22R1322 Note 4-FINAL.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, PACIFIC

258 MAKALAPA DRIVE, SUITE 100

JOINT BASE PEARL HARBOR HICKAM, HAWAII 96860-3134

Notice No. 4 12 April 2022

PRE-PROPOSAL QUESTIONS & ANSWERS

RFP N62742-22-R-1322

PAF 198127 TACMOR UTILITIES AND

INFRASTRUCTURE SUPPORT

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.

RESPONSES REVISED FROM NOTICE NO. 3

128. Drawing CS106. Referring to CS106-Tx Site plan, FRP fence around the QVIS Antenna will be with barbed wire or not, please clarify.

RESP: Barbed wire is required for Tx QVIS FRP Fence. See Amendment 0004.

189. S-506, detail A4, Slope Inclinometer – Piezometer Well. The TX slope inclinometer (5 locations-approximate depths of 84 feet) as shown on detail A4/S-506 the bore hole at lower portion required only 135mm dia. while on the upper portion required 170mm dia. Please advise if 170mm bore hole may be used for lower portion instead of 135mm dia.

RESP: 170mm bore hole diameter may be used for the lower portion instead of 135mm diameter as the 135mm is a minimum. Amendment not required.

RESPONSES DEFERRED FROM NOTICE NO. 1

78. Reference: SPEC SECTION 01 32 17.00 20 Page 10 - Subpart 1.10.2.8 Adverse Weather Lost Work Days – last paragraph reads: “The Contracting Officer will issue a modification in accordance with the contract clauses, giving the Contractor a time only extension for the difference of days between the anticipated and actual adverse weather delay if the number of actual adverse weather delay days exceeds the number of days anticipated for the month in which the delay occurs and the adverse weather delayed activities are on the longest path to contract completion in the period when delay occurred. A lost workday due to weather conditions is defined as a day in which the Contractor cannot work at least 50 percent of the day on the impacted activity. Make changes to P6 project calendars to reflect as-built conditions where work occurred where originally anticipated as non-work days, and where work did not occur (lost work day).”

Please clarify how will the stated 50% of the day be calculated? Does it mean one period of several hours rain or sum of interrupted hours at different times of work day?

RESP is deferred.

If it is calculated based on sum of total interrupted hours at different times of work day, please be advised that due nature of this project (major earthwork and site concrete work) if the calculated 50% of rainy weather happens in different times of the day will lead to non-work day, because once crews commence working, prepare the site to recover from storm then another rain shower took place, crews have to stop before performing any work. However, if rain is continuous for 50% of work day (takes place in one continuous period) then contractor is able to get 50% of continuous ½ work day without interruption, in this case contractor’s crew can be to some extent productive.

RESP is deferred.

Accordingly, we respectfully request to add a clause in the spec to entitle the contractor to claim for weather lost work days if 50% of rainy weather in certain days took place during different times of work day.

RESP is deferred.

RESPONSES DEFERRED FROM NOTICE NO. 3

119. Reference: Existing Man-Camp and Structures at Angaur Island. Question:

Please advise if NAVFAC is able to assist all bidders to contact the owners of existing vacant portable modular containers at the newly constructed Antenna site and old concrete structure barracks. There will be some cost saving if the contractor is able to utilize these temporary structures for man-camp. Contractor may purchase some of existing portable containers or renovate existing concrete structures if they are structurally sound.

RESP: For the Rx site existing man-camps are available to rent. Please see forthcoming amendment that adds information on the rental of these man-camps in Section 01 30 00.

132. General. Please clarify if workforce housing facilities will be permitted at the construction sites (TX & RX).

RESP: For the Rx site, please see response to Question No. 119. For the Tx site, workforce housing facilities may be allowed at the construction site as long as permits, licenses or other authorities are obtained. See Section 01 30 00, paragraph 1.4.2.

155. Dwg CE503/B4. Please provide locations of Diversion swale Type B shown on Detail B4/CE503.

RESP: Response is deferred.

