RFIs Set 2.pdf

W912BV-12-R-0024 - RFIs Set 2 (No. 19-34)

Department of the Army Tulsa District, Corps of Engineers

USACE Tulsa District EDWOSB IDIQ MATOCs for General & Specialized Construction Related Services

SEED TO: Skiatook Generator/Slide Repair & MCKARNS Slope Protection Repair

Solicitation (RFI) #: W912BV-12-R-0024

Answers to RFIs Set 2 (Nos. 19-34)

RFI 19: We have been working under the assumption for the last 2 weeks that the potential task order maximum was $3M based on the RFP and bonding letter requirements. As such, we have prepared project descriptions and submitted PPQs to clients on projects with a range of values from $100K to $3M to illustrate our experience and our self-performance of multiple construction types to demonstrate the breath of the scope elements required by the RFP. Are we still able to utilize this range of project values for demonstration of project experience despite the new limitation on Task Order size of $500K per Amendment 2? Will projects that exceed $500K but less than $3M be evaluated equally to projects which are less than $500K?

ANSWER: All projects submitted will be evaluated.

RFI 20: 3.3.6 Out-of-Sequence Progress - Will this require approval by 4025?

ANSWER: Specification 01 32 01, Section 3.3.6. A request to the CO for out-of-sequence progress can be completed through written correspondence. Submittal and re-submittal of the construction schedule shall be executed through RMS and utilize a 4025 form.

RFI 21: Section 1.35.26 Governmental Safety Requirements - Is it stated otherwise that the QC and SSHO can be the same person for this project?

ANSWER: Amended Created Specification 01 00 00 Section 1.9 “GOVERNMENTAL SAFETY REQUIREMENTS The SSHO and the Contractor Quality Control System Manager may share responsibilities and be the same individual on this Task Order only.

The SSHO shall not share any other duties. If at any time the ACO determines either duty is being neglected, the duties of the SSHO shall become a full time responsibility of another prime Contractor employee.”

RFI 22: Under SOW 3.1 Work Schedule - Is this statement accurate for this project, " No work shall take place from two calendar work days before, during and after a Federal Holiday?"

ANSWER: Specification 01 00 00 Section 3.1 Work Schedule: Yes, this statement is accurate for this project.

RFI 23: Page 11 & 15 have a different NAICS code and list this as a HUBZONE solicitation, can you clarify this?

ANSWER: Clause 52.216-1 has been corrected. Paragraph 1.3 of Section 00 22 11 is correct. This is a EDWOSB set aside under NAICS 237110.

RFI 24: Do past PPQ forms need to be on the USACE PPQ-0 form or can they be in a different format? How old can these be?

ANSWER: You may submit older/former forms of PPQs as long as they are submitted for projects listed in Factor 1. As stated in Section 00 22 11 Paragraph 5.1.1.2 projects must be “completed within the last five years” so the PPQs cannot be older than that.

RFI 25: 8.3.2.4 - Congress appropriates funds for all contracts awarded by Federal Agencies.

The appropriations are public information. Per FAR 32.702, "No officer or employee of the Government may create or authorize an obligation in excess of the funds available, or in advance of appropriations (Anti-Deficiency Act, 31 U.S.C. 1341), unless otherwise authorized by law."

Therefore, if proposed cost of the TO exceeds the amount authorized and appropriated, award of the TO cannot be made. Does this mean that if the TO exceeds the government estimate, the task won't be awarded?

ANSWER: This paragraph is a bit confusing. The meaning for this requirement is that if all the Seed Task Order Price Proposals exceed the Government Estimate, the Government will have basically 2 choices: (a) Cancel the MATOC requirement, revise the Government Estimate and possibly the specifications for the Task Order and then re-do the requirement (i.e. new solicitation); or (b) Establish a competitive range and open discussions with the offerors; at that time the Government may request the offeror look at some of their prices and revise them if they can, but the Government will not be able to negotiate with them. The bottom line is that we can only award a task order if we have the money available (i.e. a certified Purchase Request from the customer). That is what the Anti-Deficiency Act is really referring to.

RFI 26: ITEM NO 0002 on pg 5 of 109 - What do we do with debris on the banks?

ANSWER: Amended Specification 02 41 00 Section 1.4 Burning: “The use of burning at the project site for the disposal of refuse and debris will not be permitted except at the RS Kerr L&D 15 Jetty. Woody debris and driftwood may be stockpiled and burned at this location. At all other locations, debris shall be removed from Government property and properly disposed of by the Contractor.”

