S&RTS_Southern_California_Q&A_(Round_1).pdf

HTC711-19-R-R011 S&RTS SOUTHERN CALIFORNIA

QUESTIONS AND ANSWERS (Round 1) as of 19 Sep 19

Q1: The ILWU-PMA CBA does not have a “fresh labor” requirement. Depending on the applicable Port, this requirement could adversely impact labor availability. How would this issue be handled? (PWS

Reference - Section 3.3, Page 6, Paragraph 1)

A1: The requirement is a safety factor that in the past has resulted accidents and injury to personnel. It has been noted that labor also slows down after long periods of work, fatigue. The unite commander , through the COR will conduct risk assessments and make the decision whether contracted labor may work beyond the requirement.

Q2: Under the current PWS (HTC711-15-D-R038), Section 3.1.1 specifies that the Contractor shall be compensated for training at Man-hour rates. However, Section 3.4.1 of the new PWS (HTC711-19-R-

R011) states that the training is at Contractor’s expense. Is this change in responsible party for training intended? Additionally, does the training of participating labor refer to Contractor employees, ILWU labor, or both? (PWS Reference - Section 3.4.1, Page 7, Paragraph 1)

A2: Per army regulation 600-55 chapter 2 2-1b DOD contractor employees assigned to operate

Government-owned or Government-leased equipment in the performance of their contract will be in compliance with the licensing requirements of the State and local motor vehicle laws and certified, by the contractor and at the contractor’s expense, as being fully qualified to operate the equipment which they are assigned.

The prime contractor must document all operator qualifications and provide this documentation commercial drivers’ license (CDL) if required for operating equipment to the administrative contracting officer prior to the contract employee engaging in equipment operation.

No exceptions to this regulation will be made in the case of persons who regularly operate vehicles or equipment in connection with other work or incident to other duties.

Q3: Under the current PWS (HTC711-15-D-R038), Section 3.1.2 specifies that the Contractor shall be compensated for training at Man-hour rates. However, Section 3.4.2 of the new PWS (HTC711-19-R-

R011) states that the training is at Contractor’s expense. Is this change in responsible party for training intended? Additionally, does the training of participating labor refer to Contractor employees, ILWU labor, or both? (PWS Reference - Section 3.4.2, Page 7, Paragraph 1)

A3: Please see the response to question A2 above.

Q4: In regards to Section 4.5, for each Port please identify the Port tariff charges applicable to the handling and movement of cargo. Is the expectation that PMA Tonnage assessments and applicable Port tariff charges are included in the Commodity rates? Also, is it possible for the Contractor to provide a list of services that are not included in the commodity rate? (PWS Reference - Section 4.5, Page 13, Paragraph 1)

A4: The PWS has been corrected to read the following for PWS paragraph 4.5, “Commodity Rates. All commodity rates applicable to this contract are inclusive of all planning activities, labor, gear, equipment, and materials, related or associated to the handling and movement of Government DTS cargo.”

Q5: Based on the Table contained in Section 4.7 and the SOR, there do not appear to be Commodity rates inputs within the SOR for the following listed items: Stuffing, Unstuffing, Stripping, Cross

Decking, Transfer, and Inland Transportation. Therefore, are we correct in our assumption that these items are to be billed at Extra Labor (XL), as defined in Section 4.6? (PWS Reference - Section 4.7, Page

13, Paragraph 1)

A5: The table is to establish what commodity is to the Government, since most would assume

Commodities are bulk materials, the Government has established commodity as a service. The table defines each cargo handling as a commodity operation, the table does not define each commodity as separate billable items. (Example: loading a vessel will inherently include moving cargo from its place of rest and stowed aboard the vessel, to include but not limited to its lashing, inspections, documentation, checking, tally, debris removal, and clean up. Offerors are not correct in the assumption of billing in

Extra labor, Stuffing, Unstuffing, Stripping, Cross Decking, Transfer, and (if applicable) Inland

Transportation are all commodity based operations.

Q6: Should this be revised to “6 minute” increments to align with section 4.8.3.1 and current practice?

(PWS Refererence - Section 4.8.3.3, Page 15, Paragraph 1)

A6: No, stand-by time and detention are two different things; detention time starts when work stops and will be calculated to 18 minutes. The contractor will absorb anything less than 18 minutes.**Note: PWS reference has been revised; please refer to updated PWS.

Q7: Should Section this be revised to “6 minute” increments to align with Section 4.8.3.1 and current practice? (PWS Reference - Section 4.15, Page 17, Paragraph 1)

A7: No, this PWS reference will not be revised.

