Attachment 4 - RFIs 1-42 with Answers.pdf

W912BV‐12‐R‐0023, RFIs 1‐42

Department of the Army Tulsa District, Corps of Engineers

SB IDIQ MATOC for Construction of Renewable

Energy, Energy Conservation & Mechanical/Electrical Projects in the SW Division of the USACE

(“SB Energy MATOC”)

SEED TO: Repair Three Flood Control Pumps at Caney Levee Pump Station on the KS Side of Copan Lake and

Install Digital Gauges on Low Flow Valves At Hulah Lake Dam, OK

Solicitation (RFI) #: W912BV-12-R-0023

Full Set of RFIs (1-42) with Answers

RFI 1: What is the anticipated budget range for SEED Task Order; so we may request Bid Bond?

ANSWER: The estimated price range for the Seed Task Order is between $100,000 and $250,000.

RFI 2: Regarding Specialized Experience Attachment 1 and Past Performance client Survey: Is the Prime allowed to submit the Specialized Experience and Past Performance information of his Designer and Subcontractors in addition to the 5 projects he has already submitted. Can we submit 5 additional projects by our Designer and 5 additional projects by our key subcontractors?

ANSWER: Yes. The Prime can submit one (1) Specialized Experience Form and one (1) Past Performance Survey for each subcontractor. In order to accommodate the anticipation of forms being submitted for subcontractors, the page count for Section 00 22 11 Paragraph 3.4.3, Factor 1, Sub-factor 1 has been increased to 30 pages. See Revised Section 3 in Amendment 2.

RFI 3: Can subcontractor experience be used for the 3-5 projects submitted on the Experience Information forms in Factor 1 (subfactor 1)?

ANSWER: The Prime should submit 3 to 5 projects in which they were the Prime and then one project should be submitted for the subcontractor. See answer to RFI 4 below.

RFI 4: Are Offeror’s allowed to submit additional “Specialized Experience” forms for their subcontractors?

ANSWER: Yes, you may submit one (1) Specialized Experience Form for each subcontractor. See revised Paragraph 5.1.1 and its sub-paragraphs in Revised Section 5 in Amendment 2.

RFI 5: What is the total allowed number of projects that can be submitted on the “Specialized Experience” forms for both the Prime Contractor and its Subcontractors?

ANSWER: Prime – No more than three (3); Sub-contractors – One (1)

RFI 6: Also, can we subcontract/team with another company when proposing on this project?

ANSWER: Yes, “teaming” or forming a Joint Venture (JV) for this project is acceptable.

In order to explain what needs to be provided for a JV, Section 00 22 11 Paragraph 6.0 and its subparagraphs have been revised in Amendment 2.

RFI 7: What is the due date for questions submitted after the pre-proposal conference?

ANSWER: That date will be provided in Amendment 2.

RFI 8: May we submit Past Performance Questionnaires previously submitted for other proposals if the previous proposal also utilized the new USACE/NAVFAC reusable form PPQ- 0?

ANSWER: No. Past Performance Questionnaires should only be submitted for projects listed under Factor 1.

RFI 9: Where is the “Letter provided” (referenced in RFP section 7.1.1.2, pg. 29) for response to the RFP and required as part of Volume 2, Tab B?

ANSWER: The offeror should include a cover letter under this tab along with the SF 1442.

RFI 10: What is the anticipated range of magnitude, or “size” (referenced in RFP section 5.1.2.5, pg. 22) for task orders under this solicitation?

ANSWER: Section 5.1.2.5 is a description of the evaluation criteria that will be applied to Volume 1, Tab A, Factor 1. The Government will not award a task order in excess of $5M.

RFI 11: In what situations, if any, are fold-out pages “authorized”? (referenced in RFP sections

3.3.2 and 3.3.5, pg. 18)

ANSWER: Future task orders are not known at this time, but RFPs could include the authorization to provide hard copy submissions that are larger than 8½ x 11”—that information will be included in the individual RFPs.

