Attachment 0003 - ProjNet Inquiries and Government Response.pdf

UNCLASSIFIED\\FOR OFFICIAL USE ONLY

Bid Inquiry Contractor Report All Inquiries

Project: 610 Limestone for Will Whittington South Levee Review: Bidder Inquiry W912EE-20-Q-0033 (00001) (sorted by CommentID ) Displaying 31 inquiries.

Id Discipline Sheet Detail Spec

8691557 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

CLIN 0001 is for the supply and delivery of 12,500 tons of 610 Limestone to the Will Whittington South Levee, Starting Coordinates: 32.69755, -90.66734. THE STARTING COORDINATES SEEM TO BE AT THE END OF THE LEVEE. THE LEVEE SIMPLY DEAD ENDS WITH NO RAMPS OR TURN AROUNDS AT THIS LOCATION. SEE ATTACHED IMAGE. HOW DOES THE GOVERNMENT ANTICPATE THE SUPPLIER TO SUPPLY AND DELIVER THE MATERIAL TO THIS "DEAD END" AREA OF THE LEVEE? OUR MAIN CONCERN IS HOW THE SUPPLIER WILL GET THE TRUCKS (18-WHEELERS) TURNED AROUND AT THIS LOCATION. PLEASE KEEP IN MIND THAT THE SUPPLIER WILL BE BOUND BY THE EM-385-1- SAFETY AND HEALTH REQUIREMENTS MANUAL.

(Attachment: Binder1.pdf) On: Jul 08 2020.

Government Response. . The contractor is responsible for using vehicles that can supply and deliver the 610 limestone in accordance with all requirements of the solicitation. On: Jul 09 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691569 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

We see that this solicitation is listed as a RFQ and not a IFB or a RFP. With this being said, we are concerned that that the statement of work as noted in the solicitation might not be contractually legal. Could the USACE please have their legal department review.

Example: Liquidated Damages of $2,124.00 per calendar day of delay, but there is not period of performance noted.

Also, the following statement sounds a little excessive: If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Would it suit the government better to have bonds required (bid bond, payment and performance bonds)?

If the supplier never attempts to make delivery, how can the government withhold liquidated damages? Essentially, how can the government enforce the supplier to pay back money that this above and beyond what the government might or might not owe the supplier?

On: Jul 08 2020.

Government Response. . This requirement has been determined commercial; therefore, FAR Part 12, Acquisition of Commercial Items, is applicable. FAR Part 13, Simplified Acquisition Procedures, is also applicable. The solicitation for this requirement is issued as a request for quote and as such bond requirements are not applicable to this requirement.

Deliveries will be authorized when a notice to proceed is issued. The notice to proceed will be issued after all post award submittals have been approved and the delivery schedule has been coordinated with the Government. The contractor will be notified when all post award submittals have been approved other than the delivery schedule. The contractor will have two business days to submit an updated delivery schedule to be coordinated with the Government. The contractor shall be able to schedule a delivery start date to begin within 10 calendar days upon notification that all post award submittals are approved.

The contractor's quote in response to this solicitation shall identify an estimated delivery start date as a number of days after the notice to proceed has been issued, but must be within 10 calendar days of the NTP. An example of how a contractor may quote the delivery schedule is: "deliveries will begin within 10 days of the NTP being issued at a delivery rate of 350 tons per day with deliveries being made Monday through Fridays until complete. An actual delivery schedule will be submitted to the Government within 2 business days of all post award submittals being approved." The liquidated damages will be applicable to the schedule that is coordinated between the contractor and the Government when the notice to proceed is issued.

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The liquidated damages amount of $2,124.00/day reflects the labor and equipment rental costs the Government incurs on a daily basis to support receiving the 650 limestone. Labor to support this project includes a Quality Assurance Representative, Area Engineer, Project Engineer, Chief Engineer, Administrative Assistants, and hired labor. The contractor is responsible for complying with the delivery schedule approved in the notice to proceed.

In the event a contractor is unable to obtain approval of the post award submittal requirements, the contractor will not be responsible for liquidated damages, but may be responsible for contract termination costs as identified in FAR Clause 52.249-8. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691570 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please provide an approved access route for the trucks to make delivery, with any and all kinds of restrictions that the supplier should anticipate.

On: Jul 08 2020.

Government Response. . USACE-MVK is not responsible for researching an access route or restrictions associated with public roadways. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691582 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

The delivery specifications read as follows: "The contractor shall deliver between 1,000 and 2,000 tons of stone per day."

Will the supplier be allowed to deliver more than the stated tons per day?

The usage of the word "and" between 1,000 and 2,000 - will it be required to actually deliver 300 "AND" 400 tons of stone per day (totaling 3,000 tons per day)?

On: Jul 08 2020.

Government Response. . To clarify, 1,000 up to 2,000 tons of stone may be delivered per day. However, if the government Technical POC and contractor that receives the contract award agree that it will be acceptable then more tons per day than specified may be allowed. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691586 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Will the supplier be required to grade, blade, provide wooden truck mats, etc. to any part or portion of the access roads into the site / delivery location?

On: Jul 08 2020.

