HSAAP Draft RFP Q and A - 16APR22.pdf

No. Question Answer

Will the Government consider allowing pitch 8 font for graphics/tables/figures in lieu of font 12?

The Government will consider incorporating the suggested revision in the final RFP.

12 point font size is problematic for the font size in graphs, charts, tables, and diagrams.

Oftentimes the figure is shrunk to fit certain size constraints and therefore a figure with

12 point font will appear smaller. Can font smaller than 12 point (8-10) be used if clearly legible?

The Government will consider incorporating the suggested revision in the final RFP.

Reference draft RFP, section L, A 6. Is it permissible to use a sans serif font (e.g., 10 point Arial) for tables and figures to better present data in graphics?

The Government will consider incorporating the suggested revision in the final RFP.

SECTION H - SPECIAL CONTRACT REQUIREMENTS I-192 (b) System Criteria -

Would the Government clarify if IMS needs to be resourced loaded or if the intent is to provide detailed schedule only?

The RFP will be updated to remove clauses 252.234-7001 - Notice of Earned Value

Management System (Deviation 2015-O0017) and 252.234-7002 - Earned Value

Management System (Deviation 2015-O0017). Applicability of these clauses will be determined on a case-by-case basis as individual projects are negotiated and awarded during execution.

Can you further define how the Earned Value Management System (EVMS) will apply to the pending contract? Would the Government consider applying the EVMS requirement solely to the Cost-Plus portions of the contract?

The RFP will be updated to remove clauses 252.234-7001 - Notice of Earned Value

Management System (Deviation 2015-O0017) and 252.234-7002 - Earned Value

Management System (Deviation 2015-O0017). Applicability of these clauses will be determined on a case-by-case basis as individual projects are negotiated and awarded during execution.

Since this is a FFP contract award, why is EVMS required given FAR 234.2-1(iv)(a) discourages EVMS for FFP efforts?

The RFP will be updated to remove clauses 252.234-7001 - Notice of Earned Value

Management System (Deviation 2015-O0017) and 252.234-7002 - Earned Value

Management System (Deviation 2015-O0017). Applicability of these clauses will be determined on a case-by-case basis as individual projects are negotiated and awarded during execution.

Clause L-25 requires the Contractor to provide an EVMS System Plan or Management

Procedures Plan. Can the Government confirm that the delivery of this plan will be at the

Program Baseline Review?

The RFP will be updated to remove clauses 252.234-7001 - Notice of Earned Value

Management System (Deviation 2015-O0017) and 252.234-7002 - Earned Value

Management System (Deviation 2015-O0017). Applicability of these clauses will be determined on a case-by-case basis as individual projects are negotiated and awarded during execution.

Reference draft RFP section B narrative B0001 (f) "Limitations on pass-through charges". How does the Government plan to perform their analysis and determine contractor added value for the procured cost of utilities as it relates to FAR 52.215-23?

This narrative will be updated to remove the reference to FAR 52.215-23.

Will the Government define “Excessive Pass through on Utilities” as discussed in Page

6, Para (f)?

This narrative will be updated to remove the reference to FAR 52.215-23.

Reference draft RFP section B narrative B0001 (f) "Limitations on pass-through charges". Is it the intent of the Government to limit this provision to only utilities procurement?

This narrative will be updated to remove the reference to FAR 52.215-23.

Reference draft RFP, section A narrative 0001, 3 (f). Will the USG please clarify what is intended when the USG states they, "Will retain ownership and rights to this property, as well as all property acquired and/or utilized by the contractor..." Specifically, does this include Intellectual Property and what is meant by, "utilized by the contractor"?

Section A of the RFP will be updated to ensure consistency with the property requirements of Narrative H0001.

HSAAP Draft RFP Q&As 16 April 2022

Reference draft RFP, section H(b), Technical Data Rights, includes the statement:

“Through the contract resulting from solicitation W52P1J-19-R-0142, the Government will establish rights in all technical data required or used to produce explosives and components at HSAAP, as well as operate and maintain HSAAP, including the processes and procedures used to maintain those capabilities as determined by the

Government throughout the life of the contract; as well as technical data used in the performance of prime and third party contracts for other than explosives and components.” This sentence is ambiguous as to what rights in this technical data the

USG seeks to establish. What rights does the USG seek to establish – e.g., in accordance with the DFARS clauses or accordance with this paragraph.

The Government is establishing rights in accordance with Narrative H0001. As stated in the narrative, irrespective of the source of funds, the contractor grants nothing less than

Government Purpose Rights in all technical data used in the execution of any contract awarded under solicitation W52P1J-19-R-0142, as well as third party contracts under the contract. Additionally, the Government will receive Unlimited Rights to all technical data developed as a result of direct funded modernization or other projects. Unless otherwise approved in advance by the Contracting Officer, the Government shall receive

Government Purpose Rights at that point in time when the technical data is implemented in performance of this contract and/or third party contracts. Where technical data is associated with property acquired/utilized by the contractor under fixed price efforts, Government purpose rights to technical data will be established upon implementation, per this paragraph, regardless of the later (end of contract) transfer of title to the property itself defined in the preceding paragraph. Government Purpose Rights will convert to

Unlimited Rights according to DFARS 252.227-7013 and DFARS 252.227-7014, or at the end of this contract (i.e. at the end of the base period or upon expiration of the final option period if exercised), whichever occurs earlier.

