N0016720R0019 _QandA_15July2020.pdf
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- Attached to
- Ballast Water Treatment Systems
- Solicitation number
- N0016720R0019
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This document contains questions and answers related to a solicitation for engineering design, manufacturing, delivery, testing and evaluation of two Ballast Water Treatment Systems (BWTS) for Navy surface vessels. The solicitation requests one Compact and one Standard Ultraviolet BWTS based on existing US Coast Guard type approved designs. Questions cover data item descriptions, distribution controls, configuration management, vessel specifications, general arrangement drawings, export regulations, pricing details, payment terms, license rights, and inconsistencies in contract clauses. Offerors are allowed to partner with BWTS manufacturers and can extend the proposal submission deadline to August 24, 2020. The Naval Sea Systems Command is the issuing agency.
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N00167-20-R-0019 Questions and Answers
15 July 2020
QUESTION 1: I assume the most current Data Item Descriptions available on the DLA Quicksearch site should be used for all CDRL submittals. Correct?
ANSWER 1: No, use the version of Data Item Description (DID) that is cited in each CDRL.
QUESTION 2: Several of the CDRLs reference the same DI. E001 and E005 both reference DI-MISC-80508B, and E002, E003 and E006 all reference DI-SESS-80776B. Just confirming that this is as intended.
ANSWER 2: Yes, use the DIDs as cited in the CDRLs.
QUESTION 3: I’ve noted that CDRL submittals are to be marked Distribution C; for use by US government agencies and their contractors. It is our intention to subcontract to a US company. Will this contractor be allowed to share data and reporting requirements with its sister company located outside of the US?
ANSWER 3: Distribution C allows the data to be shared with any government agency and any government contractor in any location.
QUESTION 4: Does approval to share data per the above question also cover export (ITAR) considerations? Or do I need to pursue this separately with the Department of State?
ANSWER 4: ITAR does not apply to this requirement.
QUESTION 5: (3.1.4.)Is there a preferred Configuration Management (CM) system?
ANSWER 5: No, the Government does not have a preferred CM system. Per Section C Descriptions and Specifications paragraph 3.1.4, the Offeror is responsible for establishing a CM program that implements the guidance contained in MIL-HDBK-61A(SE).
QUESTION 6: (3.2.1.) We will need the GWT to ensure that the weights and balances are necessary, otherwise this could save the Navy money.
ANSWER 6: Per Section C Descriptions and Specifications paragraph 1.2, the contract states “... demonstrate BWTSs for potential use on Navy surface vessels. The design of the BWTS shall be based on existing design(s) of a US Coast Guard (USCG) type approved BWTS.” Section C Descriptions and Specifications paragraph 3.2.1 refers to the Compact BWTS Detailed Design Analysis Report. The BWTS shall be designed for a spectrum of vessel types with a range of Gross Weight Tonnage(GWT).
QUESTION 7: General Questions - What type of vessel are we bidding on? What is the purpose of the Compact BWTS? We have a partnership with a manufacturer that produces skid-mounted compact systems that are currently in stock. Are GA drawings available to us? We will sign a NDA, if necessary.
ANSWER 7: Per Section C Descriptions and Specifications paragraph 1.2, the contract states “... demonstrate BWTSs for potential use on Navy surface vessels. The design of the BWTS shall be based on existing design(s) of a US Coast Guard (USCG) type approved BWTS.” The design will not be developed for a specific Navy vessel, therefore, ship General Arrangements drawings will not be needed for the Detailed Design Analysis Report.
QUESTION 8: Will the Government please explain why the CDRLs require ITAR restrictive legends on deliverable documents?
Based on our communication with the Directorate of Defense Trade Controls (DDTC), BWTS for naval vessels are classified Export Administration Regulations (EAR) 99. We note that all but one Coast Guard approved BWTS using ultraviolet was developed in a foreign country. Participation of foreign nationals in the development of at least some of the CDRLs will benefit the Government.
ANSWER 8: The Export Control Warning Notice will be removed from the CDRL.
