Amend 0004_Notice 1.pdf

N40192-21-R-7000

Corrosion Control for AGE and Munitions Trailers

REQUEST FOR INFORMATION (RFI)

NOTICE 1

Q# Page

Section Para # Question Gov’t Response

1 Will the contractor supply and install reflective tape on

Support Equipment (SE)?

Yes

2 Will the contractor supply and install decals on SE? Yes

3 In reference to above-mentioned solicitation, can we please request for pictures of the Bleed Air Cart and the Haz Dispensing Cart?

Provided in a separate document.

4 Per today’s site visit, kindly requesting if you could please provide photos/dimensions for all AGE munition trailers.

There are three different styles of munitions trailers:

MHU-141, MHU-110, and

MHU-226. All dimensions can be found online for each trailer.

5 Since taking photos were not allowed in the site assessment, kindly advise sample photos of the pieces to be maintained to reference their current condition.

Refer to Amendment 0004, Attachment 1_Age and Munitions Trailer_Photos

6 Kindly provide "specific" approved DoD Qualified

Products Listing (QPL) database – found at https://qpldocs.dla.mil/default.aspx

Primer will be MIL-PRF-

26915 followed by MIL-

PRF-53030 or 53022. The tiecoat will be MIL-PRF-

23377. Topcoat will be

MIL-PRF-85285, color code

26173.

7 47

0100000

1.1

1.5

1.2

(I) We note under the current contract the award document indicates place of performance as 24018

Carolines Ave Yigo, 96929, Guam, which is located on Andersen AFB, however several conflicts are evident:

a. 0100000 Para 1.1 states “other items necessary to provide the services outlined below and described in this Performance

Work Statement (PWS) at various military facilities under a Firm Fixed Price.

b. 0100000 Para 1.5 states “However, offerors are encouraged to visit the project site during the site visit for offerors and to visit the technical library during posted hour.

c. 0100000, Para 1.2 states “All SE Corrosion Control Prevention and Repair will take place at the Contractor’s facilities at an off-site location.”

d. However, 1500000 (General Information)

A government facility will not be provided in performance of this contract.

Performance will take place at a contractor provided location outside of Andersen

Air Force Base.

https://qpldocs.dla.mil/default.aspx states “The Contractor shall provide management, administration, supervision, transportation, labor, material, equipment, and other related incidentals to perform the services required in this contract.

Question: Please clarify where the facility is to be located.

8 4 1502000 3 Para 3 “The current facility inventory for refurbishment is provided in J-0200000-09.” Please clarify if the facility is located off site, what is the inventory?

Performance will take place at a contractor provided location outside of Andersen

Air Force Base.

Inventory is provided in

Attachment J-0200000-09, ”Corrosion Control for AGE and Munitions Trailers

Service ELINS”

9 5 1502000 3.1 Para 3.1 states “The contractor is required to wear a uniform, readily identifying affiliation”. Please clarify the purpose since 1). This is off site; 2) a contractor-provided facility, and 2). Based on this requirement our whole company, even those not working this project would have to wear a uniform.

Recommend removal of the uniform requirement is unduly restrictive and not enforceable?

Refer to Amendment 0004.

Para 3.1 revised. Uniform requirement retracted from

Solicitation Description and

Specifications.

14 1502000 3.3 Para 3.3 states “The Contractor shall maintain all forms/publications relating to workload”. Please clarify who is responsible for obtaining SE publications?

The COR will provide all tech data required for this project.

11 54 0200000 2.3.3.2 Para 2.3.3.2 “A partnership agreement, The Charter, should be in place as early as possible so issues arising, even before work begins, can be resolved using the issues resolution process”. I am confused, what does this even mean, never heard that to perform a non-personal services contract off base requires a “partnership agreement”. Please explain what this is and remove as not applicable or direct us to the applicable Federal Acquisition regulation.

The partnership agreement is between the government and contractor that establishes a set of agreed items that are administrative in nature and in effect through the contract. (e.g.

communication, quality, conflict resolution, etc.)