Reference draft RFP, section H(b), Technical Data Rights, the RFP states that the

Government will establish rights in “all technical data required or used to produce explosives and components at HSAAP, as well as operate and maintain HSAAP,…as determined by the Government”. While a list is provided, the clause also states the data the Government wants is not limited to that list. This is ambiguous as to how extensive this right is and whether the Government will claim rights in the technical data associated with business systems, management software or procedures, company unique procedures, etc. Can you clarify more specifically what the boundaries are relating to the technical data the Government will claim even if paid for by a contractor or subcontractor, but used in the performance of the contract?

Narrative H0001 will be updated to clarify that this narrative does not apply to administrative or management data incidental to contract administration. The term does includes recorded information of a scientific or technical nature that is included in computer databases.

Regarding data paid for by a contractor or subcontractor, Narrative H0001 clearly states that irrespective of the source of funds, the contractor grants nothing less than

Government Purpose Rights in all technical data used in the execution of any contract awarded under solicitation W52P1J-19-R-0142, as well as third party contracts under the contract. Additionally, this grant (of nothing less than Government Purpose Rights) applies only to the technical data of the contractor; it does not apply to the technical data of the contractor's subcontractors or ARMS tenants, or technical data associated solely with commercial production, with the exception of technical data of a subcontractor(s) or

ARMS tenant(s) associated with operation and maintenance of Government property, modifications to Government property, or property title to which will vest in the

Government under the provisions of narrative H0001.

Reference draft RFP, section H(b), Technical Data Rights, the RFP states: “The contractor will ensure that the Government right to IP regardless of the source” This sentence is ambiguous as to what is meant by “right to IP.” Request that the USG clarify the meaning of “right to IP.” Does “right to IP” mean data rights?

As stated in narrative H0001, irrespective of the source of funds, the contractor grants nothing less than Government Purpose Rights in all technical data used in the execution of any contract awarded under solicitation W52P1J-19-R-0142, as well as third party contracts under the contract. Additionally, the Government will receive Unlimited Rights to all technical data developed as a result of direct funded modernization or other projects. Unless otherwise approved in advance by the Contracting Officer, the

Government shall receive Government Purpose Rights at that point in time when the technical data is implemented in performance of this contract and/or third party contracts.

Where technical data is associated with property acquired/utilized by the contractor under fixed price efforts, Government Purpose Rights to technical data will be established upon implementation, per this paragraph, regardless of the later (end of contract) transfer of title to the property itself defined in the preceding paragraph.

Government Purpose Rights will convert to Unlimited Rights according to DFARS

252.227-7013 and DFARS 252.227-7014, or at the end of this contract (i.e. at the end of the base period or upon expiration of the final option period if exercised), whichever occurs earlier.

Reference draft RFP, section H(b), Technical Data Rights, request that the USG confirm that the definition of technical data is intended to be consistent with the definition of technical data in the DFARS.

Technical data means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation ). This term does not administrative or management data incidental to contract administration. The term does include recorded information of a scientific or technical nature that is included in computer databases. Examples of technical data are provided in Narrative H0001 to help ensure understanding of technical data requirements.

Reference draft RFP, section H(b), Technical Data Rights, what data rights the USG is seeking in COTS software and COTS tech data? With respect to technical data for commercial items, does the USG seek rights beyond those afforded to the USG in

DFARS 252.227-7015, Technical Data – Commercial Items and if so, please identify the differences from DFARS 252.227-7015. Per 227.7202-1 Policy(c) contractors shall not be required to—(1) Furnish technical information related to commercial computer software or commercial computer software documentation that is not customarily provided to the public except for information documenting the specific modifications made at Government expense to such software or documentation to meet the requirements of a Government solicitation. Is the USG seeking any technical information related to commercial computer software or software documentation not customarily provided to the public? If yes, please clarify what technical information not customarily provided to the public the USG seeks.

Data rights for commercial off the shelf (COTS) software applications encompass features of tailoring necessary for software implementation/functionality at HSAAP, including but not limited to customized scripts, database parameters, screens, reports, interfaces and user documentation.

Reference draft RFP, section H(b), Technical Data Rights, in seeking government purpose rights (GPR) in all technical data “used in execution of any contract awarded” under the Solicitation, how does the USG define “used in execution”? For example, is the USG seeking GPR in proprietary IT systems that a contractor may use for contract administration, such as billing systems, including but not limited to, pre-existing or parent-company systems developed at private expense? How does the USG define “third party contracts under the contract” subject to this clause?

Technical data means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include administrative or management data incidental to contract administration. The term does include recorded information of a scientific or technical nature that is included in computer databases. Utilized by the contractor in execution means required or used to produce explosives and components at HSAAP, as well as operate and maintain the facility. Third party refers to the

Contractor’s sale of products or services where the end product will be delivered to the

U.S. Government.

