QA_III_-_Gillem_Enclave.pdf

Questions & Answers III Gillem Enclave, GA

SPE600-12-R-0821

1. C.2.4, Pg 9, Program Goal, H.7, Pg 35, Gov’t Repurchase Option, and C.2.2, Authority, Pg 8: There appears to be a conflict between sections C.2.4 and H.7. C.2.4 clearly states in the second sentence that “…the Government will retain no reversionary interest in the utility systems sold…” Section C.2.2 states “The conveyance of the utility system is a property disposal action,…” However, H.7

(1) clearly states the [sic] that “The Government may, at its sole option (emphasis added), repurchase the privatized utility system at the end of the contact…” If the Gov’t can compel the privateer to sale [sic] the system back at will the privateer does not own the system and is only an O&M contractor. Based on how the RFP is written the system will be conveyed via a bill of sale, i.e., the privateer owns the system. The ensuing contract is for the provision of a service whereby the privateer O&M’s the system for the benefit of the Gov’t for the purposes of distributing a Gov’t-owned commodity across the Installation. The service contract has a life, but the system belongs to the privateer. H7 is clearly a reversionary clause applied to the utilty system being privatized. The only way the Gov’t can regain control of the system once sold is to either condemn it or ask the privateer to sell it back leaving the decision as whether it is sold in the hands of the privateer. Will the Gov’t remove H.7 from the solicitation?

Government Response: The Government will not remove Section H.7, Government Repurchase Option, from the solicitation. As stated in C.2.4, Program Goal, the Government will not retain a reversionary interest in the utility systems sold other than the terms regarding the repurchase option at the end of the contract term or in the event the contract is terminated for convenience or for default. In the event that the Government elects to repurchase the system, H.7 provides the process forward.

2. C.4.2.2.2, Pg 12, Commercial Joint Use:

1) Please define or provide examples of what the Gov’t means by “third parties” as used in this section if other than commercial telecom companies?

Government Response: Generally, “third parties” refers to commercial telecom companies, to include cellular or cable.

2) This section further requires any attachment fees to be credited back to the Gov’t. As a regulated utility, it is not possible to segregate the fees collected from joint use on specific poles.

However, all attachment fees are recorded as credits in our Cost of Service study associated with rate cases filed with the GA Public Service Commission for the benefit of all customers so the benefit is passed back to all customers through their energy purchases. Is this acceptable to the Gov’t or does it need to be noted in the Exception matrix described in Section L.6.2?

Government Response: The clause in RFP Section C.4.2.1 states that no attachment fees will apply to the Government, when the Government requests to attach something for its own use.

There is no language regarding attachment fees credited back to the Government. To answer the question above, if a credit applies to this contract, it shall be applied to this contract, not credited through energy purchases, or by any other means. Thus, the statement above is not acceptable to the Government.

Q&As III – Gillem Enclave, GA Page 2 of 4

3. C.5.1.5, Pg 13, Drawing: While this has not been an issue w/ past privatization contracts, there may come a time when our mapping standards will no longer translate to the Gov’t standard. Who will be responsible for any translation cost due to incompatibility of Contractor’s mapping software and that used by the Gov’t? There will be no charge for the maps themselves. When maps are requested by the Gov’t is the privateer required to provide the most recent updated maps or is it also required to designate the added equipment since the last update provided to the Gov’t?

Government Response: The Contractor shall provide the Government with editable versions of the maps upon request by the Government. Once a mapping system is agreed upon, the Contractor should only have to maintain one mapping system. The Government will only request the most recent updated maps in the new approved standards.

4. C.5.2.6, Pg `14 Access: What “personal security clearances” are currently required for Contractor personnel to enter Gillem?

Government Response: The Government has not identified specific Personal Security Clearance requirements for access to Gillem Enclave.

5. C.6.2.3, Pg 16 Gov’t Access: Please explain the intent of this section? What is the Gov’t saying?

Does this section grant to the Gov’t the right to “enter upon” equipment now owned by the Contractor? If so, does the Gov’t accept liability for damage to Contractor’s equipment or harm/injury to its “officers, employee’s, contractors at any tier, agents and invitees”?

Government Response: The Contractor will be granted a right of access to the installation. This right of access does not in any way limit the right of the Government to access any portion of the installation on which the Contractor is authorized access.

