N00024-16-R-4306_Bidders_Questions_Responses_Amendment_0003.pdf

N00024-16-R-4306 Amendment 0003 Bidders’ Questions

NAVSEA REFERENCE NUMBER: 0024

SHIP/PROGRAM: CVN 68 and CVN 78 Class Ships - N00024-16-R-4306

SPECIFICATION NO: RFP PARAGRAPH NO. 5252.227-9100

TITLE: Management and Disposal of Hazardous Waste PAGE NO. 125-127 of 205

QUESTION:

If work for this anticipated contract is to be performed at NNSY and the Naval Station, then shouldn’t hazardous waste be disposed of in accordance with the Government facility’s policies and guidance? Furthermore, since contractors are not required to obtain an EPA ID for these bases, hazardous waste would be managed under the Generator ID of the host command.

Similarly, Hazardous Waste Manifests should not be applicable to the prime contractor, but to the host command.

DO NOT WRITE BELOW THIS LINE ---- (SPACE BELOW FOR GOV'T USE ONLY)

ANSWER: The Hazardous Waste and PCB Waste language below has been added to Section C of the solicitation. In addition, the specification for work item 077-11-001, as referenced in the language below, and also included under Attachment J-1 of the subject solicitation, provides further guidance on controlling hazardous waste produced on naval vessels. See Amendment 003:

HAZARDOUS WASTE AND PCB WASTE

A. Pursuant to 10 U.S.C. 7311, the Contractor is informed that the amount and types of Hazardous Waste expected to be generated during performance of the availability will be estimated as set forth in Work Item 077-11-001. In addition, the amount of polychlorinated biphenyl (PCB) Waste (including only nonradioactive PCB Waste) will be estimated as set forth in Work Item 077-11-001.

B. The amounts and types of Hazardous Waste set forth in Work Item 077-11-001 will be based on the best information available at the time of contract award. PCB Waste or Hazardous Waste generated during the actual performance of the work may vary in type or amount from that listed in Work Item 077-11-001, which may result in an equitable adjustment in accordance with the "Changes" clause as set forth in Section H - Special Contract Requirement NAVSEA 5252.223- 9114 "Management and Disposal of Hazardous Waste," and Section C clause “Non-Radioactive PCB Waste.” Some of the items listed in Work Item 077-11-001 may be neutralized, recycled, or otherwise removed from the requirements of the Resource Conservation and Recovery Act (RCRA). Inclusion of the items in Work Item 077-11-001 does not preclude the Contractor from taking action consistent with the RCRA or the Toxic Substances Control Act (TSCA) to reduce or eliminate the hazardous constituents of any waste required to be disposed of under this contract.

NAVSEA REFERENCE NUMBER: 0034

SHIP/PROGRAM: CVN 68 and CVN 78 Class Ships - N00024-14-R-4306

SPECIFICATION NO: RFP, Exhibit A, B and C_CDRL Lists PARAGRAPH NO. A088

TITLE: Integrated Program Management Report PAGE NO. Block 4

QUESTION:

Block 4 of CDRL A088 states that “Government will provide tailored down DID for each availability.” Can the Government provide examples of a tailored down DID for each type of availability?

DO NOT WRITE BELOW THIS LINE ---- (SPACE BELOW FOR GOV'T USE ONLY)

ANSWER: CDRL A088 has been deleted from Exhibit A. See Amendment 0003. An updated Exhibit A will be provided in a subsequent amendment.

NAVSEA REFERENCE NUMBER: 0035

SHIP/PROGRAM: CVN 68 and CVN 78 Class Ships - N00024-16-R-4306

SPECIFICATION NO: RFP Section L PARAGRAPH NO. C. 2.

TITLE: Proposal Assumption PAGE NO. 187

RFP Section L, C. 2. titled Accomplishment Availability CLINs states “Execute Availability CLINs (reference Table L-3) shall be priced utilizing the Independent Government estimate (IGE) for labor hours and material costs,…..” The referenced Table L-3 contains a note “See Table L-6 below for man-hour and material estimates”. Table L-6 located on page 189 of the RFP does not contain an 897 work item for Execution Administration and Support Services (Program Management). Is it the Government’s intention to exclude 897 Execution Administration and Support Services (Program Management) costs from the costs proposed for the Availability CLINs detailed in Table L-3?

DO NOT WRITE BELOW THIS LINE ---- (SPACE BELOW FOR GOV'T USE ONLY)

ANSWER: The 897 work item will be added to the notional work package. This change will result in modifications to Attachment J-1, Table L-6 under Section L, and Attachment S-1 (Cost Exhibit L004). This information is not being issued at this time but will be provided as soon as possible in a subsequent amendment.