Reference draft RFP, section H(b), Technical Data Rights, how does the Government define “associated with operation and maintenance” of Government property, modifications to Government property, or property title to which will vest in the

Government under the provisions of the preceding paragraph. DFAR -7013(b)(1)(v) provides unlimited rights for technical data that are “ necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data).

What is the Government’s intent when seeking GPR for technical data of a subcontractor or ARMS tenant “associated with” operation maintenance of Government property?

Associated with operation and maintenance of HSAAP includes any activity executed at the facility to operate the plant and meet Government requirements. This includes both production requirements and PWS requirements. Per narrative H0001, the grant (of nothing less than Government Purpose Rights) applies only to the technical data of the contractor; it does not apply to the technical data of the contractor's subcontractors or

ARMS tenants, or technical data associated solely with commercial production, with the exception of technical data of a subcontractor(s) or ARMS tenant(s) associated with operation and maintenance of Government property, modifications to Government property, or property title to which will vest in the Government under the provisions of narrative H0001.

Reference draft RFP, section H(b), Technical Data Rights, includes the statement:

"Additionally, the Government will receive Unlimited Rights to all technical data developed as a result of direct funded modernization or other projects." How does the government define “developed as a result of” in this sentence?

This requirement includes any technical data created (developed) as a result of integrating modernization projects at the facility, and/or technical data developed to operate modernized equipment and facilities.

Reference draft RFP, section H(b), Technical Data Rights, includes the statement: "The contractor must deliver all applicable technical data to the Government on an annual basis by no later than 31 December of each year and certify that it is free of all proprietary information." The requested certification is ambiguous. A contractor retains all proprietary rights not afforded to the USG in accordance with the terms of the contract. If a contractor marks data in accordance with DFARS 252.227-7013, why is an additional certification necessary?

Certification will ensure that any proprietary information is identified and redacted, as necessary, to support a successor competition. The RFP will be updated to include the certification as an attachment.

Reference draft RFP, section H, "Ownership of Property", (a). The clause is unclear as to the intent of Army to take title to property purchased by the contractor with the contractor's own funds. Terms such as "utilized by the contractor", "as determined by the

Government" or "includes, but is not limited to..." can be interpreted extremely broadly.

This is especially true relating to property purchased by the contractor but "used by" the contractor in the performance of the contract. Does this mean, for example, that property such as a management system purchased by a parent company but used in the performance of this contract is intended to now belong to the Army? Will the USG consider a more traditional approach to property ownership IAW FAR FFP contracts to further incentivize investment?

The Government does not view the requirement as ambiguous; however, Narrative

H0001 will be updated to clarify that management systems incidental to contract administration are not applicable.

Section H(a) Ownership of Property – Will the Government provide its rationale for

“…title of property acquired, fabricated, or utilized by the contractor for use on fixed price contracts of fixed price line items will vest with the Government, rather than be retained by the contractor.”?

Property and IP requirements for this RFP were developed in order to allow the

Government to have the necessary access to effectively support its weapon systems and ensure Army readiness.

Reference draft RFP Section (PWS-1), please clarify if actual entity for Estimation

Classification is "Association for the Advancement of Cost Engineering International" instead of "American Association of Cost Engineering (AACE) International Cost"?

Association for the Advancement of Cost Engineering International is correct. PWS 1 will be updated.

Reference draft RFP attachment PWS2, section 6.4.1, "Personal Property". Can the

Government separate the reporting actions for (i) notification to the Government of loss within 3 days and (ii) final loss report within 3 days of completion of investigation(s)?

PWS 2 paragraph 6.4.1. will be updated to clarify the requirement for CDRL A2-005 -

Property Loss Reporting.

Reference draft RFP attachment PWS2, section 6.5.9, "incidental equipment…". Can the Government define "incidental equipment" and specify the acquisition threshold ($) value?

“Incidental property” and “incidental equipment” are used interchangeably; however, “incidental equipment” will be changed to “incidental property” in the PWS. The definition of incidental property is covered under para 6.6.3. There are no thresholds for incidental property .

PWS 2 Property Management - Section 3.2 of PWS 2 states, "The Contractor shall submit a PMP that shall be evaluated during source section process." Is it intended that prospective bidders need to provide the PMP (Property Management Plan) with the proposal for HSAAP for evaluation?

PWS 2 paragraph 3.2 has been updated to remove the requirement for submittal of a

PMP with the offeror's proposal.

Reference draft RFP, attachment exhibit B, section A3-004. The requested allowance of

30-day Government review/comment period exceeds typical response timeline allowed by regulators for 30-day NOV response. Would Government consider reducing this to a shorter period, e.g. a 14-day review comment from time of receipt?

CDRL A3-004 will be updated to remove the 30 calendar day Government review/comment period.

