Questions and Answers Set #2, Master Service Agreement (MSA) Invitation For Bid (IFB) Office Moving Services

Transcription

1 July 9, 2013 To: Subject: All Bidders Questions and Answers Set #2, Master Service Agreement (MSA) Invitation For Bid (IFB) Office Moving Services Q.1. A.1. Q.2. A.2. Q.3. A.3. Q.4. A.4. Q.5. A.5. I am missing my 2009 local business license, but have 2008, 2007, and before. Also have the current statement for the Secretary of California Corporations evidencing that I have been incorporated since I am a current MSA Office Moving Services vendor. Will this be sufficient evidence for the 5 year requirement? No. Please refer to IFB Section C, item 1(b), Bidder Minimum Qualifications. A copy of business licenses covering five (5) years must be submitted. The business licenses do not need to be for consecutive years. In the bidder minimum qualifications section 1e now states that the bidding firm must have a D34 license. However that license is only needed for installation work. If we do not currently have the license are we disqualified from bidding on this IFB? No. Please see the If we do not currently have a D34 License butu [sic] can prove that we are currently in the process of obtaining one, will that allow us to bid on this IFB? No. Bidders or the subcontractor performing the work must have an active D34 License prior to the bid submission deadline and a copy must be included in the bid package as required in IFB, Section C, Bid Requirements and Information. See the forthcoming If an employee has a D34 license, can the owner use that license for the MSA? Yes, if the licensed employee will be performing the work. Please refer to the last sentence in IFB Section C, item 1(e), Bidder Minimum Qualifications. See the Can a company use a subcontractors C-61-D34 lisence [sic]? Yes. For purposes of complying with the IFB requirements, DGS will accept the D34 license for the subcontractor performing the work. Per the IFB, subcontractor information, including applicable licenses, must be completed and submitted on Attachment 9, Bidder Declaration. In submitting bids, executing contracts and performing contract work, Bidders must also ensure they are in compliance with any and all applicable Contractors State License Board requirements and other applicable laws and regulations. Procurement Division State of California California Government Operations Agency 707 3rd Street, 2nd Floor, MS West Sacramento, CA t f

2 IFB , Questions and Answers Set # 2 Page 2 Q.6. A.6. Q.7. A.7. Q.8. A.8. The current MSA contracts for moving services specifically excludes the installation of modular furniture. Requiring a D34 license for this IFB# will greatly reduce the pool of qualified applicants and may result in higher prices for the ordering agencies. The processing time for a D34 license is about three months from the time of application. Will you consider issuing an award contingent on obtaining the D34 license before modular furniture work is perfomed [sic] under the MSA and approve regular office moving services as long as the PUC or MCP permits and other minimum requirements are met? No. Bidders or the subcontractor performing the work must have an active D34 license prior to the bid submission deadline and a copy must be included in the bid package as required in IFB, Section C, Bid Requirements and Information. See the forthcoming Kristine, is it possible to just submit rates for 1 or 2 districts? Yes. Please refer to Section C, item 3(e), Evaluation and Selection. With regard to the Bidder Minimum Qualifications C.1.e), must the D34 license be in the Bidder s name, or can this requirement be satisfied if the D34 is issued in the name of an employee of the Bidder? Can the Bidder meet this requirement through a subcontracting arrangement with a third-party holder of the D34 license who performs modular installation services under contract for the primary Bidder? Yes. Please refer to questions 4 and 5, and the corresponding answers. See the Q.9. I just read your amendment # 1 regarding a D-34 license, I do not have a D-34 license, but I have summited an application and I am waiting on a test date to get the license, as long as I have the license before the award date, can I still submit a Bid for IFB ? A.9. No. Bidders or the subcontractor performing the work must have an active D34 License prior to the bid submission deadline and a copy must be included in the bid package as required in IFB, Section C, Bid Requirements and Information. See the forthcoming Q.10. Regarding the D34 Prefabricated Equipment Contractor's License (a subcategory of the C61 Limited Specialty Contractor's License), required in IFB Section C.1.e; may this license be in the name of a proposed subcontractor to be utilized by bidder in the assembly and disassembly of freestanding and affixed modular office systems, so long as the subcontractor pays prevailing wages as required by the contract for the classifications provided? A.10. Yes. Please refer to questions 4 and 5, and the corresponding answers. See the Q.11. Page 11, ATTACHMENT 3, RATE SHEET, "Please note: Costs associated with moving supplies/materials,...". What if an agency requests 100 record storage cartons, a price is quoted and later requires additional cartons. Is the carrier supposed to supply the extra free of further cost? A.11. No, not necessarily. Details will be specified in the scope of work (SOW) provided during the RFO process. It is the Bidder s responsibility to respond appropriately to the RFO and understand the requirements in the SOW.

