Exhibit F Section J_RFI NOTICE 01_N4019220R18200_FINAL.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND MARIANAS

PSC 455, BOX 195

FPO AP 96540-2937

IN REPLY REFER TO:

“KNOW SAFETY, NO MISHAPS”

RFP Section J - Exhibit F

N4019220R1820 10 September 2020

SOLICITATION N4019220R1820; ENVIRONMENTAL COMPLIANCE INDEFINITE

DELIVERY INDEFINITE QUANTITY (IDIQ) SERVICES AT JOINT REGION MARIANAS

(JRM), GUAM

REQUEST FOR INFORMATION (RFI) NOTICE 01

Question (Q) 1: Please reference Para M.1 and Defense Federal Acquisition Regulation Supplement:

Restrictions on Use of Lowest Price Technically Acceptable Source Selection Process (DFARS Case 2018-DO10)- Final Rule: - Para M1 of Solicitation states that the award of the contract will be to the offeror submitting the "Lowest Price, Technically Acceptable Offer" (LPTA). The use of LPTA for this procurement appears to be in conflict with DoD's Final Ruling on the use of LPTA's. Please reference Federal Register /Vol. 84, No. 187 /Thursday, September 26, 2019 /Rules and Regulations; DoD issued a final rule amending the Defense Federal Acquisition Regulation Supplement to implement sections of the National Defense Authorization Acts for Fiscal Years 2017 and 2018 that establish limitations and prohibitions on the use of the lowest price technically acceptable source selection process that became effective on October 1, 2019. Please provide clarification on the use of LPTA for this solicitation since it is in conflict with DoD's Final Ruling to establish limitations and prohibitions on the use of LPTA's.

The following NAVFAC PAC Environmental Compliance IDIQs have been procured multiple times using qualification based selection process:

N6274217D1802 – EC – EV12a – Element Environmental LLC N6274216D1800 – EC- EV11 – Engineering Concepts Inc

Please provide clarification on why previous contracts with similar scope through the same agency have been issued as a qualifications based selections and the current IDIQ is a LPTA based selection?

Response (R) 1: The use of lowest price technically acceptable (LPTA) source selection process is not in conflict with the referenced DFARS PGI 215.101-2-70 Limitations and prohibitions. This solicitation will be a performance-based service contract where the work is predominantly services that do not require performance by a registered or licensed architect or engineer. The requirement is the same or similar services currently provided under a performance-based service contract.

As published in the Federal Register/Vol. 84, No. 187, each requirement has a unique set of circumstances that is considered when developing a source selection approach. The LPTA source selection process is a valuable part of the best value continuum and used to facilitate an effective and competitive acquisition approach, depending on the circumstances of the acquisition. The LPTA process is selected as appropriate for this acquisition because minimal value will be realized from a proposal that exceeds the minimum technical or performance requirements.

Q2: Is it possible to provide current staffing levels for the EV Compliance Group?

R2: Current staffing levels are not known. Offerors are expected to execute an approach that will meet the performance requirements prescribed in the RFP.

N4019220R1820;

Section J – Exhibit F; RFI NOTICE 01

Q3: Can projects be in progress or must they be 100% complete?

R3: Recent projects are those that have been completed within five (5) years of the issuance date of this solicitation. All projects must be 100% complete. Refer to RFP Section M, Paragraph M6, c. Factor 1 – Experience (1)(ii).

Q4: In which volume and where should the Offeror include Representations and Certifications and evidence of filing a VETS-4212 report?

R4: By submission of offers, contractors represent that they have submitted the most recent reporting requirements. No separate submittal is required. Refer to provision FAR 52.222-38 Compliance with Veteran’s Employment Reporting Requirements.

Q5: Are there any restrictions on font type and font size for graphics? Do graphics also need to use

10-point or larger font?

R5: No. Font limitations do not apply to graphics, captions, or tables.

Q6: Please confirm that all JV partners must provide at least one relevant experience project, which is in line with the requirements for the previous Hazardous Waste, Hazardous Material, Other Regulated Waste, and Spill Response at Joint Region Marianas, Guam. (Ref: Section M.5.d, Par.

1, Page 54)

R6: If the Offeror is a joint venture, relevant projects performed by the joint venture should be submitted; however, if there are no relevant projects performed by the joint venture, relevant projects may be submitted for either joint venture partner, subject to the maximum limitation specified elsewhere in this solicitation. Refer to Section M.5(d).

