RFP 70B01C20R00000110 Question and Answers forVehicle Disposal Services FINAL 09172020.docx

RFP 70B01C20R00000110 - Vehicle Disposal Services – Questions and Answers

1. We would be willing to put in a proposal depending on the volume and type of business that we might expect. Can you give me an idea about this please?

Answer: The vendor shall be able to provide vehicle disposal services for approximately 6,000 vehicles a year, which includes U.S. Customs and Border Protection and other government agencies. All vehicles will require pick up from the field location, with the majority of vehicles requiring aftermarket equipment and decal removal. See 2.0 Scope of Work for further information.

2. Where would the vehicles be transported to?

Answer: A facility determined by the vendor to remove aftermarket equipment, decals, and prep vehicles for sale for public auction. 7.0 Place of Performance: The place of performance shall be at the vendor’s or vendor-approved auction facility.

3. Would the location need to be one central location or multiple locations?

Answer: It can be a central location or multiple locations; however, vehicle pickups are required throughout the continental United States, Hawaii (HI), Alaska (AK), Puerto Rico (PR), Guam, and the U.S. Virgin Islands (USVI). Location(s) shall be determined based on what’s most cost effective for the government. In addition, vehicles must be picked up and arrive at a vendor facility within five (5) days of notification.

4. Where are the majority of the vehicles located?

Answer: Based on vehicle disposal history, 35% of the vehicles were located in the Southern region of the United States, 33% were located in the Western region of the United States, with the remaining 30% being located in the Mid-West and North-East regions of the United States. Only 2% of the vehicles were located in HI, AK, PR, Guam, and USVI.

5. In 4A.2b it states the government wants "market value." In the case of this opportunity, how is market value determined?

Answer: 4C.14 Sub-task 3n – States the following: The vendor shall have the capability to provide required asset listing data to govsales.gov and sell vehicles according to FMR §102-38. Reference: §102-38.35 - What definitions apply to this part? “Estimated fair market value” means the selling agency’s best estimate of what the property would be sold for if offered for public sale.

6. Would you please provide the name of the incumbent contractor(s) and contract number(s)?

Answer: GTB Innovative Solutions, Inc.; HSBP1016D00003

7. Is this solicitation for services nationwide or am I able to bid by geographic locations (region, state, city)?

Answer: Nationwide

8. Section 7.0 Place of Performance- indicates the awarded vendor can utilize a vendor approved facility. Does the contracting officer or like, approve the vendor approved facility or is the vendor the only one authorizing the sublet facility?

Answer: The vendor approves the facility; however all services must comply with the terms and conditions of the awarded contract. Additionally, as stated in 2.0 Scope of Work: Vendor shall furnish all resources, management, supervision, services, and facilities to otherwise do all things necessary for, or incidental to, the performance of vehicle disposal and sale or disposal of aftermarket equipment.

Additionally, is that vendor approved facility required to follow the solicitation requirements, such as offering vehicles to the public for sale, pay employees based on the Service Contract Labor Standards, and all other requirements in the solicitation?

Answer: The prime contractor would be required to hold any and all subcontractors to the terms and conditions of the award. See FAR 52.212-5(e)(1).

9. Section 4e.1 SubTask 5A appears to request one price in the solicitation without taking in account for the location of the pickup of the asset. Is that correct?

Answer: Yes, that is correct.

10. I don’t see any advertising requirements for the auction of assets. Is the approved vendor allowed to conduct a public auction without any minimum advertising requirements such as GSA requires to ensure that the public is notified of the opportunity to purchase back publicly owned assets?

Answer: 4C.14 Sub-task 3n – States the following: The vendor shall have the capability to provide required asset listing data to govsales.gov and sell vehicles according to FMR §102-38. Reference: §102-38.130 - Must we publicly advertise sales of Federal personal property? Yes, you must provide public notice of your sale of personal property to permit full and open competition.

11. Section 4C.4 SubTask 3d does not clarify what method of public sale is required. Is it solely up to the awarded vendor to decide on a LIVE public auction, simulcast public auction or an online only public auction?

Answer: 4C.14 Sub-task 3n – States the following: The vendor shall have the capability to provide required asset listing data to govsales.gov and sell vehicles according to FMR §102-38. Reference: §102-38.80 - Which method of sale should we use? (a) You may use any method of sale provided the sale is publicly advertised and the personal property is sold with full and open competition.

