24R1327 DBMACC Notice3.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND PACIFIC

258 MAKALAPA DR STE 100

PEARL HARBOR HI 96860-3134

RFP N62742-24-R-1327

Notice No. 3

18 June 2024

PRE-PROPOSAL QUESTIONS & ANSWERS

DESIGN-BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (DBMACC),

PRIMARILY FOR U.S. MILITARY CONSTRUCTION PROJECTS IN GUAM AND OTHER

AREAS UNDER THE COGNIZANCE OF THE NAVFAC PACIFIC

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.

23. Document 00 21 16, Instructions to Proposers. RFP Instructions to Proposers states that "An original paper and three (3) paper copies of the Phase 1 submission for Factors 1 through 3 shall be submitted…"

Would the Government please allow for electronic delivery of proposals? We have been experiencing FEDEX issues specific to their Hawaii office which necessitates a very early launch of the packet to ensure delivery. Electronic delivery on the due date with follow-up submission with a hard copy in 5 business days would be a good compromise. This would provide a hard and soft copy for the team and both copies would be available for Government reviewers in a timely manner.

ANSWER: The Government has considered your request; however, the RFP remains unchanged.

24. Document 00 21 16, Instructions to Proposers. Currently, the RFP mandates manual (wet) signatures on several key documents, including the SF1442 (RFP page 9), bid bond (RFP page 10), and other required signatures (RFP page 22). However, we’ve observed that officers responsible for signing these documents often face challenges due to travel between OCONUS project sites and corporate offices.

To alleviate this burden, we kindly request that the Government consider accepting electronic signatures. These signatures are equally binding, secure, and accepted during contract execution and modification activities. Specifically, we propose allowing electronic signatures on the FAR-compliant title page, SF1442, SF30s, bid bond, and any other documents requiring signature.

ANSWER: The Government has considered your request; however, the RFP remains unchanged.

25. Document 00 22 00, Factor 2, Design Experience. The RFP states that "If a completed CPARS or AE Contractor Appraisal Support System (ACASS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for Design Experience."

Unfortunately, designers who performed as subcontractors under a Design-Build contract are not privy to the CPARS that the Prime receives from the Government. Would the Government please amend this language to clarify that Designers are to provide PPQs from the client to establish Past Performance on a Design-Build contract?

ANSWER: The Government has considered your request; however, the RFP remains unchanged.

26. Document 00 22 00, Factor 2, Design Experience. The RFP states that "If the Offeror utilizes a subcontractor’s experience to demonstrate relevant project experience, the project may not be given the same level of consideration as either a prime contractor, a joint venture partner, or LLC member company, because there is no direct legal relationship between the Government and the subcontractor. Proposals that utilize a subcontractor’s experience to demonstrate relevant project experience may be lesser considered."

Design partners are commonly required in order to provide a strong design-build team, and those designers are commonly subcontractors to the Prime. Would the Government please confirm that this does not apply to Design Experience?

ANSWER: It does apply to design experience.

27. Document 00 22 00, Factor 2, Experience. In regard to Construction Experience, the RFP currently states that, "7. The “Offeror” is defined as the exact name in Block 14 of the Solicitation, Offer and Award (SF1442). If the Offeror is utilizing experience and past performance information of any entity other than (1) the Offeror; (2) if the Offeror is a joint venture, its joint venture partners jointly and severally liable for the contract; or (3) a firm that has been acquired by the Offeror and is now part of the Offeror (separate legal entities are not considered part of the Offeror), the Offeror shall provide in its proposal a fully-executed teaming agreement or other contractual agreement."

We believe that highly relevant projects performed by an Offeror's wholly-owned subsidiary, and established for the purpose of local delivery in foreign countries, should also be considered.

We propose that the Government accept Construction Experience from an Offeror’s wholly-owned subsidiary if the Offeror can demonstrate meaningful involvement in the execution of the project. This ensures that the subsidiary’s experience is relevant and valuable.

Alternatively, we recommend accepting a project from a wholly-owned subsidiary if a dually-signed Letter of Commitment is provided between the subsidiary and the Offeror.

ANSWER: The Government has considered your request; however, the RFP remains unchanged.