166. Reference: Supplementary Drawing 91-00560-00 – RX Site Layout TACMOR

Question: There is a note in this drawing about cable pit dimensions being 2mx2mx2m.

In the Telecom Drawings (Sheets TS151-TS155) of PAF 198127 TACMOR Drawings, there is a Telecom Handhole to be installed in the same location of the cable pits. THH dimensions per detail A2/E501 are 1.41mx1.21mx1.135m. Please clarify which dimensions to follow?

RESP: Follow Detail A2/E-501.

167.h. Since the actual surplus quantities of basalt rock and soil be derived by the contractor’s means and methods, therefore if a contractor “A” intends to process and utilize onsite material will be compensated less because he/she will generate less surplus than contractor “B”, if contractor “B” intends not to maximize utilizing onsite material. This case will cause unfair price evaluation. Therefore, we respectfully remove these two CLIN items CLIN 0001AC & CLIN 0001AD and have all bidders to include these costs in base bid and direct all bidders to just haul surplus soil to designated soil disposal site. In this case contractor who is planning to balance the site using processed on site material will be rewarded for this effort due to reducing the cost and not on the contrary to be at price disadvantage. Please review this critical matter and advise.

RESP: The on-site soil on the Tx site is not suitable for use as common fill. SLINS 0001AC and 0001AD remain.

170. Reference: Man-Camp / Temporary Facilities. Question:

a. Is it allowed to leave Man-Camp / Temporary Facilities on site at free charge to be utilized by others (e.g. subsequent contractor(s))?

RESP: No.

b. After construction is completed, is it allowed to dispose crushed concrete. green waste and other uncontaminated materials on site at designated location(s) to be provided by NAVFAC? If yes, please provide locations of onsite designated dump sites.

RESP: For the Tx site, should there be any crushed concrete, green waste and/or other uncontaminated materials remaining at the end of the contract, it may be placed with the removed basalt and excess soil. There are no on-site dump sites.

177. Dwg CE503 TX & RX Erosion Control Details-3 / Detail A3. Please provide the dimensions (length and width) of Rock Check Dams for Bidding Purpose.

RESP: The check dam size will depend on the diversion berm or diversion swale options the contractor elects to install.

188.b. For RX Monopole pile footing (296 locations), is probing & grouting required?

RESP: No.

193. Spec. Section 01 50 00, Para. 3.5.8. Are we are responsible for the integrity and maintenance of the existing asphalt paved haul road from the Tx site to the soil disposal area? If so, please provide the existing structural section.

RESP: Structural section of the existing asphalt paved haul roads on the Tx site are not available. In accordance with Section 01 50 00, paragraph 3.5.8, the contractor is required to provide a paved roadway assessment report to the contracting officer prior to the start of the on-site work and is responsible for the repair/reconstruction of the existing roads that are damaged by the contractors’ operations.

196. Spec. Section 31 23 00.00 20, Para. 2.1.7. The Rx site geotechnical report does not provide Liquid Limit or Plastic Index values to determine if Select Fill can be found on site or not? Section 31 23 00.00 20, Para. 2.1.7 requires a Plasticity Index less 12 and a Liquid Limit less than 35 in accordance with ASTM D4318. Can the Government provide additional geotechnical data or is it the intention of the government is for this material to be imported? Please provide full geotechnical report for both the Tx and Rx sites.

RESP: Response is deferred.

201. Drawings B-100, B-705, B-706, CX-001 and CX-704. Per Drawing sheet CX-704, the average excavation depth is greater than 10 meters for stations 02+00 thru 0+160.

Please provide additional proposed contour lines in this area for accurate cut/fill calculation.

RESP: Additional cross sections will not be provided.

207. Reference: Notice 2 – Answers to Question 59 a & d indicate that Topographic surveys and soil boring logs of SD1 and SD2 are not available.

Question:

RFP specs - Figure 6 is provided as a Reference Images of the Proposed Soil Disposal 1.

