FY23 Turkey JOC PPC Slides_FINAL 18OCT2022.pdf

PRE-PROPOSAL CONFERENCE

FY23 TURKEY JOC

W912GB22R0004

Presented by:

U.S. Army Corps of Engineers Europe District 19 October 2022

Ankara, Turkey

1. Mute/silence phone

2. Avoid sidebar discussions

3. No technical discussion will be held in this forum

GROUND RULES AND PROCEDURES

AGENDA

Welcome / Introductory Remarks About the U.S. Army Corps of Engineers (USACE) and Europe District Job Order Contracts & Potential JOC Projects in Turkey USACE Requirements Doing Business with the USACE: Part 1 Systems and Registrations

Doing Business with the USACE: Part 2 Source Selection

FY23 Turkey JOC Solicitation U.S. Procurement Law & Overseas Contracting Q&A Session / Closing Remarks

Information Provided During the Pre-proposal Conference

Any remarks or explanations provided during this presentation today are for general information and will not change the terms and conditions of any resultant solicitation or subsequent contract.

DISCLAIMER

U.S. Army Corps of Engineers

Mission: USACE provides vital engineering solutions, in collaboration with our partners, to secure our Nation, energize the economy, and reduce risks of disasters.

EUROPE DISTRICT - TUSEG OFFICE

The U.S. Army Corps of Engineers has been working in Turkey since 1950. The United States Engineer Group, or TUSEG, was formed with it’s first office located in Ankara. Later, in 1976, the then-Europe Division, now-Europe District took responsibility for construction work in Turkey for U.S. Forces (Air Force, Army, etc). In 1979, the TUSEG resident office was formed and staffed, and relocated to Incirlik Air Base. The office has a rich history of delivering military construction projects throughout Turkey with the support of local contactors.

JOB ORDER CONTRACT (JOC)

• Occasionally referred to as a Single Award Task Order Contract

(SATOC)

• One indefinite-delivery, indefinite-quantity Contract Award

• Types of Work:

Sustainment, Restoration and Modernization (SRM) type of projects

• Task orders priced using a unit price book (UPB)

• Step 1 – Select JOC contractor

• Step 2 – Individual task orders negotiated with a single JOC contractor

JOB ORDER CONTRACT (JOC) OVERVIEW

• Reduces procurement lead times

• Fast and timely delivery of projects

• Low overhead cost of construction, procurement and delivery

• Transparency with itemized unit pricing

• Reduced number/ elimination of change orders

• Standard pricing and specification utilizing a published unit price book (UPB)

• Low risk to the Government

JOC ADVANTAGES

JOC cannot be used for:

• AE requirements

• Design-Build

• Interactive design/ specifications

• Services Contract

• Janitorial, landscaping, pest control

• Recurring work or maintenance

• Projects valued at $2,500 or less

• Greater than 10% NPP

JOC LIMITATIONS

• TASK ORDER LIMITATIONS:

The Minimum Task Order $2,500 and the Maximum

Task Order is limited to $5,000,000 (Amendment 001) 2,500,000. However, smaller and larger dollar value projects may be considered at the discretion of the Contracting Officer.

• PROJECT LOCATIONS:

The geographical area covered by this contract includes work in Turkey primarily at Incirlik Air Base with additional work in Ankara and Malatya in direct support of the US Government, US Department of Defense, DoD Education Activity Schools, and other US facilities located throughout Turkey.

TURKEY JOB ORDER CONTRACT

• Unit Price Book (UPB): The UPB titled “2021 Germany UPB Update – Euro Based” is to be used in the pricing and execution of work.

• Non Pre-Priced (NPP): Items not covered in the UPB, but within the Scope of the Contract are considered NPP. NPP items shall be negotiated quantities based on actual quotes that are incorporated into Task Orders. (No more than 10% of total task order value).

• COEFFICIENT: Contractor proposed, numerical factor that represents contractor costs direct and indirect not considered to be included in the UPB.

PRICING

UNIT PRICE BOOK (UPB)

• A compilation of real property repair, maintenance, minor construction related tasks, etc.

• Integral part of contract.

• Thousands of items.

• Sections by trade.

• Each item has item number, description, unit cost & unit of measure.

• All UPB costs and their respective coefficients are established at the award of contract.

SAMPLE TASK ORDER

The Sample Task Order is intended to be used as an EXAMPLE ONLY, unit costs and coefficients are not actual prices.

SAMPLE TASK ORDER

PARKING APRON DEMOLITION & REPAIR (Sample) Book Item Description Unit Unit

Quantity Unit Total

Measure Cost

(1) (2) (3) (4) (5) (6) X.X.X Break up and remove road surface and cutting M3 7.8 € 230.00 € 1,794.00

X.X.X Base Course w/compacting M3 6 € 150.00 € 900.00 X.X.X Welded wire KG 15 € 2.30 € 34.50 X.X.X Exposed Aggregate 6cm thick slab, gravel concrete (furnish & install) M3 1.8 € 47.90 € 86.22

Total Direct Cost € 2,814.72 Coefficient * 1.45 Total Price Of Normal Hour Work € 4,081.34

* Contractor awarded coefficient 1.45 for normal working hours.