28. Document 00 22 00, Factor 2, Experience. In regard to Construction Experience, the RFP currently states that, "7. The “Offeror” is defined as the exact name in Block 14 of the

Solicitation, Offer and Award (SF1442). If the Offeror is utilizing experience and past performance information of any entity other than (1) the Offeror; (2) if the Offeror is a joint venture, its joint venture partners jointly and severally liable for the contract; or (3) a firm that has been acquired by the Offeror and is now part of the Offeror (separate legal entities are not considered part of the Offeror), the Offeror shall provide in its proposal a fully-executed teaming agreement or other contractual agreement."

Would the Government please confirm that a relevant project performed by the Offeror as part of a Joint Venture is acceptable?

ANSWER: Confirmed.

29. Document 00 70 00, Contract Clauses. The solicitation includes the clause 52.204-2 Security Requirements which is required for solicitations that involve access to information classified as “Confidential”, “Secret” or “Top Secret”. Does the solicitation include any information classified as “Confidential”, “Secret” or “Top Secret”?

ANSWER: Clause 52.204-2 Security Requirements applies to all task orders for this MACC.

30. Document 00 70 00, Contract Clauses. The solicitation incorporates by reference both FAR 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data and 52.215-12 Subcontractor Certified Cost or Pricing Data - however FAR 15.408(b) requires these clauses in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor. Since it is anticipated that most task orders pursuant to the IDIQ contract will be made based on adequate price competition, is it the Government’s intention that FAR 52.215-10 and FAR 52.215-12 will be operative only in the event that a task order is issued to a contractor on a sole source basis?

ANSWER: Clauses 52.215-10 Price Reduction for Defective Cost or Pricing Data and 52.215- 12 Subcontractor Certified Cost or Pricing Data are included as the Government has contemplated that certified cost or pricing data will be required from the contractor or any subcontractor. See FAR 15.403-4.

31. Document 00 70 00, Contract Clauses. The solicitation incorporates by reference both FAR 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data and 52.215-12 Subcontractor Certified Cost or Pricing Data - however FAR 15.408(b) requires these clauses in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor. Since it is anticipated that this contract will be awarded based on adequate price competition, will the government please delete these clauses?

ANSWER: The Government has considered your request; however, the RFP remains unchanged. Clauses 52.215-10 Price Reduction for Defective Cost or Pricing Data and 52.215- 12 Subcontractor Certified Cost or Pricing Data applies to all task orders for this MACC.

32. Document 00 70 00, Contract Clauses. The solicitation incorporates by reference DFARS 252.215-7002 Cost Estimating System Requirements, however DFARS 215.408(2) requires that this clause be included in all solicitations and contracts to be awarded on the basis of certified cost or pricing data. Since this award will be based on adequate price competition, will the Government delete DFARS 252.215-7002 from the solicitation?

ANSWER: Clause 252.215-7002 Cost Estimating System Requirements applies to all task orders for this MACC.

33. Document 00 70 00, Contract Clauses. The solicitation includes DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Has anything in the solicitation been determined by the Government to be "covered defense information" as defined in the clause?

ANSWER: Clause 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting applies to all task orders for this MACC.

34. Document 00 70 00, Contract Clauses. The solicitation includes DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Does the Government anticipate any of the deliverables to be provided under the contract to be "covered defense information" as defined in the clause?

ANSWER: See response to question 33.

35. Document 00 22 00, Attachment A, Construction Experience Project Data Sheet, Block 8, subparagraph d and e, do not appear to be relevant to the solicitation requirements, referencing hardened structures/construction, ECM buildings, and concrete structures that are much more specific and limiting and not in alignment with the broader description of the facility types expected under the design-build MACC in Section 00 10 00 of the RFP. Will the Government revise this Attachment and remove sub-paragraphs d and e?

ANSWER: Document 00 22 00, Attachment A, Construction Experience Project Data Sheet, Block 8, subparagraph d and e to be deleted in an upcoming amendment.

36. Document 00 22 00, Attachment A, Construction Experience Project Data Sheet, Block 8, subparagraph d and e, are not listed as a types of relevant construction projects in the RFP’s Evaluation Factors for Award for Factor 2 – Experience. Please confirm that Offerors’ proposals will not be considered weak or deficient if items d. and e. are not included.

ANSWER: See response to question 35.