RFP specs - Figure 11 is provided Slope of access route to proposed SD 1. One-meter contours are extrapolated from the 1980 USGS topographic map and are not precise.

RFP specs - Figure 23 indicates Location of SD 2.

Based on the above provided information:

a. SD1: Total Area is approximately 10 Acres site, with elevation difference more than 60 ft North South. In order to utilize the SD 1 site as stockpile to accommodate all surplus basalt & soil, major site grading and retaining walls (60 ft tall) will be required to provide safe flat area for trucks to access the site. In order to avoid constructing costly retaining walls @ SD 1, please advise if the government is able to expand SD1 area to allow sloping / daylighting cut / fill to encroach into adjacent property to SD1?

Otherwise, we respectfully request the project design team to provide design for the SD1 site preparation including permanent structures (retaining walls), drainage..etc this is a design bid build solicitation and bidders are not responsible for design.

Please be advised, this is a major cost (millions of dollars) that all bidders shall include in the bid and more information is required from designers to avoid costly assumptions.

RESP: As the details of the negotiations with the Ngaraard State Government over the use of the SD sites will not be known until after contract award, base bids on no alterations to the site is required to accommodate the excavated basalt and excess soil.

Any condition that results from the negotiations with the Ngaraard State Government or any alterations required will be handled as a changed condition. See forthcoming amendment.

b. Assuming that existing SD 1 is flat or the wining contractor will make it flat, based on volume of surplus materials and in order to provide safe access and safe stockpile plan, please be advised that 10 Acres Area is not sufficient to accommodate two separate stockpile (basalt & soil).

Please advise if all bidders shall assume that the government will be able to expand SD 1 area to accommodate ALL generated surplus materials. Please provide clear directions regarding this matter to allow all bidders to fairly price same conditions.

RESP: Base bids on the assumption that the SD1 site is sufficient to accommodate the excavated basalt and excess soil. See forthcoming amendment.

c. SD2: Total Area is approximately 5 Acres site, assuming that existing SD 2 is flat, please be advised that based on volume of surplus materials and in order to provide safe access and safe stockpile plan, the 5 Acres Area is not sufficient to accommodate two separate stockpile (basalt & soil). The 5 Acres SD 2 site will accommodate small portion of surplus basalt / soil which does not justify the cost to prepare access, BMPs, grading ..etc.

Please advise if all bidders shall assume that the government will be able to expand SD 2 area to accommodate ALL generated surplus materials. Please provide clear directions regarding this matter to allow all bidders to fairly price same conditions.

RESP: The SD1 site was evaluated as the favorable consideration. Base bids on using the SD1 site.

d. In case SD1 & SD2 are inadequate to accommodate stockpiles of surplus soil and basalt rock, will the contractor be entitled for price modification / change order?

Please provide clear directions regarding this matter to allow all bidders to fairly price same conditions.

RESP: Base bids on the SD1 site being sufficient to accommodate the excavated basalt and excess soil.

209. Specification section 32 13 13.06, Paragraph 3.4. The quantity of road pavement work is relatively small. The Specifications require a self-propelled paver finisher. Can other finishing means be employed if they meet the same performance and tolerances required by the design?

RESP: Perform work according to the specification.

210. Specification section 31 23 00.00 20, paragraph 2.1.1. Specification section 31 23

00.00 20, paragraph 2.1.1 defines the satisfactory materials as GW, GM, GW-GM, SW, SM or SW-SM. The geotechnical analysis shows that these types of materials are not existent within the project boundaries. The required conforming material will need to be selected and transported from outside of the project site/Palau. Can you please confirm the in-situ material cannot be reused by the Contractor?

RESP: Response is deferred.

