Minutes ACN Pre Solicitation Conference 070621.pdf

MINUTES OF ACN OFFICE SPACE RENOVATIONS CONTRACT PRE-PROPOSAL

VIRTUAL CONFERENCE HOSTED BY THE US EMBASSY NAIROBI

Solicitation Number 19KE5021R0003

June 22, 2021 AT 10:30 AM

Embassy members present: Aisha O’Neal (Contracting Officer - CO); Eric Kamau (Contract

Specialist); Phillip Hayes (Senior Facility Manager - FM); Peter Ruheni (FM Engineer and

Contracting Officer Representative - COR); Vikas Saini (FM Engineer); Moses Mugo (FM

Engineer); Doreen Mayaka (FM Coordinator); Donna Wiss (Public Diplomacy Manager); Aaron

Luffman (IT Manager); Chris Odero (IT Specialist); George Munene (Architecture and

Engineering Consultant)

84 representatives (out of 98 companies that expressed interest) were present.

Introduction

• Vendors signed into the virtual WebEx meeting.

• The Contracting Specialist started the meeting by welcoming the offerors and introduced all Embassy attendees.

• The Contracting Specialist began with a few ground rules, indicated that all microphones have been muted, and all questions be posted in the chat box.

The Solicitation Process

• A pre-solicitation conference (Webex) was held for ACN Office Space Renovations

19KE5021R0003, E. Kamau provided the conference introduction. Also provided was an explanation of the purpose which was to ensure prospective offerors understood the significant solicitation requirements and provide instructions for official question submissions. Participants were informed all contractual written questions should be submitted to the CO in writing, at this email NairobiGSO-Contracts@state.gov by June

24, 2021 by 1600 and that responses pertaining to the contract will be disseminated to all offerors electronically along with the meeting minutes after official vetting.

• Kamau, E. requested all written correspondence include Solicitation Number

19KE5021R0003

• Kamau, E. reminded attendees of the proposal submission requirements to have one (1)

PDF copy submitted in a sealed envelope marked "Proposal Enclosed" to Contracting

Officer (Aisha O’Neal), U.S. Embassy Nairobi (Truck Transfer Area next to CAC 2) and one (1) PDF copy submitted to NairobiGSO-Contracts@state.gov on or before 4:00 p.m mailto:NairobiGSO-Contracts@state.gov mailto:NairobiGSO-Contracts@state.gov on July 12, 2021. Participants were reminded that no proposal will be accepted after this time.

• Kamau, E. instructed bidders to ensure they are fully registered in System for Award

Management (SAM).

• Kamau, E. provided the project overview, solicitation guidance, and a comprehensive review of the solicitation process. Specifically, he called attendees attention to the following sections of the solicitation document:

Section B - The Schedule

• Explained the Standard Form (SF) 1442 is used for organizing and issuing construction contracts (i.e., the solicitation, offer, and award). Participants were informed to fully complete blocks 14 through 20C of the SF-1442 and advised to review Section L of the solicitation document for further instructions.

• Provided discussion on Part 1 which entails: schedule; scope; period of performance;

pricing table; solicitation description; scope of work; delivery requirements; expectations;

and terms and conditions.

• Discussed the James Zadroga 9/11 Victims Health and Compensation Act of 2010 requirement that subjects payments to an excise tax of 2%.

• Encouraged attendees to read, understand, and familiarize themselves with Section B.1.1

Pricing Notes.

• Discussed Pricing Table Section B.1.2. Clarified the responsibility of the offeror to fully complete in accordance with (IAW) all information presented. Provided explanation of the nine elements (i.e., preliminaries, demolitions, partitions, windows, doors, finishes, joinery fixtures, internal electrical installations, and mechanical ventilation and fire suppression). Attendees were reminded to read and explicitly spell-out any itemized or detailed costs; proposed types of materials and proposed approved or equivalent products and supplies. Attendees were also encouraged to pay attention to description requirement that inform offerors of the differing levels of responsibility (i.e., supply and fix, install, test, commission and set to work).

• Addressed the VAT Act, 2013, 2nd Schedule, Part B ‘Zero Rates Supplies to Public

Bodies, Privileged persons and Institutions’, para (3). Informed vendors of their requirement to present invoices without a tax element, i.e., indicate 0% VAT on all invoices.

• Informed attendees the type of contract is firm, fixed-price and that no additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required.

Section C – Description/Specifications/Statement of Work

• Discussion of contractor requirement to furnish and install all materials required by the contract IAW Section C.1.

• Attendees were informed drawings will be availed along with conference minutes and questions and answers.

Section E - Contract Clauses

• Discussion regarding Quality Assurance & Surveillance Plan; Complaints & Procedures;

COR verification & Role

• Discussion on contract clauses

• SAM registration importance and instructions. Reminded participants of the annual requirement to re-register

• Discussion on monthly reporting requirements.

• Discussion on USG period inspects to ensure work is being performed to satisfactory manner.

• Discussion regarding substantial and final completion.