RFI 12: What is the maximum contract duration (referenced in RFP section 5.6.1.1, pg. 26)?

ANSWER: Each individual task order will have a contract duration included in the RFP.

RFI 13: Will Geothermal, Wind and Solar Projects be included in this contract as well?

ANSWER: Future task orders are not known at this time, but task orders could potentially fall into these categories.

RFI 14: When proposing on this project, are we proposing our own price for anticipated total costs of the project or are we limited by the above specifications?

ANSWER: You should follow the instructions in Section 00 22 11. The only pricing information you are providing at this time is Factor 4 – Seed Task Order Price Proposal.

An RFP will be issued requesting a Technical and price proposal for further task orders on an individual basis.

RFI 15: Is there a specific time frame for the work to be performed?

ANSWER: If this question is in regard to the Seed TO, then the information is provided in the Specs/SOW – 75 calendar days. This information will be provided in the RFP for further task orders on an individual basis.

RFI 16: We are clear that PPQs received in response for other RFPs are not to be incorporated by reference. However, may the offeror include copies of PPQs previously received with their proposal in order to satisfy this requirement?

ANSWER: Only if the PPQs go with Projects listed in Factor 1.

RFI 17: Please reference page 19 of 65, Paragraph 3.4.1, second sentence. Are we to provide six

(6) CDs or only one (1) CD?

ANSWER: Only 1 CD is required. See revised Paragraphs 3.4.1 in Revised Section 3 in Amendment 2.

RFI 18: The proposal is due on Friday, April 20th. Section 3.5.1 requires that we submit the CD containing the price proposal within 24 hours. That would require delivery on a Saturday. Is this the government’s intent or should the CD be delivered the business day following the proposal due date?

ANSWER: The CD should be sent with the written Price Proposal. See revised Paragraph 3.5.1 in Revised Section 3 in Amendment 2.

RFI 19: Since this is a Design-Build contract shouldn’t the Government require the Specialized Experience of the Designer(s)? If so, should we submit up to five (5) additional Specialized Experience and Past Performance Questionnaires for the Designer(s) as well?

ANSWER: The Government agrees that the designer is an important component to the Prime’s team and as such up to three (3) Experience Information forms can be submitted for that role. Past Performance Questionnaires for those projects should also be submitted. See new Paragraph 5.1.1.5 in Revised Section 5 in Amendment 2.

RFI 20: Re: Page 16 of 65 of the solicitation, 1.0 OVERVIEW, Paragraph 1.3 and Page 19 of 65 section 3.4 SPECIFIC INSTRUCTION FOR THE TECHNICAL PROPOSAL (VOLUME I), Paragraph 3.4.5 Page limitations - Sub-factor 1, Relevant Specialized Experience – Limited to 20 pages - Questions: (a) Is an “Overview” summarizing the recent and relevant experience of both the primary and subcontractors and a description of the roles they will play and the percentage they will perform expected in a narrative format prior to the Experience Information Forms? (b) If the Experience Information Forms is limited to a maximum 5-pages then in addition to those 5 pages is an “Overview” limited to 20 pages for a total of a maximum of 25 pages? Or are the Experience Information Forms part of the 20 pages?

ANSWER: (1) The Overview should be in a narrative format that is clear and easy to follow—We have also raised the page limit to 30 pages (see Amendment 3). (b) There is no page limit for the Experience Information Forms section except—up to 5 can be submitted for the Prime (or each JV member); up to 3 for the Designer; 1 for each sub-contractor.

RFI 21: Organization Conflicts of Interest (OCI) Disclosure – does this statement/disclosure pertain to an “association” or “affiliation” of personnel involvement with this solicitation? Can you further explain this disclosure statement. Pardon my lack of knowledge, but does this have anything to do with teaming arrangements and/or teaming partnerships?