228. FRP Fence Material Cost. FRP Fence is approximately $12Million USD for the roughly 16,500 LF of fence.

Would the Government consider an alternate fencing material in lieu of FRP Fence? If so, please advise and provide details and specifications

RESP: No

230. Plan Sheet CD601, Section 02 61 13, Paragraph 1.1.2.2. Regarding demolition activities for buildings A1-A5 on sheet CD601: does the government anticipate encountering hazardous materials (such as asbestos), which may or may not be disposed of at the Aimeliik landfill? If the contractor executes extra work to handle and subsequently dispose of such hazardous material, is it the government’s intent to compensate the contractor in accordance with the payment terms identified in Section 02 61 13, Paragraph 1.1.2.2?

RESP: Section 02 61 13, paragraph 1.1.2.2 was deleted by the issuance of Amendment 0002. Base bids on not encountering hazardous materials when demolishing structures shown on DWG CD601. See forthcoming amendment.

Contractor is responsible for testing for hazardous materials prior to disposing of construction debris as stated in Section 01 57 19, paragraph 3.10.

231. Items 0001AC and 0001AD, Disposal of 341,160 m3 of excavated basalt rocks and surplus soil / NAVFAC Assessment of cultural and natural resources of SD1 and SD2 sites, Section 5, Paragraph 5.1. Per the NAVFAC assessment of cultural and natural resources of the SD1 and SD2 sites (Page 24-25), the recommended construction activity outline does not define parameters for clear and grub activities for the SD1/SD2 sites. Is it the government’s intent for the contractor to clear and grub the entire site, or only what is necessary for the contractor to use the disposal site? Can clear and grub debris such as vegetation (and trees) be rolled and crushed and left in place with borrow to be placed on this subgrade subsequently? Or rather must vegetation and trees be mowed/mulched in order to incorporate the organics into the topsoil, with topsoil then being stripped and stockpiled for later placement at the conclusion of the contract? Is it the government’s intent to spray herbicide at the SD1 and SD2 sites (similar to the Tx and Rx sites) prior to clear and grub activities, as specified in Section 32 92 19, Paragraph 1.5.2.2? Please provide defined parameters for clear and grub activities for the SD1 and SD2 sites.

RESP: Any condition that results from the negotiations with the Ngaraard State Government or any alterations required will be handled as a changed condition. See forthcoming amendment.

232. CD051 Note 8. Section 31 11 00, Paragraph 3.3. Per sheet CD051, Note 8 states “the MEC contract will clear and grub 100% of the (Rx) site”. As defined in Section 31 11 00, Paragraph 3.3, “clearing consists of the felling, trimming, and cutting of trees into sections and the satisfactory disposal or processing of the trees and other vegetation,” and “grubbing consist of the removal and disposal of stumps, roots larger than 75mm in diameter and matted roots from the designated grubbing areas.” Please confirm that the MEC contract will clear and grub 100% of the Rx site as defined above.

It is the contractor’s expectation that the only clear and grub activities necessary at the RX site will be due to revegetation after the MEC contract is complete. If previous clear and grub is completed by the MEC contractor, is it necessary to spray herbicide at the Rx site on the regrown vegetation, as specified in Section 32 92 19, Paragraph 1.5.2.2?

RESP: Confirmed, the MEC contract will clear and grub 100% of the Rx site and the construction contractor will receive a clean site. Section 32 92 19, paragraph 1.5.2.2 pertains to the Tx site as that is the site that requires stockpiling of topsoil.

233. Plan Sheet B701 – B75. Per the boring logs on Plan Sheets B701 – B706, dry density is provided in metric units (g/cm3), while sheets B707-B757 show imperial dry density units (lb/ft3). Dry density values provided on sheets B701-B706 are unreasonably high, as 45-60 g/cm3 is equivalent to 2800-3750 lb/ft3. Please confirm the correct values and units for the dry density.

RESP: Response is deferred.

236. Reference: Disposal Site SD 1 & SD 2. Question:

Please confirm that both disposal sites will be available for the contractor to be used to stockpile surplus soil / rock and used for man-camp.

RESP: In accordance with Section 01 57 19, paragraph 1.5.2, both SD1 and SD2 sites are available and may be considered as sites to dispose of surplus soil and/or for use as equipment laydown areas.