NAVSEA REFERENCE NUMBER: 0041

SHIP/PROGRAM: CVN 68 and CVN 78 Class Ships - N00024-16-R-4306

SPECIFICATION NO: RFP Section C PARAGRAPH NO. N/A

TITLE: Asbestos/Hazardous Waste and PCB Clauses PAGE NO. N/A

QUESTION:

The Contractor will potentially be handling Asbestos and Hazardous Waste and PCB during the performance of this contract. The solicitation does not contain the Asbestos and Hazardous Waste and PCB clauses typically found in maintenance type contracts. Recommend that clauses for Asbestos and Hazardous Waste and PCB be included in the solicitation.

DO NOT WRITE BELOW THIS LINE ---- (SPACE BELOW FOR GOV'T USE ONLY)

ANSWER: In addition to the language on Hazardous Waste and PCB Waste, as noted under the response to bidders’ question number 0024, the following language related to Asbestos and Non-radioactive PCB Waste has been added to Section C of the solicitation. See Amendment 0003.

Please note that CDRL A075, referenced in the language below, will be provided in a subsequent amendment:

ASBESTOS, POLYCHLORINATED BIPHENYLS (PCB'S) AND OTHER REGULATED

SUBSTANCES

A. For the purposes of this contract, regulated substances are those substances (excluding radioactive material) for which:

1. Applicable federal, state or local regulations, or the safety and health standards cited in Section C clause, HQ C-2-0016, "Department of Labor Safety and Health Standards for Ship Repair" may require special exposure control measures to protect worker health and safety, or

2. In the absence of the specific regulations and standards, the Contractor shall utilize Occupational Safety and Health Act (OSHA) recognized standards for identifying and controlling substances, and requiring special exposure control measures to protect workers in accordance with Section 5(a)(1) of Public Law 91-596 OSHA.

Such measures include, but are not limited to, respiratory protection, protective clothing, industrial hygiene surveys and workplace controls such as containment and ventilation.

B. The Government will remediate or reduce the amount of any identified substance determined to be in such concentrations as to require worker protection measures in the workplace environment as required by paragraph A to the extent such remediation or removal is feasible.

C. Despite the best efforts of the Contractor and Government personnel to anticipate and remediate any conditions where the workplace environment is affected by asbestos, PCB's or other regulated substances, the Contractor may nevertheless encounter unanticipated situations where worker protection measures are required. In this case:

1. The Contractor shall not be relieved of his duty to continue to perform the requirements of this contract, including taking any actions necessary to comply with Section C - General Requirement "Department of Labor Occupational Safety and Health Standards for Ship Repair."

2. Any Contractor effort, except for that specified in paragraph C.3. below, resulting from the actions of paragraph C.1. above shall be an allowable cost under this contract but shall not be the subject of equitable adjustment under the "Changes" clause of this contract.

3. Cost and/or schedule impact resulting from remediation measures (i.e. clean up) required by paragraph A. above and worker protection measures in a level greater than the worker protection measures the Contractor must employ to comply with paragraph C.1. above, shall be the subject of equitable adjustment under the "Changes" clause of this contract.

NON-RADIOACTIVE PCB WASTE

1. Non-Radioactive PCB Waste is any waste which contains polychlorinated biphenyls (PCBs) subject to the disposal regulations of 40CFR761, promulgated under the Toxic Substances Control Act (TSCA). Non-Radioactive PCB waste is defined as any item or material, containing concentrations of PCBs regulated for disposal, that is removed from service for disposal.

2. The Contractor shall not employ equipment or material which are known to or suspected of containing PCBs in the performance of any work under this contract. If the Contractor does introduce PCBs into the work process, the Contractor shall be the Generator (as defined by TSCA) of the resulting PCB waste.

3. Except as provided in paragraph 2 of this clause, the Government agrees that the Navy is the Generator (as defined by TSCA) of any PCB which is produced in the course of performing work under this contract by the servicing, repair, or removal of PCB waste from Government property.

4. The Contractor shall manage PCB Waste produced while performing contract work in accordance with 40CFR761 as applicable.

5. To the extent practical, materials shall not be mixed or adulterated with products which could cause the resulting waste to be subject to the requirements of TSCA.

6. The estimated quantity and the locations of any PCBs which might be encountered in the performance of any work under this contract will be identified and quantified in accordance with Section C - General Requirements “Asbestos, Polychlorinated Biphenyls (PCBs) and Other Regulated Substances” and “Hazardous Waste and PCB Waste”, including the Government providing documentation of potential PCB Waste to the Contractor as early as practicable. Other information relating to handling and disposition of PCBs or PCB Wastes, such as copies of Advisories and documentation of experience of other shipyards relating to PCBs shall be provided to the Contractor in a timely manner.