QUESTION 9: Attachment 7 requires a fixed rate [estimate] from each person/labor category for each CLIN. Section M.3.2 requires that Offerors propose escalation. Since Attachment 7 does not provide the ability to show how an Offeror has incorporated escalation into the rates, should the Offeror show the calculation of the effective rate for each position shown in Attachment 7 as part of the cost narrative in Volume 3? We note that this could result in up to 15 different rates for a single individual since the period of performance for each CLIN is potentially different.
ANSWER 9: The period of performance is 5 years, therefore offerors should proposed no more than five rates for each individual, one for the base year and escalated rates for the subsequent 4 years.
QUESTION 10: Will the Government please provide additional guidance as to the expected schedule? Because the Offeror must reflect inflation in the labor rates, and potentially escalation in the material cost, the estimated cost for each CLIN will depend on when we assume the Government exercises the option.
ANSWER 10: Section L.1.2 provides the estimated start date.
The contract period of performance is five years; refer to Section F for CLIN delivery dates, QUESTION 11: Will the Government consider removing the requirement to complete Attachment 8? Providing proof of compensation is not typical in completion-type contracts. It is also possible that providing such documentation violates the privacy laws of countries in which some potential subcontractors are located.
ANSWER 11:
No changes. In accordance with Attachment 8, the contractor may provide payroll data, or rates from salary.com or any economic research institute.
QUESTION 12: The Government is requesting pricing for 15 CLINs spread over a 5-year period of performance. Two of those CLINs require the manufacture of BWTS system to a design that we must first scale-up and then the Government must review and approve.
To obtain the required pricing back-up for these CLINs we must first develop a bill of materials and then submit that to our vendors for bid. Pricing is therefore a complex undertaking that will take several weeks. We request that the Government please extend the proposal submission deadline to 28 August 2020. We note that 60, or even 90 day, response times are typical for DoD contracts requiring hardware development.
ANSWER 12:The Government will extend the proposal submission deadline to 24 August 2020 See Amendment 0001.
QUESTION 13: With respect to the implementation Section I, DFARS 252.227-7013, 252.227-7014, and 252.227-7015, Alt 1 can the Government describe the procedures it plans to use with respect to license rights for data and/or computer software developed exclusively at private expense that may be incorporated into deliverables under the prospective contract?
ANSWER 13: The Government will obtain only limited license rights for data and/or computer software developed exclusively at private expense that may be incorporated into deliverables under the prospective contract.
QUESTION 14: B-232-H003 PAYMENTS OF FEE (S) (COMPLETION)
(NAVSEA) (OCT 2018) and G-216-H001 FIXED FEE WITHHOLD--FAR 52.216-8 CLARIFICATION (NAVSEA) (OCT 2018) appear to be inconsistent. Is the intent that the “TBD” in B-232-H003(b) be 15% and that the limitations within G-216-H001 would apply?
Perhaps deletion of B-232-H003 would satisfy the Government’s intent.
ANSWER 14: No changes, the clauses are not inconsistent. B-
232-H003 PAYMENTS OF FEE (S) (COMPLETION) (NAVSEA) (OCT 2018)
identifies the percent of allowable cost represented by the fee awarded to the contractor. G-216-H001 FIXED FEE WITHHOLD--FAR 52.216-8 CLARIFICATION (NAVSEA) (OCT 2018) states the Government shall withhold 15% of each fixed fee payment starting with the first invoice submitted until a total of $100,000 of fixed fee has been withheld.
QUESTION 15: In reading your contract could you advise if it is for either the design and manufacturing of a new Ballast Water Treatment system for the Navy to use, or if the contract is for a contractor to obtain an already USCG approved system, and to base the design and installation around a certain Navy vessel?
ANSWER 15: Per Section C Descriptions and Specifications paragraph 1.2, the contract states “... demonstrate BWTSs for potential use on Navy surface vessels. The design of the BWTS shall be based on existing design(s) of a US Coast Guard (USCG) type approved BWTS.” The design and installation is not based around a certain Navy vessel.
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