Solicitation Question and Answer Log_Bahrain Round 3_4-5-22.xlsx
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| SOLICITATION Q&A LOG | |||||
| HTC711-22-Q-R006 S&RTS Bahrain S&RTS | |||||
| ROUND 1 QUESTIONS & ANSWERS POSTED: 24 MARCH 2022 | |||||
| Question # | DATE RCVD | DOCUMENT | REFERENCE | PROSPECTIVE VENDOR'S QUESTION | GOVERNMENT'S RESPONSE |
| 1 | 17-Mar-22 | Attachment 1, PWS | Paragraphs 5.30, 5.30.1, 5.30.2, 5.30.3,5.30.4 and 5.31 | How will be the Contractor compensated for these services. Will these services Invoiced on a on call basis or monthly basis. | Documentation is part of the tally and checking process and inclusive of all commodity schedules. Compensation for services defined in this paragraph are included in all commodity rates established in the SOR |
| 2 | 17-Mar-22 | Under this Contract what GFE will be given to the Contractor. | At this time the Government does not intend to provide Government Furnished Equipment. See amended Attachment 1, PWS, paragraph 4.18.2 | ||
| 3 | 17-Mar-22 | Attachment 1, PWS | Paragraph 4.2.1.2 | Cancellation of services - (PWS 4.2.1.2) - What will be the established cut-off time for cancellation of services ordered. | See amended Attachment 1, PWS, paragraphs 4.2 & 4.2.1.2 |
| 4 | 17-Mar-22 | Attachment 1, PWS | Paragraph 4.1.3 | Labor rules & Agreements & Port Tariffs - (PWS 4.1.3) - Kindly specify if USG is expecting Contractor to submit a copy of the Bahrain labor law. What labor agreement does the Contractor need to submit to USG? | See revised Attachment 1, PWS, paragraph 4.1.3.1 |
| 5 | 17-Mar-22 | Attachment 1, PWS | Paragraph 5.2.1.1 | Contractor Services - (PWS 5.2.1.1) - Hazmat and dangerous cargo requires minimum 72 hours notice as per Bahrain Ports Authority. | Understood, due to the fluid nature of the Governments port operations, the Government will give the Contractor as much notice of upcoming missions as possible or no less than 48 hours in advance. In most cases the Contractor will get 30 days notice, and prior to any mission the Contractor shall be given 72 hours advance notice to coordinate work site readiness. |
| 6 | 17-Mar-22 | Attachment 1, PWS | Paragraph 6.3.2 | Explosives familiarization & training (PWS 6.3.2) - Will the Contractor be compensated for man hours of Contractor personnel attending this training and under what section of SOR? | Per the PWS section 3.6.4 The Contractor shall provide as part of this contract two (2) POCs with HAZMAT certification for oversight in handling hazardous cargo IAW CFR49 Part 172.704(d) for each operation and port location when handling HAZMAT cargo. Per the PWS section 6.3.2 the USG will provide training media or coordinate in-person training to all contract personnel who will fill positions identified in this paragraph, however this will be at the Contractor expense. |
| 7 | 18-Mar-22 | Solicitation - General | Solicitation - General | There is no reference to any pre-Solicitation conference call being scheduled for all Bidders. Will there be one? | The Government will not be holding a pre-solicitation conference call. |
| 8 | 18-Mar-22 | Contract Section Instructions to Offeror. | Page 25, Paragraph (5) | Instruction is to submit a plan as required under DFARs 252.237-7023 and 7024. That would appear to duplicate the instruction in paragraph (6) iii – please clarify. | Your written plan required under DFARS 252.237-7023 and 7024 should be completed using Attachment 5, Contractor Plan for Continuation of Essential Services |
| 9 | 18-Mar-22 | Contract Section Instructions to Offeror. | Page 26, Paragraph B. Part I | Instruction states there is a maximum of 20 pages allowed for the Technical Worksheet submission. Can the page numbers be increased to allow more detailed Technical submission? | The Government will not increase the maximum number of allowable pages for the Technical Worksheet submission. Please note per the Tech Worksheet: All requested attachments, port certifications, licensing, permits, documentary evidence (photos) and Material Handling Equipment (MHE) lists shall not count against the page limits. |
| 10 | 18-Mar-22 | Attachment 1, PWS | Page 9, Paragraph 3.5.6 | Fuel containment devices. Please clarify if there is any known or estimated quantity or frequency of POL that requires containment. | Quantities, if applicable, are based on each mission and vary. Accurate historical data is not available. Please refer to Attachment 1, PWS, section 3.5.6.1 |