Government Response. . NO, USACE will have personnel & equipment on-site. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691588 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

The solicitation notes: "The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default- Fixed-Price Supply and Service clause in this contract."

Should the government delay the supplier/contractor from performing the delivery of the material, beyond the control and without the fault or negligence of the Contractor, will the supplier/contractor be compensated for this delay?

On: Jul 08 2020.

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Government Response. . The contractor won't be compensated or penalized for Government delays. On:

Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691591 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

The solicitation states: "The contractor shall provide on-site personnel at each location during the delivery process for quality control and coordination."

What level of quality control and coordination is requried? Will this person be required to have the USACE standard Contractor Quality Control Management certification.

On: Jul 08 2020.

Government Response. . The Quality Control POC shall: be onsite at the delivery location for each day of scheduled deliveries, communicate daily delivery information with the on-site Government Quality Assurance POC, be the primary POC for the USACE Technical POC assigned to the project, responsible for delivery load ticket management, and ensure deliveries are compliant with the contract specifications. A USACE standard Contractor Quality Control Management certification is not required. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691594 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please clarify if delivery will be allowed 12 hours per day, 7 days per week or not. Also, please clarify the hours per day for the 12 hours (6 AM to 6 PM, 7 AM to 7 PM, etc.).

On: Jul 08 2020.

Government Response. . The contractor shall quote a delivery schedule as a number of days after the notice to proceed is issued. Deliveries must begin within 10 calendar days of the notice to proceed. Upon approval of all post award submittals the contractor will have two business days to confirm/coordinate the delivery dates with the USACE Technical POC. The notice to proceed will not be issued until the delivery dates have been confirmed/coordinated with the Government Technical POC. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691597 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please clarify the "traffic control plan requirements".

On: Jul 08 2020.

Government Response. . Refer to U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM385-1-1, Section 08.C, Traffic Control. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691602 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

The solicitation states "The contractor shall deliver between 1,000 and 2,000 tons of stone per day."

Will liquidated damages be charged if the contractor/supplier only delivers 999 tons per day one day and 2,001 tons the next day (averages 1,000 tons per day)?

On: Jul 08 2020.

Government Response. . The contractor's delivery schedule should supply the required daily tons per day, in order to meet the SOW requirements. Contractor should meet the requirements by an approved delivery schedule. Under 1,000 tons, liquidated damages will be applied. If the quantity remaining on the final day of deliveries is less than 1,000 tons then liquidated damages will not be applicable for that day. If adverse weather (to be determined by the Government Technical POC) halts deliveries during a day(s) liquidated damages will not be applicable for the effected day(s). On: Jul 08 2020

Current Request Status: Request Closed

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Information for this report is procurement sensitive.

8691604 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

The solicitiation states: "The contractor will provide the government a schedule of delivery to site locations 2 weeks prior to commencement of work and will update the schedule every 2 weeks or as needed with adjustments to future schedule and displaying progress made. The contractor shall begin coordination with the COR and government personnel to discuss schedules and details of delivery a minimum of 2 weeks prior to beginning delivery."

When will the Notice to Proceed be issued? Upon contract award or after the schedule is agreed upon and materails are made commerically avaliable and ready for delivery?

On: Jul 08 2020.

Government Response. . The notice to proceed will be issued after award and upon approval of all post award submittals. All post award submittals will be required within 5 business days after award. Post award submittals will be reviewed by the government within approximately 5 days after submittal. The contractor will be notified when all post award submittals have been submitted and the contractor will have 2 business days to coordinate the actual delivery schedule with the Government technical POC. The Notice to Proceed will not be issued until the actual delivery schedule dates have been confirmed/coordinated with the Government technical point of contact. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691609 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

The solicitation states: "* Delivery shall be made to locations as specified in this solicitation."

Will over the road trucks be able to make delivery under thier own power to the delivery location? Or will the material be required to be delivered by other means to the locations as specified in the solicitation?

On: Jul 08 2020.

Government Response. . Yes, road trucks shall make deliveries under their own power. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691611 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Will this solicitation be awarded to the contractor with the lowest price or are there any other evaluation metrics that will be used to evaluate the quotes for an award? If so, please clarify.

On: Jul 08 2020.

Government Response. . Quotes will be evaluated in accordance with solicitation Provision 52.212-2, Evaluation - Commercial Items, located in section M of the solicitation. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691614 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Obviously, the usage of end dump over the road tractor-trailers for the delivery of material is very unsafe when dumping the load on an unstable or uneven surface. Please confirm that the government will provide both a stable and even surfaces for the dumping of the material. Should any trucks flip or turn over, obviously the government will be responsible for any and all costs associated.

On: Jul 08 2020.

Government Response. . Contractor assumes responsibility for safe delivery of material. If conditions at the delivery site exist that do not allow for the contractor to safely tail gate spread or belly dump the material then the contractor shall immediately halt delivery and notify the technical POC and the Contracting Office. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691615 Contracting N/A N/A N/A

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Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

The solicitation requires: "The Contractor shall strictly comply with the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1".