NPP Item Description Unit Measure

Unit Quantity

Unit Price Total

Reflective Tape LS 1 €150.00 € 150.00 Bidding Schedule Line Item Coefficient * 1.50 Total Price of NPP € 225.00

Task Order Normal Work Hours € 4,081.34

NPP €225.00

Total Price of Task Order €4,306.34

The Sample Task Order illustrated is intended to be used as an EXAMPLE ONLY, prices and coefficients are not actual prices.

Ref: RFP Section 00 73 00 Supplementary Conditions

SAMPLE TASK ORDER PROPOSAL - EURO JOC

Note: Task Order Proposals may be generated using EURO JOC and will be negotiated in Euros (paid in USD).

Note: Task Order Proposals may be generated using EURO JOC and will be negotiated in Euros (paid in USD).

1. Project Identification

2. Joint Site Visit & Scoping

3. Solicitation Issued

4. Contractor Prepares Cost Estimate/Proposal via the EURO JOC software

5. USACE Reviews Proposal

6. Negotiate (as necessary)

7. Finalize Pricing (as necessary)

8. Contracting Officer issues Task Order (DD

1155)

9. Project Execution (Construction) – USACE

Oversight

10. Task Order Close-out

JOC TASK ORDER PROCESS OVERVIEW

POTENTIAL JOC PROGRAM IN TURKEY IN FY23

Project Location

Project Name Stakeholder Magnitude

Ankara Replace Windows DoDEA $1M - $5M

Ankara Replace Sewer DoDEA $1M - $5M

Site K Fence Project Army $250K - $500K

Incirlik Various Air Force $ TBD

DOING BUSINESS WITH THE

U.S. ARMY CORPS OF

ENGINEERS: PART 1

• General Information: Registrations & ID Numbers

• Unique Entity ID

• Cage / NCAGE Code

• SAM Registration

OVERVIEW

REGISTRATIONS & IDENTIFICATION NUMBERS

System Description Website General Timeline

Unique Entity Identifier (UEI)

Unique nine-digit identification number for each physical location of your business https://www.sam.gov/ 7-10 business days

CAGE /

NCAGE

Commercial and Government Entity (CAGE) Code

NATO Commercial and Government Entity (NCAGE) Code https://cage.dla.mil/Ho me/UsageAgree https://eportal.nspa.na to.int/AC135Public/def ault.aspx

7-10 business days

SAM System for Award Management (SAM) is a registration database required for all US Federal Government Contracts and where you will find opportunities.

https://www.sam.gov/ 2 weeks to go active

What is Unique Entity Identifier (UEI) It’s a unique identification number that identifies your entity registration in SAM.gov and used in other federal award systems (FPDS, FSRS, eSRS, FAPIIS, CPARS) DUNS to Unique Entity ID (transitioned APR ‘22) DUNS no longer valid.

How does my firm obtain a UEI? Go to sam.gov obtain a UEI at no cost.

UNIQUE ENTITY IDENTIFIER

The CAGE or NCAGE code is a required piece of data for registering in the System for Award Management (SAM).

• What is a CAGE Code? The Commercial and Government Entity (CAGE) Code is a unique identifier assigned to suppliers to various government or defense agencies, as well as to government agencies themselves and also various organizations.

• How does your company obtain a CAGE Code? If you are a vendor located inside the United States, one can be obtained by visiting: https://cage.dla.mil/

• What is an NCAGE Code? The NATO Codification System (NCS) was established in 1954. In order to differentiate between the U.S. and NATO systems, CAGE was referred to as NATO COMMERCIAL and GOVERNMENTAL ENTITY CODE (NCAGE) in the NCS community.

• How does your company obtain an NCAGE Code? If you are a vendor located outside the United States, one can be obtained by visiting https://eportal.nspa.nato.int/AC135Public/default.aspx

CAGE AND NCAGE CODE

REQUEST NCAGE:

https://eportal.nspa.nato.int/AC135Public/CageTool

NATO Support Agency (NSPA):

https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

NCAGE PORTAL

• Provisions/clauses require all contractors to register and maintain an active SAM entity registration in order to be eligible for contract awards, as prescribed by the regulation at FAR Subpart 4.11.

Solicitations Provision: FAR 52.204-7 SAM or FAR 52.212-1 Instructions to Offerors--Commercial Items Contract Clause: FAR 52.204-13 SAM Maintenance or 52.212-4 Contract Terms and Conditions--

Commercial Items.

• Contractors are required to update SAM registration ANNUALLY.

