24R1308 Note 9.pdf

Notice No. 9 9 May 2024

PRE-PROPOSAL QUESTIONS & ANSWERS

RFP N62742-24-R-1308

FY23 MCON P-923 AIRCRAFT PARKING APRON, FY25 MCON P-941 MAINTENANCE

SUPPORT FACILITY, AND FY25 MCON P-949 AIRCRAFT MAINTENANCE HANGAR,

ROYAL AUSTRALIAN AIR FORCE BASE, DARWIN, AUSTRALIA

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.

REVISED RESPONSES FROM NOTICE NO. 4 DATED 15 APRIL 2024

119. Section 09 (Architectural Finishes and Components Schedule) - Finish schedules indicate a concealed ceiling suspension system for all Acoustic tile ceilings. Please advise whether a grid system can be utilized?

REVISED ANSWER: Contractor to submit variance request to use a commercial grid system in lieu of concealed ceiling suspension system.

REVISED RESPONSES FROM NOTICE NO. 6 DATED 30 APRIL 2024

241. P941 - Dwg 17310628 (MA601) Chiller Refrigerant Mechanical drawing – NAVFAC drawing number 17310628 (MA-601) – Chillers: this clause requires the use of R-32 refrigerant for the Chillers, however, very few manufactures can provide R-32 for air-cool chillers in Darwin.

Please advise if other zero ODP refrigerants will be accepted as opposed to chillers with R32 refrigerant?

REVISED ANSWER: Contractor to submit variance request to use other zero ODP refrigerants in lieu of R32 refrigerant.

RESPONSES DEFERRED FROM NOTICE NO. 2 DATED 28 MARCH 2024

104. P941/P949 - Drawings AA621 - All acoustic doors and fire doors are nominated with a 20 year warranty however industry standard for doors is 2 years. Please advise if 2 year warranty is acceptable?

ANSWER: No, warranty was revised via Amendment No. 0002 to 5-year.

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND, PACIFIC

258 MAKALAPA DRIVE, SUITE 100

JOINT BASE PEARL HARBOR HICKAM, HAWAII 96860-3134

107. P949 - Drawings 17311336 (EA001), 17311355 (EA123) - P4 Light fitting has not been detailed on the lighting fixtures schedule on drawing EA001 however is nominated on drawing EA123. Please provide details of light fittings?

ANSWER: See response to Queston 268 from Notice 6.

108. Section 09 Architectural Finishes and Components Schedule Page 37/38 and Section 31 31 16.13 ‘Chemical Termite Control' For P941 and P949 - There appears to be a discrepancy between Section 09 Architectural Finishes and Components Schedule Page 37/38 and Section 31 31 16.13 ‘Chemical Termite Control' for termite management. Section 31 of the specification nominates ‘Soil Chemical application as well as Stainless Steel Mesh Barriers’ with no mention of a plastic TMB (Termite Moisture Barrier.), however, Section 09 Architectural Finishes and Components Schedule nominates plastic TMB.

It is our understanding that stainless steel mesh barriers are not approved for use in the Top End due to the Termite varieties present here including Masto Termes, so the option here would be soil chemical application. The specification requires a 5-year warranty which can’t be supplied on any soil chemical application in the Top End due to reduced chemical lifespans.

ANSWER: Response deferred.

143. P949-Drawing AB701- Where is the security screen MW13 located in the building?

ANSWER: MW13 Screen is not used. Will be removed in forthcoming amendment.

RESPONSES DEFERRED FROM NOTICE NO. 3 DATED 10 APRIL 2024

189. Section 01 32 17.00 20, para 1.2.2. This section states that the NAS baseline must be submitted within 30 days of notice of award. Usually, on projects of this magnitude and complexity, the Government requests an interim 90-day schedule within 30 days of award, then the NAS baseline schedule within 90 days of contract award. It will be extremely difficult to prepare and submit the NAS baseline schedule within 30 days of contract award, considering that NTP will be approx. 21 days after the award, partnering kick-off will be within 35 days of the award, and between these, the contractor is expected to arrange a meeting with the KO to discuss scheduling requirements per paragraph 1.2.1. We request that the 30 days be revised to at least 90 days in line with normal NAVFAC NAS requirements.

ANSWER: Submit the Baseline NAS within 60 calendar days after contract award. Contractor to follow conditions 1.2.2.a, b, and c. Amendment forthcoming.

