NSGB_Q&A__2.pdf

Question # Reference Category Question Government Response

5 FBO Pre-Proposal Instructions Pre-Proposal We understand that a pre-proposal conference will be held on or around 21 MAR 18. Would the conference be in Jacksonville or at GTMO?

The pre-proposal conference was accomplished on 21 Mar 18 in Jacksonville, FL.

6 Attachment 3, Care SA Instructions CARE I would like to arrange ETA access to submit vessel schedules and rates within the CARE module. Can you please advise point of contact or procedure to arrange my change within the ETA system?

Please follow Attachment 3, CARE SA Instructions, Section E paragraph 1 to register for an ETA IBS CARE SA account for submittal of rates.

Vessel schedules are not submitted in CARE, please follow RFP pg. 22., Volume III, Paragraph b. Subfactor C: Schedule. It reads: The offeror must submit a proposed liner schedule that meets the departure, arrival, and transit requirements as specified in paragraph

Section 3.B.5 of the PWS, beginning the week of 1 September 2018. Provide the proposed southbound and northbound delivery routes to include other vessel ports of call. Describe how the delivery requirements in the PWS will be incorporated into offeror’s current liner schedule or whether offeror will establish a new/additional liner route.

SF1449, Page 10 of 26: FAR Clause 52.222-

RFP

What employees does the Government expect to be covered by this clause on the contract? Does this clause cover GTMO stevedores and/or Jacksonville stevedores?

The geographical coverage of FAR Clause 52.222-42 does not apply to contractor employees working outside the United States.

8 SF1449, FAR clause 2.2.3, Page 13 of 26 RFP Please confirm COGSA protection will not be extended to offerors using barges. Are costs of extra insurance for NOT having COGSA to be paid by Contractor or Government?

Under Maritime Clause Para. 2.2 "Liability for Lost of Damaged Cargo", Para. 2.2.1. states that COGSA applies to all ocean transportation of cargo. Para, 2.2.3. further states that additional provisions also apply for Barge Service. With regards to extra insurance, there is no accessorial for additional insurance in the pricing schedule. Carriers are expected to maintain insurance coverage in amounts equal to, or in excess of, those customarily used in the commercial marketplace in the zones where services will be performed and shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

SF1449, 3. Excepted Cargo Category, Page

RFP

Reference “The Contractor shall not accept excepted category cargo for shipment unless a rate for its carriage has been negotiated with the CO”. Please confirm that cargo not specifically deemed as

“excepted cargo”, but requires Contractor to expand their cargo operations beyond normal day-to-day duties, is open to price negotiations.

Pursuant to FAR 52.212.4, Contract Terms and Conditions – Commercial Items, rates for their carriage may be negotiated by the Contracting Officer prior to booking. There will be instances when rates may need to be added to the contract.

10 Para. 3.B.2.2 PWS Please define the “Local Cutoff”. Is the local cutoff date the same as the cargo receipt clause in 3.B.5.2.1 or is this determined by the Contractor?

Local Cutoff is the latest date the carrier will accept cargo at the origin for a specific sailing. For port bookings the origin is the POE. If cargo stuffing is requested, the cargo stuffing facility is the origin. 3.B.5.1.2 references only cargo arriving at the port. The contractor sets the local cutoff date at other origin locations.

11 3.B.5.1 , 3.D, 3.G.1, 3.H.2 throughout PWS PWS

Please clarify if references to “Jacksonville/Blount Island” throughout the PWS mean the Jacksonville vicinity, including Blount Island, or exclusive use of Blount Island, Jacksonville. If the former, would the government consider allowing the carrier to load at another terminal outside of Blount island, but within Jacksonville limits? Currently there is only one location and one company that is exclusive on Blount island that will allow cross docking and provide a suitable warehouse. This does not allow for competition. Customary practice for all carriers calling JAX is to do a cross dock/warehouse operation in Jacksonville but off port. Suitable office space for a government employee will be provided at the cross dock/ warehouse location. Allowing other terminals to quote for stevedore and cross dock/warehouse services will permit for more competition and better pricing for the government.

No. Contractor is limited to use of the Blount Island Terminal in Jacksonville due to security and operational requirements.

3.I.8.2 1: “Contractor may trans load dry cargo at a bonded warehouse”

PWS

The above is contradicted in clause 3.D.1.2 “the Contractor shall provide warehousing in Jacksonville/Blount Island”. Is a bonded warehouse a RFP requirement?

In context, 3.I.8.2.1 refers to the contractor transferring cargo from one conveyance to another while cargo is in transit and in the contractor’s possession. The intent of this clause is to allow contractors more flexibility in their longer linehaul operations.

3.D.1.2 is specific to receiving of cargo at the port and stuffing containers there.

In the solicitation, Volume III – Technical Capability, offerors are required to submit written narratives under subfactor A and subfactor B explaining how the offeror will meet requirements in PWS Paragraph 3.D.

3.B.5.1.1: “Fixed Day of the week sailing, selected by Contractor”

PWS

Would shippers, DLA, MDV, NEDC change their schedules in order to meet Contractor’s new fixed sailing date?