• In order to eligible for contract award, Offerors are advised to take immediate action to ensure your SAM entity registration is current and/or will be current at the time of proposal receipt by this contracting office.

SYSTEM FOR AWARD MANAGEMENT

SAM REGISTRATION

DOING BUSINESS WITH THE

U.S. ARMY CORPS OF

ENGINEERS: PART 2

• Source Selection Process

• Understanding the Solicitation

• Preparing your Proposal

DOING BUSINESS WITH THE U.S. ARMY CORPS OF

ENGINEERS PART 2: OVERVIEW

Develop Requirement & Conduct Market Research Develop Acquisition Strategy/Plan Government Issues Solicitation (via sam.gov) – 22SEP2022

Pre-proposal conferences/Site Visits may be held Offerors submit questions and Government may amend solicitation

Offerors Submit Proposals Government Evaluates Proposals If Necessary, Establish Competitive Range, Hold Discussions, &

Request & Receive Final Proposal Revisions Evaluate Final Proposals & Make Source Selection Decision Contract Award Debriefings, as requested

SOURCE SELECTION PROCESS OVERVIEW

• The typical Request for Proposal (RFP) is a significantly long document that reads like a legal text, and has very specific requirements. Make sure you thoroughly read and understand the proposal submission requirements and process.

• You may be disqualified for submitting a proposal that does not meet all of the requirements.

• Offerors are advised to provide their BEST PROPOSAL in the first submission.

UNDERSTANDING THE SOLICITATION PACKAGE

AND PREPARING THE PROPOSAL

FY23 TURKEY JOC

W912GB22R0004

Offerors shall submit inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet. See the solicitation for ProjNet registration instructions.

Bidder Inquiry Key:

DZK9WJ-T6E2HE

Bidder Inquiries will be closed to new inquiries SEVEN calendar days before the proposal due date in order to appropriately respond and amend the solicitation, if necessary.

PRE-PROPOSAL INQUIRIES VIA PROJNET

Ref: RFP Section 00 21 00 – Instructions to Offerors

Select USACE

Enter Email

• Task Orders

– Minimum Task Order $2,500.00

– Maximum Task Order is limited to $5,000,000 (Amendment

001) 2,500,000.00. However, smaller and larger dollar value projects may be considered at the discretion of the Contracting Officer

• Total maximum ordering value $30,000,000 over five

(5) Years

– Base Ordering Period: Five (5) Years (Amend 001)

W912GB22R0004 FY23 TURKEY JOC

• Electronic Proposals. In an effort to reduce paperwork and costs, all responses to this announcement shall be submitted electronically. Hand carried delivery or USPS/UPS/Fedex delivery of hard copies and/or CD-ROMs are not authorized. Facsimile submission is not authorized.

• Electronic submissions shall be via DoD SAFE Drop-Off at https://safe.apps.mil/. Offerors will need to “Request a Drop-off” and obtain a “Request Code” from the Contract Specialist in order to submit proposals.

• File Name. Each filename shall begin with the solicitation number, followed by the word “RESPONSE”, followed by your firm’s name, and finally a brief file description. EXAMPLES:

(1) “W912GB22R0004 RESPONSE Firmname Volume I.pdf”

(2) “W912GB22R0004 RESPONSE Firmname Volume I Part 1.pdf”

(3) “W912GB22R0004 RESPONSE Firmname Volume I Part 2.pdf”

(4) “W912GB22R0004 RESPONSE Firmname Volume II.pdf”

GENERAL SUBMISSION INFORMATION

Reference Section 00 21 00 Instructions to Offerors

File Organization, Formatting, and other instructions.

Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be no smaller than 12-point font.

Pages shall be letter sized-larger page sizes (such as 11x17 foldouts, etc.)

will be counted as two pages.

Offerors shall prepare proposals in the English language.

Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors.

Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented.

Files shall be submitted in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text.

GENERAL SUBMISSION INFORMATION (CONT)

Submission & Deadline.

Interested parties shall submit responses no later than the date specified on solicitation document.

The time and date of proposal receipt will be the upload completion/ delivery time & date on the Government’s server.

Do not assume that electronic submission will occur instantaneously. Offerors should time their proposal submission with prudence by not waiting until the last day—this will allow for unexpected delays in the transmittal process and troubleshooting.

GENERAL SUBMISSION INFORMATION (CONT)

Volume I: Factor I – Past Performance. Offerors shall submit a maximum of five (5) projects meeting the recency and relevancy definitions.

Volume I: Factor II - Management and Technical Approach.

- Provide an Organization Chart depicting the planned organization structure for successful execution of the contract.

- Provide a narrative that describes the Offeror’s proposed management and technical approach for executing the contract per the detailed requirements herein.

- Only the first 20 pages will be read and evaluated.

