can bill 6% of any OOP expense to cover administration of the service provided. For example, contractor purchases $100 in lumber for Government use during an operation. Contractor would bill the $100 as OOP then may add a 6% service charge.

RFP

Pg. 14, ¶(6) b

Will the USG accept evidence in the form of a court order holding that the KPA is illegally denying the offeror a registration at the port?

The Government does not intend to evaluate the legal rights of any offeror or otherwise be involved in any legal disputes. Offerors must be able to perform the requirement on day one in order to receive award and verification from KPA via letter is required to determine the offeror will be able to perform at those ports.

RFP

Pg. 14, ¶(6) b

If an offeror obtains a court order in Kuwait prior to contract award that the KPA has illegally denied the offeror’s registration at the port and illegally “blacklisted” the offeror, will that be sufficient to show that the offeror has the legal authority to operate at the port?

Similarly, legal authority to perform is not in consideration. The Government is soliciting for the actual performance of S&RTS, not the legal authority to do so. Actual ability to perform is the standard by which source selection will be made.