190. Section 01 33 29, para 1.4.2.2 sub para a. Please confirm that the Government has obtained a third-party certification design compliance report in accordance with this paragraph requirement. Given that this is a design-bid-build project, the government is responsible for the design.

ANSWER: Response deferred.

RESPONSES DEFERRED FROM NOTICE NO. 4 DATED 15 APRIL 2024

262. Aircraft Hangar-Architecturals-AA115. Are bollards required for the sides of double doors for protection from forklifts? If yes, please identify bollard type and locations.

ANSWER: For P949 Hangar building, bollards are not required at sides of double doors.

273. General Enquiry Acoustic Report. Please advise if an acoustic report has been completed for the project. Under normal Australian building practices, the acoustic report is completed at the design stage and gives details required for the bidder to meet the building envelope requirements. If no report has been performed, what acoustic and envelope requirements/Australian standards are to be followed and achieved.

ANSWER: An acoustic report was prepared as part of the design and requirements. The information has been incorporated into the drawings and specifications. The building construction/envelope is not design-build and will not be provided.

276. General Enquiry Room Data Sheets. In Australian Defence projects contracts, room data sheets are provided. These sheets document every item in that room, such as lights, sinks, tables, projects etc. Please provide them to ensure all items are covered. Also, please advise if the contractor is to provide these upon project completion.

ANSWER: The project has been documented to NAVFAC Pacific requirements. Room data sheets are not part of the NAVFAC documentation standards. All required information is included in the drawings and specifications for Structural Interior Design (SID) elements as part of the contract documents. Further, FF&E plans are included in the Interior Design drawings.

RESPONSES DEFERRED FROM NOTICE NO. 6 DATED 29 APRIL 2024

311. P-941-Architectural MSFB- Section 04 20 00. Please advise the cement mortar class under AS 3700 for MA01 to MA04/ M01 to M02.

ANSWER: Section 04 20 00, Mortar table to be revised. Amendment forthcoming.

314. P941-Architectural MSFB. After review of the door schedule, there are several discrepancies found in acoustic rating between the Specification and Door schedule, please confirm that the specification will take precedence over the door schedule.

ANSWER: The acoustic ratings in the Door Schedules are correct. The specifications will be revised. Amendment is forthcoming.

326. P941 Drawing AA503. Drawing AA503 - Partition type P21 shows insulation on the detail but not identification tag. Please confirm type of insulation required.

ANSWER: P941 Drawing AA503 updated to show P21 insulation IN02.

(INSULATION - 75mm BATTS R1.7 11KG) Refer to Amendment No. 0003.

327. P941 Drawing AA503. Drawing AA503 - Partition type P24 shows insulation on the detail but not identification tag. Please confirm type of insulation required.

ANSWER: P941 Drawing AA503 updated to show P24 insulation IN02.

(INSULATION - 75mm BATTS R1.7 11KG) Refer to Amendment No. 0003.

330. P941 Drawing AA503. Drawing AA503 - Secure Wall Partition type P11 notes VP01 to each side of the wall but description notes 13 mm plasterboard. please confirm what lining is required to the partition.

ANSWER: P941 AA502 drawing will be revised to change tag from VP01 to PB01.

Amendment forthcoming.

RESPONSES DEFERRED FROM NOTICE NO. 8 DATED 7 MAY 2024

344. Development Approval, building approvals and fit for purpose RFP section 00 70 00 – FAR 52.236-7 “Permits and Responsibilities” provides that the Contractor is responsible for obtaining any necessary licences and permits. We refer also to RFI question 259 and the Answer given that ‘The project has submitted the required approvals to the relevant Authorities’.

Firstly, would NAVFAC please confirm that approvals in respect to design required to commence work have been granted by the relevant authorities and whether those approvals have any relevant conditions attached, and secondly, (with reference to RFI question 261) that the designer has provided a statement or certificate that confirms that the design meets the requirements of the Contract.

We also make reference to the HOTO checklist and Section 01 11 00.01 PART 1, Clause 1.1.1 which indicates that the contractor is required to ensure that the project is fit for purpose. We make reference to RACI matrix at page 207 of PART A P-923 P-941 P-949 Division 0120240222 which shows that the Contractor is responsible (R) for “Compliant Design (includes NCC, BWM, MFPE, MIEE etc)”. Further references within the HOTO documentation require the Contractor to ensure that the works are fit for purpose.

These requirements are very serious and are inconsistent with a construct only contract where the design has been completed by others. Normal practice under a construct only contract is for the contractor to warrant only that the works have been constructed using reasonable skill and care, not to warrant fit for purpose for work the contractor has not designed.