12 54 0200000 2.3.4 Para 2.3.4 states “All work shall be performed under the superintendence of a certified, responsible individual ...”. Please defined “certified” as this is a non-personal services contract for corrosion control?

Welding certs and vocational or paint experience is required by a supervisor to ensure the best product possible.

13 55 0200000 2.3.7 Para 2.3.7 states “Department of Defense (DoD), Secretary of the Navy (SECNAV), Chief of Naval Operations (OPNAV), and other applicable Directives, Instructions, and References are listed in J-0200000-

03.” We note several of these publications are not applicable because the service is being provided off base and most regulations, etc. pertains to service on a military base

Attachment J-0200000-03 is provided for reference should a Directive or Instruction be applicable in performance of the work prescribed.

14 55 0200000 2.3.9 Please clarify why a company’s offsite facility has any requirement to report accident and incident to the KO, since we follow is the purview of the

Territory of Guam and USG, since service is being done off base. Remove as not applicable.

Providing a copy of any accident or incident is for record purposes.

The contractor will be working on government equipment, regardless of whether the work is performed on base or off-based, and accidents/incidents involving government equipment is reportable to the Contracting Officer.

15 56 0200000 2.5 Para 2.5 states “Materials containing asbestos, lead, and polychlorinated biphenyls (PCBs) shall not be brought onsite.” This is not applicable since per the solicitation this is a contractor-provided facility and subject to local and applicable federal laws. Recommend this be removed as not applicable.

Revision to Para 2.5 –

“Material containing asbestos, lead, and polychlorinated biphenyls

(PCBs) shall not be brought on to Andersen Air Force

Base or any Department of

Defense installation.

16 56 0200000 2.6.3 Para 2.6.3 states “The Contractor's work shall not interfere with normal Government business.” Please clarify the purpose of this paragraph since work will be done off base and at contractor facility thus how would this interfere with government business?

In those cases where some interference is unavoidable, the Contractor shall minimize the impact and effects of the interference.

The Contractor shall provide advance access of all of its work schedules to the

Government. The

Contractor shall notify the

Contracting Officer of any difficulty in scheduling work due to Government controls.

17 58 0200000 2.6.6 Para 2.6.6 “The Contractor shall establish and maintain a plan that meets the Department of

Defense Instruction number 4161.02 Accountability and Management of Government Contract Property.

This spec item shall refer to all Government property in the Contractor’s possession. For each item in the

Contractor’s possession the Contractor shall complete a DD1342, DoD Property Record What is the purpose of this paragraph specifically since Para

2.4 contradicts this requirement? Or is it the expectation to complete a DD1342 for every SE sent to facility to be worked?

There will be an AF1297 filled out by the COR and signed by the contractor taking ownership of the item prior to transfer of ownership and accountability. There will also be an AF2519 Pre

Transportation Inspection

Checklist signed by the

COR and the contractor certifying the condition that each unit is in and any pre-existing conditions or discrepancies.

18 59 0200000 2.7.2.1 Para 2.7.2.1 “At a minimum, all Contractor personnel shall have attended the OSHA 10 hour safety course, or equivalent”. Please clarify the purpose of attendance at this course since per OSHA this is for “CONSTRUCTION WORKER” of which this effort is not. Furthermore, this requirement is not applicable to non-government facility operations. The Navy continues service contracts with construction contracts. Recommend this requirement be remove as not applicable and over reach.

“OSHA 10-Hour General

Industry Safety Course” -

The OSHA10-Hour General

Industry Outreach course is required for workers that fall under the General Industry

Standards which provides basic awareness training on the recognition, avoidance, abatement, and prevention of workplace hazards.

19 62 0200000 2.8.7 Para 2.8.7 “The Contractor shall obtain all required corporate and personnel Security Clearances prior to commencement of work. The Contractor shall ensure that a list of all personnel with Security

Clearances is maintained current, including clearances that are pending” Please clarify what corporate and personal security clearances are required?

When applicable, contractor shall obtain “required” corporate and personnel

Security Clearances. The

Contracting Officer will advise if a security clearance is required.

