W9127820R0103 Amendment 0002 RFIs.pdf
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- Solicitation number
- W9127820R0103-0002
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This document contains answers to contractor questions on a solicitation for operation and maintenance services for government-owned facilities and equipment on Alabama waterways. The solicitation was issued by the Department of the Army Corps of Engineers Engineering District Mobile for services including building maintenance, grounds maintenance, and repair of locks, dams and other water control structures.
Key details include that the solicitation required firm fixed price proposals for routine preventative maintenance, with the ability to issue cost-reimbursable work orders for non-routine repairs exceeding $2,500. The responses clarified policy on liability thresholds, wage determinations, electronic proposal submission requirements, and other contractual terms. Specific tasks mentioned include painting spillway gates and providing manpower reporting in a specified format.
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UNCLASSIFIED\\FOR OFFICIAL USE ONLY
Bid Inquiry Technical Evaluators Report All Inquiries
Project: BWT O&M Review: BWT O&M (00001) (sorted by CommentID ) Displaying 20 inquiries.
Id Discipline Sheet Detail Spec
8974660 Contracting Section C - Pg 11
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Section C - Pg. 11. There is a reference to "evaluation for award fees". Since there are no Award Fees associated with this contract, we assume that this sentence is not applicable, correct? (If correct, we respectfully suggest that this sentence be removed for clarity since the solicitation will be incorporated in the resulting contract). Please advise.
On: Dec 18 2020. Forward request by email.
1-0 Evaluation Concurred. The statement referencing award fees is not applicable. The solicitation will be amended to remove it By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8974673 Contracting Sect C - Pg.16, Sect. I Pg 54, Sect. H Pg
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Section I - FAR 52.245-1 - Government Property - Section (h) Contractor Liability for Government Property. This FAR section addresses contractor liability in the event of loss of Government Property. It provides that "the Contractor shall not be liable for loss of Government property furnished or acquired under this contract" except under certain enumerated circumstances. Section (h) (ii) of the FAR sets the Contractor liability threshold as "willful misconduct or lack of good faith on the part of the Contractor's managerial personnel". However, there are two other operational provisions included in the solicitation that list a different standard which represents a lower legal threshold of liability than the FAR. The two sections have Contractor "negligence" as the threshold for Contractor liability (Pg. 16 / Sect.
C & Pg 51 - Sect. H). We are concerned that the use of the general term "negligence" actually creates a lower threshold than is intended by the FAR. Given the sizable Government Property values related to the contract, this lower threshold of liability would raise contractor risk and increase insurance premium cost, both of which increases the cost to the government. We respectfully request that the language in the two operational provisions be adjusted so that the FAR language dictates the liability standard. Please advise.
On: Dec 18 2020. Forward request by email.
1-0 Evaluation Concurred. The solicitation will be amended to state "willful misconduct or lack of good faith" to replace the term "negligence." By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8974692 Contracting Section H - Exhibit 19 Wage
Determinations
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Currently, the WRRC Wage Determinations provided in Section J - Exhibit 19 cover only the Construction Type "Building". There are additional, separate WRRC Wage Determinations for the Construction Type "Heavy" which is applicable to work such as water and sewer lines, dams, locks and waterways, dredging, and flood control projects.
(See DOL All Agency Memorandum No. 130 for Construction Type definitions) These "Heavy" determinations have been utilized on waterway O&M contracts previously. We respectfully suggest that it would be appropriate to add the "Heavy" WRRC Wage Determinations for the applicable counties to the solicitation given the nature of the project.
Please advise.
On: Dec 18 2020. Forward request by email.
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1-0 Evaluation Concurred. WRRC Wage Determinations do not apply to the overall scope of the contract, as the intent is to have all known scheduled labor be proposed as firm-fixed-priced (FFP).WRRC Wage Determinations would only be applicable when unforeseen need for additional labor under the cost-plus-fixed-fee (CPFF), and "Heavy" construction is needed. Then the rates would then be included at that time. By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8974702 Contracting Section L - 1.6 Electronic Proposal
Submission Requirements
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Section 1.6c lists the Cost/Price files and the Administrative Requirements to be submitted in the offer. The instruction is to submit one PDF file and associated Excel Workbook. We assume this to be the PDF for the Cost/Price narrative/explanations plus the Cost/Price Excel Workbook. However, the Administrative Requirements are also included in this Volume but there is no allowance for that PDF. (Adding the Administrative Requirements PDF would change the proposal file submission to a total of six (6) files (4 PDF files and 2 Excel files) Please advise.
On: Dec 18 2020. Forward request by email.