Therefore as our third point, we respectfully request clarification from NAVFAC as to the nature of the Contractor’s obligations under this contract in respect to design and fit for purpose. Fit for purpose, related approvals and permitting, and general design obligations placed on the contractor, for design developed by others, would be a very discouraging risk allocation (there being very limited opportunity to complete due diligence on the design work presented in the solicitation).

We refer also to RFI question 261 where another tenderer has requested confirmation from NAVFAC that the designer confirms that the design meets the Specifications. It is not clear how the tenderers would be able to rely on such a confirmation – and so as our fourth point we ask NAVFAC to please clarify.

ANSWER: Response deferred.

351. All Buildings-Roof Details After review of the steel building (hangars and facility) roof details, there appears to be multiple conflicts with the roofing type and build up. For example:

• AA405 A2 Lift core, Insulated Panel, VP01, PL01, no insulation

• AA 512 A1 shows Insulated panel, INSM (mesh) and IN03, but no ply

• AA513 A1-A2-A3 all details show insulated panel, INSM, VP01 and IN03

• AA521 C1-C2, high roof above hangar doors shows insulated panel, INSM, VP01 and

Pl01 (Ply) no insulation; Detail C3 which is the top of the hangar roof junction at the wall shows insulated panel, IN21 and CE40, which is our soffit lining

• AA523 C1 shows office roof joining Hangar wall with everything, insulated panel, VP01, IN21, PL01

• AA527 A1 shows a detail as how the ply is installed, angle fixed to purloin, each side to support ply, which must be sealed to each side of the purloin

• AA751 A1 shows Insulated panel, VP01, IN20 and PL01 Further, we have noted a major buildability issue that involves the safety mesh (INSM). Most details show the mesh sat on top of or between the purlins and then the insulated panel on top of this. This poses significant safety and buildability concerns, particularly regarding the metal-to-metal contact of the mesh and panel. The detail in this contract is not a standard building practice in Australia or other NAVFAC projects within the country for steel structure hangars and buildings.

Please advise if the details In the contract drawings for the roof build up, particularly those identified in the above drawings need to be followed or can the contractor during the shop drawings phase utilize its own standard roofing detail that meets buildability and safety requirements as long as those standard details meet the overall requirements of the roof detail and encompass the main critical features (steel structure, purlins, safety mesh, ply board, insulated panel)? If not, how does the Government intend the contractor meet Australian safety and buildability standards for this aspect of the project?

ANSWER: Response deferred.

NOTICE NO. 9

355. Approvals and Requirements Under the Commonwealth Deed and Australian Requirements Schedule: The Commonwealth Deed and Australian Requirements Schedule extend the obligations of the Contractor beyond what would otherwise be required under a construct only contract (i.e. design-bid-build contract).

Please review page 249 of Specification PART A division 1 RACI matrix and confirm and clarify the following:

Reference Concern Clarification sought Compliant Design (includes NCC, BWM, MFPE, MIEE etc.)

The annotation in the RACI matrix under column titled Contractor (all Delivery Contractors - HC, MC & EMOS)’ allocates this responsibility to the ‘R (MC)’

Please clarify that this responsibility would only apply to a ‘managing contractor’ (“MC”) and that the contractor under this agreement is not a managing contractor and not accountable and responsible for design.

References to R(MC) within the RACI matrix.

This annotation in the RACI matrix refers to a different form of contract in Australia known as the managing contractor model where the managing contractor (MC) assumes responsibilities in respect to design and other tasks which are not within the scope of this construct only contract where the design has been completed by others.

Please clarify that the obligations of the MC in the RACI matrix are not the obligations of the contractor.

References to ‘fit for purpose’ in the HOTO requirements.

The broad obligation of fit for purpose may require modifications to the design (which has been completed by others). In these circumstances we are concerned that cost and time required to modify the design of the works are not reimbursable to the contractor.

Please confirm that modification of the design to achieve ‘fit for purpose’ would be handled as a change order pursuant to clause

FAR 52.243-4.

ANSWER: In accordance with RFP Document 00 73 00, paragraph 1.27, “Any questions concerning the applicability or interpretation of the Commonwealth’s Deed Poll should be directed to usfpi.facilities.infrastructure@defence.gov.au.

356. Site access and the Commonwealth’s obligation to allow site access:

The provisions of the Commonwealth Deed and Australian Schedule of Requirements, including Clause 11(b)(ii) allow the Commonwealth to occupy and access the Base, of which the Site is part. This, taken with the other requirements of the Australian Schedule of Requirements allows the Commonwealth to delay or interrupt the work.