Reference draft RFP, attachment exhibit B, section A3-006. Can Government clarify that

Records of Environmental Consideration (RECs) submitted for Government approval that do not involve a change in process chemicals will not require a listing of all process chemicals?

CDRL A3-006 will be updated to remove references to chemicals/listing of chemicals and to require RECs to list any hazardous materials used or to be generated.

Reference draft RFP attachment PWS-3, Section 2.4. Please confirm/clarify the

Government will maintain primary programmatic oversight and responsibility for HSAAP’s

Environmental Restoration, Natural and Cultural Resources, and Integrated Pest

Management programs.

The Government will maintain primary programmatic oversight and responsibility for

HSAAP’s Environmental Restoration Program. The operating contractor will be required to support the Government's ERP program. Requirements to support the ERP program beyond adherence to site land use controls and basic data support will be direct funded.

The Government will have both primary oversight and implementation responsibility for both the Natural and Cultural Resources programs. However, the Contractor will be required to comply with any policies/regulations within those programs which are designed to ensure compliance with federal or state laws.

With regard to Integrated Pest Management Program, although the Government will have primary oversight of the program to ensure that all pest management operations comply with HSAAP’s Integrated Pest Management Plan (IPMP), the Contractor will be required to comply with all contractual requirements, any related policies/regulations, and any related federal or state laws. Additionally, the Contractor shall be responsible for the execution of the program.

Reference draft RFP attachment PWS-3, Section 2.8. Please provide a definition of natural infrastructure.

PWS 3, Section 2.8 will be updated to remove the word "natural".

Reference draft RFP attachment PWS-3, section 2.10 does not mention the upcoming

Static Detonation Chamber (SDC) open burning alternative technology. It is assumed that the HSAAP operating contractor will be required to operate and maintain the new

SDC facility. Please confirm anticipated timing of operational readiness for the SDC.

When will USACE provide a recommended staffing plan for operations and maintenance activities of the SDC facilities and equipment they are designing and constructing?

The HSAAP operating contractor will be required to operate and maintain the new SDC facility. Operations of the new SDC facility is estimated to begin in the 2027 timeframe.

The Government does not intend to provide a recommended staffing plan for operations and maintenance activities of the SDC facilities. The Government currently intends for the incorporation of this requirement to be addressed in accordance with the Changes

Clause.

32 Will the Government make the Installation Site Plan available in the Virtual Library? Under review.

PWS 3, section 6.1 - Would the Government clarify what is meant by "unduly" and what is meant by "impeding?" For example, if the state has issues with the technical merit of a

3rd party design and delays in offering a permit for that reason, is the prime contractor responsible for the permit delay (since they are responsible for attaining all permits), or does this fall on the third party?

The use of "unduly impede" is in PWS 3, section 6. Request additional clarification as the example provided does not appear to align with the requirements of PWS 3 section

6.

Will the Government provide a complete listing of existing radioactive materials resident at HSAAP in order to assure the new operator has all required licenses and related requirements in place to support the award of the new contract?

There are currently no radioactive materials resident at HSAAP.

Will the Government provide the latest version of the Explosive Safety Siting (ESS) software to the new Operating Contractor upon award?

Yes, the Government will provide the latest version of the Explosive Safety Siting software to the successful awardee upon contract award.

Reference draft RFP, attachment PWS 5, section 2.7, "All contractor personnel...Tier 3

(T3) background...". Can Government confirm that everyone that has access to AA&E undergo a Tier 3 investigation?

Yes, all contractor personnel who require access to AA&E or classified information must undergo a Tier 3 background investigation.

Reference draft RFP, attachment PWS 6 section 1, "...if the Government operated the facilities...". Can Government confirm if this applies only to section 1 of PWS 6?

This statement applies to all sections of PWS 6. PWS 6 has been updated to move this requirement to Section 2 - General Requirements.

Reference draft RFP, attachment PWS 6 section 2.2, "provide appropriately trained and certified personnel". Can the Government specify to what standard they require the

"trained and certified" personnel?

PWS 6 section 2.2 will be updated to replace, "provide appropriately trained and certified personnel to..." with, "a Certified Energy Manager, which shall...".

Reference draft RFP, attachment PWS 6 section 2.2.1. Is it the Government intention for the offeror to price only Primary Firm guaranteeing gas supply regardless of market conditions?

Yes.

Reference draft RFP, attachment PWS 6 section 3.2. Can the Government define a

"utility deficiency"?

PWS 6 will be updated to include a definition of "utility deficiency".

Reference draft RFP, attachment PWS 6 section 3.5. Can the Government verify that the limits for metering established in section 4.3 applies to all tenants, Subcontractors, and leases.

Yes.

Is the PWS 6, Section 4.2 requirement to discuss the "operational plans for the small steam boilers in the Area B Acids Area" referencing the "six small Muira boilers" described in the Baseline Facility Assessment?

Yes.

Reference draft RFP, attachment PWS 6 document summary list. The first two documents reference an Army Memorandum but neither reference is in the SOW as included in the Document Summary List. Can the Government confirm that these are valid references, their Document Category and where they apply?

Under review.

