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QUESTIONS & ANSWERS
CUTTER LATERAL WATER TREATMENT PLANT / REACH 21 (DESIGN BUILD)
SOLICITATION NO. R16PS00462
AMENDMENT 3
| 1. |
| Please provide clarification on the content and order for the Phase 1 Proposal: |
Page 70 under L.6 General Proposal Instructions – Bureau of Reclamation, paragraph (b) 2. “Each volume shall contain the following format and content:
a. Cover Page
b. Table of Contents
c. Executive Summary
d. Discussion
e. Exceptions and Deviations Page 71 Phase One 1 Volume I, Business Proposal, second sentence “Volume I shall include the following documents (in the order listed):
1) Cover Page
2) SF1442
3) Fully Executed Section K, Offer Representations, Certifications, and other Statements
4) Additional Information
5) Make or Buy Program
6) Summary of Exceptions and/or Deviations Page 72 Phase One – Volume II, Technical Proposal, paragraph D Format and Content “…the following format shall be utilized in preparing the technical proposal:
1) Table of Content
a. Executive Summary
b. Factor 1: Past Performance
c. Factor 2 Experience
d. Factor 3: Teaming Arrangements/General Technical Approach
e. Factor 4; Key Personnel
f. Factor 5: Safety The first set of instructions applies to the overall, general instructions for Phase 1 submissions. There shall be two volumes, then the instructions are listed per volume submitted. The contents of the two volumes shall reflect the specific directions for the respective volumes. Please note there is a 70 page limitation for Phase One - Volume I
| 2. |
| Line 2 on form “Attachment 5 Key Personnel Fillable Form.docm” requests a State of Nevada Professional License. |
The drop down menu shows:
Architect Civil Engineer Contractor Electrical Engineer Mechanical Engineer Structural Engineer Please provide the Key Personnel Fillable Form for New Mexico.
See Amendment 2 for new form.
| 3. |
| The form “Attachment 4 Project Experience Fillable Form” appears to be for projects unrelated to this project. For instance, the questions on the form related to National Register of Historic Places, is the form included in the solicitation the correct form? |
| See Amendment 2 for corrected form. |
| 4. |
| The RFP states, “Foldouts shall be held to 14” x 11” long in size, with each sheet counting as two 8 ½” x 11” pages.” Should 14” x 11” long in size be 11” x 17”? |
| Yes, see Amendment 2 for corrected foldout size. |
| 5. |
| In the solicitation, the operation of the plant indicates a duration of only six months. Based on the duration, operating firms in the water market indicate that the premium costs could be better allocated if the duration was 18-24 months. Please consider this approach so that capital costs can be optimized and equipment warranty periods are not compromised between parties. |
| The six-month term for the extended plant commissioning will remain. During the progressive design-build contract, there may be an opportunity to explore a second operation and maintenance contract between the selected design-build contractor and NTUA, once the government contract is complete. |
| 6. |
| Please confirm that the plant design includes a full 5.4 MGD plant, yet the construction package for this phase will not be full build out. |
| As outlined in Part 1.07.L of subsection 01 81 05 – General Performance Requirements of Section C, the intent is to design a 5.4 MGD plant and construct the infrastructure for a 5.4 MGD plant, including but not limited to site work, roadways, buildings, etc. The WTP treatment train and associated equipment (i.e., finished water pumping equipment) will be sized and constructed to meet initial water demands. |
| 7. |
| Lection L.E.(3)d., page 74, requires “General means and methods for executing work addressing the principal components of the work . . .” Would BOR accept elaboration on standard practices and procedures rather than on detailed design/construction approach, due to lack of design specifics at this phase of procurement? |
| Yes, the intent of this requirement in the RFQ is for the design-build firm to explain their standard practices and procedures for designing and constructing the principal work components, including design and construction QA/QC and safety processes. It is not meant to be a detailed discussion of construction means and methods. |
| 8. |
| Is the Make or Buy Program applicable for this contract? |
| No. |
| 9. |
| There is no reference to page limit in the RFQ. To facilitate the BOR’s review of the numerous Phase 1 proposals in the anticipated short timeframe (between Phase 1 and Phase 2), we would like to recommend a page limit of 70 for Volume 2. |
| Amendment 2 provided a page limit (50 pages for Volume II). However, based on feedback from industry, this page limit is being increased to 70 pages. |
| 10. |
| It was stated at the site walk that a New Mexico PE (not Utah or Nevada) is required. Since Attached No. 5: Key Personnel Fillable form cannot be modified, will the BOR issue a new one with the correction? |
| Amendment 2 provided a corrected form. |
| 11. |
| Please confirm if you require 9 CDs or flash drives to satisfy the electronic copies requirement. Or, if a single e-mail to rgomez@usbr.gov or Leslie Corpening is sufficient. |
| The rgomez@usbr.gov e-mail address was correct via Amendment 2. All correspondence shall be sent to Leslie Corpening; lcorpening@usbr.gov. Electronic submission via 9 CDs or flash drives is required. |
| 12. |
| Can the BOR provide the Partnering Guide Book to bidders? |
| See Amendment 2. The Partnering Guide Book was attached. |
| 13. |
| Attachment 4 appears to be geared toward commercial buildings. Can the BOR provide a revised form that is better suited for infrastructure projects such as water treatment plants? Or, may we provide relevant information in our own one or two-page template. |
| Attachment 4 was corrected via Amendment 2. |