Yes, the contractor will pick their day of the week at the beginning of the contract and will remain a fixed day.

3.B.5.1.2.2: “The Contractor will not receive refrigerated cargo more than 7 calendar days in advance of vessel sail date”

PWS

It is customary for reefers arrival is 5 days before vessel cutoff. Can the above clause be amended to reflect actual delivery?

This is a maximum number of days not a minimum.

3.B.5.1.3:“Arrivals and departures at

NSGB may not be on weekends, holidays or outside normal business hours.

PWS

Please confirm the working hours the ship is to arrive in at NSGB Mon.-Fri. (0800-1600 in Appendix1).

Please confirm the government is not obligated to berth a ship on any federal holidays or weekends. If the vessel arrives while the port is closed due to weekends or holidays, where is the vessel to wait?

Yes. Working hours are as stated in Appendix I. The contractor is not obligated to berth a vessel on holidays or weekends. It is the vessel captain's decision where to wait.

16 3.C.1: Equipment Pools(container only) PWS

Please confirm pool locations US Foods, NEX, DLA. Please also advise current level of equipment with chassis that are needed to be provided by carrier at each of these locations. We currently have four pool locations: MDV, NEDC, DLA and Port Orange requiring in total 28 x 40’ Dry’s, 16 x 40’ REF and 1x20’ DRY with chassis. Understand the “Contracting Officer may add equipment pools at his/her discretion”. How much lead time will the Contractor receive should this be implemented?

The only required container pool is NEX Suffolk. The contractor may choose to establish container pools at other locations at their convenience. Estimated volumes were added to CARE and are provided in the Pre Proposal Conference Slides to help the contractor determine if and where they would like to establish container pools. If the customer requests another formal container pool the request will be worked through AQ to establish that pool.

17 3.D: Port Operations PWS Please provide estimated costs associated with rental and utilities.

Currently, the contractor is not required to pay for rental and utilities, however the contractor may be required to enter into a lease with the installation which may charge the contractor for rental and utilities.

3.D.1.4 & PWS Appendix VI (NAVSTA diagrams) PWS Please provide a list of all GFE items and locations available to the contractor in GTMO. Please refer to the pre-proposal conference slide #28 & #34 for a list of the locations and storage areas. No GFE is provided.

3.E.1.3: “Contractor shall submit an entry into the Booking Reconciliation Tool (BRT) identifying all cargo that, for any reason, was not lifted onto the vessel identified in the booking”

PWS

Please advise why this is the Contractor's responsibility to upload this data? This takes a significant amount of time.

Submitting a BRT keeps the Government informed on cargo status.

20 3.F.1: Delivery to Destination PWS Please identity all door delivery locations in GTMO.

Door delivery locations include: NAVSTA, the NEX/Commissary, MWR, the Naval Hospital, NAVSTA Galleys, the Joint Task Force, Coast Guard ships, Tenant Commands (household goods, POVs, the school, etc...), and occasionally other civilian contractors.

21 3.G.1.2: GTMO POV Processing PWS Please advise if there is any special training for persons handling POVs. The government is unaware of any training outside the training required for other receiving/stuffing operations.

3.G.1.3: “POV processing shall be paid on a per container Basis”

PWS

According to G8, POV processing shall be paid on a per piece basis since 2 vehicles are stuffed in one container. Please advise why “per container basis” is used in the PWS when the G8 advises otherwise.

The UOM is per Container per the rate guide.

3.H.3.1.1: “The US Government shall provide accurate and timely hazardous cargo documentation”

PWS

Please define what the US Government considers “timely". Is this a day after acceptance? Before container is picked up? Receiving timely documentation, especially in regard to hazardous cargo, is crucial to ensuring cargo sails on the voyage its booked under.

Prior to scheduling pick-up.

24 3.H.3.3: Hazardous Waste Material PWS Will the HAZ regulations be based on the CFR’s or IMDGCode? Both apply.

3.H.3.10:“When cargo handling is ordered by the OO for a shipment with hazardous material, the Contractor is responsible for all HAZMAT certification and documentation in accordance with applicable laws and regulations for the shipment.”

PWS

If the Contractor has a Third Party managing the required HAZMAT certification, are stevedores still required to be HAZMAT certified?

The contractor must comply with all applicable HAZMAT regulations and this flows down to their appointed subcontractors.

3.I.2.1: “Occurrence. When a container which has been positioned at a

Government stuffing facility is not released by the Government within a reasonable time to meet these scheduled sailing time a and date of the Contractor’s vessel to which it is booked, thereby, precluding the container from being loaded on the vessel, the Government shall have the alternatives set forth below. In no event will the Government be liable for vessel demurrage or dead freight as a result of failure to release a container in time to meet a specified vessel sailing.”

PWS

Please define a “reasonable time” to meet scheduled sailing time and date. With new Trucking Laws regarding ELD’s,reasonable may not mean the same to the Government as it does to the Contractor

The contractor sets the local cutoff.

3.I.5: Contractor Failure to Load

Containers

PWS

If the Contractor is forced into a contract with PORTUS, how can the Contractor be held responsible for a PORTUS deficiency?