Can a map and list of all utility metering points for HSAAP be provided along with ownership of the metering equipment?

Under review.

Reference draft RFP, attachment PWS 7, section 3.2, "DOD Fire inspectors or equivalent". Is the state of Tennessee and/or State of Virginia certification considered by the Government to be an equivalent to DOD 6055.06-M?

Certificates from the State of Tennessee may be accepted if their program meets the same standard as the DoD certificate, as determined by the Government.

Reference draft RFP attachment PWS 7, 4.10 ("AR 525-27, 5-2, para b (1-14)", which requires an interoperable first responder communication system (E911, computer-aided dispatch, and land mobile radio). Does the Government intend to supply the E911, computer-aided dispatch, and land mobile radio system for HSAAP?

The Government does not intend to supply the E911, computer-aided dispatch, and land mobile radio system for HSAAP at this time. A project which could possibly provide some or all these capabilities has been requested but is subject to the prioritization and availability of funds. Contractor investment to supply E911, computer-aided dispatch, and land mobile radio system for HSAAP is not required.

Reference draft RFP, attachment PWS 7, section 7.2, "…maintain all fire protection systems IAW UFC 3-601-02 and repairs...". Can the Government provide a list of all

Government-owned buildings that meet the NFPA and UFC 3-601-02?

Under review.

Reference draft RFP, attachment PWS7, section 9. Can the Government provide a list of all Government-owned firefighting equipment and its anticipated future life expectancy?

Under review.

PWS 8 Maintenance- Section 5.1 references a 1-N list covering five years for major maintenance projects. Is the current major maintenance 1-N list going to be made available to the prospective bidders?

The current major maintenance 1-N list will not be provided.

Does the Government have the list of Mission Critical Assets (MCA) that is referenced in section 2.1.1.2 and will that be provided?

A definition of mission critical assets will not be provided. Per section 2.1.1 and 2.1.1.2 the Contractor is responsible for developing a Maintenance Master Plan for HSAAP that includes a list of mission critical assets. The maintenance master plan, including the

Contractor proposed MCAs may be adjusted by the Government through the normal review and approval process of the Maintenance Master Plan

Reference draft RFP attachment PWS8, section 2.1.1.2. Will the Government provide their list of mission critical assets or provide the criteria that defines mission critical assets?

A definition of mission critical assets will not be provided. Per section 2.1.1 and 2.1.1.2 the Contractor is responsible for developing a Maintenance Master Plan for HSAAP that includes a list of mission critical assets. The maintenance master plan, including the

Contractor proposed MCAs may be adjusted by the Government through the normal review and approval process of the Maintenance Master Plan

52 Can a definition of Mission Critical Asset be provided?

A definition of mission critical assets will not be provided. Per section 2.1.1 and 2.1.1.2 the Contractor is responsible for developing a Maintenance Master Plan for HSAAP that includes a list of mission critical assets. The maintenance master plan, including the

Contractor proposed MCAs may be adjusted by the Government through the normal review and approval process of the Maintenance Master Plan

Reference draft RFP attachment PWS 8, section 2.2.1. Does the "material used" documented on the Work Orders include all consumable items, or is there a minimum dollar threshold for materials?

PWS 8 section 2.2.1 has been updated to clarify that "material used" documented on the

Work Orders shall include all consumable items over $10.

Reference draft RFP attachment PWS 8 section 3.13.5. Request Government clarify the requirements for a fire inspection noted in 3.13.5, only apply to major changes stipulated in PWS 8 section 3.13.4, not minor changes?

Section 3.13.5 applies to all changes.

Reference draft RFP attachment PWS8 section 3.15, "...Bridges...shall be inspected, maintained and repaired..."; and "Maintenance and repair work shall be performed accordingly to address all inspection findings and deficiencies". Will Government agree to a maximum annual threshold value for maintenance and repair costs?

The Government will not establish a maximum annual threshold value for maintenance and repair costs for bridges and other drainage structures.

Reference draft RFP attachment PWS 8 section 3.16. Is the intention that this requirement applies to only roads that are currently marked and meet the referenced standard or is the intention to bring all roads (marked and unmarked) to this standard?

PWS 8 section 3.16 will be updated to clarify the requirement for road markings.

Reference draft RFP attachment PWS 8 section 3.17.1.2. Is equipment usage time tracking only required for powered equipment and not manual equipment such as colson jacks, pallet jacks etc.?

Yes. PWS 8 section 3.17.1.2 will be updated to clarify usage time and inspections will only apply to powered equipment.

Reference draft RFP attachment PWS8 section 3.21.1. Does the 60 day time frame apply to all drawings (equipment changes, P&ID's, etc.) or only to, e.g., real property changes captured in the GIS system?

Yes, the 60 day time frame applies to the types of drawings referenced in section 3.21.1

(installation, facility, infrastructure, and utility).

Reference draft RFP attachment PWS8 sections 3.13 - 3.17 and elsewhere, requiring

"inspection maintenance and repair" of government real property (various). When will the

Government provide inspection and ISR reports to quantify the condition of the

Government real property assets?