| 11 | 18-Mar-22 | Attachment 1, PWS | Page 32, Paragraph 5.8.5 | Vehicle preparation. If preparation requires items such as Batteries, Fuel, Tires or similar can those be recharged as OOP with COR consent? | Yes, items like batteries, fuel, or POL used as part of vehicle prep will be reimbursed as an OOP expense, however changing tires i.e. spares) will be paid as extra labor/equipment per schedule 2/4 of the SOR. |
| 12 | 18-Mar-22 | Attachment 1, PWS | Page 36, Paragraph 5.13.2 | Mis-shipped Cargo. Clarification is required that Contractor is only liable for costs to correct Mis-shipment if Contractor is directly responsible for the mistake. | The contractor is responsible for all mis-shipped cargo and shall reimburse the Government for all costs associated therewith in accordance with PWS paragraph 5.13.2. and FAR 52.212-4. |
| 13 | 18-Mar-22 | Attachment 1, PWS | Page 38, Paragraph 5.20 | Cargo consolidation / Staging Management. Contractor is required to maintain a fence around the Staging Area from 5.19.2. Please clarify if fence perimeter has to adjust to smaller area in the even that cargo area can be reduced over time. The Port will not reduce charges for the staging area concerned from original area booked, potentially resulting in a loss to the Contractor if US Government will not accept charges for the Staging space booked but not used. | Per the USG security requirement, staging area (while in use) will have to be secured, i.e. fenced, container wall, or concrete barriers. The Contractor shall be responsible for coordinating and use of staging area, and will coordinate with the COR/OO for proper amounts of staging needed per mission. per the PWS 4.1.3 the contractor shall provide port tariffs that effect the USG mission. |
| 14 | 18-Mar-22 | Attachment 1, PWS | Page 39, Paragraph 5.26 | Inland Transport. Paragraph suggests that Contractor transportation requirement is up to 50 KM from Port / Airport, thereafter it is handed to another form of inland conveyance. Please clarify if Contractor is to perform offload from Land Transport and / or trans load to Inland Conveyance. And if so, which Schedule with SOR is it recharged? | In most cases the destination of cargo will have MHE ready to load or discharge cargo, however the contractor must be ready to prove MHE per PWS section 5.26.3 Transportation of USG Cargo to Origin Ports. The Contractor may be requested to provide inland transportation assets to transport/pick up DTS sponsored/booked cargo to/from trans-shipment point(s) sites or from other destinations designated within 50 kilometers of origin seaports within the Kingdom of Bahrain. Compensation for services provided shall be at rates established in schedule 2 & 4 of the SOR. |
| 15 | 18-Mar-22 | Attachment 1, PWS | Page 40, Paragraph 5.26.3 | Transportation of Cargo to Origin Ports. Contractor is to provide Inland Transport from inland locations. Please clarify that this action should be recharged under Schedule 9? And assuming Contractor has to load the cargo at the Inland location, then that action can be recharged as Receipt / Loading Land Transport. (Clause states recharge under Schedules 2 and 4). | Correct, per PWS section 5.26.3 Transportation of USG Cargo to Origin Ports. The Contractor may be requested to provide inland transportation assets to transport or pick up DTS sponsored/booked cargo to or from trans-shipment point(s) sites or from other destinations designated within 50 kilometers of origin seaports within the Kingdom of Bahrain. Compensation for services provided shall be at rates established in schedule 2 & 4 of the SOR. |
| 16 | 18-Mar-22 | Attachment 1, PWS | Page 42, Paragraphs 5.32.1 & 5.32.2 | Towing Equipment. Will US Government provide the heavy duty Tow Bars needed to safely tow large Cargo units? | There will not be any Government Furnished Equipment provided. |
| 17 | 18-Mar-22 | Attachment 1, PWS | Page 44, Paragraph 5.36.1 | Portable ramps up to 70 MT capacity. Please clarify this requirement as large units of that size would generally be moved on a Lowbed Trailer, which has in-built ramps. | Unless otherwise provided (by the truck or at the port) the contractor shall provide ramps as needed, per PWS section 5.36.1. The Contractor shall provide as CFE (unless otherwise provided by the port) portable ramps up to 70 ton capacity for loading/discharging vehicles for commercial trucks. |