37. Document 00 22 00, Attachment A, Construction Experience Project Data Sheet, Block 8, items d and e provided with the RFP requires offerors to indicate project types and features of work that are not included in the relevancy criteria presented in RFP Section 00 22 00, Para 2.2, Factor 2 - Construction Experience. Specifically, Attachment A, Box 8, items (d) and (e) lists hardened concrete construction methods for blast protection and earth covered magazines (ECMs).

How will the Government evaluate information provided in response to items (d) and (e) in Attachment A against the Evaluation Criteria provided in Section 00 22 00 Para 2.2 for Factor 2 - Experience?

Or to phrase the question alternatively: Which of the three (3) project/facility types provided as Relevant construction/project in Section 00 22 00 Para 2.2 (Factor 2 - Experience) will items (d) and (e) in box 8 of Attachment A be evaluated against?

ANSWER: See response to question 35.

38. Document 00 22 00, Attachment A, Construction Experience Project Data Sheet, items

(d) and (e) provided with the RFP requires offerors to indicate project types and features of work that are not included among the three (3) relevant facility types presented in RFP Section 00 22 00, Para 2.2, Factor 2 - Construction Experience. Specifically, Attachment A, Box 8, items (d) and (e) lists hardened concrete construction methods for blast protection and earth covered magazines (ECMs).

If items (d) and (e) in Box 8 of Attachment A are not relevant facility types against which offerors’ experience shall be evaluated, please consider removing those items from Attachment A.

ANSWER: See response to question 35.

39. Document 00 22 00, Attachment A, Construction Experience Project Data Sheet, Block 8, items d and e ask for project details that are not part of the Factor 2 - Experience instructions or evaluation criteria (i.e., concrete construction, blast mitigation, earth-covered magazines, concrete pile foundations, and work self-performance). Would the Government please update Attachment A to match the requirements and evaluation criteria listed in Factor 2 - Experience of the RFP? If not, how will this information be used in the evaluation of Offeror proposals?

ANSWER: See response to question 35.

40. Due to the proximity of the July 4th holiday weekend to the current July 9th due date, and because of the need to deliver (by hand or courier) hard copies of the Phase One proposals, will NAVFAC please consider extending the due date by two weeks?

ANSWER: The Government has considered your request. The RFP remains unchanged.

41. Document 00 22 00, Attachment A, Construction Experience Project Data Sheet, Block 8, Items d and e.

d. (Does not apply to Design Experience.) New construction of cast-in-place and/or precast reinforced concrete structures/building where the structures/buildings, or portions of the structures/buildings, contained hardened construction to mitigate blast effects to provide protection for personnel or valuable equipment, or new construction of concrete Earth Covered Magazines (ECM).

The proposal shall clearly indicate the construction dollar value of the work associated with the construction of the hardened concrete structure/building; the portion of the structure/building that contained hardened construction; or the concrete ECM. The dollar value of these features shall be approximately $5M or more.

e. (Does not apply to Design Experience.) New reinforced cast-in-place concrete or reinforced precast concrete buildings supported on driven precast pre-stressed concrete pile foundations, approximately $10M or more.

Items d and e in Block 8 of the Attachment A are NOT RFP requirements in Document 00 22 00, Part II. Evaluation Factors and Basis of Award, 2.2 Non-Price Evaluation Factors, Phase-One, Factor 2 – Experience, (1) Construction Experience.

Please clarify information provided for items d and e in Block 8 of the Attachment A are solely for Government’s information and are NOT a part of the Basis of Evaluation for Factor 2 – Experience.

Additionally for item 3, is cast-in-place concrete piles considered as acceptable in addition to the pre-stressed piles?

ANSWER: See response to question 35.

42. Document 00 22 00, Attachment A, Construction Experience Project Data Sheet. Does “Attachment A, Construction Experience Project Data Sheet” also be used for Design projects?

If yes, a block seems to be missing for Design project data. Please clarify.

ANSWER: Yes, Document 00 22 00, Attachment A, Construction Experience Project Data Sheet is to be used for design projects. Indicate if it is a construction or design project by checking the appropriate box on the top of the form under the heading “Construction Experience Project Data Sheet.” Per Document 00 22 00, Factor 2 – Experience, “The Offeror shall complete the attached Construction and Design Experience Project Data Sheet (Attachment A) for each construction and design project submitted and shall complete all individual blocks.”