N4019221R2800_Phase One RFI Notice 2.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND MARIANAS

PSC 455, BOX 195

FPO AP 96540-2937

N40192-21-R-2800 Phase One Notice 2

04 June 2021

PHASE ONE NOTICE 2

PRE-PROPOSAL REQUESTS FOR INFORMATION AND RESPONSES

SOLICITATION N40192-21-R-2800

SMALL BUSINESS DESIGN-BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT

VARIOUS LOCATIONS, GUAM

QUESTION 12: Reference Design Experience in Factor 2 Experience of RFP Part 1, SF1442 Section 00 22 16. Please advise if we propose multiple Lead Design Firms.

Answer 12: No. Factor 1 Technical Approach requires Offerors to specifically identify one (1) Lead Design Firm (LDF) for this contract.

QUESTION 13: If the firm is being considered under HUBZone DBMACC, does it preclude this firm from proposing under this SB DBMACC?

Answer 13: No. Firms being considered under the HUBZone DBMACC may participate in this solicitation.

QUESTION 14: Reference Factor 4 Past Performance of RFP Part 1, SF1442 Section 00 22 16. Are design firms allowed to submit a CPAR given to their sister construction company who was the prime on the design-build project to satisfy design project evaluation criteria?

Answer 14: No. A PPQ should be submitted by the design firm. On a design-build contract, the design firm is a subcontractor. Therefore, the Prime contractor on a design-build contract should complete the Design PPQ as the client.

QUESTION 15: Reference Factor 4 Past Performance of RFP Part 1, SF1442 Section 00 22 16. Since there is not a separate CPAR provided by the Government for the design portion of the project, are design firms allowed to submit PPQs completed by their prime construction contractors, including their sister companies?

Answer 15: Yes. Refer to Question 14. However, contractors must ensure objectivity and shall not evaluate their own performance as there is a potential organizational conflict of interest. Refer to FAR 9.5 Organizational and Consultant Conflicts of Interest.

QUESTION 16: Reference Paragraph 9 Pre-Award Survey/Responsibility Determination of RFP Part 1, SF1442 Section 00 21 16. Please confirm that information listed under this paragraph is not required to be submitted with the Phase One proposal.

Answer 16: Confirmed. However, the Contracting Officer may request Offerors to submit information for review and determination prior to award.

QUESTION 17: Reference Amendment 0001, Paragraph 3.3 Proposal Submission of RFP Part 1, SF1442 Section 00 21 16. This paragraph states: “The Offeror is responsible for ensuring that all original paper and electronic copies (email and CD files) are identical. Should there be any discrepancies between the paper and electronic versions, the paper copy shall govern.” We are concerned about this requirement since it essentially allows contractors to modify their proposals after the deadline. To ensure consistency of proposals' submission and evaluation, could the Government please require both electronic files and hard copy submissions on the same day? Otherwise, please consider removing the last sentence, “Should there be any discrepancies between the paper and electronic versions, the paper copy shall govern.”

Answer 17: No. The proposal submission requirements remain unchanged. Phase One proposals in response to this RFP shall be submitted electronically no later than the date and time stated in Block 13A of the SF1442, and hard copies should be submitted no later than five (5) business days after the proposal due date.

QUESTION 18: Reference Paragraph 3.1 Proposal Format of RFP Part 1, SF1442 Section 00 21 16 and Factor 1 Technical Approach of RFP Part 1, SF1442 Section 00 22 16. This paragraph states: “Proposals may include larger size 11”x17” paper for the organizational chart in Factor 1.” Please confirm that the organizational chart is to be included on a separate page and will not count toward the technical approach narrative page limit.

Answer 18: Confirmed. The organizational chart shall accompany the narrative and is not included in the page limitation.

QUESTION 19: Reference Factor 1 Technical Approach of RFP Part 1, SF1442 Section 00 22 16. In reference to this section:

“2.2 EVALUATION CRITERIA

d. The Contracting Officer may discount favorable past performance and experience of a subcontractor unless the prime contractor clearly provides, in its proposal, evidence of a binding teaming agreement or other contractual agreement which creates legal responsibility on the part of the subcontractors.”