ANSWER: This is covered under FAR Subpart 9.5. Typically these conflicts of interest occur in contracts for management support services; consultant or other professional services; contractor performance of or assistance in technical evaluations; or systems engineering and technical direction work performed by the contractor that does not have overall contractual responsibilities for development or production. The two underlying principles are – (a) Preventing the existence of conflicting roles that might bias a contractor’s judgment; and (b) Preventing unfair competitive advantage. There are even some examples to assist in applying the rules and procedures under 9.508. One example is “Company A receives a contract to prepare a detailed plan for scientific and technical training of an agency’s personnel. It suggests a curriculum that the agency endorses … Company A may not be awarded a contract to conduct the training.

Subpart 9.6 covers Contractor Team Arrangements and defines it as “(1) Two or more companies form a partnership or joint venture to act as a potential prime contractor; or (2) A potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program.” 9.6 includes the policy and limitations for these arrangements as well.

RFI 22: Volume 1, Tab B, Factor 1, Sub-Factor 2-Management Effectiveness 5.2.1.2 – was this section intentionally skipped? It goes from 5.2.1.1 to 5.2.1.3

ANSWER: Paragraph number 5.2.1.2 was unintentionally skipped; it has been marked “RESERVED” in the attached Revised Section 00 22 11 dated 4/9/12 so that the remaining paragraphs do not have to be renumbered.

RFI 23: Section 7, Volume 2, Price Proposal for Seed Task Order – are “tabs” for this volume alpha as noted in Section 4.0 matrix or numeric as noted in Section 7.0 of the RFP

ANSWER: Tabs are alpha. Change has been made in the attached Revised Section 00 22 11 dated 4/9/12.

RFI 24: We are required to submit a schedule with our proposal. Typically those schedules are printed at a larger size than 8.5 x 11. There are no page limits on the schedule sections, so will the government please confirm that the proposal schedule can be submitted on paper larger than

8.5 x 11?

ANSWER: You are allowed to use 11” x 14” or 11” x 17” paper; however, as stated in Paragraph 3.4.3 of Amendment 2 “the pages must be folded in such a way as to be included in the folders and be easily accessible to the SSEB members.”

RFI 21: Just another thought to consider, the period of performance of 75 days is very, very short considering the following issues: (a) There will have to be 4 mobilization and demobilizations since only one pump can be remove at a time; (b) Heavy cranes are not always available when demanded which can cause delays; (c) Each pump will have to be transferred to a repair facility and parts will need to be ordered and the required replacement parts may be difficult to find causing delays; (d) The penalty of $1000 per day after the 75 days is pretty steep and if delays are encountered, the contractor could lose money on the project; (e) Bad weather may cause delays in getting a crane to the facility to remove or replace a pump; and (d) I know that time is critical to have all pumps repaired and replaced, but please reconsider the period of performance being extended beyond the 75 day limit.

ANSWER: The Government agrees that the performance period of 75 days should be extended as follows: 130 calendar days (30 calendar days per pump). Just as a reminder—if after award (during the 75 day performance period) other issues surface that would require extensions on the schedule, then the Contractor will work directly with the Contracting Officer’s Representative (COR) and Administrative Contracting Officer (ACO) in the field to make necessary adjustments to the performance period. But for purposes of preparing the proposal for the Seed Task Order, Offerors should use the Period of Performance of 130 calendar days (30 calendar days per pump).

RFI 22: Once page per resumes limits our ability to demonstrate key personnel experience.

Would the government allow 2 pages per resume?

ANSWER: Limit is raised to 2 pages per resume.

RFI 23: In Revised Section 00 22 11 dated 4/9/2012, 5.1, Volume 1, Tab A: Factor 1, Sub- Factor 1 – Relevant Specialized Experience, 5.1.1.2, is this paragraph intended to read “…. Role they will play in the SDVOSB Energy SATOC and the percentage of work they will perform.”

ANSWER: You are correct. I will make the correction.