20 62 2.9 Para 2.9 “The Contractor’s safety program shall comply with all safety standards identified in the

U.S. Army Corps of Engineers Safety and Health

Requirements Manual, EM 385-1-1 and Public Law

91-596, Occupational Safety and Health Act. Any reference to “USACE" facilities, property, or equipment specified in EM 385-1-1 should be interpreted as Government facilities, property, and equipment”. Confused, please clarify the relevance and d legality of a US Army regulation has on a

Navy contract performing at a contractor off site location not applicable. Furthermore, this is a non-personal SERVICES contract and NOT a CONSTRUCTION contract and more importantly no government facilities, property, and equipment are provided. Our Safety plan complies with local and federal laws. Recommend removal as N/A.

The contractors safety plan shall comply with 29 CFR

1910.

Refer to Amendment 0004 – revised Section G, J0200000

Management and

Administration attachment.

21 62 0200000 2.9.1 Para 2.9.1 “The Contractor shall develop and implement a site Accident Prevention Plan (APP). The

APP shall be prepared by a qualified person knowledgeable of project safety and health requirements and shall be followed by all Contractor employees, subcontractors, and vendors at each service site.

The APP shall follow the format and include all elements addressed in Appendix A of EM 385-1-1. The APP shall incorporate Activity Hazard Analyses (AHAs) and compliance plans addressing all applicable Safety and

Occupational Health (SOH) risks that are relevant to the site-specific hazards and controls for each activity and type of work that may be encountered in the performance of this contract”. This requirement is not applicable to off-site facilities on a non-personal contract and clearly an over reach that will infringe on a company’s other businesses in complying with local and federal laws.

The Accident Prevention

Plan (APP) is not applicable.

Management and

Administration attachment.

22 63 0200000 2.9.3.2 Para 2.9.3 “The Contractor shall develop a project-specific chemical hazard communication program to include elements addressed in paragraph 06.B.01 of

EM 385-1-1.” Seriously what legal standing does the Navy have on programs at non-government facilities? This is clearly an over reach and infringes on a company’s operation of their facilities.

The Contractor shall develop a project specific chemical hazard communication program in accordance with 29 CFR

1910.1200

23 64 0200000 2.9.4 Para 2.9.4 “All operations of Cranes, Multi-

Purpose Machines and Material Handling

Equipment shall comply with EM 385-1-1, NAVFAC P-307,” Please clarify how this regulation is pertinent to operation of a non-government facility and the legal precedence? This is clearly an over reach and infringes on a company’s operation of their facilities.

Refer to Amendment 0004 – revised Section G, J0200000

24 64 0200000 2.9.4 Para 2.9.4 “The Contractor shall comply with paragraph 1.7.2 of NAVFAC P-307 and notify the

Contracting Officer prior to bringing any crane

(including delivery vehicles with crane boom attachments), multi-purpose machines, material handling equipment, or construction equipment that may be used in a crane-like application to lift suspended loads on board a Navy Installation.”

Seriously, the Navy is dictating compliance/operation with an Army and Navy regulation strictly at an off-site facility? Remove as not applicable

Refer to Amendment 0004 – revised Section G, J0200000

25 64 0200000 2.9.4.1 – 2.9.4

Seriously please clarify the purpose of the Navy directing how a contractor at their own facility is legally required to follow Naval regulation. Since the company must comply with local and federal regulations this is simply an overreach by the Navy.

Remove as not applicable.

Refer to Amendment 0004 – revised Section G, J0200000

26 65 0200000 2.9.5 Para 2.9.5 Seriously accident at a company’s facility located off base is not a concern of the Navy since procedures are in place IAW Federal and local law and is clearly an overreach and not applicable -remove.

Accidents involving government equipment is reportable to the Contracting

Officer.

Management and

Administration attachment.