“Factor 1, Technical Approach:

Teaming Agreement or Other Contractual Agreement. Provide a fully executed true and authentic copy of a joint venture agreement, partnership agreement, teaming agreement, approved mentor-protégé agreement (MPA), or letter of commitment for each entity of the proposed team. The teaming agreement or other contractual agreement shall, at a minimum, (1) be signed by the Offeror and the other entity, (2) specifically reference this solicitation/ contract, and (3) clearly describe the entity’s involvement in the instant acquisition.”

What does “true and authentic copy” mean? Do you require a notarized copy of the teaming agreement or other contractual agreement?

Answer 19: A teaming agreement or other contractual agreement must be legally binding and shall, at a minimum, (1) be signed by the Offeror and the other entity, (2) specifically reference this solicitation/contract, and (3) clearly describe the entity’s involvement in the instant acquisition.

QUESTION 20: Reference Design Experience in Factor 2 Experience of RFP Part 1, SF1442 Section 00 22 16. In reference to this section:

“(b) Basis of Evaluation:

(iii) Relevant projects where the Offeror and the proposed design firm(s) have previously worked together as a design-build team may be considered more favorably than those that have not.”

There are only several lead design firms on the island of Guam, all of which have established exclusive partnerships with majority of the incumbent local small business contractors. This reality is disadvantageous to other qualified/experienced local small business design-build contractors in Guam.

We would like to request that the verbiage: “Relevant projects where the Offeror and the proposed design firm(s) have previously worked together as a design-build team may be considered more favorably than those that have not.” be deleted from the section.

Answer 20: No. The proposal submission requirements for Factor 2 Experience remain unchanged.

Relevant projects where the Offeror and the proposed design firm(s) have previously worked together as a design-build team may be considered more favorably than those that have not.

QUESTION 21: Reference Amendment 0001, Paragraph 3.3 Proposal Submission of RFP Part 1, SF1442 Section 00 21 16. Due to the current pandemic situation, we urge that the hard copies receipt date is extended to 14 calendar days from the electronic submission date to allow on-time deliveries, which is beyond bidders control.

Answer 21: No. The proposal submission requirement for hard copies remains unchanged. Hard copies should be submitted no later than five (5) business days after the proposal due date.

QUESTION 22: Reference Amendment 0001, Paragraph 3.3 Proposal Submission of RFP Part 1, SF1442 Section 00 21 16. In case of hard copies are lost or not delivered within the stated duration but the electronic submission was successfully completed, will the electronic submission be accepted and evaluated or not?

Answer 22: Proposals submitted electronically no later than the date and time stated in Block 13A of the SF1442 will be evaluated. Should hard copies not arrive within five (5) business days after the proposal due date, Offerors shall make best efforts to submit the hard copies at the earliest practicable date and time.

QUESTION 23: Reference Factor 1 Technical Approach of RFP Part 1, SF1442 Section 00 22 16.

Please advise if any particular format is preferred for required teaming agreement or other contractual agreement. If so, please provide a template.

Answer 23: No. There is no specific format required. A teaming agreement or other contractual agreement must be legally binding and shall, at a minimum, (1) be signed by the Offeror and the other entity, (2) specifically reference this solicitation/contract, and (3) clearly describe the entity’s involvement in the instant acquisition. Offerors shall adhere to the submission requirements in the RFP.

QUESTION 24: Reference Factor 2 Experience of RFP Part 1, SF1442 Section 00 22 16. The availability of new Design-Build projects in Guam to contractors and designers has been limited the last several years. Will the government please consider extending the relevant completion period from within the past 5 years to within the past 7 years of the date of issuance of the RFP? Approval of this request is in the best interest of the Government and taxpayer as it increases competition thereby leading to the best overall value for the Government.

Answer 24: No. The proposal submission requirements for Factor 2 Experience remain unchanged.

Projects submitted shall be completed within the past 5 years of the date of issuance of this RFP.