RFI 24: In Revised Section 00 22 11 dated 4/9/2012, 5.2, Volume 1, Tab B: Factor 1, Sub- Factor 2 – Management Effectiveness, 5.2.1.5 “Describe your plan and capability to respond to the Government’s ….” meant to repeat the section number again, 5.2.1.5 “Describe your plan for managing subcontractor performance, acquisition, execution and administration”.

ANSWER: You are correct. I will make the correction.

RFI 25: Where in the proposal shall the Organizational Conflicts of Interest be submitted?

ANSWER: Place it under Factor 1, Sub-factor 2, Management Effectiveness.

RFI 26: If our firm is performing as the constructor with in-house engineering for designers of record, are we to submit additional projects according to “Section 5.1.1.5 Because the task orders may be design/build project, the Prime/Offeror shall submit up to three (3) ‘Experience Information” forms for the Designer member of their team.” Or will the 5 projects we are submitting to demonstrate our design and construction experience (all in one project) suffice?

ANSWER: You do not have to submit additional projects for your engineering if it will take place in-house. Including the design work and construction work in one project form will suffice.

RFI 27: Section 3.3.1 states “All pages shall be numbered”. 1. Does this include all pages of the price proposal? A bid bond is on a sealed document. Is the intent that the bid bond have page numbers?

ANSWER: Bid bond does not need page numbers.

RFI 28: Section 5.6.2.1 Proposed Contract Duration states “During the subsequent comparison between proposals, differences between proposed contract durations of at least three weeks (differences of 21 calendar days between proposals) will be considered an advantage to the Government, with greater differences also considered, accordingly.” Section 5.6.2.2 Summary Schedule states “The length of the schedule must match the proposed contract duration. If it shorter than the proposed contract duration, it offers no advantage to the Government because it is non-binding, only representing a preliminary planned schedule. A schedule shorter than the proposed contract durations may indicate the Offeror is placing additional risk on the Government for any delays between the scheduled completion and date and the required contract completion period.” It is unclear if the government is requesting a shortened duration. Please clarify.

ANSWER: The Offeror has two options for proposing contract duration and preparation of the Summary Schedule: (1) Use the Government’s number of calendar days for completion as set forth in Section 00 77 33 00, Clause 52.211-10 of the Specs/SOW for Seed TO and create a schedule that matches that time frame (i.e. 60 calendar days for Base Bid, Council Grove Lake, KS & John Redmond Lake, KS; and 30 additional calendar days for Option 1, Canton Lake, OK; or, (2) Propose a shorter contract duration that will become the contractually binding completion period at award and then create a schedule that matches that shorter time frame.

RFI 29: Will the design and construction NTPs be provided separately?

ANSWER: With regard to the Seed TO, there will only be one NTP because no design work is required. If a task order requires design work and construction, then two NTPs can be issued. The decision is made by the COR and ACO.

RFI 30: The project duration of 75 days will be fairly tough to achieve if this time includes ordering of long lead items and complying with all of the submittal requirements and approvals in the RFP. SD-03 requires submittal of the manufacturer’s catalog data four weeks prior to the purchase or installation of a component. There are two valves and parts may not be able to ordered until after inspection, which means at least 2 months will have passed before even ordering parts. Please clarify: Is the 75-day duration intended for on-site days only? If not, will the NTP be issued after arrival of the key parts that are ordered?

ANSWER: NTP will be issued after the bonds are received. The Government has extended the period of performance (see answer to RFI 21 above). The Contractor will work with the COR and ACO in regard to performance period after award of the task order. Adjustments will be made if necessary.

RFI 31: Is it the intent that the pages be numbered continuous tab-to-tab or start at page “1” behind each new tab?

ANSWER: Please feel free to number the pages as you see fit; just ensure that the “flow” of the proposal is easy to follow and that the required information is behind the specified tab so it is easy to find.

RFI 32: For the Past Performance Questionnaire, is only one project example required from the contractor and then the client provides their evaluation of the contractor's performance?