PROPOSAL FORMAT

Volume II: Section A – Cover Letter and Joint Venture Agreements or Commitment Letters (if applicable)

Volume II: Section B – Standard Form 1442

- Offerors shall submit a completed Standard Form (SF) 1442. If applicable, Offerors shall also submit a completed SF 30 for each solicitation amendment acknowledging all the amendments Volume II: Section C – Price Schedule Volume II: Section D - Proof of Financial Ability (Bank Letter of Assurance (BLA) or a Bid Guarantee) Volume II: Section E – Financial Capability

- Submit Proof of Financial Ability (Most recent financial statement covering assets and liabilities). Include the name, address and telephone number of offeror’s banking institution.

PROPOSAL FORMAT

Trade-off Process (FAR 15.101-1) In the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror. Factors include:

Non-Price Factors:

Factor 1 – Past Performance Factor 2 – Management and Technical Approach Price Factor Factor 3 – Price

Relative Importance of the Evaluation Factors.

Factor 1 (Past Performance) is more important than Factor 2 (Management and Technical Approach).

All non-price factors (Factors 1-2), when combined, are considered approximately equal to price (Factor 3).

SOURCE SELECTION APPROACH

Ref: Section 00 22 00 – Evaluation Factors

Offerors may submit a maximum of five (5) projects meeting the following definition for recent and relevant projects. For Factor 1 evaluation purposes, the definition of a recent and relevant contract must meet the following conditions:

Recency: Projects submitted should be completed or substantially completed no more than six

(6) years before the solicitation issue date and fundamentally for building renovations, repairs to roofs; repair/replacement of major building systems such as electrical, mechanical, HVAC, Civil work including concrete/asphalt roads and pavements, earthwork, or drainage structures; or environmental work such as abatement and disposal. Projects are considered substantially complete at 75% completion.

Relevancy. Refer to the Past Performance Relevancy Ratings Table under Section 00 22 00 Evaluation Factors.

RECENT AND RELEVANT CONTRACTS

The SST will evaluate Offerors to determine the experience that demonstrates the ability to accomplish the work specified under this Solicitation. The Offeror shall submit at least two projects performed by the Offeror as the prime and where focus of work performed as the prime was Sustainment, Restoration, and Modernization (SRM) work.

Projects completed more than six (6) years before the solicitation issuance date and/or not meeting these criteria may be considered for evaluation purposes but may lessen the Offeror’s project relevancy determination and the overall Confidence rating.

a. projects demonstrate experience working in Turkey.

b. projects demonstrate experience working for the US Government on a US military installation/ US

Government facility in the EUCOM AOR; projects demonstrate working for the Turkish MOD on Turkish installation or demonstrate experience working for NATO in the EUCOM AOR.

c. projects involving multiple trades.

d. projects demonstrating experience working with proposed Key Subcontractors and/or the proposed JV Partners.

e. projects with a cost of $50,000 to $5,000,000.00.

f. projects completed no more than six (6) years before the solicitation issuance date.

FACTOR 1: PAST PERFORMANCE

For the purposes of evaluation under this factor, more consideration may be given to an Offeror that demonstrates experience in the following:

i. Demonstrate experience working successfully with the same Offeror/subcontractor/affiliate/team member with signed commitment letter(s).

FACTOR 1: PAST PERFORMANCE (CONT)

The SST will then evaluate Offerors under this factor to determine how likely it is that Offerors will be successful when performing task orders under the awarded contract. The Offeror's past performance will be evaluated based on performance on projects submitted under Factor 1.

Please note the Government reserves the right to review all recent past performance records available to make a confidence determination to include other projects not submitted by the Offeror. The Government also reserves the right to review past performance of any Subcontractors or JV partners the Offeror may have submitted. Key focus areas will include the following (see PPQ Form):

• Quality

• Schedule/Timeliness of Performance

• Customer Satisfaction

• Management/Personnel/Labor

• Cost/Financial Management

• Safety/Security

FACTOR 1: PAST PERFORMANCE (CONFIDENCE)

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.304(a)(2)(iv)). If an Offeror has no relevant past performance history, the Offeror must affirmatively state that it possesses no relevant directly related or similar past performance.

During the best value tradeoff process, Offerors whose proposals receive a satisfactory confidence or substantial confidence rating for this factor may be considered more favorably than an Offeror with a neutral confidence rating.

For the Past Performance evaluation, the evaluation will include a relevancy rating and confidence assessment, as detailed below.

• Past Performance Relevancy. The first aspect of the past performance evaluation is to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection.

• Performance Confidence Assessment. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. In conducting the confidence assessment, each Offeror shall be assigned one overall confidence rating.

FACTOR 1: PAST PERFORMANCE (CONFIDENCE - CONT)

Past Performance Relevancy:

Rating Definition

Very Relevant

Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

Performance Confidence Assessments:

Rating Definition

Substantial Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence

Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to ‘successfully perform the required effort.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.304(a)(2)(iv)). If an Offeror has no relevant past performance history, the Offeror must affirmatively state that it possesses no relevant directly related or similar past performance.