Will the contractor/supplier be required to have an SSHO onsite at all times during the supply? Can the SSHA perform roles as the CQCM also, or do these roles have to be performed by seperate people?

On: Jul 08 2020.

Government Response. . This is not a solicitation for a construction requirement. The resultant contract will be for supply & deliver only. An onsite Quality Control is required. An SSHO is not required. On: Jul 08

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691618 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Will a standard USACE project sign and saftey sign be required to be installed at the project site / delivery location?

On: Jul 08 2020.

Government Response. . No; however, contractor shall comply with the traffic control plan requirements.

On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691619 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Who will the TECHNICAL POINT OF CONTACT be for this project?

On: Jul 08 2020.

Government Response. . The technical point of contact will be provided in the resultant contract. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691620 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Will a standard USACE "Accident Prevention Plan" be required to be submitted for review and approval prior to being able to commence delivery?

On: Jul 08 2020.

Government Response. . No, an Accident Prevention Plan is not a submittal requirement. On: Jul 08

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691622 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Will a standard USACE "Environmental Prevention Plan" be required to be submitted for review and approval prior to being able to commence delivery?

On: Jul 08 2020.

Government Response. . No, an Environmental Prevention Plan is not a submittal requirement. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691626 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

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Will a standard USACE "Contractor Quality Control Plan" be required to be submitted for review and approval prior to being able to commence delivery?

On: Jul 08 2020.

Government Response. . No, a Contractor Quality Control Plan is not required. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691628 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please confirm that there is no requirement to have the scales located within a certain amount of miles to the delivery location if certified scale/weight measurement is used for measurement of materials for payment.

On: Jul 08 2020.

Government Response. . There is no requirement to have the scales located within a certain amount of miles to the delivery location if certified scale/weight measurement is used for measurement of materials for payment. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691630 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please clarify the date of the anticipated award.

On: Jul 08 2020.

Government Response. . The contract is anticipated to be awarded within approximately five business days of the solicitation offer due date. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691633 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please clarify the date of the anticipated Notice to Proceed.

On: Jul 08 2020.

Government Response. . The notice to proceed will be issued after all post award submittals are approved and the actual delivery dates have been coordinated. Post award submittals are required within 5 business days after contract award and will be reviewed within approximately 5 business days after being submitted to the Government. Please note the notice to proceed will not be issued until the actual delivery dates are scheduled between the contractor and the Government Technical POC. The contractor upon receiving approval for all of the post award submittal requirements will have two business days to confirm the delivery dates. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691634 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please clarify exactly what is required to be submitted with our quote? Are there any minimum requirements or page limitations, etc?

On: Jul 08 2020.

Government Response. . Refer to FAR Provision 52.212-1 located in section L of the solicitation for quote submittal instructions. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691636 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

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Would the government change the quantity and unit of measurement to tons in lieu of "job"?

On: Jul 08 2020.

Government Response. . No, the unit of measure for this will be job. Job is the appropriate unit of measure for a supply and delivery contract. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691637 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Will the contractor/supplier be required to have any equipment onsite at the delivery location?

On: Jul 08 2020.

Government Response. . No, contractor/supplier equipment will not be required onsite. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691639 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Will the contractor/supplier be required to meet all Davis Bacon wage requirements?

On: Jul 08 2020.

Government Response. . No, the Davis Bacon Act is not applicable to this requirement. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691640 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Are applicable taxes (sales, use, etc.) to be included in the contract price or will the government supply the contractor/supplier with the appropriate paperwork so that the materials can be sold tax-exempt?

On: Jul 08 2020.

Government Response. . It is the contractor's responsibility to determine their tax exemption status on projects. The Government will provide a Tax Exemption Certificate to the awardee. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691643 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Please identify the anticipated timeframe that the government will take in order to review and accept the contractor's traffic control plan for each delivery location. This timeframe will have to be backed out of the amount of actual time that is allowed for the contractor to make deliveries and complete the delivery order prior to the established deadline date.

On: Jul 08 2020.

Government Response. . The contractor's submittal of the traffic control plan is required 5 business days after contract award, and will be reviewed by the government within approximately 5 business days after submittal. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691644 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

What is the earliest date that the contractor can start delivering material?

On: Jul 08 2020.

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Government Response. . Contractor may begin delivery after the notice to proceed has been issued based on the approved delivery schedule to be referenced in the notice to proceed. Note: contractors shall quote the delivery schedule as a number of days after the notice to proceed has been issued, deliveries must begin within 10 calendar days of the notice to proceed being issued. Deliveries may be earlier than 10 calendar days after the notice to proceed has been issued if earlier dates are coordinated between the contractor and the Government Technical POC. On: Jul 08 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

8691646 Contracting N/A N/A N/A

Comment Classification: Unclassified\\For Official Use Only (U\\FOUO)

Will only limestone material be allowed (as noted in the solicitation) or will sandstone and/or granite be allowed?

On: Jul 08 2020.

Government Response. . Only the 610 limestone material will be allowed. On: Jul 09 2020

Current Request Status: Request Closed

Information for this report is procurement sensitive.

Report Complete

UNCLASSIFIED\\FOR OFFICIAL USE ONLY

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