ANSWER: The intent is that for every “Experience Information” form submitted by the Offeror in Factor 1, Sub-factor 1 for the Prime, JV Members, Sub-contractors and Designers that there be either a ACASS, CCASS or CPARS evaluation submitted or a Past Performance Questionnaire submitted by their customer/client in Factor 2.

RFI 33: Regarding Section 52.228-1, Bid Guarantee: It states under (c) that "the amount of the bid guarantee shall be 20 percent of the bid price or $50,000.00, whichever is less." Question: Is the "bid price" referenced in 52.228-1(c) the same as the seed task order amount, as will be submitted under Section 00 11 00, Pricing Schedule?

ANSWER: The Bid Guarantee is in regard to your Seed Task Order Price Proposal.

RFI 34: Is the bid bond 10%? I can’t seem to find it.

ANSWER: See RFI 33 above. The amount of Bid Bond (i.e. Guarantee) is found in Clause 52.228-1.

RFI 35: RFI Set 1 was incorporated into the solicitation by Amend 2. Will RFI Sets 2 and 3 be incorporated into the solicitation by amendment?

ANSWER: Watch for instructions for acknowledging the RFIs in further Amendments.

RFI 36: Referencing 52.216-19 Order Limitations from the solicitation; does the Government intend to require offerors to provide evidence of ability to obtain bonding for single projects in the $9 million range with a potential aggregate of $49 million?

ANSWER: Clause is incorrect. The single project bonding range is $5,000,000.00 instead of $9,000,000.00.

RFI 37: We interrupt Section 5.4.1.2 in amendment 0003 to mean we can use previous PPQs on the form provided as long as we include the actual PPQ and not just refer to previously submitted PPQs. Is this correct?

ANSWER: That is correct. You may use PPQs submitted on earlier projects as long as you include the actual PPQ and as long as it applies to projects submitted in Factor 1.

RFI 38: We are submitting as a JV team with in-house design capabilities. Based on 6.1.5 we will be submitting up to three projects for each JV partner. In addition, based on 5.1.1.5 we interrupt this be up to three additional design projects to show our in-house design capabilities.

Is this correct?

ANSWER: You may submit projects for the in-house designer as long as they are different than the ones submitted for the JV partner that the in-house designer belongs to.

Do not duplicate the projects and the past performance information.

RFI 39: Is it acceptable for Offerors to re-format the Experience Information forms (Attachment 1)?

ANSWER: No, the PPQ is a mandatory form for USACE proposals.

RFI 40: Where in the proposal should we provide the 1-page brief narrative regarding the roles that each JV member will perform on the MATOC?

ANSWER: Insert it in Factor 1 (would be an additional page to the 30 pages allowed).

RFI 41: Section 3.4, Specific Instructions For the Technical Proposal, “Provide the complete Technical Proposal on one (1) CD, created by a Window 7 computer; CD shall be .pdf format and NOT scanned …” This will be a difficult task with signature pages (SF 1442, First Page with authorized signature). This will also be problematic with CCASS documents and/or PPQ’s.

How do I proceed with these documents when providing the USACE a CD of the Technical Proposal?

ANSWER: The requirement not to “scan” was required before our computers were upgraded. It is not a problem now. Please scan whatever documents you need to in order to provide me with a complete copy of the Technical Proposal. Paragraph 3.4.1 has been revised.

RFI 42: In response to “RFI 25: Where in the proposal shall the Organizational Conflicts of Interest be submitted? ANSWER: Place it under Factor 1, Sub-factor 2, Management Effectiveness.”, please confirm this will not be counted in the page count for Sub-factor 2, Management Effectiveness.

ANSWER: I’ve increased the page count to 20 pages for Factor 1, Sub-Factor 2.

Prepared by: Pamela Moody, Contract Specialist

918-669-7457 Pamela.s.moody@usace.army.mil

Dated: 20 April 2012