ISR reports will not be provided.

Reference draft RFP attachment PWS 8 sections 2.1.1.1. Is it Government intention that every listed GFP has a specific preventative maintenance (PM) requirement regardless of value and purpose?

No. Every listed GFP or GFP provided in the future, depending on what it is and its function, should generally have specific preventative maintenance (PM) requirement(s).

The Maintenance Plan that will be submitted by the operating contractor would propose what items/type of items will or will not have PMs and cover the intended level of maintenance.

Reference draft RFP attachment PWS8, section 3.6.1. The statement references document UFC 3-430-07. This document does not appear in the document list and therefore there is no Document Summary List (page 26). Can Government please confirm the requirement and document category?

UFC 3-430-07 will be added to the Document Summary List as a Category 3.

Reference draft RFP attachment PWS 8, e.g. section 2.1.1.1.

Is it the Government's intention that maintenance will be required for all of the government furnished property listed in attachment 18? Is it the Government's intention that maintenance will not be required for all equipment not listed in attachment 18?

The contractor is responsible for complying with all maintenance requirements of PWS 8, to include, at a minimum, maintenance of all active Government Furnished Property.

Reference draft RFP, attachment PWS 9, section 3.3, "NIST 800-82 Rev 2". Can the

Government provide the RMF categorization for each Operation Technology (OT) system?

All controls required for each family are identified in the PWS. Any controls not identified directly, would be at the Moderate level. PWS 9 - Cyber Security has been updated to clarify this requirement.

64 Did the US Army intend to leave PWS 11, 12 and 14 out of Exhibit B? PWS 11, 12, and 14 do not have CDRL requirements.

PWS 11 and 12 are not clear as to how transition costs are funded. Will the incumbent be funded directly by the Army for this period or will it be considered as part of the new contract to be negotiated between new contractor and incumbent?

Pursuant to Section A of the RFP, PWS 11 and 12 are to be indirectly funded and included in the price of products. The costs associated with performing the following indirect PWSs shall be accomplished by the contractor at no direct cost to the

Government (i.e., borne by the product price).

PWS 12 Contract Transition - Does the requirements of this PWS apply to the prospective bidders for the upcoming transition period at the award of the new contract or is this PWS intended for the end of the upcoming prospective contract?

This PWS is applicable to the end of the contract awarded as a result of this RFP.

Reference draft RFP, e.g. and including attachment 14, PWS-14 section 2.1.1 and 2.1.2.

What is the expected Government staffing and number of staff requiring office space, locker space etc. for the period of performance?

PWS 14 will be updated to identify that the contractor shall support at a minimum 26 personnel under the requirements of section 2.1.

Reference draft RFP attachment PWS 15, section 2.1 Document AMC-R 700-107

"Preparation of Standing Operating Procedures (SOP)...". Document AMC-R 700-107 is referenced as an applicable document. Although the document is referenced in Section

2.1, it is not referenced in the body of PWS 15, any other PWS or the base document of the Draft Request for Proposal. Is the Government requesting that any policies and procedures required per PWS 15 meet the requirements of the referenced document?

AMC-R 700-107 will be removed from PWS 15.

Reference draft RFP, Section C, narrative C0012 "Modernization Support Capability

Requirements". Is it the USG intent to request recent and relevant experience with

Government regulatory agencies (TDEC, DDESB, etc.) in obtaining the necessary construction permits to evaluate modernization execution capability?

The definition of recent and relevant is included in the RFP Sections L and M, it is up to the offeror to decide how to demonstrate its capability to the Government.

Reference draft RFP section C, narrative C0012 "Modernization Support Capability

Requirements". Is it the Government's intent to request recent and relevant chemical/explosive manufacturing projects completed with references in order to evaluate modernization capability?

The definition of recent and relevant is included in the RFP Sections L and M, it is up to the offeror to decide how to demonstrate its capability to the Government.

The draft RFP, Section M, Past Performance, Section C Adverse Contract Performance requires contractors to provide adverse past performance information on any relevant

Government or commercial contracts, yet asks for no supporting information to verify that all such contracts have in fact been submitted. As only negative information is requested, offerors are motivated not to provide information under this requirement. As there is no stated means of objectively verifying completeness of what is submitted, and the assessment of what is considered "relevant" may be subjective. As such, to ensure a fair evaluation, how will the Government ensure that contractors are providing all relevant contract information, especially those relevant contracts that may be foreign or commercial, that the Army may not otherwise know exist? How will the Army ensure a fair evaluation of all potentially relevant adverse information?

The RFP will be updated to include a requirement for offerros to certify that all recent and relevant adverse past performance has been submitted with its proposal. The

Government will also ensure a consistent evaluation of all offerors in accordance with section L and M of the RFP.