3 IFB , Questions and Answers Set # 2 Page 3 Q.12. Page 29, EXHIBIT A, SCOPE OF WORK, LOST TIME : What about carrier's lost time due to no state designated person available, for instance, to receive the state property at the designated delivery address. What about promised elevators that develop a malfunction, requiring using stairways? What about lockdowns at the prison facilities? There must be some avenue available for reasonable addenda to the service order and carrier billing. A.12. No, Contractors may not necessarily be unpaid for lost time. Details will be specified in the scope of work (SOW) provided during the RFO process. It is the Bidder s responsibility to respond appropriately to the RFO and understand the requirements in the SOW. Q.13. Regarding prevailing wages under the proposed MSA, it is my belief that prevailing wages apply only to bidder's personnel in classifications as designated in the proposal (Driver, Mover, Packer, Crater, Helper, Master Installer, Lead Installer, Installer I and Installer II). I believe that prevailing wages do not apply to office staff such as billing clerks and receptionists, nor warehouse workers and truck mechanics. Is my belief correct under the proposed MSA? If not, please provide law or legally binding precedent to to [sic] support DGS' denial. A.13. No. Awardees must adhere to the requirements of the IFB, resulting contracts and all applicable laws. There may be other requirements apart from this that Bidders businesses are subject. If Bidders have questions regarding laws or other requirements that may apply to their operations, Bidders are advised to consult their own legal counsel. Also refer to IFB Section C, item 1(f); Exhibit A, Scope of Work, item 13(n); and Exhibit E, Additional Provisions, item 2, Prevailing Wage. Q.14. I believe that prevailing wages must be paid only to bidder's personnel, in the designated classifications, actually engaged in providing services under the resulting MSA. Bidder's personnel in designated classifications not performing services under the MSA need not be paid the stated prevailing wages. Bidders may compensate such employees by other than "prevailing wages" for non-state work not covered by the MSA. Is my belief correct under the proposed MSA? Please support, as above, any DGS denial. A.14. No. Awardees must adhere to the requirements of the IFB, resulting contracts and all applicable laws. There may be other requirements apart from this that Bidders businesses are subject. If Bidders have questions regarding laws or other requirements that may apply to their operations, Bidders are advised to consult their own legal counsel. Also refer to IFB Section C, item 1(f); Exhibit A, Scope of Work, item 13(n); and Exhibit E, Additional Provisions, item 2, Prevailing Wage. Q.15. I believe that bidder's employees, in the designated classifications, that perform services under the MSA, shall be paid the prevailing wages as stated in the MSA only during the time actually spent performing the MSA services for the State. This is merely a further clarification of the immediately preceding question to cover the case where an employee performs a small MSA move of a few hours in the A.M., and some hours in the same day P.M. for a private entity. It is my belief that, after such employee "clocks out" on the State job, the State has no further business in determining the rate of pay applicable for that employee's hours in the afternoon performing non-state work any more [sic] than for an employee that never participates in any State MSA activity. Is my belief correct under the proposed MSA? Please support any denial. A.15. No. Awardees must adhere to the requirements of the IFB, resulting contracts and all applicable laws. There may be other requirements apart from this that Bidders