1-0 Evaluation Concurred. The solicitation will be amended to change the proposal file submission to a total of six (6) files (4 PDF files and 2 Excel files). By: Terry Herbert; SAM Contracting Division;
(251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8974708 Contracting Section H - Special Cont. Requirements -
Manpower Reporting
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Section H - Special Contract Requirements / Manpower Reporting. This section requires entry of manpower reporting into the system "https://cmra.army.mil." Our research indicates that CMRA/ECMRA requirement has been rescinded and the system has been decomissioned. Please advise.
On: Dec 18 2020. Forward request by email.
1-0 Evaluation Concurred. CMRA/ECMRA requirement has been rescinded and the system has been decomissioned. The Manpower Reporting requirement references the formatting and the required information the offeror must provide. There is no requirement to input any information or data into CMRA/ECMRA in Section-H or any part of the solicitation. By: Terry Herbert; SAM Contracting Division;
(251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8974721 Contracting Section H - Special Contract
Requirements / Calculation of Wage Rate Increase
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Section H - Special Contract Requirements / Calculation of Wage Rate Increase. The provision addresses Service Contract Act wage rates in option years. However it also includes language on professional or executive employees wages that is consistent with a cost reimbursement contract. "No changes to wages will be made for professional or executive employees unless the contractor has proposed such yearly increases in his proposal. Other proposed increases such as bonuses and cost of living increases will not be considered if not included in your accepted proposal." As all labor for professional or executive employees in this contract will be under a Firm Fixed Price provision (TP-1), is it correct that this language does not apply? (If correct, we respectfully suggest that these sentences be removed for clarity as the solicitation will be incorporated in the resulting contract). Please advise.
On: Dec 18 2020. Forward request by email.
1-0 Evaluation Concurred. All proposed increases should be submitted with proposal. By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
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1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8974722 Contracting Section H - Special Contract
Requirements / Calculation of Wage Rate Increase
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Section H - Special Contract Requirements / Calculation of Wage Rate Increase. The provision addresses Service Contract Act wage rates in option years. However it also includes language on professional or executive employees wages that is consistent with a cost reimbursement contract. "No changes to wages will be made for professional or executive employees unless the contractor has proposed such yearly increases in his proposal. Other proposed increases such as bonuses and cost of living increases will not be considered if not included in your accepted proposal." As all labor for professional or executive employees in this contract will be under a Firm Fixed Price provision (TP-1), is it correct that this language does not apply? (If correct, we respectfully suggest that these sentences be removed for clarity as the solicitation will be incorporated in the resulting contract). Please advise.
On: Dec 18 2020. Forward request by email.
1-0 Evaluation Concurred. All proposed increases should be submitted with proposal. By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8974728 Contracting TP-7 - Painting/Repair Coffeeville Splillway
Gates
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
TP-7 - Painting/Repair Coffeeville Splillway Gates. This section specifies the scope of work for Painting/Repair of the Coffeeville Spillway Gates. "The Contractor shall repair, blast, prime and paint all metal components of the spillway gates at Coffeeville Spillway." Is it the intention of the government that the spillway gate machinery be painted?
Please clarify.
On: Dec 18 2020. Forward request by email.
1-0 Evaluation Concurred. Yes the machinery is to be included. The solicitation will be amended. By:
Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8974733 Contracting TP-2 - Insurance
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
TP-2 - Insurance section - "The contractor will include the cost of all insurance (insurance that is not otherwise included in the payroll burden)." We understand this requirement since most of these insurance premiums are indirect in nature. However, there are specific insurance premiums that are driven by a specific cost occurance within the TPs (TP3-11). Should we include those specific insurance premiums in TP-2, or should we include those in the TP where that specific cost occurs? Please advise.
On: Dec 18 2020. Forward request by email.
1-0 Evaluation Concurred. That insurance cost should be included in TP-2 for the proposal and the costs distributed as specified in the TP during the invoicing. By: Terry Herbert; SAM Contracting Division;
(251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983724 General General Question
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
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Have there been any significant changes to the scope from the incumbent contract to this solicitation? If so, can the government please provide additional details on what has changed?
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. Yes, there are changes from the previous contract. The changes are too numerous to provide and are not relevant to this solicitation. By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983725 General General Question
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Will the government please provide both the FFP and IDIQ award values for the incumbent contract?
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. There are none. By: Terry Herbert; SAM Contracting Division;
(251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983728 Other Figure B-3 Pricing of
Services Cell H18
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
How is the Total Evaluated Price being calculated? How will the Above Standard Services and the Mark-up Coefficient be evaluated for award purposes?