FACTOR 1: RATING

The Offeror’s Management and Technical Approach will be evaluated for completeness, reasonableness, risk, and logic. The Government will evaluate whether and to what extent the Management and Technical Approach:

i. Provide an Organization Chart depicting the overall structure and management of the project team from the Offeror’s Headquarters office to the Offeror’s project site office(s).

ii. Provide a narrative that describes the Offeror’s organization structure including roles, major responsibilities, and authorities of all committed Team Arrangement parties, and key personnel (Project Manager, Site Superintendent, CQC System Manager, and Site Safety & Health Officer) shall be described.

iii. Discusses the following aspects for management of five (5) simultaneous task orders for JOC SRM work at various locations to include mobilization to the site and staff multiple field offices with key personnel. Offeror’s planned approach to the following:

a. quality control

b. staffing (both management and labor to perform a typical construction project

c. obtaining, retaining, coordinating, and managing subcontractors

iv. Demonstrate performance in accordance with the required host nation rules and procedures. Specifically addressing

a. plan demonstrating overall knowledge of requirements and constraints applicable to work in the Host Nation

b. plan to ensure cost effective purchase of materials and equipment with consideration for Host Nation requirements

c. plan that includes discussion of plans to track and financially plan for Value Added Tax (VAT) reimbursements or exemptions applicable to work in the Host Nation

Additional consideration to Offerors demonstrating:

d. Corporate registration (if applicable) and possession of any required permits/certifications or qualifications issued by Turkish authorities

e. bi-lingual key personnel fluent in Turkish and English

FACTOR 2: MANAGEMENT AND TECHNICAL

APPROACH

FACTOR 2: RATING

TECHNICAL/RISK RATINGS

Color Rating Description Blue Outstanding Proposal demonstrates an exceptional approach and understanding of the requirements, contains multiple strengths, and/or at least one significant strength, and risk of unsuccessful performance is low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength or significant strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies and is un-awardable, and/or risk of performance is unacceptably high.

Unit Price Book (UPB) Coefficients

a. Offerors are required to price all items for the base and all option ordering periods.

b. Prices proposed will be analyzed to determine if prices are unbalanced.

Price will not be rated but considered in establishing the competitive range prior to discussions (if held).

FACTOR 3: PRICE

QUESTIONS?

USACE/U.S. GOVERNMENT

SPECIFIC REQUIREMENTS

1. Construction Quality Management Course

2. Safety

3. CPM Schedule & Payments

4. Resident Management System (RMS)

Course developed in partnership with Associated Builders and Contractors (ABC) and the Associated General Contractors

(AGC)

Details:

• Instructs Contractor Superintendents, Quality Control (QC) Staff, and

Foreman in construction quality control and how it relates to Owner quality assurance (QA)

• Describes the QC/QA system successfully used by USACE

• Required prior to commencement of construction. [Refer to §01 45 00]

USACE CONSTRUCTION QUALITY MANAGEMENT (CQM) COURSE

Upcoming Virtual Courses:

20-21 Oct 20222 19-20 January 2023 20-21 April 2023 19-20 July 2023

Registration: https://www.nau.

usace.army.mil/Business-With- Us/CQM/

For other questions regarding registration or course information please email CENAU-EC-CQM@usace.army.mil.

CONSTRUCTION QUALITY MANAGEMENT COURSE (CONT.)

Registration Fee is $250.00 paid to University of North Florida during registration.

Course is taught between 0900 – 1700 Central European Time (CET) both days.

The course is taught in English and requires that proficiency.

Course registration is on a first-come, first-served basis.

Upon completion of the course, the certificate is good for 5 years. No in-person classes.

SITE SAFETY AND HEALTH

Engineer Manual (EM) 385-1-1 USACE Safety & Health Requirements Manual:

http://www.publications.usace.army.mil/USACE- Publications/Engineer-Manuals/

USACE Specifications:

• 01 35 26 Safety and Occupational Health Requirements

• 01 45 00 USACE Quality Control

• 01 45 05 Contractor Site Personnel Requirements – CQC

Personnel

PROJECT SCHEDULE (SECTION 01 32 01 )

The schedule is the basis for determining contract earnings during each update period and therefore the amount of each progress payment.

Activity cost loading must be reasonable and without front-end loading. Provide additional documentation to demonstrate reasonableness if requested by the Contracting Officer.

PAYMENTS

FAR 52.232-5 Payments under Fixed-Price Construction Contracts Monthly Invoices An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

A listing of the amount included for work performed by each subcontractor under the contract.

A listing of the total amount of each subcontract under the contract.

A listing of the amounts previously paid to each such subcontractor under the contract.

Additional supporting data in a form and detail required by the Contracting Officer.

