22R1322 Note 6-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. 6

02 MAY 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.

RESPONSE REVISED FROM NOTICE NO. 3

206. Section 03 30 00, par 2.3.3, Concrete Aggregates. Question:

The only concrete and aggregate supplier in Palau does not have all the testing records required of the local aggregates for evaluation. Additional tests are required to determine if it complies with the project requirement, the ASR test, LA abrasion test, sand test per ASTM D304, aggregates test per ASTM C33 test for deleterious materials are not available. Turn around for these tests is approx. 60 days which includes shipping of samples to an off-island laboratory.

Note: Without these test results, we have no recourse but to use imported concrete aggregates at a very high premium

Proposed solution:

1. Extend the bid date by 60 days to allow completion of the necessary testing.

2. For bid purposes, allow the use of the local aggregates subject to a change condition if found to be unacceptable after contract award.

For bid purposes provide bid allowance, a per ton U/C of aggregates FOB plant.

RESP: Base bids on using local aggregates. Contractor will be responsible to perform the required testing in accordance with the specifications. See Section 01 33 00, paragraph 1.9.5. Should the aggregate be found to be unacceptable, it will be handled as a changed condition.

NOTICE NO. 5 QUESTIONS AND ANSWERS CONTINUE

273. Reference: RFP submittal due date of May 10th, 2022. Question: Addendum 4 did not include answers to critical RFIs, we respectfully request to extend the bid date four weeks from the date we receive answers to pending RFIs. Please be advised that we need time to adjust / prepare cost estimate, technical proposal and schedule in accordance with answers to those critical questions and convey the information to our subcontractors / suppliers to price accordingly.

RESP: The RFP closing date and time remains unchanged.

274. Document 00 22 00, Page 5 of 7, Management Plan Page Limitation. To provide the Government with a comprehensive Management Plan that addresses all requirements of the RFP, will the Government consider increasing the maximum number of pages from 5 pages to 8 pages?

RESP: See Amendment 0006

275. EM385-1-1, Section 3 – Medical and First Aid, Subsection 03.A.03, First Aid and Medical Facility Requirements, b. Please confirm the Government views both the Tx and Rx sites as Rural locations and outside the definition of “5 minutes of the work location”

RESP: Both the Tx and Rx sites are further than 5 minutes from a hospital, medical clinic or doctor’s office.

276. EM385-1-1, Section 3 – Medical and First Aid, Subsection 03.C First Aid Station and Health Clinic. Please confirm if the Government views the Tx and Rx sites as remote locations where medical care is not available within 5 minutes, a properly equipped emergency vehicle, helicopter or mobile first aid unit shall be provided during work hours

RESP: Both sites are considered remote.

277. EM385-1-1, Section 3 – Medical and First Aid, Subsection 03.A.03 – First Aid and Medical Facility Requirements, d. Please confirm if the Government considers project operations as medium, high or extremely high. If the total # of employees exceed 300, this would trigger the requirement for health clinics as defined in Section 03.C of

EM3851-1.

RESP: The contractor is required to provide activity hazard analyses (AHA). The AHA must be formatted in accordance with EM 385-1-1 and accepted by the Government.

See Section 01 35 26 Governmental Safety Requirements, paragraph 1.9.

278. DFAR 252.225-7045 – Balance of Payments Program – Construction Material Under Trade Agreements. One of the major supply routes to Palau is from the Philippines. The Balance of Payment Program does not allow material/supplies/equipment for permanent construction from the Philippines. Please confirm material/equipment from the Philippines will not be allowed.

RESP: The Philippines is not one of the listed countries in DFARS 252.225-7045, however, please see DFARS Subpart 225.75.

279. Drawing “CD051 – Overall Erosion Control and Demolition Plan” As all erosion control requirements need to be in-place prior to demolition, clearing, grubbing, MEC, etc., please confirm the UXO/MEC contractor currently under contract with NAVFAC will be responsible for items shown on this drawing. Please confirm UXO/MEC contractor shall furnish, install, and maintain all erosion and dust control measures for the duration of their contract.

RESP: Confirmed. See forthcoming amendment.

280. Period of Performance – 1095 Calendar days. COMMENT: There have been a number of instances occasioned by Amendments & Notices that call into question the level of confidence in executing the work within the 1095 calendar days following issuance of a single NTP.

The government’s response (#133) in Notice #3 provided direction as to the fixed date that the contractor may expect to receive possession of the Angaur Rx site (No later than June 30, 2023). Standard Form 1442 re-issued in Amendment 0002 reduced the bid acceptance period from 180 to 90 calendar days follow the bid submission presumably to address concerns as to the global volatility of construction material. By bringing forward the award date this modification alone compresses the performance period of Angaur by a potential period of up to 90 days due to the fixed date for possession of the Rx site. This together with the characterization of the in-situ material at the Tx site as unsuitable for reuse as common fill in Notice No 5, Q/A 210 and the subsequent removal & importation of +/- 98,000 CY seriously jeopardize any likelihood of completing the entire scope of work within the current period of performance. We earnestly ask the government to give due consideration to extending the performance period by a further 240 calendar days to provide a reasonable level of confidence that the work can be accomplished successfully.

RESP: Response is deferred.

281. Section 32 11 23, Paragraph 2.1). We recently sampled all material sources on Babeldaob Island for use on the Tx site and have independently verified through an accredited laboratory in the US that there are certain inherent material characteristics at all of these material sources that do not meet the RFP requirements for Aggregate Base Course under Section 32 11 23. Please confirm that bids should be based on use of locally available materials for Aggregate Base Course. Also confirm if locally available materials do not meet specification this will be handled as a changed condition (i.e.

costs of purchase, shipping, hauling, etc. of off island imported material will be covered under a contract modification).

