141310-Note4.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, PACIFIC

258 MAKALAPA DR., STE. 100

PEARL HARBOR, HI 96860-3134

RFP N62742-14-R-1310

Notice No. 4

13 November 2013

PRE-PROPOSAL QUESTIONS & ANSWERS

RFP NO. N62742-14-R-1310

FY14 MCON P-852, 3D RADIO BATTALION

MAINTENANCE / OPERATIONS COMPLEX

MARINE CORPS BASE HAWAII, KANEOHE BAY, HAWAII

NOTE: The following questions and answers are provided for INFORMATION ONLY. The RFP remains unchanged unless it is amended in writing on a Standard Form 30.

9. I have been reading the notices for the above referenced project. I understand the SBA joint venture rules on affiliation and the associated impacts on the size of the prime entity. However, NAVFAC Hawaii included this requirement in the SB MACC where all partners must be under the size standard for teaming purposes. NAVFAC subsequently clarified this was not the case with the attached amendment. Was that the intention of your answer? In speaking to our attorney, this interpretation of the teaming rules will probably prompt a protest.

I concur with Notice 1 and the reference to FAR subpara 19.101(7)(i)(B) applies which states "for other than bundled requirements, apply size standards for the requirement to individual persons or concerns, not to the combined assets, of the joint venture."

The individual persons or concerns are members of the joint venture. This precludes a joint venture that includes a large business as a member from submitting a proposal as a small business, even if the joint venture itself meets the small business the revenue standards (e.g., the joint venture is newly formed and has zero revenue averaged over the last three years).

This issue with is with following answer in Notice 3, “ANSWER: Notice No. 1, question no. 1, specifically addressed "teaming partners" and provided the "size determination for teaming arrangements"; therefore it appears the response is misinterpreted. Teaming arrangements, in addition to prime contractors and joint ventures, must also meet the small business size standard.”

The FAR does not address teaming partners not in a joint venture. It only applies to joint ventures and individual persons considered for the contract with. The above answer is incorrect because it applies the FAR to non-joint venture team partners, which would not contract directly with NAVFAC.

RFP N62742-14-R-1310

In addition the above answer is also ambiguous, because it states all that all parties must meet the small business size standard. Is this the size standard for the procurement, which is $33.5M or the size standard for the scope of work the team partner is performing? e.g., $7M for architects and $1$M for engineers.

ANSWER: Comments noted. It is recommended that you refer to the definition of “an ostensible subcontractor” under the Small Business Size Regulations. The Small Business Administration will determine the small business status of a concern if a protest regarding a small business representation is received.

10. I do not think NAVFAC should request revenue information form team members to determine a business’ s size standard. The Representations and Certifications already address this in an established form and NAVFAC could ask for reps and certs for all team members. In addition to being redundant to the reps and certs, requesting revenue data may create two potential problems, 1) contractors may not provide equivalent or accurate figures without any repercussions, as opposed to misstatements on the reps and certs; 2) many business do not want to disclose revenue data to their partners or clients.

ANSWER: RFP remains unchanged.