The contractor is responsible for their subcontractors.

28 3.I.6: No Fault Failure to Meet Sailing PWS If Contractor accepts a door move, but upon further evaluation concludes it cannot feasibly source trucking. Who does the fault lie with?

The fault lies within the contractor.

3.I.8.2: “When authorized by the OO, the Contractor may trans load dry cargo at a bonded warehouse. All costs associated with trans load shall be included in the line haul or mileage rates established in

CARESA. This is not allowable with refrigerated cargo.”

PWS

Please advise if this means Contractor can transload cargo from 53’ containers to 40’s and 20’s fromCA, MI and OH?

Yes, when authorized by the OO.

30 3.1.11: Damage to Contractor Equipment PWS Contractor is required to do repairs from pool locations and has never been reimbursed. Contractor is forced to maintain these locations where there is no security or transparency. Will Contractor be reimbursed for these damages that occur on pool locations?

3.I.11.1. The Contractor may be entitled to reimbursement for damages to Contractor owned equipment when such damage or loss is by act, neglect or failure to maintain equipment by the US Government, its agents, employees or Contractors (other than the prime Contractor) while such Contractor equipment is in the custody and care of the US Government, its agents, employees or

Contractors (other than the prime Contractor). The US Government shall repair or reimburse the Contractor for reasonable costs of repairs.

Clause 2.A.3 and sections(3.J ): Cyber

Security

PWS

Please confirm the RFP will be amended to reflect the cyber security requirements of USC 08.

Specifically, we notice the following NISTSP 800-171 appear in the USC-8 PWS, but not the NSGB

PWS:3.11.1Periodically assess the risk to organizational operations (including mission, functions, image, or reputation), organizational assets, and individuals, resulting from the operation of organizational systems and the associated processing, storage, or transmission of CUI.3.13.8 Implement cryptographic mechanisms to prevent unauthorized disclosure of CUI during transmission unless otherwise protected by alternative physical safeguards.3.13.11 Employ FIPS-validated cryptography when used to protect the confidentiality of CUI.3.13.16 Protect the confidentiality of CUI at rest.

The solicitation PWS was amended in Revision 1 to remove PWS para. 2.A.3. The cyber language is stated in PWS para. 3.J.1. - 3.J.4 and Table 3.J.4. and Appendix VIII.

32 5.A.5.3. Pricing and Rate Rules PWS Please clarify what tab OOG moves are priced under. Drayage as established in CARE for inland movement. Cargo that is Out-of-gauge for a flatrack is priced as set forth in 5.B.2.

33 Appendix I, Para. 1.2 PWS

This requirement states a wheeled operation is required. Please advise how many chassis are needed for Wharf Bravo pier operations. Does the carrier need one chassis for everyone container on island? Please advise if the government has any chassis on land. What is the max size reach stacker allowed?

Understand Wharf Bravo will be under going repairs for the next 2 yeas, will Contractor have use of Pier

Victor during this time? If yes, confirm same working conditions referenced in Appendix IV will be available to Contractor at both piers.

The contractor is responsible for determining how many chassis are needed to perform the operations at NSGB. No GFE is provided.

A weight of 60Tons is allowed on Wharf Bravo to include the handling equipment and any cargo it is moving. Reach stackers are only allowed in the permanent trailer storage area where there is not limitation on weight.

During the pier rennovations, NSGB has stated the Wharf Bravo will remain open. Depending on the stage either the north berth or south berth will be useable. Pier Victor will only be used as a back-up in extenuating circumstances.

1.19: “NAVSTA NSGB: has 16 receptacles for plugging in refrigerated containers.”

PWS

Section 3.4 of the PWS mandates the Contractor must have space available for 20 refrigerated containers. How is the Contractor supposed to power the remaining 4 containers?

3.H.4.2.5. The contractor is responsible for primary and alternate power sources needed to maintain reefer temperatures while cargo is in the contractor’s possession.

Question 4: “Vessel(s) offered are certified to transport hazardous materials and waste as identified in the PWS.”

PWS Attachment 4 – Contractor Confirmation

Checklist

Do the vessel operator and warehouse workers stuffing / stripping HAZMAT materials for the government need to be certified? If so what certification?

The contractor must comply with all applicable HAZMAT regulations.

36 Mileage Bands PWS Appendix II

City Groups

Please advise the relationship between “city groups” and “city”. There are multiple door pick-up points for cargo regularly booked under southbound voyages where the door point(city) is half an hour to an hour outside the designated city group.

Multiple cities make up a city group. All cities belonging to a city group are listed in Appendix II – City Groups.

37 Appendix IV - Reports and Formats PWS Appendix IV -

Reports and Formats

Will the excel vessel status reporting supersede the current 6-hour vessel email report? Appendix IV , report 6.1 was modified in Revision 1 to state the medium is "via email".

38 Pre-Proposal Conference Sign-in Sheet Pre-Proposal Conference

Will the NSGB Pre-Proposal Conference Sign-In sheet be posted to FBO? The sign-in sheet will not be posted to FBO.

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