6. C.9.8, Pg 20, Plant Control: This section addresses tree trimming and states that trimming must be approved by the Gov’t and that in some instances, trimming may be denied if it interferes with the aesthetics or are of historical value, or are endangers species. Are there areas on Gillem where such vegetation exists? The inability to do proper tree trimming and vegetative management will directly impact reliability. If tree trimming and vegetative management by the Contractor is denied, is the Contractor liable to the Gov’t or in breach if service is impacted?

Government Response: The Government has not identified areas that are known to have environmental issues, such as endangered species. Any environmental issues which are discovered while performing work under a resultant contract are covered in Section H, Differing Site Conditions. The offeror would be expected to follow the procedures as identified in the resultant contract and may be entitled to an equitable adjustment.

7. JA1.2.1, Pg JA1-4, Fixed Equipment Inventory: Please define what is meant by “All exterior lighting”? Does this include street lighting served directly from the electric distribution system?

Government Response: "All exterior lighting" is all exterior lighting fed from buildings as well as lighting fed from the distribution system. Street lighting is excluded from this procurement as shown in the Inventory and the specific Points of Demarcation.

Q&As III – Gillem Enclave, GA Page 3 of 4

8. JA1.2.2, Pg JA1-5, System Description: States “There are no PCB filled transformers on the

Enclave.” Have there ever been or is the Gov’t aware of any PCB ground contamination from previously remove PCB transformers?

Government Response: The Installation has not identified areas which are known to have PCB contamination. Any PCB contamination that is discovered while performing work under a resultant contract will be covered in Section H, Differing Site Conditions. The Contractor would be expected to follow the procedures as identified in the resultant contract and may be entitled to an equitable adjustment.

9. JA1.2.4, Pg JA1-5 Points of Demarcation: Are these points of demarcation an absolute must? As a public utility company, the point of demarcation is the weatherhead for overhead services and the low side transformer spades of the pad mount transformer for 3-phase underground service laterals, i.e., the utility does not own underground 3-phase secondary service laterals. If a public utility cannot meet this requirement will they be disqualified?

Government Response: The Government Points of Demarcation (POD) are as noted in Section JA1. The Government does not identify overhead services in the POD's. The Government identifies unique POD's for underground services to buildings, transformers, street lighting, and meters. If the contractor opts to relocate the POD to the secondary side of the transformer then he may propose to do so; however, this may result in evaluating its proposal as less than acceptable.

10. JA1.2.5, Pg JA1-7, Inventory, Table 3: Please define what is meant or provide some range of physical size for the terms “Large” and “Small” as it applies to conductor in the column labeled “Size” of the table. Please clarify that when a length of conductor is listed in the table, for example:

Overhead primary, 3-Phase, 3,777 linear feet, is that 3,777 linear feet of a three wire bundle, that is, 3,777 “circuit feet” or is it the total length as if all conductors were laid end to end?

Government Response: Large conductors are #4/0 AWG or greater in size. The length listed is the total length of the circuit. If all three conductors and the ground were laid end-to-end, the total length of wire would be 15,108 linear feet (4 x 3,777 LF = 15,108 LF).

11. JA1.3.13.1, Pg JA1-12, Contractor Provided Markings: Need to include that makings will be in accordance with the GA One Call Center’s requirements for marking. GA law also addresses who is responsible for damage to marked underground facilities.

Government Response: The Contractor will be responsible to provide markings and must follow all applicable Federal, State and local regulations, including the GA One Call Center.

12. JA1.3.28 Pg, JA1-16, Cultural Resources: Are there cultural areas on the Enclave? Does the Gov’t have environmentally sensitive/contaminated and cultural/historic areas mapped? Will these maps be provided to bidders?

Government Response: The Government has not identified specific cultural areas on the Installation. The Installation has not mapped environmental or culturally/historic areas. Any existing mapping is located in the technical library.

Q&As III – Gillem Enclave, GA Page 4 of 4

13. During the tour of the system the day following the conference call, the local hosts indicated that the privateer will be responsible for reading electric meters, but ownership of the meters will remain with the Gov’t. I asked our guide about the meter readings and he produced a list of meters to be read by building number. I thought the list was contained in the RFP or the JA1 attachment. I cannot find the list. Please advise where the list can be found?

Government Response: The Government is not transferring the electric meters and will continue to read the existing meters, refer to Points of Demarcation in Section JA1.