238. Specifications 03 30 00 Section 1.6.7.2 and 3.13. Please confirm that 3rd Party inspection company hired ACI Concrete Field Testing Technician Grade 1 as stated in

1.6.7.2 required during all testing mentioned in 3.13. Please also confirm, if there is no concrete there is no requirement of 3rd party qualified inspector to be on site.

RESP: Response is deferred.

239. Specifications 31 23 00.00 Section 3.15. Please clarify whether professional geotechnical engineer or technician will execute, and report required tests mentioned in specification 31 23 00.00 section or QC manager and technician qualification is enough.

Please also confirm if the professional geotechnical engineer will be 3rd party and will be on site throughout all test requirements.

RESP: As indicated in Section 31 23 00.00 20, paragraph 1.6.1 a Professional Geotechnical Engineer is required. The Professional Geotechnical Engineer must prepare or supervise all work related to 3.15.

240. Specifications 31 23 00.00 Section 1.6.1. Referring to the Specifications 31 23

00.00 Section 1.6.1. Please define the periodic site visits periods such as monthly, weekly or daily.

RESP: Periodic site visits are anticipated to vary with the amount of earthwork being performed. Given both Rx and Tx site, the expectation is one or more Professional Geotechnical Engineers (or supervised technicians) will be available at each site for daily inspection and observation.

241. Specification 31 05 22 Section 2.2.2. Referring to the specification 31 05 22 section 2.2.2, collecting samples for delivered materials for testing within a limited capabilities of a island will have remarkable effect on the cost of the material. Will government consider this test to be accepted on randomly selected samples on the factory warehouse where tests can be done more economical and faster.

RESP: Site verification and testing requirements will be deleted. See forthcoming amendment

242. Specification 33 30 00. sewerage line. Installation of sanitary sewerage to be done by qualified installer. However, sanitary works are very small size to be a subcontracted and subcontractor with required license might not be available in Palau Island. This means that a subcontractor available in overseas required to be mobilized on site to install and make necessary inspection and tests. This will lead the cost of the sanitary works beyond the above average. Can the government allow trained contractor employees to install the sanitary systems as per manufacturer standards and inspect and test with supervision of contractor quality control team?

RESP: Contractor licensing requirements will be deleted. See forthcoming amendment

243. Specification 35 42 34 and MSE Wall Drawings. Based on our market search there are many types of reinforcement used in MSE wall construction. Please confirm if design change is allowed provided that performance of the new design is more beneficial or equal to provided design.

RESP: Base bids in accordance with the plans and specifications provided, however, in accordance with FAR 52.248-3, Value Engineering—Construction, contractors are encouraged to develop, prepare and submit value engineering change proposals voluntarily.

244. All Specification. Regarding to required professional registered engineers or registered technicians requirements throughout the specifications. Please confirm whether professional registered engineer means any internationally recognized professional engineer unless it clearly states US registered licensed engineer

RESP: Professional Registered Engineer means U.S. Registered Licensed Engineer.

See forthcoming amendment.

246. Drawing CS501, Detail : B1. Referring to the non-metal bollard detail provided in drawing CS501 detail B1, please provide material requirements such as the type of the post, will government allow contractor to craft this type of bollard using the removed trees?

RESP: Response is deferred.

248. Please advise us of the power requirements for the antenna on Angaur?

RESP: See DWG E-651. Power generators are not a part of this contract and will be provided by others

NOTICE NO. 4 QUESTIONS AND ANSWERS CONTINUE

249. Section 32 05 33, Para. 3.2. Section 32 05 33, Landscape Establishment, Para.

3.2, Groundcover Establishment Period, states the following: “The establishment period must continue for a period of 365 days.” Please confirm if this “365 days” is working days or calendar days.

RESP: Calendar days. See forthcoming amendment.