Please confirm that:

- subject to the Contractor meeting the conditions precedent set out in the Specification, NAVFAC is responsible for providing and maintaining the availability of the Site as required to carry out the works, and that where the Site is unavailable at the time required for commencement of the work, or becomes unavailable; and,

- that if the Commonwealth or any person authorised by the Commonwealth impedes, disrupts or frustrates the Contractor’s performance of the Contract, or causes the Contractor delay, the potential for which is highlighted in the Australian Requirements Schedule at clause 11(b)(ii)(G), this would be considered to be an act, or failure to act, and in each case would give rise to an entitlement to an adjustment for any increase in the cost of performance of the contract, in accordance with FAR 52.242-14, and that, where this causes delay, this would be considered to delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor pursuant to clause FAR 52.249-10

ANSWER: RFP Document 00 70 00 includes both FAR 52.242-14 Suspension of Work and FAR 52.249-10 Default. The contracting officer will determine the applicable clause based on specific incident and address according to those procedures.

357. 7(b)(c) fit for purpose workmanship and materials:

The Australian Requirements Schedule specifies that the Contractor must, in carrying out the Contractor’s Activities it must use (b) workmanship which is fit for its purpose; and (c) use materials which are of merchantable quality, which are fit for their purpose and consistent with the nature and character of the Works.

Please confirm that the workmanship and materials as designed and specified by the Government are fit for their purpose and consistent with the nature and character of the Works.

Please confirm that any changes to the workmanship and materials designed and specified by the Government that are required to meet the requirements of the Australian Requirements Schedule would be handled as a change order under clause FAR 52.243-4.

The Australian Requirements Schedule specifies that the Contractor must, in carrying out the Contractor’s Activities it must use (b) workmanship which is fit for its purpose; and (c) use materials which are of merchantable quality, which are fit for their purpose and consistent with the nature and character of the Works.

Please confirm that the workmanship and materials as designed and specified by the Government are fit for their purpose and consistent with the nature and character of the Works.

Please confirm that any changes to the workmanship and materials designed and specified by the Government that are required to meet the requirements of the Australian Requirements Schedule would be handled as a change order under clause FAR 52.243-4.

ANSWER: Please bid according to the RFP. As previously mentioned, the RFP Document 00 73 00, paragraph 1.27 states, “Any questions concerning the applicability or interpretation of the Commonwealth’s Deed Poll should be directed to usfpi.facilities.infrastructure@defence.gov.au.” Change orders will be handled in accordance with FAR 52.243-4 Changes.

358. Smart Infrastructure Handbook.

The Smart Infrastructure Handbook appears to have become unavailable through the DEQMS website. Please provide a copy of the edition of the Smart Infrastructure Handbook that the Contractor is required to refer to.

ANSWER: Handbook to be provided in spec 01 11 00. Amendment forthcoming.

359. Licenses and Permits to be obtained by the Government.

The Specification Section 01 57 19 includes at clause 1.7 a provision for the Government to identify the permits that it has obtained or will obtain, as set out below. We request that this clause is completed with any relevant permits.

ANSWER: Spec 01 57 19 para 1.7 will be revised in forthcoming amendment.

360. Irrevocable Letter of Credit (ILC) Referencing the Negotiated Contract Clauses 00 70 00 clause FAR 52.228-1 Bid Guarantee, and clause FAR 52.228-14 Irrevocable Letter of Credit.

We are seeking NAVFAC approval of the format to be used for an ILC to be provided in lieu of a bid bond, a copy of the proposed format is attached. This format is intended to be consistent with the requirements of clause FAR 52.228-14 and in particular with the wording appearing in paragraph (e) of that clause.

ANSWER: The Government does not pre-evaluate proposals. As stated, ILC must be in accordance with FAR 52.228-14 Irrevocable Letter of Credit paragraph (e).

361. Land clearing is required for the Project, there are permitting requirements for this under the Planning Act 1999 (NT).

We request that NAVFAC confirm that the Site is subject to an approved land development approval or planning scheme that includes the clearing of Native Vegetation under the Planning Act, or whether NAVFAC has in place or has applied for a permit to allow clearing of native vegetation on the Site.

ANSWER: The Government has applied for approval. Refer to Q359. Spec 01 57 19 para 1.7 will be revised in forthcoming amendment.

End of Notice