Q7: The PWS references numerous permits, plans, authorizations which provide detailed requirements. Will these documents be posted for review? (Ref: ATT JC-1_Performance Work Statement)

R7: The Government may provide the existing permits for informational purposes only.

Offerors are expected to execute an approach that will meet the performance requirements prescribed in the RFP. (RFI Attachment 1 – Deferred for future RFI Notice)

Q8: Please clarify if the government will be providing furnished facilities for Environmental Annex offices on NGB and/or NSAA? Currently, Section C – 0200000 Management and Administration notes Government Furnished Facilities (GFF) as “none”. (Ref: PWS Spec item 2.4.1)

R8: The Government will not be providing furnished facilities for Environmental Annex offices for NBG or NSAA.

Q9: Spec. Item 2.10.2.1 Sampling, Testing, and Laboratory Services - Section C – 0200000

Management and Administration - The PWS requires routine analytical services which are currently being performed in part by the Navy Lab. Will the on-island Navy Lab be available for use for selected analytical services under this contract? If yes, please provide analytical methods the lab can be used for? (Ref: PWS Spec. Item 2.10.2.1 Sampling, Testing, and Lab Services)

R9: The Navy Lab will not be available for use.

Q10: ELIN A141 & 142: The government is requesting a unit cost to prepare Department of the Army

Permit Application and Clean Water Act (CWA) Section 401 Water Quality Certification with no specificity as to the type of project. ELIN A141 further identifies information to accompany “USACE permits” (plural used) which is more than the estimated quantity of 1 for each ELIN.

No specificity as to the type of project is provided, but notes “including but not limited to dredging projects”. The project action e.g. cut, fill, etc., scope and scale of the project will dictate level of complexity for the permit requirements. Additional details on a project type or a line item should be considered to properly evaluate this ELIN. (Ref: Exhibit A-E Section J- 1800000-03_ Exhibit Line Item Numbers; ELIN A141 & 142)

R10: There are no specific or scheduled projects known at this time. ELIN A141 and ELIN

A142 are non-recurring work requirements. Anticipated projects shall require a medium to high level of complexity. If projects involve dredging, backfilling and excavation near waters, then an Army Corps of Engineers 404 permit is needed.

The USACE application shall be prepared as per application instructions. If required, the Water Quality Monitoring Plan at a minimum shall document contractor's in-water and near water work plan and equipment specifications, BMPs and control measures for mitigating impacts to marine and terrestrial resources, water quality monitoring parameters and frequency, establishment of thresholds triggering corrective action to BMPs, thresholds prompting notifications to regulatory agencies, monitoring data and other project reporting and notification requirements.

Q11: ELIN A142 further indicates a Water Quality Monitoring Plan should be prepared “if required”.

As noted above, the project action e.g. cut, fill, etc., scope and scale of the project will dictate level of complexity for the permit requirements. Additional details on a project type or a line item should be considered to properly evaluate this ELIN. (Ref: Exhibit A-E Section J-1800000- 03_ Exhibit Line Item Numbers (ELINs); ELIN A142)

R11: There are no specific or scheduled projects known at this time. ELIN A142 is a non-recurring work requirement. Anticipated projects shall require a medium to high level of complexity. Water Quality Monitoring Plan shall only be prepared if project is identified and scheduled. This plan is mandated by the issuance of Section 401 Certification by Guam EPA.

The USACE application shall be prepared as per application instructions. If required, the Water Quality Monitoring Plan at a minimum shall document contractor's in-water and near water work plan and equipment specifications, BMPs and control measures for mitigating impacts to marine and terrestrial resources, water quality monitoring parameters and frequency, establishment of thresholds triggering corrective action to BMPs, thresholds prompting notifications to regulatory agencies, monitoring data and other project reporting and notification requirements.

Q12: ELIN A147: NPDES Discharge Monitoring Report (DMR) (ELIN) is identified as Non-

Recurring. Please clarify why required and recurring Discharge Monitoring Reports (DMRs) are considered Non-recurring? (Ref: Exhibit A-E Section J-1800000-03_ Exhibit Line Item Numbers (ELINs); ELIN A147)

R12: Refer to ELIN A027, which has NPDES DMR as a recurring requirement.