Section M, Past Performance, Section C Adverse Contract Performance is subjective and unfairly burdens contractors with significant relevant experience by placing no limits on the amount of information required to be submitted. Additionally, the basis for submission of "relevant" contracts is subjective and unverifiable resulting in potentially uneven or unfair evaluations. Accordingly, it is recommended that the Army limit the number of relevant contracts for consideration, including all adverse information in a manner similar to Section A of the past performance evaluation section. If the number currently considered appears inadequate due to the wide variety of types of efforts involved, the number can be expanded. However, leaving subsection C as an unlimited, subjective, and unverifiable requirement will result in slanted proposals, potentially unfair evaluations, and unduly burdens some contractors over others. Given this, will the USG revise the solicitation Section M, Past Performance, Section C Adverse Contract

Performance, from an unlimited number of submissions to a limited number?

The Government will not limit the number of adverse contracts.

Reference draft RFP 3(b). Does the relative Past Performance pertain to the current process and capabilities of HSAAP? To what extent should experiential past performance address the known capabilities of HSAAP e.g. nitration, purification, formulation and drying operations versus other manufacturing operations? What is the government's construct for ensuring relevant past performance being applicable to bulk high explosive chemical production at HSAAP?

Per RFP Section L, D. Volume 3 - Past Performance Factor, 3.b. Determining relevancy for the Offeror supply past performance reference: The Government will consider whether the Offeror manufactured or performed high explosives manufacturing or similar production. Additionally, the Government will consider the degree to which the reference is comparable with regard to the complexity of the processes, size of the production quantities and mix, and total dollars awarded to the solicitation requirements. It is up to the offeror to decide how to demonstrate its capability to the Government.

Reference draft RFP, Section L, D. Volume 3 Past Performance Factor, Section A.

Contract References, #2. Recency, states that the Government reserves the right to consider past performance after the solicitation has closed and prior to award. Please elaborate on how the Government will facilitate the submission of additional past performance, after solicitation closing, providing a fair opportunity for all offerors?

Submission of additional past performance information will not be requested. The information in question includes past performance information obtained from any other sources available to the Government, to include, but not limited to, Contractor

Performance Assessment Reporting System (CPARS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System

(eSRS), or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, and Fee Determining Officials.

Reference draft RFP, section A, D, Volume 3, "Past Performance Factor". Key challenges may include integration of Modernization projects or maintenance services into production without affecting production. Will requirements that integrate production and services or construction, similar to how these must be executed for HSAAP, be considered more relevant?"

RFP Section L, Paragraph D. Volume 3 - Past Performance Factor 3. defines relevancy.

It is up to the offeror to provide contracts it determines meets this definition.

Reference draft RFP, section M, D, Volume 3, "Past Performance Factor". Will the past performance of team members be credited even if the proposal shows no commitment of that team member to perform?

The RFP will be updated to require letters of commitment for all proposed team members.

Section L, A, Volume 1. Will team members' capabilities be considered in evaluation even if the proposal provides no evidence that the team member has committed to performance as proposed?

The RFP will be updated to require letters of commitment for all proposed team members.

Reference draft RFP, section M, D, Volume 3, "Past Performance Factor". Will a team member's past performance be credited to the area proposed for performance, if their commitment does not specifically identify how, what portions or amount of work they will perform?

The Government may take the type of work the Offeror proposes the major subcontractor(s) to perform into consideration when determining an Offeror's past performance confidence rating. Relevancy for major subcontractors will be reviewed only in relation to the specific area(s) the major subcontractor will perform. The relevancy definitions from Section L, Volume 3, Section A, Paragraphs 3(a) and 3(b) will be applied to this limited relevancy review.

Reference draft RFP, section M, D volume 3, 2(c) "Past Performance Factor". How will the Government validate that information received through interviews is accurate and fair for use in an evaluation determination? Will the Government disclose to the Offerors any information obtained through sources other than the Offeror and provide an opportunity for Offeror’s to review and respond?

The Government may consider the recency, relevancy, source, context of the past performance information it evaluates, general trends in performance, and demonstrated corrective actions. The Contracting Officer will discuss adverse past performance information to which the Offeror has not yet had an opportunity to respond.

For the Past Performance Volume 3, Section G, Major Subcontractors, is it the

Government’s intent that major subcontractor past performance references be counted against or in addition to the 8 permitted by the offeror?

Major subcontractors past performance references are in addition the 8 permitted by the offeror.

Will the Army evaluate more favorably, items produced at Holston vs. items produced in the U.S (e.g. would proposals for producing critical materials at Holston like BDNP A/F, as used in PAX-3, be evaluated and how)?

The definition of recent and relevant is included in the RFP Sections L and M, it is up to the offeror to decide how to demonstrate its capability to the Government.

How will the Army evaluate commercial manufacturing activities that leverage spare/excess capacity at Holston AAP?

The Government will not evaluate the contractor on the commercial use of the facility.

How will the Army evaluate the execution of onsite commercial activities utilizing off-spec/scrap materials?

The Government will not evaluate the contractor on the commercial activities utilizing off-spec/scrap material.

Reference draft RFP, section C, narrative C0012, "Modernization Support Capability

Requirements". In order to evaluate technology insertion capability, will the Government be requesting recent and relevant implementation projects of these upgrades in a complex chemical-explosive manufacturing environment?