4 IFB , Questions and Answers Set # 2 Page 4 businesses are subject. If Bidders have questions regarding laws or other requirements that may apply to their operations, Bidders are advised to consult their own legal counsel. Also refer to IFB Section C, item 1(f); Exhibit A, Scope of Work, item 13(n); and Exhibit E, Additional Provisions, item 2, Prevailing Wage. Q.16. The MSA states: "Hourly rates subject to Prevailing Wages (PW) must be bid at or higher than current PW as set by DIR; bids not at PW or higher will be disqualified." Is not DGS going to make some provision to force bidders to submit pricing that includes Workers Compensation, as this is also a government mandated wage cost? If the intent of the prevailing wage laws are to "level the playing field" for all bidders by forcing, I believe, artificially high union wages (Teamsters for movers and Carpenters for modular furniture assembly/disassembly), should not DGS enforce wage laws that apply to all bidders, union or non-union? A.16. Yes, Workers Compensation is a requirement of this IFB. Please see Exhibit A, Scope of Work; Exhibit D, Special Terms and Conditions, item 7, Insurance Requirements; Exhibit E, Additional Provisions, item 2, Prevailing Wage; Attachment 6, Contractor Certification Clauses; and IFB Section C, item 1(d), Bidder Minimum Qualifications. Q.17. The MSA states that the bid rates shall be at or above PW. It will surprise no-one that the bids shall be quite close to prevailing wages, at least in the district that includes Sacramento. The MSA states: "The rates bid will be the maximum rates paid for the term of the MSA." Does DGS intend to allow agencies to accept rate quotes below prevailing wages during the Request for Offer process, or shall the agencies also have to respect the concept of prevailing wages in evaluating offers? A.17. No, ordering agencies may not accept wages lower than prevailing wage rates. Please see Attachment 3, Rate Sheet, first paragraph regarding items that shall be included in each hourly rate. Q.18. Once the MSA and subsequent RFO process has been completed for a particular move, the successful contract awardee is chosen based upon the lowest "not to exceed cost". Since the details of the move are clearly defined, number of men, classifications, hours utilized, packing materials, etc., why not issue a "lump sum" contract. If the successful lowest bidder completes the relocation in less time than contemplated in the bid, bidder earns additional profit; more time than expected equates to less or no profit or a loss. The way DGS administers the MSA, the low bidder is penalized if it takes longer than expected under a "not to exceed" contract just as in the "lump sum" contract; however, the bidder is not awarded additional profit if it takes less time than bid since bidder can only charge for the lesser number of hours actually expended on the move. In fact, contractor is penalized due to less chargeable hours producing profit and possible wage issues such as a guaranteed 8 hour work day for employees and billable hours of 7 1/2 due to faster than bid completion (all at the artificially high prevailing wages demanded for work performed but not billable). Would DGS care to comment on this issue? A.18. No, not necessarily. Details will be specified in the scope of work (SOW) provided during the RFO process. It is the Bidder s responsibility to respond appropriately to the RFO and understand the requirements in the SOW.

5 IFB , Questions and Answers Set # 2 Page 5 Q.19. Agencies that perform numerous office relocations, upon short notice and with unknown advance move parameters, arrange for annual contracts. How does DGS advise agencies use the MSA for obtaining services under these conditions? A.19. A Standard Agreement (Std. 213) will be used as the Ordering Agency contract. Ordering Agencies can use the MSA to establish blanket agreements to be utilized on an as-needed basis. Please see Exhibit A, Scope of Work, item 17, Ordering Agency Responsibilities. Q.20. The IFB (page 11 of 48) states: Hourly rate subject to Prevailing Wage (PW) must be bid at or higher than current PW as set by DIR; bids not at PW or higher will be disqualified [sic]. The hourly rates in the resulting MSA may increase by the amount DIR increases the PW rates, if any." Should the bidders use the current rate, which expires 30 June 2013 or the ** ("Predetermined Increases") rates which run through 30 June 2015 [for the "MODULAR ASSEMBLY/DISASSEMBLE SERVICES" RATE SHEET" hourly service charge rate(s)] for the (4) installer classifications? If the cuurrent [sic] rates are to be referenced, should the sentence (found in the same IFB paragraph read: "The hourly rates in the resulting MSA may increase by the amount (% of increase) by which the DIR increases said PW rates." A.20. No, PW rates must be bid at, or higher than, the rates set by DIR at the time the bid is due. For more information, please refer to IFB section A.3.b., C.3.e., Attachment 10, Exhibit A, Scope of Work, items 4.c. and 14.c. Q.21. The RFI, released on March 6, 2013, included a "MILEAGE" category ("C") based on a Mileage Range." The given rate sheets for the several IFB "Districts" do not include a MILEAGE rate category yet page 32 of 48, item 6. d., reads: "For linehaul moves, cargo van or delivery vehicles shall be weighed before and after loading... There shall be no separate or extra charges allowed for moves which require weight tickets." The State Administrative Manual (SAM), section 3801, defines "linehaul" as an "Intercity move in excess of 50 miles." 3810 (Commercial Transportation for Office and Institution Moves) refers to weight and distance linehaul rates. These "linehaul" moves use "weight & distance" rate schedules (such as Item 310 of the State's MAX 4 rate tariff) for application of such charges. The actual cost of obtaining original weight tickets are born by the contractor. Please advise further." A.21. In response to your comment, line haul move services will be detailed in the SOW as part of an RFO process conducted by the ordering agency. The costs bid on Attachment 3, Rate Sheet, shall be in effect. Q.22. The prior MSA allowed the state agencies to select a vendor with out [sic] a RFO to ALL vendors, if it was less then [sic] $5,000. Is this provision still applicable." A.22. No. If agencies use the MSA to contract for services, they must conduct an RFO in accordance with the MSA requirements, regardless of the dollar amount being contracted. However, this is a non-mandatory contract so Ordering Agencies may be able to obtain services through other procurement methods. Q.23. Our Subcontractor possesses the D34 license for modular work. When submitting the bid, the license will bear the name of the subcontractor. Is this sufficient? or [sic] does the primary contractor have to have the license? If the subcontractors license alone is sufficient, do you require copies of requested attachments and appendixes in the name of the subcontractor?"