| 14. |
| Will the BOR issue the design-build contract when the RFP is issued so that contract review can occur at the same time as the RFP responses are being prepared? |
| Phase 2 will be to evaluate and select the successful firm for award. All contract clauses are included in the solicitation package. The specifications and drawings are available at the web address referenced in Section C of the solicitation. No additional contract clauses are anticipated to be issued. |
| 15. |
| Please exclude the OSHA Citations (if any) in Factor 5 from the 50-page limit, as Offerors have no control over the length of the comments from the OSHA investigator. |
| See Amendment 2 for updated RFQ requirements. Specific violation reports may be included as an appendix. |
| 16. |
| Please clarify how the Executive Summary will be scored in Section M. |
| The Executive Summary is not an evaluation factor, rather it will be used to communicate the offeror’s summary to the evaluation team; therefore, the Executive Summary is not included in Section M. |
| 17. |
| Please exclude the Executive Summary from the 50-page limit. |
| It is not included in the 70 page limit. However, Executive Summaries should be no more than 2 pages in length. |
| 18. |
| Please confirm that the SF 1442 is to be the first page of Volume 1, and not the “cover page” which is item 1. |
| The SF-1442 is not the cover page. The cover page should include information such as the solicitation title, solicitation number, phase and volume numbers, and offeror information. |
| 19. |
| Please clarify the statement on page 71 of Amendment 2 “Item 4. Title pages and table of contents, as well as resumes and letters of commitment are excluded from the page limitations.” In the detailed description of what is required for Factor 4, no letter of commitment is required. |
| The instructions on page 71 are general instructions. When a letter of commitment is required, it does not count toward the page limitation. |
| 20. |
| Please confirm that the resumes for both key personnel and alternate for the key positions are EXCLUDED from the page count. |
| Yes, resumes are excluded. Please see section L.6(b) for page limitation exclusions. |
| 21. |
| Please clarify the difference between the statement at the top of page 71, item 2, that Each volume shall contain a cover page and a table of contents, with the specific requirements for the separate Volumes which do not contained the same requirements. |
| This is a overall, general instruction designed to assist the evaluators in locating the contents of each volume. |
| 22. |
| We looked at the Q&A that was posted on fbo this morning and noticed that new page limits are now in place. The stated page limit as noted under Question/response #20 for Volume II is now 50 pages. We think this new limit is going to be a very difficult to meet and therefore ask that this limit be reconsidered. |
| Based on feedback from several offerors, the page limit has been increased to 70 pages. Please note in section L.6(b).4 the pages that are excluded from the page count. |
| 23. |
| RFP (AMD 0002), page 75, (Volume II) – Section (3) Factor 3: Teaming Arrangements / General Technical Approach; H: i. Teaming Arrangements: The offeror shall submit a complete and detailed teaming agreement that includes the following: information that is similar to that of the Design-Build Institute of America (DBIA) Teaming Checklist, or the American Institute of Architects (AIA) – Associated General Contractors of American (AGC) Design-Build Teaming Agreement…Are the teaming agreements excluded from page limitations? If excluded from the page count, may the Teaming Agreements be placed in an Appendix? |
| See the response to question #22 above. Section l.6(b).4 will be clarified to exclude teaming agreements from the page count. Including teaming arrangements as an appendix is acceptable. |
| 24. |
| RFP (AMD 0002), page 76; Subfactor 4c: Licenses and Professional Credentials: Evidence of licensure and professional credentials shall, at minimum, include a certificate issued by the sanctioning organization with the name of the licensed or credentialed individuals or firm, valid dates, and a tracking number. Are the copies of certificates excluded from the page count, and may they be placed in an Appendix. |
| Yes, they are excluded from the page limitations, and yes, they may be included in an appendix. |
| 25. |
| Any chance of this solicitation being moved to a new date? If so, when? |
| There are no plans to extend the due date. |
| 26. |
| Page 9 of the solicitation provides a link to download specifications and drawings from a USBR website. Please confirm that these downloaded specifications and drawings become par tof the contract documents when SF 1440 is executed by an offeror. |
| Yes, they will become part of the awarded contract. |
| 27. |
| Page 72 of the Solicitation has the “Executive Summary” required in two locations, D.1 and D.4. Please confirm if it is required in duplicate. |
| One Executive Summary is sufficient. |
| 28. |
| Page 74, 3.f is asking for the Offeror’s cost model for tracking estimating cost during the designphase. Please clarify if what is required is different than what is detailed in 01 20 05 and 51 40 00. If a different method is required, please provide detailed requirements. |
| The intent of subsection 01 20 05 – Cost Estimating Requirements of Section C is to provide requirements for preparation and submittals of the 30%, 60%, and 100% cost estimate deliverables, but does not provide requirements for software or the design-build contractor’s cost model. The cost model process is up to the contractor. Subsection 51 40 00 – Cost Estimate Guides provides specifications for the format of the cost estimating submittal, but does not pertain to the contractor’s model for tracking costs during the Open Book process. |
| 29. |