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. Please see the Section L cost workbook and Section M. By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983731 Other Figure L-1: Management Plan
Baseline Worksheet Columns E-G
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
The Management Plan Baseline accounts for Holiday, Sick, and Vacation hours that may not be in-line with our FTE calculations. Can bidders make changes to ensure the Baseline matches our price and labor buildup as long as the total hours per FTE do not exceed 2080?
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. There is no Figure L-1 Management Plan Baseline Worksheet in the solicitation. By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983737 Other Figure B-1: Contractor Staffing Declaration
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Contractor Staffing Declaration asks for each company to provide worker's compensation rates and whether H&W/Pension are paid directly to the employee. These questions are not relevant to determination of suitability or overall price. Will the government consider removing this requirement or allowing contractors to leave these areas blank?
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On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. There is no Figure B-1 By: Terry Herbert; SAM Contracting Division;
(251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983743 Other Solicitation, Section C5, Pg
C.5.11.2.1 Non Reimbursable Repairs
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Can the government please clarify the intent behind C 5.11.2.1 Non Reimbursable Repairs where it states, in part: "A non-reimbursable repair is a repair or replacement requiring no more than $2500 in cost for repair parts and materials ONLY but no labor cost is included (including any approved subcontracting costs)." As the government is aware, labor (whether in-house or subcontracted) is often the most expensive portion of any repair and by not allowing these costs to be calculated into the $2,500 liability limit the government is placing significant unknown liability on the contract. For instance, a realistic repair of $12,000 with $2,000 in parts and $10,000 in labor would be completely non-reimbursable to the contractor. Would the government please consider including labor in the $2,500 liability calculation, as is seen in the majority of other facility service contracts, to reduce unforeseen liability burden by the contractor and lower overall proposal pricing?
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. There is no such section on page 80. By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983745 Other Figure B-1: Contractor Staffing Declaration
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Can the government please explain how the contractor is to provide fixed staffing per Figure B-1 as part of the FFP, and cover an unknown quantity of repair service call Work Orders with non-reimbursable in-house staff? Contractors can easily bid the fixed price, routine preventative maintenance but not open-ended service calls with no limit to the required labor. Since this does not meet the intent of firm fixed price contracting would the government consider limiting the total service calls required each option year under the FFP or allow the markup coefficient to apply to in-house labor?
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. There is no Figure B-1 By: Terry Herbert; SAM Contracting Division;
(251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983749 Other Solicitation, Section C5, Pg
C.5.13.2.2 Labor
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Section C.5.13.2.2 discusses "labor categories and rates from the price schedule in this Contract." Can the government please identify this price schedule being referenced and provide if necessary?
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. There is no Section C.5.13.2.2 By: Terry Herbert; SAM Contracting Division;
(251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983753 Other C.5.14.2 Miscellaneous Work
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Solicitation, Section C5, Pg
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Per Section C.5.14.2, how will the contractor be reimbursed for Miscellaneous Work in excess of the 50 hours and $100 in parts? Does all non-routine escorting, room set-up, spot cleanup, furniture removal and replacement, etc. that is not part of the fixed price maintenance scope count as Misc. Work? It appears from the Building Library of CMMS Work Orders provided with this solicitation that the government is using WOs, which are subject to the $2,500 liability limit for performance of Misc. Work. Can the government please clarify how they will be differentiated under this contract?
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. There is no section C.5.14.2 By: Terry Herbert; SAM Contracting Division;
(251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983755 Other Solicitation, Section C5, Pgs
82-86 C.5.12 Work Orders
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
Is there currently a WO Backlog in the NCMMS, and does the government anticipate the gaining contractor inheriting WOs from the prior contractor? If so, will these be 100% reimbursable to the gaining contractor?
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. There is no Section C5 on pages 82-86. By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
8983757 Other Solicitation, Section C5, Pg
C.5.11.2.3 Fully Reimbursable Repairs
Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)
This section makes no mention of items outside of those assets provided in the building inventory included with the solicitation. Will the government please confirm that any repair or maintenance to any asset NOT included in the provided inventory will be considered fully reimbursable? The contractor cannot be expected to include pricing for preventative maintenance or repair liability on items not identified in the contract.
On: Dec 30 2020. Forward request by email.
1-0 Evaluation Concurred. There is no Section C5 on page 81. By: Terry Herbert; SAM Contracting Division; (251-441-5520 ) On: Jan 04 2021
1-1 Government Response. N/A On: Jan 04 2021
Current Request Status: Request Closed
Information for this report is procurement sensitive.
Report Complete
UNCLASSIFIED\\FOR OFFICIAL USE ONLY
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