Q13: ELINs A064 & A258: Solid Waste Management Recordkeeping and Documentation (NBG and NSAA) - Please clarify maintenance of “all official SWM documents required by the Navy by for the life of the contract”. Does the government require maintenance in hardcopy, electronic, both form? The level of maintenance required will dictate the labor class, level of effort, and any other direct costs. If this data is unavailable or unknown, please consider an ELIN allowance for this line item for appropriate evaluation. If this data is known please provide:

• Preferred maintenance method e.g., hardcopy, electronic, both

• Number of Requests

• Number of Data calls

• Number of Audits

• Number of Regulatory Requests

• Number of Public inquiries (Ref: Exhibit A-E Section J-1800000-03_ Exhibit Line Item Numbers (ELINs); ELIN A106 & A258)

R13: ELINs A064 and A258 are to maintain official solid waste program documentation and records, which includes those documents specified in the Solid Waste Management and Resource Recovery section of RFP, Exhibits A-E, Section J-1800000-03 Exhibit Line Item Numbers (ELINs) of this solicitation. Records shall be maintained in hardcopy and electronic form, and provided when requested by the Government.

Q14: Landfill Topographical Survey – Please provide details on the class of survey required for the annual topographic survey? The class of survey will dictate the level of precision and associated control, labor, equipment, etc. (Ref: Exhibit A-E Section J-1800000-03_ Exhibit Line Item Numbers (ELINs); ELIN A260)

R14: Annual topographic survey of the Naval Base Guam landfill complex encompasses approximately 60 acres and shall include contours and elevations of the landfill complex to include waste disposal areas; identification and delineation of property boundary, waste disposal area, office/site facilities, and monitoring wells locations.

All survey work shall be in accordance with National Oceanic and Atmospheric Administration (NOAA), Federal Geodetic Control Committee, Standards and Specifications for Geodetic Control Networks. The horizontal accuracy for the location of all grid intersection and planimetric features shall be (±) 0.1 feet. The vertical accuracy for ground surface elevations shall be (±) 0.1 feet. Benchmark elevation accuracy and elevation of other permanent features, including monitoring wellheads, shall be (±) 0.01 feet.

Reference surveys to the local established coordinate systems. Reference surveyed points to mean sea level (lower low water level). All distances and elevations are in feet, unless otherwise noted. Attached are the following enclosures for informational purposes:

Unified Facilities Criteria, UFC-3-201-01, Change 3; facilities criteria (FC) Navy and Marine Corps Design Procedures; and previous existing topographic survey maps of NBG landfill. (RFI Attachment 2 – Deferred for future RFI Notice)

Q15: Post-Closure Care and Monitoring of NSAA MSWLF Cells 1&2– Our understanding is that this

Post Closure Monitoring and Maintenance Plan has been submitted for approval but not approved. Since the plan is unapproved at this time and no details on the requirements are provided, please consider providing an allowance for this ELIN line item. (Ref: Exhibit A-E Section J-1800000-03_ Exhibit Line Item Numbers (ELINs); ELIN A265)

R15: Although the Post-Closure plan is pending approval, please refer to information provided in Exhibits A-E Section J-1800000-03_Exhibit Line Item Numbers (ELINs), ELIN A265.

The Government will provide Post Closure Care and Maintenance Plan for informational purposes. (RFI Attachment 3 – Deferred for future RFI Notice)

Q16: NPDES Compliance Monitoring and Sampling Analysis – Please clarify if the ELIN includes sampling? The verbiage covers assessment and sampling analysis, but it is unclear if it includes physical sample collection or is that performed by others or elsewhere? (Ref: Exhibit A-E Section J-1800000-03_ Exhibit Line Item Numbers (ELINs); ELIN A028)

R16: ELIN A028 NPDES Compliance Monitoring and Sampling Analysis includes physical sample collection.

Q17: Clarification needed: Will Government accept a Prime A-E’s PPQ for us, a subcontractor? We conducted work under a NAVFAC AE contract (as a team sub), but there is a confusion about only the User’s/Owner’s representative can evaluate performance and sign a PPQ, and the prime A-E cannot evaluate a subcontractor. (Ref: ATT JL-3 NAVFAC Past Performance Questionnaire Form PPQ-0)

R17: No. The client for the project is NAVFAC or its user/owner representative and not the prime A-E firm.

Q18: Management and Administration:

1. It is anticipated that the incumbent has developed tracking systems for plans and permits. We assume that the current tracking systems will be made available for the new contractor. Please confirm.