| 18 | 18-Mar-22 | Attachment 1, PWS | Page 46, Paragraph 6.1.1 | Please clarify meaning of statement “In case where Port Tariff s supersede certain Stevedore requirements”. | See revised Attachment 1, PWS, paragraph 6.1.1 |
| 19 | 18-Mar-22 | Attachment 1, PWS | Page 52, Paragraph 6.5.7.2 | Cargo wash facility. Please clarify that required action to move cargo from point of rest to wash bay and then on to staging lot is to be recharged as an act of Cargo Transfer. I.e. there is a charge in addition to the actual Washing per unit recharge under Schedule 6. | The USG expects an all inclusive rate per vehicle and container per schedule 6 of the SOR. 6.5.7.1 The contractor shall clean and wash all cargo to meet U.S. Agricultural (USAG) standards. Compensation for cleaning/washing cargo shall be based on a “per piece” rate (vehicle and container) as established in schedule 6 of the SOR, rates shall be inclusive of the labor, MHE, facilities, pressure washer, equipment, water, electric, fuel, and sewage fees utilized for the washing operation. Per PWS section 6.5.7.2 The Contractor shall dray/lift or tow cargo from the staging lot (i.e. Dirty lot) to the wash facility and wash the cargo clean. Once cleaned and inspected, the cargo shall be dray/lift or towed to the sterile staging lot. The Contractor shall utilize MHE to load or discharge cargo from transport vehicles as needed. |
| 20 | 18-Mar-22 | Attachment 1, PWS | Page 53, Paragraph 6.5.9.1 | Clearance of staging area, Contractor to bear costs. As the Ports are not exclusively for Military use it is likely there will be obstructions to clear, and as said obstructions are not Contractor controlled we would like to request recharge the costs of Labor and MHE involved if possible. Please confirm. | The USG will not compensate the Contractor for clearance when notice is given of staging need per Attachment 1, PWS section 6.5.9.1. |
See Attachment 1, PWS section 6.5.9.1 which adds: If notice is given after 72 hours, the Government may be liable for expenses incurred upon approval of the Contracting Officer.
| 21 | 18-Mar-22 | Attachment 1, PWS | Page 54, Paragraph 6.5.12 | Materials and Supplies. Can any expensive items listed, such as Diesel, by recharged as OOP? | See revised Attachment 1, PWS section 6.5.12 |
| 22 | 18-Mar-22 | Solicitation - General | We would like to formally request an extension to the submission deadline on the 31st March as this is a very complex Solicitation. | The due date of quote submissions has been extended to 7 April 2022 at 1:00 P.M. Central Daylight Time | |
| 23 | 24-Mar-22 | Solicitation - General | Kindly ask if Bahrain SOR location and quantity estimates can be separated into individual locations and quantity estimates vice one inclusive location covering MINA SALMAN PORT, KHALIFA BIN SALMAN PORT (KBSP), ASRY DRY DOCK AND INCLUDE NAVAL SUPPORT ACTIVITY (NSA 1), MINA SALMAN NAVAL BASE (NSA 2), SHAIKH ISA AIR BASE, AVIATION UNIT (NSA 3) AND RIFFA AIR BASE. | All the applicable ports will be inclusive in the contract under one SOR. | |
| 24 | 24-Mar-22 | Attachment 4 Technical Worksheet | Page 2, Paragraph 3a. | Receipt and Disposition. Text of submission requirement does not appear to relate to R&D operations and some of the referred PWS ref numbers also do not relate to R&D Operations. Please clarify. | Corrected Attachment 4, Technical Evaluation Worksheet, references (PWS Ref: 4.5.1.2, 4.27.4, 5.2.1, 5.5.1) |
| 25 | 24-Mar-22 | Attachment 1, PWS | 4.2.1.3 | 1. Cancellation of services (PWS 4.2.1.3) - PWS states Minimum guaranteed time if applicable is 4 hours for each class of labor ordered - To be noted is labor/equipment's all work in 8 hours shifts. So minimum applicable/payable time also should be 8 hours. | Updated Attachment 1, PWS, 4.2.1.3 to reflect the minimum guaranteed time (if applicable) to eight (8) hours for each class of ordered labor verified by the COR/OO. |
| 26 | 24-Mar-22 | Attachment 1, PWS | 4.8.3.1, 4.8.3.2 | We would like to know how and on what basis the differential time has been calculated from straight time and on what basis? | 6.4.1.1 of the PWs Monday thru Friday, Day Shift/1st Shift 08:00 – 17:00 |
2nd Shift 17:00 – 23:00 3rd Shift 23:00 – 07:00 Saturday, Sunday & Holidays, 1st Shift 07:00 – 15:45
2nd Shift 15:45 – 23:00 3rd Shift 23:00 – 07:00
Example: When operational requirements dictate, day shift hours will be from 0600 to 1800 hours, and night shift hours will be from 1800 to 0600 hours. The Contractor shall shift/adjust work schedule according to vessel arrival and vessel schedule, to avoid vessel delay.