6 IFB , Questions and Answers Set # 2 Page 6 A.23. Yes. Please refer to the last sentence in IFB Section C, item 1(e), Bidder Minimum Qualifications; Exhibit A, Scope of Work, item 16; Exhibit D, Special Terms and Conditions, items 5 and 7; and Exhibit E, Additional Provisions, item 2. See the Q.24. Are you sure you want to insist movers have a D34 license." A.24. Yes. See the Q.25. The Max 4 tariff is not referenced in the bid. Has this tariff been removed from the process and pricing completely? A.25. Yes. The California Public Utilities Commission Maximum Rate Tariff 4 is used for the transportation of household goods and personal effects over the public highways within the State of California. This IFB is for office moving services only. Q.26. On the SOS certificate requirement: will a Certificate of Status from the Secretary of State dated this year (1/14/13) and a screen shot of current status fulfill that requirement?" A.26. Yes, if the status is positive and verified by the State of California. Q.27. Section C.1.e states, Bidder must provide a copy of the D34, Prefabricated Equipment Contractor license." To our knowledge, most moving companies in Southern California, including our company, do not possess a D34 Contractor license. May we submit our subcontractor's D34 Contractor license in lieu of our own? A.27. Yes. Please refer to the last sentence in IFB Section C, item 1(e), Bidder Minimum Qualifications; Exhibit A, Scope of Work, item 16; Exhibit D, Special Terms and Conditions, items 5 and 7; and Exhibit E, Additional Provisions, item 2. See the Q.28. If our subcontractor does not currently possess a D34 Contractor license, but is in the process of obtaining one, may we still submit a bid? " A.28. No. Bidders must have an active D34 License prior to the bid submission deadline and a copy must be included in the bid package as required in IFB, Section C, Bid Requirements and Information. See the Q.29. In newly added section C.1.e (Appendix 4) it states, the Bidder must provide a copy of the D34, Prefabricated Equipment Contractor license Is subcontracting allowed to fulfill this requirement and the subcontractor s license provided?" A.29. Yes. Please refer to the last sentence in IFB Section C, item 1(e), Bidder Minimum Qualifications; Exhibit A, Scope of Work, item 16; Exhibit D, Special Terms and Conditions, items 5 and 7; and Exhibit E, Additional Provisions, item 2. See the Q.30. Assembly Bill No modified " the definition of installation to include the assembly and disassembly of freestanding and affixed modular office systems." as public works. Please cite the AB 1598 or Public Works regulation that requires DGS to specify a D34 Prefabricated Equipment Contractor's License, issued by

7 IFB , Questions and Answers Set # 2 Page 7 the State Contractors Licensing Board, when obtaining office moving services that may include freestanding modular office systems. Please cite the AB 1598 or Public Works regulation that precludes DGS from obtaining office moving services, that may include freestanding modular office systems, utilizing a contractor having a Household Goods Carrier's Permit issued by the California Public Utilities Commission. Please cite any law or regulation that precludes a household goods carrier from providing office moving services, to State or non-state entities, that may include freestanding modular office systems. Please cite any law or regulation that requires the State Contractors Licensing Board to have any direct involvement or jurisdiction over public works projects (in this case, assembly/disassembly of modular office systems). Business and Professions Code section 7059 states that the agency awarding the contract has the authority to select the classifications to be utilized in the project. Please cite any law or regulation affected by AB 1598 that now requires DGS to specify "Installers" and "D34 licenses" when assembling/disassembling modular office systems as a part of obtaining office moving services. Prevailing wages are required under both public works projects and Government Code Section office moving projects. DGS has the authority to specify the classification of workers to be used as the basis for prevailing wages. Prevailing wages are the "minimum" wages that must be paid by the contractors under the MSA. There is no law or regulation disallowing either movers or installers from performing the office moving services contemplated under the MSA (movers may perform assembly/disassembly of freestanding modular office systems; installers may move non-modular office furnishings, computers, file cabinets, etc.). Please cite any law or regulation that states that a mover/contractor performing office relocations that include modular office systems assembly/disassembly must pay such employees the higher installer wages as the minimum wage. Please cite any law or regulation that states that an installer/contractor performing office relocations that include work other than assembly/disassembly of modular office furniture cannot pay, as minimum, the lower mover wages as prevailing wages allowed in the MSA. A.30. In response to your comment, please refer to IFB Section A, item 3 in the forthcoming