RESIDENT MANAGEMENT SYSTEM (RMS) (SECTION 01 45 01)

Comprehensive contract administration software used for ALL construction contracts.

For example; Submittals, schedules, pay estimates, contract modifications

CPM SCHEDULE, PROGRESS PAYMENTS AND RMS

The Resident Management System (RMS) is the contract administration program designed by the Corps Engineers. The systems provide an efficient method to plan, schedule, and control all aspects of construction.

Support and tutorials:

RMS Support Center YouTube Channel:

https://www.youtube.com/channel/UC_ID-JmaZgePmlrb2zdUOqg

RMS 3 Contractor Mode User Manual:

https://rms.usace.army.mil/datafiles/rmsdocwebsite/files/RMS3CM.pdf

Download RMS 3.0 Contractor Launcher:

https://rms.usace.army.mil/datafiles/rmsdocwebsite/files/RMSLauncherSetupKtr25.exe

Installing RMS 3.0 Contractor Mode https://rms.usace.army.mil/datafiles/rmsdocwebsite/files/Installing%20RMS%203.pdf

RESIDENT MANAGEMENT SYSTEM (RMS)

U.S. PROCUREMENT LAW &

OVERSEAS CONTRACTING

OFFICE OF COUNSEL

• US Procurement Regulations and Important Clauses

• Prime Contractor Project Management

• US Contracting Officers

• Joint Ventures, Teaming Agreements, Key Subcontractors, Affiliates

• Defense Base Act Insurance

• Taxes and VAT

• Bonding Requirements

• Questions

OVERVIEW

Contracts are awarded and executed under United States Procurement laws and regulations.

Federal Acquisition Regulation (FAR) http://acquisition.gov

Defense FAR Supplement (DFARS) http://acquisition.gov

Army FAR Supplement (AFARS) http://acquisition.gov

U.S. PROCUREMENT LAW AND REGULATIONS

DFARS 252.233-7001

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

CHOICE OF LAW (OVERSEAS)

DISPUTES AND CLAIMS REGULATIONS

41 United States Code (U.S.C.) Chapt. 71 -Contract Disputes

FAR Subpart 33.2, Disputes and Appeals

FAR 52.233-1, Disputes

In Specification Binder – RFP Attachment The contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to the performance of this contract by any subcontractor against the United States Government. The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the Disputes clause of this contract and in the United States Federal Statutes.

IMMUNITY FROM LEGAL PROCESS

• The U.S. Government is very concerned that laborers on our projects receive working conditions and wages in accordance with Host Nation laws and regulations.

• “Compliance With Local Labor Laws,” provides that contractors must comply with all host nation labor laws and regulations including laws and regulations relating to hours of work and compensation.

• Be aware that this applies to subcontractors as well as the prime contractor – the prime contractor is responsible for ensuring that all workers on the project are properly paid, regardless of whether the workers are employed directly by the prime contractor, principal subcontractor or subcontractors at any tier.

• The Government will always hold the prime responsible.

COMPLIANCE WITH LOCAL LABOR LAWS

• The U.S. Government contracts are with the prime contractors.

• USACE expects the prime contractor to actively manage the project and ensure the work meets contract requirements and the U.S. Government will hold the prime contractors responsible for contract execution.

• When issues arise, the U.S. Government deals with primes, not subcontractors.

PRIME CONTRACTOR PROJECT MANAGEMENT

The Solicitation Specifications Binder covers contractor responsibilities and obligations:

– Adequately manning and staffing the project.

– The contractor assumes the risk and cost of obtaining the necessary labor to execute the project.

– The U.S. Government will not compensate you if labor turns out to be more expensive than you expected. This is true even if the reason for the added expense is a change in the host nation (HN) laws/regulations that increases your labor cost.

– The U.S. Government cannot influence the HN regarding visas or work permits and may not provide any assistance.

PRIME CONTRACTOR PROJECT MANAGEMENT (CONT.)

U.S. CONTRACTING OFFICERS

• The U.S. acts through warranted Contracting Officers (KOs).

• Contracting Officers are assisted by Administrative Contracting Officers (ACOs) and Contracting Officer’s Representatives (CORs) acting within the bounds of authority delegated to them by the Contracting Officer.

• Only a warranted Contracting Officer (or designated ACO) may provide direction to a contractor on a U.S. Government contract.

70JOINT VENTURES, TEAMING AGREEMENTS, KEY

SUBCONTRACTORS, AFFILIATES

• What if the Prime is a host nation company with a lot of experience, but no or very little experience with the U.S. Government or the U.S. Department of Defense?

• What if the Prime has a lot of U.S. Department of Defense experience, but no or little experience working in the Host Nation?