7. If during the preparation to perform any work under this contract, the Contractor identifies that PCB Waste may be generated, the Contractor shall notify the Contracting Officer as soon as practicable (CDRL A075) but shall continue preparation to perform work which may result in that generation and shall, if practicable, disassemble the materials to minimize the amount of PCB Waste generated. The notification should include type, amount, contract characteristics, and circumstances behind the potential generation of this PCB Waste, including alternatives to its generation.

8. For purposes of this contract, generation of PCB Waste occurs when an item containing PCBs is removed from service without intent to reuse it. Upon receipt of notification that PCB Waste has been, or will be generated, the Government and Contractor agree to cooperate to assure PCB Wastes are removed from the Contractor’s premises no later than thirty days of its generation.

The Contractor shall remove, manage, package, handle, accumulate, transport, and dispose of the PCB Waste unless the Government accepts custody and removes the PCB Waste within 30 days of generation. For transfers to Government facilities, to the extent practicable, the Contractor agrees to use consolidation to minimize the number of transfers. If, despite its best efforts, the Contractor is unable to transfer the PCB Waste to a licensed disposal facility within 30 days, the Government agrees to remove the wastes from the Contractor’s plant.

9. All documentation related to Navy-generated PCB Waste produced under this contract shall only bear the generic Generator Identification Number of 40CFR761.205(c) (1), unless applicable state law contains additional requirements under its authority to regulate hazardous wastes, in which case the Contractor shall also comply with the state requirements. The Contractor shall prepare and present manifests, as requested or required by applicable law, to the MARMC CVN Program Manager, with supporting documentation, for completion and approval by the Government.

10. The intent of this clause is to ensure that the Contractor does not assume any responsibilities for PCB waste management that would subject it to the requirements of a Commercial Storer of PCB Waste as defined in 40CFR761. However, if management of the PCB Waste in accordance with this clause results in the Contractor becoming a Commercial Storer of PCB Waste (as defined in 40CFR761) or suffering any additional cost and/or schedule impact to the Contractor, the Contractor shall be entitled to an equitable adjustment in accordance with the “Changes” clause of this contract.

11. Contract Adjustment - This contract shall be subject to adjustment pursuant to Section C - General Requirement “Hazardous Waste and PCB Waste”.

NAVSEA REFERENCE NUMBER: 0042

SHIP/PROGRAM: CVN 68 and CVN 78 Class Ships - N00024-16-R-4306

SPECIFICATION NO: RFP Section C PARAGRAPH NO. N/A

TITLE: Insurance Provisions PAGE NO. N/A

QUESTION:

In order to provide clarification to FAR clause 52.228-7 contained in Section I of the subject solicitation, offeror recommends adding the following clause: Additional Insurance Provisions Notwithstanding any other provision of the contract, for the purpose of the contact clause entitled “Insurance-Liability to Third Persons (FAR 52.228-7), the vessel, its outfit, supplies, equipment, the Valve Repair barge, and the property or equipment of Government personnel or Government contractors, other than (“the Contractor”) shall not be considered to be in the care, custody or control of the Contractor nor used by the Contractor.

DO NOT WRITE BELOW THIS LINE ---- (SPACE BELOW FOR GOV'T USE ONLY)

ANSWER: The recommended language will not be added to this RFP. The standard FAR clause 52.228-7 is sufficient.

NAVSEA REFERENCE NUMBER: 0046

SHIP/PROGRAM: CVN 68 and CVN 78 Class Ships - N00024-14-R-4306

SPECIFICATION NO: RFP SF 33 PARAGRAPH NO. Block 9

TITLE: Extension of Proposal Due Date PAGE NO. 1

The RFP was issued on October 30, 2015 with a January 6, 2016 proposal submittal due date.

This time period encompasses both the Thanksgiving and Christmas Holiday periods which limits the time for obtaining and analyzing information from prospective subcontractors, overall proposal development and the availability of key management for proposal reviews. Additional time will ensure that all offerors will be able to submit a fully compliant proposal that meets the solicitation requirements and provide the best value/pricing to the Government. Offeror recommends that the proposal due date be extended 2 weeks to January 20, 2016.

DO NOT WRITE BELOW THIS LINE ---- (SPACE BELOW FOR GOV'T USE ONLY)

ANSWER: The Government extends the deadline for the proposal due date by one week to 13 January 2016. Please see Amendment 0003. The CVN Private Sector Maintenance contract award schedule is on an extremely tight timeline, therefore, submission of a qualified proposal is critical. It is the Government’s intent to award without entering into discussions.