Q8: Would services performed sporadically be included as part of the commodity rates, or billed using

Man-hour rates, when service is needed/requested? As an example, tarping of cargo is only performed when requested. (PWS Reference - Section 5.10.6.1 , Page 25, Paragraph 1)

A8: No, as requested by the Government, the Contractor shall secure, document loaded cargo (capturing nested or secondary loads), cover cargo with tarpaulins (as needed) and remove or reinstall transporter components (e.g. sideboards, rails, tarpaulins). Tarps may be purchased by Out-Of-Pocket (OOP).

Q9: Please provide additional explanation of the difference(s) between “Nested Cargo” and “Secondary

Load.” Is the Contractor compensated for checking and measuring via Man-hour rate? (PWS Reference -

Section 5.10.16.5, Page 29, Paragraph 1

A9: Nesting is defined as the act of loading cargo onto or into another piece of cargo for the purposes of reducing vessel stow footprint (e.g. placing small generators, or small containers into the bed of a truck).

Secondary Load is defined as one piece of cargo that has been loaded onto the bed of another piece of cargo and moved as one unit, examples would be construction equipment loaded onto a trailer, M1 tank loaded onto a M1000 trailer or field maintenance units loaded on a PLS vehicle)

No, Cargo Checkers and tally services are part of the Commodity rate. Given that the USG has measured all cargo in advance of departure from origin, re-measurement is not required. Discrepancy's should be brought to the attention of the COR for resolution.

Q10: How will compensation be provided to Contractor for the additional security requested and would this security be armed or unarmed? With current TWIC regulations already in place, would the additional security still be required above and beyond these measures? (PWS Reference - Section 6.2.4, Page 40, Paragraph 1)

A10: When working within the confines of a port, the port authority is responsible for security of its tenants. If the Government request additional security by the Contractor, the Government would compensate the Contractor as an OOP cost reimbursable expense or Extra man-hours pay.

Q11: Second shift working hours should be updated to 18:00 – 03:00. (PWS Reference - Section 6.4.2, Page 42, Paragraph 1)

A11: The PWS reflects shifts will run from 1st shift (0800-1700), 2nd shift (1700-0300) and 3rd shifts from

(0300-0800). The Government will adapt to local CBA designating shift hours.

Q12: What does specialized equipment mean? (PWS Reference - Section 6.11.1.3, Page 46, Paragraph 1)

A12: The Contractor shall provide any special equipment, or supplies necessary (not covered in schedule

4 rental equipment) for the successful completion of each operation (e.g. floating cranes, land based cranes, mobile cranes, special equipment, special materials, or reimbursable 3rd party services). It is required that all additional expenses be pre-approved in writing by the COR regardless of dollar value prior to its purchase or rental. Payment will be authorized as a miscellaneous OOP expense on a cost-reimbursable basis.

Q13: The current SOR is password protected, not allowing us to change description on Man Hour and

Miscellaneous sections, please provide updated SOR allowing for these items to be updated. (Reference:

Section SOR, Page Instructions, Paragraph 7)

A13: The SOR is password protected to ensure none of the information contain within can be altered.

Q14: The current SOR does not allow for the removal of the quantity for the miscellaneous section, where services may not be able to be provided. (Reference - Section SOR, Page Instructions, Paragraph 6)

A14: The PWS stipulates the requirements of the Government and the IGCE identifies rates based on commodity operations. The Government request rates for all services described in the PWS.

Q15: We have different rates for the two ports. Is it permissible to have separate sections for the two sites in the summary within the SOR? (Section SOR, Page Summary, Paragraph 3A)

A15: The Government is okay with two schedules; one for each port; however, the current COR has stated that rates should be the same for all ports.

Q16: Do you have the dimensions and description for each type of unit for each commodity as having the individual dimensions would greatly aid in a proper proposal? (Reference - : Section SOR, Page

Schedule, Paragraph 1)

A16: The Government does not have a bye piece forecast that covers five years. The best way to price this out is by utilizing the average Mton of vehicles/equipment in each weight class. This should be part of the technical evaluation. Light, Medium and Heavy vehicles by unit of measure “Each” and containers by unit of measure “Mtons.”

60 Less than 25,000Lbs AVG Mton: 26

61 25,001 Lbs to 60,000 Lbs AVG Mton: 60

67 60,001 Lbs or more AVG Mton: 77

Q17: Please confirm one rate per line item is to be used for both the 5 year ordering period and the 6 month extension of services.

A17: The Government confirms that one rate per line item is to be used for both the 5 year ordering period and the six month extension of services.