The definitization of recency and relevancy is defined within section L. It is at the offeror's discretion of what contracts it submits to meet the Past Performance Requirements.

Reference draft RFP, section C, narrative C0013, "HSAAP Research and Development

Capability Requirements". With detailed capabilities for an on-site Research &

Development (R&D) function at HSAAP outlined in the RFP, what will be the evaluation criteria used in the Army's assessment of proposals and what will be the weighting factor for this key requirement?

The HSAAP Research and Development Capability will not be considered as an evaluation factor.

Reference draft RFP Section C, narrative C0013, "HSAAP Research and Development

Capability Requirements", paragraph "Operation of the HSAAP Pilot Facilities". A statement is made within the RFP, related to the "HSAAP Pilot Facilities" within the R&D requirements, that, "These facilities are reserved for R&D related activity and are not to be utilized as elements of HSAAP's full scale production line." However, the Building D-

10 Pilot Plant is currently the qualified process for aluminized pressable explosives (such as PAX-3 explosive for the 120mm AMP next generation tank ammunition program).

Narrative C00013 will be updated to remove, "These facilities are reserved for R&D related activity and are not to be utilized as elements of HSAAPs full scale production lines."

Reference draft RFP Section M (B), Volume 1 "Production Factor", Subfactor 1 (1)

"Production Processes" is requesting detailed processing descriptions for four products, which represents a small fraction of the 54 products required to be priced as part of the ten-year FFP proposal. Consequently, reference page 137 Section M Volume 4 "Price

Factor", (2) "Price Analysis" for reasonableness, what criteria will Government use to evaluate that reasonable pricing is supported by the proposed technical manufacturing approach when the manufacturing processes for only four standard products are required per the draft RFP?

Price Analysis will be used to determine price reasonableness. Additional analysis techniques may be used as determined necessary by the PCO. These methods of evaluation may include the use of information/input from sources such as, but not limited to, other Government agencies and personnel.

Will USG Limit Maximum RDX/HMX/IMX Orders to stated HSAAP Production

Capacities?

Clause 52.216-19, Order Limitation, will be updated with final RFP to identify minimum and maximum order limitations.

Will the Government consider an Economic Price Adjustment (EPA) provision for certain commodities (such as energy?)

Under review.

Reference Draft RFP, Section L, Volume 4 – Price Factor and Attachment 0022, Price

Matrix – Production. With the RFP requiring firm-fixed pricing across 10 years with significant quantity ranges for each product (1 lb up to 4,500,000 lbs), how will the USG address ramp up or ramp down type of expenses? For example, if in ordering period one, 100,000 lbs is procured then in ordering period two 4,500,000 lbs is procured, will the

USG cover the cost of potentially activating additional facilities that may be required to manufacture at significantly higher volumes and/or, conversely, laying away facilities which are not needed in the future?

Contractor is required to maintain capability in accordance with RFP requirements. The final RFP will be updated to clarify requirements for maintaining production capacity at

HSAAP. The cost of ramping up or down shall be factored into the offerors price.

Ref. draft RFP attachments 22-25 (price matrix spreadsheets), will the Government provide a more user-friendly series of excel spreadsheets? The locked formatting in some cells is too small and is not allowing the actual numbers to be displayed on screen.

Attachments 22-25 will be updated to address formatting concerns.

Reference draft RFP Section D, narrative D0009, "WS 35664" and associated entries in the price matrix spreadsheets (attachments 22 and 25). The document specifies three types of CXM-12. Will each type be included on the Matrix, or only one specific type?

The RFP will be updated to include CXM-12 Type II and CXM-12 Type III.

Ref. Draft RFP, Section L, E, Volume 4 (4g) and C, Volume 2 Subfactor 2 (2), PWS 6 utilities and energy. Due to the volatility of the utilities market driving potentially significant variability in industry's proposal prices/assumptions, will the Government consider neutralizing this variable by prescribing the dollar value of ALL utilities for each bidder to include in their proposal? This would better allow the Government to judge fair and reasonable pricing as it pertains to the operations and maintenance of HSAAP while minimizing a major unknown that is wholly outside of any one company's control.

The Government is considering the use of an EPA for natural gas.

Reference draft RFP price matrix attachments 22 and 25 and section B (a), "...not to exceed prices...". Will the contractor be allowed to bottoms-up price products that have more stringent (sometimes significantly so) attributes and technical requirements than the standard TDP (e.g. high bulk density, tighter screen requirements, purity, etc.)?

Prices for production items shall be compliant with the TDP's provided with the RFP. Any cost impact due to configuration change(s) during contract execution will be limited exclusively to the costs directly attributable to the change(s), require substantiation, and be negotiated in accordance with the Changes Clause (52.243-1, Changes-Fixed Price).

Reference draft RFP e.g. price matrix attachments 22 and 25 - product requirements.

Will Government continue to supply any ingredients as GFM in support of production requirements?

The Government intends to provide NQ as GFM to support IMX-101 production.

Does the…