Norfolk Super Servmart N0018925R0043 Remaining Questions and Answers.pdf

32. Service Contract Act: The RFP includes the following FAR clauses related to the Service Contract Act:

52.222-41, Service Contract Labor Standards (AUG 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-- Price Adjustment (MAY 2014)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022)

The RFP is primarily for the sale of commercial supplies to US Government customers. All purchases are for the sale of items, not the sale of services. The catalog to be provided is a list of items for sale. Further, the Attachment 5 (Test Market Basket and Total Material Price) used under Factor IV – Pricing consists solely of supplies, no services. As such, the Service Contract Act should not apply.

Per FAR 22.1003-1, the Service Contract Act “does not apply to individual contract for services in contracts not having as their primary purchase the furnishing of services.” Further, the current contract does not contain the Service Contract Act, and the Performance Work Statement is nearly identical to the RFP. Based on the PWS, the RFP is not primarily for the furnishing services.

Based on the above, please remove the included Service Contract Act clauses.

A: Please see Amendment 0018, which removes the aforementioned clauses/provisions.

33. PWS Section 2.1.2 – Items within Catalogs. Per PWS 2.1.2, only items found in the contractor’s catalog shall be offered for sale.

Further, the catalog is only able to be updated quarterly. With the current foreign trade policy and tariff changes occurring nearly constantly, suppliers are being forced to change items and their sourcing constantly as well. Items are being added, discontinued, and superseded with the country of origin changing with little to no warning. The restriction to only offer items with the exact part number in the contract catalog – which is only updated quarterly – is a significant difficulty in the current environment.

Due to the constantly changing part numbers, we request that items found in the contractor’s catalog and “Brand name or equal” be offered for sale. This change would be in line with guidance under PWS Section

3.2.1 and follow FAR 52.211-6. As such, all such items would still be within the scope of the contract and would address the changing part numbers and supplier sourcing under the current environment with supplier sourcing and assist in continuing to meet TAA/BAA and similar DFARS clauses.

A: The Government is unable to change this requirement due to DFARS clause 252.211-7003, Item Unique Identification and Valuation, which has a $5,000.00 threshold.

36. Attachment 3 – Prohibited Items. Attachment 3 lists Norfolk Super Servmart Prohibited Items to include, “Items with a unit price of $5,000.00 or greater”. The unit price limitation has been unchanged for nearly 15 years. With 15 years of inflationary pressure and recent tariff-related price increases and greater focus on products made in the USA, we request increasing the unit price limitation to $10,000.

A: The Government is unable to change this requirement due to DFARS clause 252.211-7003, Item Unique Identification and Valuation, which has a $5,000.00 threshold.

37. Purchase Methods. Per PWS 2.2, the purpose of the contract is to provide material to all U.S. Naval activities in the Hampton Roads area, as well as other U.S. Government agency personnel and visiting foreign country naval vessels. Further, “the purchase of supplies and equipment will only be made using the U.S. Government purchase card as method of payment, NAVSUP FLC Norfolk-issued delivery orders, or foreign country official purchase or credit cards.” Per PWS 3.0, “All fleet and shore activities will utilize the Government purchase card as a method of purchase and payment for all orders up to the micro-purchase threshold and method of payment for all orders up the simplified acquisition threshold.” To better serve the contract intent, we request that the language in the contract be amended like other base supply centers administered by NAVSUP FLC in the Hampton Roads area that allow for MILSTRIP or similar payment methods directly from commands.

47. Is the Navy / NAVSUP planning to invest in building repair? Based on the walk through, water was seen throughout the space. Vendor inventory is at risk of damage, as well as staff working in unsafe conditions. Who would be liable for damaged product due to building conditions? If a proposal includes a respondent making investments to the location to address these issues and improve the shopping experience, will that be considered and positively weighed as part of the evaluation?

A: NAVSUP FLC Norfolk did fund this project late last FY. The project will replace the roof, windows up in the upper warehouse areas, and missing insulation. Project is anticipated to conclude 17 December 2026 but the government is not making a commitment or a promise that date will be met. Once the roof is repaired, NAVSUP can start working on the other issues to bring the building to a higher standard but cannot provide any guarantee on what specific items or a timeline. With regards to liability, the government cannot provide you legal advice as to how a hypothetical future scenario would be resolved. If you have legal questions or concerns, you are encouraged to consult your own attorney.