250. Section 32 05 33, Para. 3.2.7. Section 32 05 33, Para. 3.2.7, Final Inspection and Acceptance, states the following: “Final inspection will be made upon written request from the Contractor at least 10 days prior to the last day of the turf establishment period.” As landscaping (at least for portions of the site) will be one of the final activities, this establishment period essential reduces the period of performance from 1106 calendar days to 741 calendar days, which does not seem realistic to complete all work required under this contract. Request that the contract duration be increased to account for this establishment period, or establishment period be reduced.

RESP: Response is deferred.

251. I don't see the manufacturer for the "composite cattle fence" for the palau island antenna project.

RESP: Manufacturers of composite cattle fences are not specified.

252. The manufacturers for the crash rating are saying that they need to know what "M" or "K" crash rating is required for Palau Island project per ASTM F2656? That is the ASTM standard for crash rated fencing and gates.

RESP: Response is deferred.

253. Specification 03 30 00. Referring to the specification 03 30 00 table located under paragraph 2.5.1, please clarify the intent of the air content requirement in the mix design. Normally, Air entrainment is generally used for freeze-thaw resistance in concrete. Palau’s weather conditions would not require an admixture for this.

RESP: See response to RFI No. 216

254. Drawing CD153. Referring to the drawings CD153, we could not find any details for the construction fence. Please provide.

RESP: See response to RFI No. 181 and Amendment No. 0004.

255. Specification 01 57 19 para 3.10. Project specification 01 57 19 para 3.10 states "the Contractor must verify that any building or structure slated for demolition does/does not contain hazardous building materials, such as asbestos-containing material, lead-containing paint, or polychlorinated biphenyls." and the following sub paragraphs states how to remove and dispose above stated hazardous materials. Please confirm, the contractor needs to conduct a 3rd party hazardous material test report and remove all hazardous materials as stated in 01 57 19 para 3.10? If hazardous material removal is under contractor scope please identify where to store hazardous materials after demolition?

RESP: Per paragraph 3.10, on existing structure demolition, hazardous materials must be identified and abated prior to disturbance. In accordance with 01 57 19 paragraph

1.8.6. b. the Contractor must develop a Hazardous Waste Management Plan that documents the methods and proposed locations for hazardous waste accumulation/storage. Contractor must determine the location, which will be approved by the Contracting Officer.

256. RX Site. There will be surplus soil as consequence of cut and fill activities at RX side. We couldn't find any information for disposal area at the RX site. Please clarify how the surplus material should be handled?

RESP: Surplus soil, not including unsatisfactory materials can be disposed of in the onsite borrow pits. See forthcoming amendment.

257. Follow up to Q&A No. 125. On site generated fill materials. Please clarify if Q/A 125 also applies to the TX site, i.e. to assume that on site soil is suitable to meet fill specification.

RESP: No, applies to the Rx site only.

258. Specs section 32 13 13.06 par 1.6.5. Field test panel (mockup). Please advise if a test panel is required for both TX & RX sites.

RESP: Yes, field test panels are required at both Tx and Rx sites. See forthcoming amendment.

259. Specs section 32 13 13.06 par 3.4.4. Steel forms. PCC pavement is relatively small, please advise if wooden form is acceptable in lieu of steel.

RESP: Yes, wood forms are acceptable. See forthcoming amendment.

260. RFP N62742-22-R-1322, DOCUMENT 00 73 00 Para 1.5. It appears that there is a direct conflict associated with a recent executive order passed by the State of Angaur and the COFA. The COFA extends specific DOD exemptions. On 1 March 2022, the 20th ANGAUR STATE GOVERNMENT EXECUTIVE ORDER NO. 2022-02 was signed.

This states that a 3% fee will now be applied on any project on Angaur with associated docking fees. The 3% will be calculated on the total contract value of the project. Can the Navy please advise if this fee is to be included in our price? Does this Executive Order supersede the direction given in the Compact of Free Association and its supplements? We have included a copy of the EO in the transmittal for this question.

RESP: The COFA and the SOFA will control to the extent that there is a conflict with local law.