27 67 0200000 2.9.7 Para 2.9.7 The Contractor shall submit a Monthly

On-Site Labor Report per Section F – Deliveries or

Performance: 020000: Management and

Administration”. This report is a compilation of employee-hours worked each month for all site workers, both prime and subcontractor”. Clearly this is obtrusive and overreach and not the business of the government as this is a non-personal service contract. This contract is a fixed priced contract and manhours are not the purview of the government except for the annual eMCRA. Remove as N/A

Refer to Amendment 0004 – revised Section G, J0200000

28 67 0200000 2.9.8 Para 9.8 OSHA violations by company at their non-government facility is information between OSHA and company and does not affect the NAVY and violates privacy laws. Please clarify why Navy desires this information for a services contract?

Refer to Amendment 0004 – revised Section G, J0200000

29 67 0200000 2.9.9 Para 2.9.9 states “The Contractor shall be subject to safety inspections of its work sites by the

Government. Contractor safety records shall be available to the KO upon request”. Please clarify the

Navy’s jurisdiction of this as this is FFP and non-personal services contract performing off site and not at a government facility given that a company must already follow Local and Federal laws. This not only not relevant but overreach, given the facility may have non-government contract work at the same location.

Question: What is the legal precedence of the Navy requiring safety inspection records of accompany at a non-government facility as this is violation of privacy laws?

The contractor shall be subject to safety inspections of its work sites by OSHA.

30 68 0200000 2.10 Para 2.10 What is the legal precedence of adding additional requirements to the Local and Federal laws pertain to this subject since IAW compliance with Local and Federal Law the performance is not at a government facility thus not applicable

Refer to Amendment 0004 – revised Section G, J0200000

31 69 0200000 2.10.1.4 Para 2.10.1.4 states “The Contractor shall submit a

Contractor Hazardous Material Inventory Log per

Section F following the format provided in J-

0200000-08. The Contractor shall receive approval from the Contracting Officer. Navy has no legal jurisdiction to require such a log since other material for other projects are stored. This is an infringement on a company’s business and violates privacy laws.

Refer to Amendment 0004 – revised Section G, J0200000

32 70 0200000 2.10.2

Para 2.10.2 The Contractor shall develop, submit, and implement a Sustainable Procurement and

Practices Plan per Section F. This plan shall identify how the Contractor will comply with all applicable

Federal, state and local laws and regulation, including E.O. 13423, E.O. 13514, Installation

Energy Management Program and Water

Conservation Programs and energy reduction requirements.” This is only applicable to facilities operated by Federal Agencies and is irrelevant since facility is operated by private business - remove

Refer to Amendment 0004 – revised Section G, J0200000

33 71 0200000 2.11 Para 2.11 states “The Contractor shall comply with the installation's Contingency Instruction. The

Contractor shall support the installation contingency response plan as directed by the Contracting Officer.

Question: Please clarify why this is applicable for an off-site location?

Refer to Amendment 0004 – revised Section G, J0200000

34 102 Solicitation Page 102 “Proposals shall be submitted no later than 1500 hours, 11 February 2021. All offers received after the time and date shall not be considered for award.”

Question: Given the uncertainty of the mail/courier reliability and the restrictions on in-person delivery will the government consider submission by email?

Refer to Amendment 0004

35 103 Solicitation Page 103 (2) Corporate Experience.

States “The experience of a subcontractor cannot be substituted for the prime contractor’s experience.

However, Solicitation Page 104 ALL PROJECTS

SUBMITTED MUST CORRESPOND TO THE

SAME PROJECTS LISTED IN FACTOR 4, PAST

PERFORMANCE.

(c) Offerors may include the experience of a subcontractor or teaming partner that will perform major or critical aspects of the work.

Question: Please clarify the contradiction on use of sub-contractor “past performance” vs the primes

“past performance” given the subcontractor has no standing on whether the prime performs

Offerors may include the experience of a subcontractor or teaming partner that will perform major or critical aspects of the work. If the experience of a subcontractor or teaming partner is proposed, submit evidence of a binding teaming agreement or other contractual agreement which provides a legal responsibility of the subcontractor or teaming partner. Such agreement must also include an explanation of the meaningful involvement that the subcontractor or teaming partner will have in the performance of the contract.