–To be more competitive in terms of experience, applicants often form Joint Ventures (JVs). In JVs, the two (or more) companies become the Prime and the Government deals directly with the designated point of contact for the JV. Each JV member must agree to be jointly and severally liable to the US Government and responsible for all work performed (liability and responsibility for work is not tied to the members’ contributions as far as the US Government is concerned).

JOINT VENTURES

If submitting a proposal as a joint venture (JV), the experience and past performance for each joint venture partner will be considered for the joint venture entity. JVs shall submit the following:

– A legally binding JV agreement signed by an authorized officer from each of the firms comprising the JV.

– Shall identify the chief executive of each entity identified

– Shall be translated into English

– Shall include a detailed statement outlining, in terms of percentages, which JV member is responsible for what aspects of the project, the relationship of the JV in terms of ownership/capital contribution, profit/loss sharing; and which party has overall control, etc.

– Note: The Contract will provide that JV members are jointly and severally liable for any obligations under the contract. The JV Agreement should also state this.

JOINT VENTURES See Request for Proposal (RFP) for exact Instructions

- If forming a JV is not an option, contractors may receive credit for the experience, past performance and capabilities of a teaming partner (i.e., a subcontractor, formal teaming partner or an affiliate) but only if the proposal includes a Commitment Letter with the substantive terms of the Solicitation attachment. Do not add or delete any terms to that attachment. The Government must be able to assess the past experience of the teaming partner, so at least one of the 5 projects you submit for past performance and experience should include a relevant and recent past project for that team member.

-The Commitment Letter or proposal must explain the major or critical aspects of the work to be performed by each team member (to include identification of team members, and a full description of roles and responsibilities of team members). The “credit” given will depend on the nature and extent of the proposed participation of the teaming partner.

TEAMING ARRANGEMENTS & LETTERS OF

COMMITMENT

RFP ATTACHMENT - COMMITMENT LETTERS

LETTER OF COMMITMENT SAMPLE

See Solicitation - Evaluation Factors for Award

If an Offeror wishes to be credited with the past performance of a subcontractor, team member, or affiliate (defined in FAR 2.101), the appropriate Letter of Commitment below must be completed with all information required, signed by authorized representatives of all parties and submitted with the proposal. Offerors should select the appropriate Commitment Letter sample from the following alternatives as applicable:

- Alternative 1 Subcontractor Commitment

- Alternative 2 Team Member Commitment

- Alternative 3 Affiliate Commitment

ALTERNATIVE 1 – KEY SUBCONTRACTORS

(PRIME CONTRACTOR LETTERHEAD)

US Army Corps of Engineers (Insert Date) Europe District Konrad Adenauer Ring 39, Box 7 ATTN: Contracting Officer 65187 Wiesbaden, Germany

Subject: Letter of Commitment for Solicitation No. XXXXXXXXXXX, Project Name

In the event that Prime Contractor X is awarded a contract under the subject solicitation, Prime Contractor X commits to using Subcontractor Y as a subcontractor for the services described in this Letter of Commitment and Subcontractor Y agrees to perform as a subcontractor to Prime Contractor X for those services.

ALTERNATIVE 1 – KEY SUBCONTRACTORS, CONT. 1

Prime Contractor X will perform as the prime contractor while Subcontractor Y will perform the following services as a subcontractor under the resultant contract:

(Describe the work to be performed by the subcontractor, e.g., electrical, mechanical, civil, etc.)

Prime Contractor X may be credited with the experience, expertise and/or past performance of Subcontractor Y as they relate to the services described in this Letter of Commitment.

In the event that Prime Contractor X is awarded the resultant contract, another firm cannot be substituted for Subcontractor Y without prior written approval of the contracting officer. Approval or disapproval of a substitute subcontractor is a matter within the sole discretion of the Contracting Officer, considering such factors as whether the contracting officer considers the proposed substitute to be equally qualified and the substitution to be in the best interests of project execution.

In approving a substitution, the contracting officer may impose such conditions on the substitution as the contracting officer deems appropriate in the exercise of his/her sole discretion.

In the event Prime Contractor X is not awarded a contract under the subject solicitation, this Letter of Commitment is null and void.

Signatures: ______________________ __________________ John D. Prime Hans Richard Authorized Representative Authorized Representative Prime Contractor X Subcontractor Y Title Title

ALTERNATIVE 1 – KEY SUBCONTRACTORS, CONT. 2

(PRIME CONTRACTOR LETTERHEAD)

US Army Corps of Engineers (Insert Date) Europe District Konrad Adenauer Ring 39, Box 7 ATTN: Contracting Officer 65187 Wiesbaden, Germany

Subject: Letter of Commitment for Solicitation No. XXXXXXXXXX, In the event that Prime Contractor X is awarded a contract under the subject solicitation (Contract), Prime Contractor X commits to using Team Member Y for the services or other contributions described in this Letter of Commitment and Team Member Y commits to perform such services or to make such contributions in furtherance of Prime Contractor X's performance of the Contract.