261. At a NAVFAC Headquarters design/construction briefing last week at the SAME Capital Week, the Assistant Commander for Acquisition for Naval Facilities Engineering Systems Command and the Chief Engineer and Assistant Commander for Capital Improvements stated they are using this precise FAR Clause, 52.216-4 Economic Price Adjustment-Labor and Material (JAN 2017) in the $2.1 Billion SIOP-P-381 Multi-Mission Dry Dock, Kittery, ME, RFP N4008521C0077, Amendment 15, given labor and materials inflation, supply chain and fuel price increases. NAVFAC stated they provide the quantities on a line item. Any commodities in the schedule are cost reimbursable and not tied to indices which allows the government to maximize their programmed amount and thereby reducing contractor’s contingency and risk with the unknown rate of increase over a long construction schedule like that for the Palau TACMOR project. By incorporating this clause and the following commodities it allows the contractors to reduce risk/contingency and hopefully get pricing closer to the limited available Programmed Amount.

Site Infrastructure: duct banks, PVC conduits, Wire and Cable, Copper Conduit, Reinforcing Steel, Cement, Aggregate

COFA/SOFA: This is inherently a government function and NAVFAC is part of the government. Contractors have no insight into what drives these negotiations and is a prime example of excessive risk/contingency by contractors

Fuel (delivered to Palau): for equipment usage and power generation Transportation: for materials and equipment delivered to Palau

Amendment 15 states 52.216-4 Economic Price Adjustment-Labor and Material (JAN 2017) (a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the “Economic Price Adjustment Schedule” (attached hereto and included in the Contractor’s proposal submitted on June 22, 2021) either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor's proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor's adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph

(a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. The Contracting Officer will make the adjustments at quarterly intervals throughout the contract performance. The Contracting Officer shall modify this contract (1) to include the price adjustment and its effective date and (2) to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for-

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

RESP: FAR Clause, 52.216-4 Economic Price Adjustment-Labor and Material will not be included in the RFP.

262. The workforce housing scope carries a substantial amount of risk for offerors.

NAVFAC Pacific, under the Global Contingency Services Contract (GCSC) for the China Lake earthquake recovery mission, issued a separate task order for the workforce housing, utilities and related services. In an effort to maximize the government’s programmed amount, we recommend NAVFAC Pacific consider a similar GCSC task order for Palau TACMOR and workforce housing on both islands (Rx and Tx site, respectively).

RESP: A separate contract will not be issued for workforce housing.

263. RFP, Factor 2. The RFP states prime contractors can’t provide a PPQ for subcontractors. Since the government does not provide PPQ/CPARS for subcontractors, it seems clear NAVFAC is stating a prime contractor bidding TACMOR can not issue a PPQ for a subcontractor. However, a prime contractor bidding TACMOR with a subcontractor that has a PPQ from a different prime, it appears NAVFAC will accept this PPQ as there is no connection with the prime contractor bidding TACMOR.

Please verify if this is acceptable.

RESP: The Government will accept PPQs for relevant projects submitted under Factor 1 Experience. If you intend to submit a project that was completed by a subcontractor, please ensure that your proposal is in compliance with Document 00 22 00, paragraph

2.3, Technical Evaluation Factors, Factor 1, Experience, Notes, in particular, Note 6.

Factor 2 Past Performance, Notes, Note 3 refers you back to the notes for Factor 1.

264. We have several products that meet the specification. The difference between the geotextiles would be the intended, project-specific function and use of the geotextile.

The specification is in Section 31 05 22 on page 3 (see below for technical data and index properties of the specification). Do you know the intended use or application? Our reinforcement product (if base would be installed above to support a structure whether pavement, unpaved, or other) and engineered high-strength woven geotextile RS380i meets this specification, but if the application is purely for drainage and separation, we have a different line for embankments, rip-rap, etc called a filter-weave that do not provide the reinforcement component due to the low friction of the textile.