| Page 74, 3.h.i Teaming Arrangement, is masking for “a complete and detailed teaming agreement.” It was discussed at the site visit that a teaming agreement was not required for Phase 1. Please detail what is required in this section. |
| Teaming Arrangement is required for Phase 1. Teaming Agreement is required for Phase 2. |
| 30. |
| Page 74 of the solicitation is requesting a Phase 2 organization chart in section 3.h.iii. Please clarify that it is not required. |
| The Phase One and Phase Two language has been revised in this Amendment and replaced with design, construction, and operation and management phases. |
| 31. |
| Page 75, 4, Subfactor 4a.d. requires a Phase 2 Lead Operations and Maintenance Manager. Please clarify if this should be Phase 1 or not required at all. |
| The phase 2 reference is referring to Operations and Maintenance and has been removed. |
| 32. |
| Page 75, 4, Subfactor 4b.f is for a Quality Manager. Is this person required during design, estimating and construction? If so, there will be more than one person depending on timing. Please clarify what is required for this position relating to each discipline and experience. |
| This is referring to the role of Quality Control Manager, who may be different depending on the phase of the work. Please provide roles and responsibilities for any individuals that fill this position. |
| 33. |
| Page 75, 4, Subfactor 4c, please confirm that all Professional Engineers require New Mexico licensing. |
| Yes, the Professional Engineers require New Mexico licensing. |
| 34. |
| Does Reclamation have plans to transfer the design-builder contract to NTUA or other third party prior to the 36-month schedule for completion of the project (30 months for design and construction plus 6 months for extended plant commissioning)? |
| No, the Government will remain the contract owner through the 36-month contract. |
| 35. |
| Many corporations are unable to name third parties as additional Named Insureds under their insurance policies, but can include other third party entities and/or organizations as Additional Insureds. Adding a third party as an Additional Insured can be accomplished under certain liability policies, however, this is not typically possible for the Worker’s Compensation and Employer Liability coverage requirements outlined in Section I.2 (1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF THE INTERIOR). Can Reclamation please clarify whom within the “United States of America” should be included as an Additional Insured? |
1452.228-70 is a standard clause. A third party is not named insureds, but a type of coverage.
| 36. |
| It was stated at the Site Walk that the current land ownership of the Cutter Lateral Water Treatment Plant site is the Bureau of Land Management (BLM). Will Reclamation confirm this statement? Additionally, will the Design-Builder be required to provide land transfer assistance / activities for this project? If so, please provide detail regarding this scope of services for the Design-Builder. If not, does Reclamation have plans to transfer the land prior to the 36-month schedule for completion of the project (30 months for design and construction plus 6 months for extended plant commissioning)? |
The Project Site includes various land owners, such as BLM, State of New Mexico, Navajo Nation and Allotted lands. The Water Treatment Plant itself, as a project feature, is located on BLM land. Other project features are located on differing land ownership. Reclamation is obtaining easements to design and construct this project across those underlying land ownership. The Design/Builder will not be required to provide land transfer assistance. Also, Reclamation does not have plans to transfer the easement title prior to the 36-month schedule for completion.
| 37. |
| Within the Technical Specifications, numerous references are made regarding compliance with “Tribal” or “Navajo Nation” Regulatory Requirements (examples: Section 01 57 20, Paragraph 1.04 A; Section 01 57 30, Paragraph 1.04 B.1.a). Can Reclamation define how these laws/rules/regulations will apply, as the design-build contract will be held with Reclamation, not the Tribe or Navajo Nation? |
The awardee of the design build contract will be responsible for researching and complying with all “Applicable Federal, Tribal, State, and local laws and regulations” that may be required for the designing and building of this project.
| 38. |
| Regarding Section L.6 (WBR 1452.215-81, GENERAL PROPOSAL INSTRUCTIONS – BUREAU OF RECLAMATION), reference is made to providing an Executive Summary (b.2.c.) for each volume. However, under the description of the requirements for the arrangement of Volume 1 (Business Proposal), it does not include a requirement for an Executive Summary. Will an Executive Summary be required for Volume 1 and if so, can Reclamation describe what is needed for this section? |
Only one Executive Summary is required. Please see response to #16.
| 39. |
| What is the schedule for shortlisting for Phase II and when will the Phase II Proposals be due? |
We anticipate notifying the shortlisted offerors approximately the third week of May with an anticipated proposal due date for Phase 2 approximately the third week of June.
| 40. |
| Will the final contract documents contain an express mutual waiver by the parties of claims for any indirect, special or consequential damages? |
| This will be determined prior to award. |
| 41. |
| Will the final documents contain a liquidated damages provision for delays in the performance of the project schedule? If so, will these damages be capped at a reasonable industry standard 10 – 15% of contract value? |
| Yes, the final contract documents will contain a liquidated damages provision (FAR 52.211-12) for delays in the performance of the project schedule. A daily rate will be calculated and incorporated into the solicitation prior to the RFP. |