Section F – Deliverables or Performance

• Discussion on 52.211-10 contractor commencement requirements to commence within 14 days after notice to proceed.

• Discussion for contractor to complete the entire work ready for us not later than 14 weeks including final cleanup and punch list completion.

• Discussion on 52.211-12 liquidation of damages clause of $500 if the contractor fails to complete within the specified time.

• Discussion on the bond acceptance of schedule based on the fixed date. Any revision may only be revised through a written contract modification.

• Discussion on the notice of delay policy implementation if the contractor receives a notice of any change work the contractor believes may result in a late completion of the project. The contractor has the responsibility to notify the USG no more than 10-days after the first event giving rise to the delay or prospective delay.

• Discussion on notice to proceed policy which is to be affected after receiving and accepting any bonds or evidence of insurance IAW the confines of the contract.

• Discussion on acceptable working hours requirements. Any worked performed during the weekends are sanctioned through the COR.

• Presented all contract deliverables including the quantities, delivery dates and deliver to.

Section G – Contract Administration Data

• Provided explanation of COR designation and duties. COR is the Facility Projects

Engineer.

• Discussed payment procedures and invoice submission. All invoices and/or payment related questions are to be electronically directed to NairobiPayables@state.gov .

Section H – Special Contract Requirements

• Discussed the contract Safety and Health Requirements. Informed contractor of the requirement for primary and all subcontractors to comply with the latest edition of the

U.S. Army Corps of Engineers Safety and Health manual EM 385-1-1, or OSHA 29 CFR parts 1910 or 1926 if no EM 385-1-1 requirements are applicable, and the accepted contractor’s written safety program.

mailto:NairobiPayables@state.gov

• Discussed importation of materials and equipment requirements. The contractor is entitled to duty-free clearance and thereby excluded from paying customs duties for project related materials and supplies for which the USG has been able to obtain a customs waiver. The contractor is required to follow the instructions of the CO as to the manner of labeling the shipping containers or otherwise processing shipments of imported materials to obtain, or continue to receive, duty free clearance through customs.

• Discussed customs clearance requirements. USG will be responsible for obtaining customs clearances, and for obtaining exemption certificates or paying customs duties not waived, for imported products, materials and equipment which are labeled and processed in accordance with the CO’s instructions. USG shall not be responsible for obtaining customs clearance for the Contractor's tools, construction equipment or machinery, nor for obtaining visas, entry or work permits for the contractor's personnel.

Attachment #3 – Sample Letter of Bank Guaranty

• Contractor is required pursue and obtain a Performance and Guaranty from a bank

Attachment #4 – United States Department of State Breakdown of price by divisions of specifications

• Offers contractors a chart that may be used to breakdown price by divisions and specifications.

Attachment #5 – Concept and Drawings – Final Design Submission

• See attached files

Attachment #6 – Specifications – Final Design Submission

• See attached files

Attachment #7 – Green Screen Specifications

• Provides contractors the green screen specifications. The project specifies VCB Targa

Video Conferencing Screens or equivalent that meets or exceeds the prescribed specifications.

Section K – Representations, Certifications and other Statements of Offeror or Quoters

• Discussion of representations and certifications. Offerors were instructed to complete

Section K in its entirety.

Section L – Instructions, Conditions, and Notices to Offerors or Quoters

• Explanation of solicitation provisions and requirements – attendees were instructed not to simply use the boiler plate tender submissions. Provide responses to the solicitation provisions.

• Reminded offerors of the minimal technical and financial qualifications.

• Provided submittal requirements instructions; reminded to provide three volumes:

Volume I (1) PDF copy plus 1 (one) Executed Standard Form 1442, Solicitation, Offer and Award (Construction, Alteration, or Repair), and completed Section K; Volume II (1)

PDF copy plus 1 (one) Price Proposal and Completed Section B. The price proposal shall include a completed Section J, Attachment 4, “Breakdown of Proposal Price by Divisions of Specifications”; and (1) PDF copy plus 1 (one) Performance schedule in the form of a

“gantt chart” and Business Management/Technical Proposal.

• Reminded offerors to submit all proposals separately in a sealed envelope indicating

Solicitation Number 19KE5021R0003

• Discuss Section L.8 Magnitude of Construction Project anticipated range in price which will be between $250,000 and $500,000.

Section M- Evaluation Factors for Award

• Discussion of the evaluation criteria; reminded of the summary of instructions Section L;

the evaluation factors that will form part of the technical selection criteria.

• Discussion on award selection review. USG will review the prices of all technically acceptable firms and award the contract to the lowest priced, technically acceptable, responsible offeror without award discussion under FAR provision 52.215-1.

The FM team provided an explanation of project drawings and conducted a virtual walk-thru of the space. Attendees were informed they will be provided a copy of general project drawings that may only be used for the purposes of developing a quotation for this project.

The company that ultimately wins the contract award will be provided the entailed drawings necessary.

Next, Kamau, E. reminded attendees of the RFQ submission date. He discussed the importance of full adherence to the process.

O’Neal, A. thanked participants for attending.

The conference adjourned at 1257 hours.