RESP: See CH551, Sections A, B and C

265. AMD+02+22R1322, REV 2, Amd 02, Page 3 of 4. Will excess excavated material for SLIN 0001AC and 0001AC be the property of the client or can it be used by the contractor?

RESP: There is no prohibition on using the excess excavated material.

266. PAF 198127 TACMOR_DWGS 7 of 7. As shown in Reference drawings A1/S501 and A1/S505, can Polymeric Strap Reinforcement be used in the place of Welded Wire Mesh reinforcement for the MSE wall in the new design. Please advise.

RESP: No, please bid as indicated in the plans and specifications.

267. General. Please clarify, the project is exempted from Gross Sales Tax in Palau.

RESP: Please see the COFA and the SOFA.

268. Spec section 32 31 26, Cattle Fence Wood and Plastic Composite Fence and Backing Beam Materials. We are currently unable to find a supplier that can provide the fence post and brace and backing beam material as specified. Would an alternate material be considered? If so, please advise and provide specification

RESP: No, please bid as indicated in the plans and specifications.

269. Notice No. 3, Pre-Proposal Questions & Answers, RFI #125. The Government’s response to RFI #125, a question regarding manufactured on-site fill at the Rx Site, stated the following: “Base bids on the assumption that the crushed/manufactured onsite soil is suitable to meet fill specifications. See forthcoming amendment.” Is it the Government’s intention to allow manufactured onsite material for only common and select fill, or is it the Government’s intention to allow for onsite material to be used to manufacture surfacing aggregate, pipe and trench bedding and backfill, and crushed aggregate base course?

RESP: Response is deferred.

270. Notice No. 3, Pre-Proposal Questions & Answers, RFI #206. The Government’s response to RFI #206, a question regarding the use of locally available aggregate materials at the Tx Site, stated the following: “Base bids on using local aggregates.

Contractor shall be responsible to perform the required testing in accordance with the specifications. Should the aggregate be found to be unacceptable, it will be handled as a changed condition.” Please clarify how this will be applied by answering the following questions:

a. Does this only apply to inherent aggregate quality source tests such as Magnesium or Sodium Sulfate Soundness specifications, LA Abrasion specifications, Resistivity and PH specifications?

RESP: Response is deferred.

b. Does this changed condition also apply to aggregate tests that can be manipulated by means and methods? It is very likely that the local aggregate suppliers do not have the equipment or the willingness to meet the other required specifications, such as fracture specifications, fine angularity, gradations, flat and elongated particles, plasticity index specifications, or liquid limit specifications. Can the proposer use the list price of the local aggregates and expect to be able to use them without modification regardless of specification(s)?

RESP: Response is deferred.

271. RFP N62742-22-R-1322 Document 00 22 16 1.14. Question 103 requested the removal of FAR Clause 52.215-23 Limitations on Pass-Through Charges (and FAR 52.215-22 Limitations on Pass-Through Charges – Identification of Subcontract Effort). The Government responded that: “In accordance with FAR 15.408(n)(2)(ii), FAR 52.215-23 may be used when the total estimated contract is below the thresholds identified in 15.408(n)(2)(i) and for any contract type when the contracting officer determines that inclusion of the clause is appropriate. Provision FAR 52.215-22 and Clause FAR 52.215-23 shall remain in the solicitation.

FAR 15.408(n)(2)(i)(B)(2)(i) Directs that the Contracting Officer shall insert the clause 52.215-23, Limitations on Pass-Through Charges for DOD when the contemplated contract type is expected to be any contract type except – A firm-fixed-price contract awarded on the basis of adequate price competition.

It is very unusual for this clause to be included in firm fixed price contracts awarded on a competitive basis. Can the Government detail why its inclusion is appropriate? Is the Government including the clause only in the event that only one offer is received and therefore adequate price competition is not achieved? If adequate competition is achieved will the government delete the requirement?

RESP: The Contracting Officer has determined that the clause is appropriate. The clause will remain in the solicitation and the resultant contract.

End of Notice