12. I don’t see anywhere in the solicitation that prohibits the awarded vendor from charging a buy fee to the winning bidder of an auction item. Is the awarded vendor or sub-vendor allowed to charge a buy fee?

Answer: No. All fees incurred for the transportation, vehicle prep, vehicle storage, and vehicle auction should be charged to the government and included in the vendor fee. 4E Task 5 – Vendor fees shall be deducted from the proceeds received from the sale of CBP vehicles.

13. Section 4C.4 Sub-task 3d – The vendor shall provide public auction services to include the following: Dedicated federal storefront: Please clarify what constitutes a Dedicated Federal Storefront. Can offeror use their own website for this purpose?

Answer: A Dedicated Federal Storefront allows users to search for assets being sold solely by the Federal Government.

Answer: Yes, the awarded vendor’s website should clearly state it’s the home page for the U.S. Customs and Border Protection Sales Center and that the site is selling exclusively Federal Government property. ; Additionally, the vendor shall have the capability to provide required asset listing data to govsales.gov and sell vehicles according to FMR §102-38.

14. 4D.2 Sub-task 4b states under Financial Data Aftermarket equipment removal fee (standard rate) & (Itemized) please expand on if this is per item or all inclusive.

Answer: Both. Reference: 4E.2 Sub-task 5b – The vendor shall provide CBP or other government Agencies with an itemized (each aftermarket equipment item removed or service provided priced separately) and flat rate (single cost for all services provided bundled together) aftermarket equipment removal fee. The contractor shall be responsible for reporting to the Task Order COR determinations that represent changes from the initial order and shall charge CBP or other government Agencies the lesser of the two per vehicle based upon the work provided.

Where is this to be entered on the pricing schedule?

Answer: Bundled “all inclusive” should be entered under the “Standard Package Pricing Equipment Removal.” Single Cost “per item” should be entered under the “Itemized Pricing Equipment Removal.”

15. Section l (lowercase L) of the solicitation addresses the Service Contract Labor Standards labor categories. At the end of the list of labor categories are three categories (auctioneer, title clerk and Licensed Automobile appraiser) which are not found in the attached wage determinations. Is there a non-standard wage determination that covers these categories? If not, is there adequate time to submit a conformance process through the Dept of Labor?

Answer: The labor categories were removed. The awardee may propose job titles and wage rates to legally employ workers engaged in work on the contract in occupations that are not listed in the applicable SCA wage determinations. See FAR 22.1019.

16. SOW section 4D.2 Sub-task 4b states that transport is supposed to be listed as a separate line item even though section 4E.1 Sub-task 5a states that all fees occurred in the transport, preparation, storage and auction of vehicles or aftermarket equipment, with the exception of government-authorized repairs, are included in the vendor fees. Given transport would inherently be absorbed and not tracked by the vendor, please expand on the requirement of providing transport fees when encompassed by the vendor fees and purpose for isolating something within the vendor fee.

Answer: SOW section 4D.2 Sub-task 4b has been revised to remove ‘Vehicle transportation fee’ and combine Vendor transportation and auction fee as one.

17. SOW section 10A states “The vendor shall ensure that all licenses, dealer certifications, and permits that are required to conduct all necessary action to facilitate the auction of vehicles and transfer of motor vehicle title in conformity with all federal, state, and local laws and regulations; and shall have the capability to provide these services throughout the continental United States, Hawaii, Alaska, Puerto Rico, Guam, and the U.S. Virgin Islands.” Is it the Government's expectation that one contractor can provide all of these services in all locations?

Answer: Yes.

18. SOW section 10A.3 states “The vendor shall possess the necessary dealer certifications to utilize a wide variety of commercial auction houses throughout the entire contract.” Can you elaborate as to the extent of the certifications required and the auction houses to be utilized?

Answer: The vendor is responsible for obtaining and maintaining the necessary certifications and permits to conduct public auctions of vehicles compliant with state auction license laws.

19. The RFP includes FAR clause 52.219-14, Limitations on Subcontracting (MAR 2020). This requires (for services) that as least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. It seems that this would be impossible to adhere to on a national contract utilizing auctions, transporters and servicers throughout the continental United States, Hawaii, Alaska, Puerto Rico, Guam, and the U.S. Virgin Islands. Will the Government consider multiple regional contracts to help enable compliance with this FAR clause?