2. Regarding plan preparations, should we assume the same in which exiting plans will be made available for new contractor to review and enhance?"

(Ref: "ATT JC-1 PWS; Paragraph: Section C 0200000; Page number: 6 of 149)

R18:

1. Offerors are expected to execute an approach that will meet the performance requirements prescribed in the RFP.

Refer to RFP Section J, Attachment JC-1 Performance Work Statement, Attachment J- 1800000-01, Attachments J-1800000-04: List of Environmental Permits for Naval Base Guam and Andersen Air Force Base, and J-1800000-05: Regulatory, DoD, and Navy Required Environmental Regulatory Agencies Example.

2. Refer to RFI response No. 7.

Q19: NPDES Sampling:

1. Would Government provide NPDES discharge locations requiring permitting, as part of the current solicitation? If so, what are the numbers, types, and location of each?

2. How many locations are currently permitted, require sampling at this time?

3. What is the location of each permitted facility and required testing parameters monthly, quarterly and annually?

4. Would Government provide a copy of the existing permits available for review to prepare this solicitation?

(Ref: ATT JC-1 PWS Section C, Paragraph: 3.1.4.1 Clean Water Ashore Inspections, Monitoring and associated Reports; Page number: pp. 49-50 of 149)

R19: The Government will provide NPDES permits, which will include the information requested above. (RFI Attachment 1 – Deferred for future RFI Notice)

Q20: Breathing Air Testing at the Dive Locker Locations:

1. Which testing standard must be used to test the air, for example: PADI, AS/NZS, BSEN, CGAD, CGAE, and/or CSA Z180.1?

2. Is it for diving breathing air only? Or is there Notrox I, or Nitrox II testing required also?

(Ref: ATT JC-1 PWS Section C 1800000, Paragraph: 4.36 Air Sampling and Analysis; Page number: 132 of 149)

R20: 1. Current Air Sampling and Analysis dive locker requirements are found in The US

Navy’s Diving Breathing Air Standards as described in the US Navy Diving Manual Revision 7; which is a public document available online.

2. Diving Breathing Air

Q21: ASTs: Will Government provide a master list of ASTs, locations, sizes, etc., which can be reviewed to prepare this proposal? (Ref: ATT JC-1 PWS Section C 1800000, Paragraph: 4.36 Air Sampling and Analysis; Page number: 132 of 149)

R21: The Government will provide the requested master list of ASTs for information purposes only. (RFI Attachment 4 – Deferred for future RFI Notice)

Q22: Environmental Compliance Permitting:

1. How many sites need permitting? May we have a list of required permits per facility location for review for this solicitation?

2. May we have a list of existing permitted facilities and types of permits to be serviced under this solicitation?

(Ref: ATT JC-1 PWS Section F Annex 1800000; Paragraph: 3.1)

R22: Offerors are expected to establish an approach that satisfies the requirements of the RFP.

Please refer to RFP Section J, Attachment JC-1, Section J-1800000 of the solicitation which includes Attachment J-1800000-04 List of Environmental Permits for Naval Base Guam and Andersen Air Force Base.

Q23: EPCRA Tier I and Tier II: May we have an inventory of EPCRA Tier I and Tier II Facilities and a copy of existing EPCRA reports for review for this solicitation? (Ref: Section C - 1800000 Paragraph: 4.35 Emergency Planning of Community Right-to-Know Act (EPCRA) Management Plan, Permits, associated, surveys and related studies; Page number: 98 of 149)

R23: The Government will provide the requested EPCRA Tier I and Tier II reports for information purposes only. (Attachment 5 – Deferred for future RFI Notice)

Q24: NEPA Umbrella:

1. Does Government anticipate NEPA CatEx class of action only?

2. Any compliance work anticipated with Section 7 Endangered Species Act (ESA) or Section 106 National Historical Preservation Act (NHPA)?

(Ref: Section C – 1800000 Paragraph: 4.6 National Environmental Policy Act (NEPA) survey, assessments, and related studies; Page number: 65 of 149)

R24:

1. ELIN A091, NEPA Review and Associated Documentation for Proposed Actions (CATEX), is for Categorical Exclusion actions only.

2. Section 7 Endangered Species Act (ESA) or Section 106 National Historical Preservation Act (NHPA) are not anticipated.