Amended Specification 31 11 00 Section 3.5.2 Nonsaleable Materials “Written permission to dispose of such products on private property shall be filed with the ACO.

Logs, stumps, roots, brush, rotten wood, and other refuse from the clearing and grubbing operations, except for salable timber, shall be disposed of outside the limits of Government-controlled land at the Contractor's responsibility. A detailed written request for burning onsite may be submitted to the ACO for consideration as an exception to the requirement to remove and dispose of debris off site. Burning shall be performed at locations as approved and directed by the ACO and in a manner to prevent damage to existing structures and appurtenances, construction in progress, trees, and other vegetation. The Contractor shall be responsible for compliance with all Federal and State laws and regulations and with reasonable practice relative to the building of fires. The Contractor shall be responsible for knowledge of all local and State burn bans and the acquisition of all necessary burn permits. Copies of burn permits shall be kept on site by the Contractor at the burn site and shall be provided to the ACO. Burning or other disposal of refuse and debris and any accidental loss or damage attendant thereto shall be the Contractor's responsibility.

RFI 27: ITEM NO 0003 on pg 5 of 109 - If there is a burn ban on, are we required to come back and burn trees at a later date?

ANSWER: Yes. If a burn ban is in effect, the debris stockpiled at RS Kerr Lock & Dam 15 shall be burned at a later date when the ban is lifted and safe conditions warrant.

RFI 28: BID SCHEDULE NO 0004 on pg 1 of Section 00 11 00 - Can we build a temporary road over pipe to remove dirt and put in bedding or show our ingress and egress routes?

ANSWER: The question is too vague to answer. In general, all haul road locations and construction must be submitted and approved prior to their construction. Submit specific design details with question to receive a more detailed answer.

RFI 29: BID SCHEDULE NO 0005 on pg 1 of Section 00 11 00 - What about flood debris on banks? Do we remove it and burn or ???

ANSWER: See response to RFI 27.

RFI 30: Can we have a list of approved rock quarries?

ANSWER: Sources with recently tested riprap and bedding passing the Corps specifications are: Hartford Quarry, JD Shears/APAC, Hartford, KS; Elk City Quarry, Midwest Minerals, Independence, KS; Whitaker Quarry, Cedar Vale KS; Greenhill Quarry, Sherwood Construction, Owasso, OK; VJ Stone Quarry, Carnegie, OK;

Dolese Richards Spur Quarry, Lawton, OK; Dolese Cooperton Quarry, Cooperton, OK.

Acceptance of a source does not constitute acceptance of all materials from that source.

RFI 31: At the Port of Dunkin site can the existing pathway at the top of the levee be converted into the haul road for material placement?

ANSWER: Access road can be used to haul material but use is to be coordinated with the Port of Dunkin to access the road.

RFI 32: Are we permitted to use the same person as both On-Site Superintendent and Site Safety and Health Officer?

ANSWER: Yes.

RFI 33: 5.1.2.2 If the JV Offeror has “recent”, “relevant” experience as a JV on similar projects as described in 1.5 (i.e. was not formed specifically for these MATOCs), it shall demonstrate that experience using the “Experience Information” form (Attachment 1 to this Section). What if the JV Partners have experience as a JV and as a PRIME-Sub with a legal teaming agreement. Can the JV submit both JV projects and Prime-sub projects, if the technical approach and pricing structure where the same as the current JV.

ANSWSER: You are limited to five (5) projects. You can submit both JV projects and Prime-sub projects, but you need to stay within the five project limit.

RFI 34: In putting together the proposal, Amendment 0003, page 14 of 27, section 7.1.1.4, references Clause 52.236-1, Performance of Work by the Contractor, in Section 00 72 00. Am I just looking over this clause, or is it not in the specs?

ANSWER: Since this is Construction and is set aside for EDWOSB 52.236-1 and exceeds $1.5M it (52-236-1) does not apply (IAW 36.501(b)). Instead the Clause 52.219-14 Limitations on Subcontracting applies. The clause states that for General Construction which is Paragraph (c)(3) "The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees." - Paragraph 7.1.1.4 will be changed to reflect Clause 52.219-14 instead of 52.236-1.

Clause 52.219-14 is included in Section 00 72 00, Contract Clauses.

Prepared on 7/9/2012 by:

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