57. Please list the elements of the building infrastructure that are considered by the Navy to be beyond its responsibility to repair/replace?

A: Anything can be repaired or replaced with the proper amount of funding, much like the roof and windows;

however, approved funding has to be obtained through proper channels.

60. Please provide the current status of facility-related PWC work orders for Building W-135, identifying those still pending action or decision, and those completed during the current contract period.

A: Once the roof is repaired the plan of action is to initiate the maintenance requests for the additional items that need to be addressed in order to bring the building to a higher standard, but that can only be executed with proper funding and approval. The next planned items are Bathrooms, entry doors, roll-up doors, SERVMART sign, and some walls. Also see answers to question 39 and 47.

62. The Navy is prepared to provide four days for a transition between contractors. We believe the renovations needed to transform the store into the Navy’s envisioned space—and to ensure a safe, welcoming environment for both customers and employees—will require significantly more than four days to complete. Will the Navy extend that transition period to allow for professional and appropriate repairs, renovations, and the installation of a high-quality retail space?

A: Please see Amendment 0017 which updated the transition.

64. To support the 60-day go-live schedule, can the approval process outlined in Section 5.0k of the PWS accommodate an expedited review and approval of contractor-funded improvements that are critical to the successful launch of the Servmart?

A: This can be determined with a kick-off meeting post-award.

73. Please clarify the shelf count requirement. Section 1.1 states the contractor typically stocks 7,000 to 9,000 items in the walk-in store. Section 3.0 states the contractor shall maintain a minimum stock of 4,000 items. Are these numbers inclusive of both on-hand and catalog items? If not, is the contractor expected to have a minimum of 4,000 unique items physically in the store at all times?

A: The contractor is required to maintain an in-store stock of all items within the Never-Out List which can be included in the minimum stock of 4,000 items. The Never-Out List must be stocked in store not just on catalog.

86. For items identified as essentially the same (ETS) in comparison to AbilityOne products, is Norfolk Super Servmart required to comply with ETS requirements? ETS to AbilityOne refers to a commercial product deemed Essentially the Same (ETS) as a product on the AbilityOne Program's Procurement List, meaning it has the same fit, form, and function. Under the Javits-Wagner-O'Day (JWOD) Act, federal agencies are required to purchase products from the mandatory AbilityOne Procurement List and are prohibited from buying commercial items that are ETS, unless a waiver is granted.

A: The items cannot be ETS but shall be the AbilityOne items specified via the NSN.

87. MB No. 221 Is essentially the same (ETS) to AbilityOne NSN 8105-01-517-1364. Is Norfolk Super Servmart required to comply with ETS requirements?

88. MB No. 229 Is essentially the same (ETS) to AbilityOne NSN 8105-01-517-1364. Is Norfolk Super Servmart

89. MB No. 239 Is essentially the same (ETS) to AbilityOne NSN 7510-01-519-5771. Is Norfolk Super Servmart

90. MB No. 248 Is essentially the same (ETS) to AbilityOne NSN 7520-00-043-3408. Is Norfolk Super Servmart

91. MB No. 249 Is essentially the same (ETS) to AbilityOne NSN 7520-01-511-4324. Is Norfolk Super Servmart

92. MB No. 251 Is essentially the same (ETS) to AbilityOne NSN 7520-00-973-1059. Is Norfolk Super Servmart

93. MB No. 257 Is essentially the same (ETS) to AbilityOne NSN 7530-01-398-2652. Is Norfolk Super Servmart

95. MB No. 262 Is essentially the same (ETS) to AbilityOne NSN 7520-01-574-5970. Is Norfolk Super Servmart

96. MB No. 266 Is essentially the same (ETS) to AbilityOne NSN 7510-01-519-5771. Is Norfolk Super Servmart

209. Will the Government provide the most recent building inspection reports, maintenance logs, and condition assessments to help establish the baseline “operating condition” of facilities and systems?

A: The Government is unable to provide at this time.