RESP: See forthcoming amendment.

282. Section 32 15 00, Paragraph 2.1. We recently sampled all material sources on Babeldaob Island for use on the Tx site and have independently verified through an accredited laboratory in the US that there are certain inherent material characteristics at all of these material sources that may not meet the RFP requirements for Surfacing Course under Section 32 15 00. Please confirm that bids should be based on use of locally available materials for Surfacing Course. Also confirm if locally available materials do not meet specification this will be handled as a changed condition (i.e.

costs of purchase, shipping, hauling, etc. of off island imported material will be covered under a contract modification).

RESP: See forthcoming amendment.

283. Section 32 13 13.06, Paragraph 2.1.3. We recently sampled all material sources on Babeldaob Island for use on the Tx site and have independently verified through an accredited laboratory in the US that there are certain inherent material characteristics at all of these material sources that will not meet the requirements of Section 32 13 13.06.

Please confirm that bids should be based on use of locally available aggregates for use in PCCP for roads and site facilities. Also confirm if locally available materials do not meet specification this will be handled as a changed condition (i.e. costs of purchase, shipping, hauling, etc. of off island imported material will be covered under a contract modification).

RESP: See forthcoming amendment.

284. Section 32 12 16, Paragraph 2.2 & 2.4. The government has waived the aggregate requirements under Para 2.2 to allow bids to be based on use of locally available aggregates. However, after sampling and testing of the local material sources on Babeldaob Island, it is apparent that if locally material is used in HMA, the mix design criteria specified in this section may not be achievable. Please confirm that the Mix Design Criteria (Table 5) will also be waived to allow use of locally available material. Also confirm, if mix design criteria cannot be achieved with locally available materials this will be handled as a changed condition (i.e. costs of purchase, shipping, hauling, etc. of off island imported material will be covered under a contract modification).

RESP: See response to RFI 270b

285. Please clearly confirm which specification sections the government is requesting that contractors should base their pricing on use of locally available aggregate materials and which section that contractors should base their pricing on use of imported aggregate materials for both the Tx and Rx sites. Please also confirm that if the government instructs to base pricing on use of locally available aggregate materials and these materials do not meet the specification requirements that this will be handled as a changed condition (i.e. costs of purchase, shipping, hauling, etc. of off island imported material will be covered under a contract modification). Given the somewhat ambiguous positions of the government’s responses to pre-bid RFIs on this topic so far, we respectfully request that bid date be extended until all RFIs regarding this topic have been responded to.

RESP: See revised response to Question No. 206. The RFP closing date and time is not extended.

286. RFP Specification Section 01 57 19, Page 8. Amendment No. 0001 from 08 Feb 2022, Rev 1, Ngaraard State MOU related to Soil Disposal Site 1 (SD1), and PPI Nos.

63, 71, 79, 132 and 224. The Memorandum of Understanding between Ngaraard State

Governor Benjamin Iskawa and Chairman Robert Tutii of the Ngaraard State Public Land Authority, Item 3. Agreement states from March of 2021 states in part:

“a. It is agreed by the parties to give favorable consideration for the use of state public land, identified as SD1, located in Elab Hamlet, for the disposal of excess soil from the TACMOR Project TX Site.

b. It is understood use of the site will be available to the construction contractor as an option and at their discretion. Use of the site would be pending an agreement between the contractor and Ngaraard State Government.

c. It is understood certain improvements to the land area will include construction of an access roadway…All activities will be conducted by the construction contractor and subject to the laws and regulations of the Republic of Palau.”

The subject MOU and responses to PPI Nos. 63, 71, 79, 132, and 224 all reference permits and indicate the awardee / contractor must obtain permits. However, the Status of Forces Agreement (SOFA), Page 33 states: The laws and regulations of Palau shall not apply to the terms and conditions of employment of United States personnel or third country contractor personnel by the Armed Forces of the United States or United States contractors. The Government of Palau shall not require United States personnel, third country contractor personnel or United States contractors to obtain any license, permit or certificate, or to undergo any examination, in connection with the performance of their duties on behalf of the Armed Forces of the United States.

Question: Please clarify and confirm that the awardee / contractor will not have to obtain licenses, permits, certificates, or undergo any examinations in connection with performance of their duties on behalf of the Armed Forces of the United States.

RESP: Provide permit applications in accordance with section 01 57 19 Temporary Environmental Controls, paragraph 1.2.

287. General, Performance Period of 1,095 days from NTP. The current procurement cycles for long lead and specialty materials and equipment is significantly longer than usual due to impacts related to COVID-19 and other major world events. For example, electrical equipment is requiring between 12 to 18 months and oftentimes longer.

Additionally, other project constraints including weather and shipping logistics within Palau from Koror to Angaur will require additional time beyond what would typically be required for a project such as this. Given this we respectfully request the Government reconsider extending the POP from 1,095 to 1,800 days to ensure adequate time to address these significant and unique challenges.

RESP: Response is deferred.

288. General, Due Date for Proposals. To allow all offerors and their teaming partners, subcontractors, and material and equipment suppliers adequate time to consider the most recent responses to comments from Notice No. 5 and the subsequent responses to comments to recently submitted questions, we respectfully request the Government extend the due date for proposals to a time period two weeks beyond the time when responses to the remaining questions are provided to offerors. This should allow for best value to the government for this large and very critical project.

RESP: The RFP closing date and time remains unchanged.

End of Notice