| 27 | 24-Mar-22 | Attachment 1, PWS | 4.26.1 | 1. Sentence is incomplete - can you clarify? | See amended Attachment 1, PWS, paragraph 4.26.1 |
| 28 | 24-Mar-22 | Attachment 1, PWS | Paragraph 4.2.1.2 | We would like to know what is the minimum time payment for CFE requested and then cancelled. To be noted is for all Heavy equipment's once ordered there will be a mob and demobilization time also, so how will the Contractor be reimbursed for all of it? | PWS para 4.2.1.2 - No compensation is applicable to the Contractor for services ordered and cancelled prior to the established cancellation cut-off time(s). The USG shall only compensate the Contractor for services, ordered and cancelled after the established cancellation cut-off times or in accordance with port written labor agreements which are to be provided to the Government at the start of contract. The Government will not compensate the Contractor for CFE. Per all other commodity rates, the contractor is responsible for its equipment getting to the job site see 4.5.1. Also - see question 3 |
| ROUND 2 QUESTIONS & ANSWERS POSTED: 29 MARCH 2022 | ||||
| 29 | 24-Mar-22 | Attachment 2, SOR | Lines 125 & 173 | Following line items on the SOR sheet are highlighted in yellow but are locked. Rates cannot be entered. |
. Line Item # 125 - ForkLift 20Ton
| . Line Item # 173 - VISA and Port Pass | Attachment 2, SOR: Line Items 125 and 173 have been unlocked. You should be able to enter Unit Prices now. | |||
| 30 | 24-Mar-22 | Attachment 2, SOR | SOR under section 5 requests rates for Cargo storage per piece rates. Under line item 159 rates for Open cargo |
staging area are requested.
| PWS does not specify application of cargo storage rates requested under section 5 in the SOR. Please guide. | Attachment 1, PWS section 6.5.9 revised to read: If a Status of Forces Agreement or international agreement are not in effect, compensation shall be at rates established in schedule 5 (storage) and schedule 6 of the SOR. | ||||
| 31 | 24-Mar-22 | Attachment 1, PWS | Section 6.4.4 on page 50 refers contractor’s coordination with US Embassy Riyadh. This seems in error. | Attachment 1, PWS section 6.4.4 revised. Corrected TypeO | |
| 32 | 24-Mar-22 | Attachment 1, PWS | Table under section 4.25.2 (document distribution) on page 28 seems to be in error. | Attachment 1, PWS section 4.25.2 revised. Updated table in PWS | |
| 33 | 24-Mar-22 | Attachment 1, PWS | Section 5.37 under PWS indicates Port authority crane at Khalifa port will be compensated by Government as per Port tariff. |
Line item 138 in the SOR request rates for Gantry crane (Khalifa Port). Will Government pay contractor charges
| based on rates established in SOR or as per port Tariff? | The USG is looking for Rates for the ganty crane based on port tariff for the Port of Khalifa, it’s the only port with Gantry cranes. | |||
| 34 | 24-Mar-22 | Solicitation - General | There are number of services marked in PWS and SOR to be paid as Out of pocket expense on cost reimbursable |
or as per port tariff basis. Few listed below.
Contractor will need settle these costs with the supplier or port as they occur. Government will take time for financial process to complete for paying contractor. Process often takes time even months.
Since contractor is to bill these services at cost only. How does government intend to compensate for the period of Contractor’s investment on these services and associated financial bank fees?
Is the contractor allowed to receive discounts on tariff items? Or would that be considered a FCA violation?
. 3PL services for extenuating circumstances . Aviation Supportequipment . Physical cargo security . Customs inspection and customs related fees.
. Customs broker clearance fees.