Answer: No, this solicitation is for a single, nationwide contract.

20. The RFP includes FAR clause 52.222-41, Service Contract Labor Standards (AUG 2018) but does not include FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018). This leaves offerors subject to labor cost increases throughout the life of the contract with no legal means of requesting an economic adjustment. Will the Government consider including the price adjustment clause?

Answer: FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) has been added.

21. The RFP section V specifies 10 paid holidays and states "". The many wage determinations contain a variety of observed holidays ranging from 9 to 13 paid holidays. Please clarify as to which set of holidays takes precedence, RFP section V or DOL Wage Determinations?

Answer: Holidays and Administrative Leave (March 2003) takes precedence.

22. Given privity of contract issues, please clarify the Government's expectation as to having a representative of the prime contractor present at each facility or site during work hours. While this is easily resolved with a local or regional contract, it is much more difficult on a national level. What would the Government consider as an allowable amount of time to have a representative on site should an issue arise?

Answer: The Government has not stated that prime contractor needs to be at each facility. However, as part of the Sales Center requirements, a customer service representative must be present to handle customer procedural and payment questions during sales event, as well as during inspection, registration, and sale times.

23. Given the number of questions and the detailed proposal requirements would the government consider an extension of the proposal due date?

Answer: The government has extended the due date for proposals to October 5, 2020.

24. Is public bidding required for the sale of vehicles?

Answer: Yes

25. Is a buy fee allowed to be charged on the purchase of vehicles?

Answer: No. All fees incurred for the transportation, vehicle prep, vehicle storage, and vehicle auction should be charged to the government and included in the vendor fee. 4E Task 5 – Vendor fees shall be deducted from the proceeds received from the sale of government vehicles.

26. Where are the vehicles located? Is there a map showing possible areas/regions that need to be serviced? Is there past history of quantities of vehicles in relation to region?

Answer: Based on vehicle disposal history, 35% of the vehicles were located in the Southern region of the United States, 33% were located in the Western region of the United States, with the remaining 30% being located in the Mid-West and North-East regions of the United States. Only 2% of the vehicles were located in HI, AK, PR, Guam, and USVI.

27. Are there any advertising requirements? I could not find a section with specifics.

Answer: Yes. 4C.14 Sub-task 3n – States the following: The vendor shall have the capability to provide required asset listing data to govsales.gov and sell vehicles according to FMR §102-38. Reference: §102-38.130 - Must we publicly advertise sales of Federal personal property? Yes, you must provide public notice of your sale of personal property to permit full and open competition.

28. Am I able to bid for a specific area or am I required to bid this solicitation for the entire nation?

Answer: Entire nation.

29. Who approves the sub vendor locations? Whose responsibility is it to make sure the sub vendor locations follow the rules of the solicitation?

Answer: The awardee approves the locations and ensures the terms and conditions of the award are followed.

30. Am I allowed to charge the buyer of the vehicle anything, such as a buy fee or registration fee?

Answer: No. All fees incurred for the transportation, vehicle prep, vehicle storage, and vehicle auction should be charged to the government and included in the vendor fee. 4E Task 5 – Vendor fees shall be deducted from the proceeds received from the sale of government vehicles.

31. Is the method of registering and the authorizing of bidders to bid solely up to the auction house?

Answer: No, the vendor shall provide secured bidder registration, pre-qualify bidders, qualify winning bidders, as well as maintain registered bidder files. For further details please reference the following sections of the Statement of Work:

4C.5 Sub-task 3e 4C.6 Sub-task 3f 4C.7 Sub-task

32. I did not see any specific requirements for allowing the preview of vehicles by the public. Are there any?

Answer: Yes. 4C.14 Sub-task 3n – States the following: The vendor shall have the capability to provide required asset listing data to govsales.gov and sell vehicles according to FMR §102-38. Reference: §102-38.145 - Must we allow for inspection of the personal property to be sold? Yes, you must allow for an electronic or physical inspection of the personal property to be sold.

33. Is the Administrative Volume referenced in Volume 1 referring to paragraphs 52.204-24, 52.204-26 &52.212-3 that are to be completed and attached?

Answer: The instructions for Volume I have been added to the RFP.