Minutes_pre_proposal_conference.pdf

Embassy of the United States of America Warsaw, Poland

May 11, 2023

MINUTES FROM PRE-PROPOSAL CONFERENCE

MAKE READY SOLICITATION 19PL9023R0001

May 11, 2023, 13:00 p.m.

Introduction:

The conference took place on May 11, 2023 at 13:00 pm local time.

The Contracting Officer, Joseph A. Scott, welcomed representatives of twelve firms and introduced Embassy staff participating in this meeting:

Malgorzata Rosinska-Porczyk – Contracting Officer and Procurement Supervisor (General Services Office) Joanna Kowalczuk – Purchasing Agent (General Services Office) Doug Barnes – Facility Manager (General Services Office) Andrzej Modelewski – Maintenance Supervisor (General Services Office) Piotr Gawin – Maintenance Supervisor Assistant (General Services Office) Iwona Kosowska – Housing Inspector (General Services Office) Tomasz Jaznicki – Housing Inspector General Services Office

Discussion of the Solicitation Package:

At the beginning of the conference, attendees were informed that statements made at the conference do NOT change the solicitation. Any changes will be made by written amendment to the solicitation if there is a need to do so.

The Contracting Officer (CO) briefly explained the purpose of the conference and informed attendees that all complex questions would have to be submitted in writing and would be answered subsequently.

It was also indicated that all questions, answers, and amendments, if any, will be posted on the System for Award Management (SAM) website, so they are available to all.

The CO indicated that the solicitation and prospective contract is subject to United States Government law, Federal Acquisition Regulations (FAR), and Department of State Acquisition Regulations (DOSAR). No local agreement will be signed with the winning offeror (s).

The following issues were addressed:

Type of the contract: The Government intends to award a fixed-price, Indefinite Delivery Indefinite Quantity (IDIQ) contract to one or multiple companies at the end of this solicitation. The contractors shall perform work upon receipt of funded task orders issued by the Contracting Officer.

Period of Performance: The contract is for one base year with four optional renewal years. The total duration of this contract shall not exceed 5 years.

Defense Base Act Requirements: The CO explained that U.S. Government contracts in Poland are subject to the Defense Base Act (DBA). Its purpose is to provide compensation for injury, disability, or death to contracted employees working under this contract. It must be purchased in addition to any mandatory insurance required by local labor law. DBA insurance costs must be determined by the offerors and they should be included in the quote under Section B. The Government shall reimburse the cost based on provided receipts.

James Zadroga 9/11 Victims Health And Compensation Act Of 2010 Notice: The CO explained to the offerors the requirement to submit the IRS W-14 Certificate along with their offer to request exemption and seek relief from 2% deduction on payments.

Poland is a member of WTO GPA agreement and any services performed under this contract will be provided in Poland. As such, any contracting activity falling under Zadroga Act (IRS Section 5000C) may be exempt upon submission of the relevant certificate.

Trafficking in Persons: The CO mentioned the Combating Trafficking in Persons clause and stated that the United States Government holds a zero-tolerance policy on trafficking in persons issues and it is the contractor’s responsibility to make sure their employees do not engage in such activities.

Compliance with this policy will be strictly monitored by the Government during the course of this contract.

System for Award Management (SAM): All contractors are required to obtain an Entity number and NCAGE number and successfully register in the System for Award Management at www.sam.gov. The registration is free of charge and its proof must be submitted along with the offer.

Representations and Certifications. The CO emphasized importance of representations and certifications under this solicitation. He stated that the offer would not be even considered without them. Section K including NDAA certification on prohibition on contracting with entities using certain telecommunications and video surveillance service or equipment is crucial for national security and it is mandatory under all U.S. Government contracts so the offerors must comply with this requirement.

Statement of Work (SOW): The Maintenance Supervisor and Housing Inspectors went through all details provided under the SOW. They summarized the Government requirements for quality work and use of materials in accordance with provided specifications. They described the inspection process and procedures to be documented on the checklist sheets/ reports provided in Exhibit 3. All ambiguities have been discussed and clarified. Minor additions to the scope of work will be included in the Amendment.

At the end of the conference the Contracting Officer reminded attendees that the deadline for submission of offers is May 31, 2023 at 16:00 local time and no offers shall be accepted after this time.

Instructions are found in Section L and criteria for evaluation are stated in Section M.

Questions:

The attached questions were asked during the conference.

Conclusion:

The conference concluded and attendees were thanked for their presence and expression of interest in serving the U.S. Government. The meeting was adjourned.

Joseph A. Scott Contracting Officer

Enclosure: Questions and Answers http://www.sam.gov/

Questions and Answers

Q.1. Could the invoices, issued by Polish companies, be paid in U.S. dollars?

A.1. Section B, paragraph B.3.2 states that only U.S. firms are eligible to be paid in U.S. dollars. Local firms shall submit their invoices in local currency and shall be paid in local currency.

Q.2. May we obtain VAT exemption for materials imported from the U.S. under this contract?

A.2. Based on the international agreement between the US Government and Polish Government and local regulations, the exemption from VAT is only possible for the Embassy as a Diplomatic Mission.

To obtain VAT exemption, goods would have to be transferred over to the Embassy and would become property of the U.S. Government. The invoice and all transport documents would have to be issued for the American Embassy.

Q.3. Please provide a list of US insurance companies for the DBA Insurance arrangement.

A.3. As stated in the first paragraph, Section L. the offeror may obtain DBA insurance directly from any Department of Labor approved providers. The list of providers is available on website:

http://www.dol.gov/owcp/dlhwc/lscarrier.htm Information regarding DBA Insurance information is available at: https://www.dol.gov/owcp/dlhwc/lsdba.htm The insurance policy is issued directly to a particular company, so the company must contact the insurer himself and provide all required data necessary to receive such a policy.

Q.4. May we change prices based on inflation factor?

A.4. No, this is a fixed-price contract. Please refer to Section I. FAR clause 52.232-5 Payments under Fixed Price Construction Contracts. As stated in Section B, all rates/prices provided in the pricing tables are fully loaded, all-inclusive. After the contract is signed, no changes in price are authorized, as this contract is not a subject to any economic price adjustment.

Q.5. What are insurance requirements under this contract?

A.5. Please refer to Section H paragraph H.4. Insurance and Section I, FAR 52.228-3 Workers’ Compensation Insurance (Defense Base Act). The Contractor is required to provide general liability insurance, mandatory local insurance, and DBA insurance, as described in the referenced sections and clauses.

Q.6. How to fill and where to submit the IRS W-14 Certificate?

A.6. The offerors shall submit IRS W-14 certificate along with their offers, as instructed in Section L paragraph L.4.2, volume 2. Please do not send the form to IRS.

The relevant Parts (I, III and IV) of W-14 must be filled in. The form and detailed instructions are available under https://www.irs.gov/forms-pubs/about-form-w-14. Poland is a member of World Trade Organization Government Procurement Agreement (WTO GPA), and as such any contracting activity falling under Zadroga Act may seek exemption from 2% deductions from payments.

Q.7. Please clarify Completion Date under B.4.4.

A.7. Completion date on the individual task order shall be seven (7) calendar days upon receipt of a task order. See Amendment A0001.

http://www.dol.gov/owcp/dlhwc/lscarrier.htm https://www.dol.gov/owcp/dlhwc/lsdba.htm https://www.irs.gov/forms-pubs/about-form-w-14