. Reefer Power charges and daily monitoring
| . Material and supplies ( securing materials, pallets, boxes, POL, security seals etc.) | There is no G&A payable under this contract. Regarding tariffs, please see Attachment 1, PWS sections 4.1.3 and 4.1.3.1. | |||
| 35 | 24-Mar-22 | Solicitation - General | Payment process is 30 days from when the COR approves the payment and issues the invoice to the payment |
office per Appendix C. The COR must process and submit the invoice in 7 days. To even submit to the COR we understand the contractor must have funded these invoices. This means the processing time from when the awardee submits payment to when they can expect payment is a minimum of 37 days. Reality is more like 60 days. Further complicated is the COR may direct changes to the invoice format or reference essentially resorting the clock. Is the intent of the US Government to have the contractor fund these expenses with an interest free loan for this time with no compensation? Under the Prompt Payment Act, an accepted invoice must be paid within 30 days before it begins to accrue interest. There is no G&A payable under this contract.
| ROUND 3 QUESTIONS & ANSWERS POSTED: 5 APRIL 2022 | |||||
| 36 | 4-Apr-22 | SOR | Please explain criteria showing Unit Quantity (Column ‘M’) in SOR Attachment -2 – Controlled Unclassified Information – CUI in ‘Manhours’ Category (For eg. Skilled Labour -Line Item 83 – Unit Quantity shown as ‘80’. Does it indicate that we need to maintain 80 Nos. of Skilled Labor at all times during the course of 5 year Contract period). We need similar explanations to all Nos. inserted in ‘Unit Quantity’ column in ‘Manhours’ category. | No, this column is an estimated quantity ( Unit quantity) which is an estimated minimum quantity that will be used/loaded/discharged for one year. The summary page will multiply those amounts by year for an overall amount for the PoP of 5 years | |
| 37 | 4-Apr-22 | Attachment 1, PWS | Is it necessary/mandatory for the participating bidder to have Shipping Agency License to undertake Pilotage Activities. For example if a Vessel is IN CALL to arrive on a port whether we are allowed to hire a Shipping Line Agency to handle Customs Formalities if we are not having Shipping Agency License for the time being. | No, the contractor is not responsible, the individual shipping carriers or shipping agent will be responsible for piloting services when making ports of call. | |
| 38 | 4-Apr-22 | Attachment 1, PWS | As far as our understanding is concerned a Licensed Customs House Agent dealing with Directorate General of Shipping are handling dangerous & Hazardous Substances Goods . Please mention whether the service of a Licensed Customs House Agent can be resorted to by us. Please also explain whether a Pre-Market Approval is to be sought by us while handling sensitive, hazardous and explosive goods. | The contractor is required to provide customs broker, per Attachment 1, PWS sections 5.26.4., 6.4.4., 6.4.4.2 | |
| 39 | 4-Apr-22 | Attachment 1, PWS | Please clarify whether we need to use both ICODES Pre-Stow Plans and BAPLIE Electronic Data Interchange (EDI) | ||
| at all times during the whole contract tenure. | The contractor is not required to have ICODES software, the Government unit provides printed vessel stow plans. BAPLIE is not referred to in the PWS or other documents. | ||||
| 40 | 4-Apr-22 | Attachment 1, PWS | As we understand The Metric Ton rates are generally calculated based on respective 20 and 40 Feet Containers. Please let us know any other hidden charges apart from prescribed ongoing Tariff rates. | Please see Attachment 1, PWS Section 1.2.1. and all sections designated throughout the PWS for any “other” fees. MTON unit of measure is defined as Measurement Ton, see Attachment 1, PWS section 4.5.3 for Measurement Ton calculation data. | |
| 41 | 4-Apr-22 | Attachment 1, PWS | Please let us know whether the activities stated in the Performance Work Statement and related documents are specifically designed keeping in mind a Shipping Agency. | No, the PWS is the Government’s requirement for stevedoring and related terminal services, SDDC requires/need at the seaport. | |
| 42 | 4-Apr-22 | Attachment 4 Technical Worksheet | There are differences between the pre and post amend 1 Technical Worksheet for questions | Attachment 4, Technical Evaluation Worksheet 4.5.22. being posted with Amendment 3 is the correct document. | |
| 43 | 4-Apr-22 | General Solicitation | Request for extension due to Rd 3 Q&As | The Government has agreed to extend the quote due date from 7 April 2022 to 11 April 22 at 1:00 P.M. Central Daylight Time. |
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