Prime Contractor X will perform as the prime contractor while the Team Member Y will

ALTERNATIVE 2 - COMMITMENT WITH TEAM MEMBER

ALTERNATIVE 2 - COMMITMENT WITH TEAM MEMBER, CONT. 1

perform the following services or make the following contributions in furtherance of Prime Contractor X's performance of the Contract:

(Describe the type[s] of contributions and services to be performed by Team Member Y, e.g., electrical, mechanical, civil, design, services; or the specific equipment or types and quantities of Team Member Y personnel who will be committed to work on this Contract.)

Prime Contractor X may be credited with the experience, expertise and/or past performance of Team Member Y to the extent they relate to the services or contributions described in this Letter of Commitment.

In the event that Prime Contractor X is awarded the Contract, another firm cannot be substituted for Team Member Y without prior written approval of the contracting officer. Approval or disapproval of a substitute firm is a matter within the sole discretion of the Contracting Officer, considering such factors as whether the contracting officer considers the proposed substitute to be equally qualified and the substitution to be in the best interests of project execution.

ALTERNATIVE 2 - COMMITMENT WITH TEAM MEMBER, CONT. 2

In approving a substitution, the contracting officer may impose such conditions on the substitution as the contracting officer deems appropriate in the exercise of his/her sole discretion.

In the event Prime Contractor X is not awarded the Contract, this Letter of Commitment is null and void.

John D. Prime Hans Richard Authorized Representative Authorized Representative Prime Contractor X Team Member Y

ALTERNATIVE 3 – AFFILIATES

(PRIME CONTRACTOR LETTERHEAD)

US Army Corps of Engineers (Insert Date) Europe District Konrad Adenauer Ring 39, Box 7 ATTN: Contracting Officer 65187 Wiesbaden, Germany

Subject: Letter of Commitment for Solicitation No. XXXXXXXXXX, In the event that Prime Contractor X is awarded a contract under the subject solicitation (Contract), Prime Contractor X commits to using Affiliate Y for the services or other contributions described in this Letter of Commitment and Affiliate Y commits to perform such services or to make such contributions in furtherance of Prime Contractor X's performance of the Contract.

• During Source Selection, prime contractors can receive credit for the experience of an “Affiliate.” The term “Affiliate” is defined in the U.S. regulations, but typically it refers to a parent corporation or a “sister” company (both subsidiaries of the same parent corporation.)

• If the prime wants to rely on the experience of an Affiliate, a Letter of Commitment is required demonstrating a firm commitment that the Affiliate will participate meaningfully in terms of roles and responsibilities in the performance of the contract. This commitment letter must be signed by authorized representatives of both the prime and its Affiliate.

AFFILIATES

ALTERNATIVE 3 - AFFILIATES, CONT. 1

Prime Contractor X will perform as the prime contractor while the Affiliate Y will perform the following services or make the following contributions in furtherance of Prime Contractor X's performance of the Contract:

(Describe the type[s] of contributions and services to be performed by the Affiliate Y, e.g., electrical, mechanical, civil, design, services; or the specific equipment or types and quantities of affiliate personnel who will be committed to work on this Contract. There must be sufficient detail provided here about Affiliate Y's contributions to the Contract effort to enable the Government to assess if the Affiliate Y's participation will be meaningful enough to warrant crediting Prime Contractor X with the experience, expertise and/or past performance of Affiliate Y).

Prime Contractor X may be credited with the experience, expertise and/or past performance of Affiliate Y to the extent they relate to the services or contributions described in this Letter of Commitment.

In the event that Prime Contractor X is awarded the Contract, another firm cannot be substituted for Affiliate Y without prior written approval of the contracting officer. Approval or disapproval of a

ALTERNATIVE 3 - AFFILIATES, CONT. 2

substitute firm is a matter within the sole discretion of the Contracting Officer, considering such factors as whether the contracting officer considers the proposed substitute to be equally qualified and the substitution to be in the best interests of project execution.

In approving a substitution, the contracting officer may impose such conditions on the substitution as the contracting officer deems appropriate in the exercise of his/her sole discretion.

In the event Prime Contractor X is not awarded the Contract, this Letter of Commitment is null and void.

John D. Prime Hans Richard Authorized Representative Authorized Representative Prime Contractor X Affiliate Y

85TEAMING AGREEMENTS, KEY SUBCONTRACTORS

& AFFILIATES

• The ability to get “credit” for such teaming arrangements has its limits, however. Past performance is still a factor and reliance on Teaming Arrangements for past performance and experience does not relieve the Offeror of its obligation to demonstrate its own past performance and experience on the portions of the contract it will perform or manage.

• Also, whether the teams have worked together before successfully will be considered (this is true for new JV’s as well). If there is no prior experience together, be sure to address in the Management factor why that will not present any risk to successful performance.

• Since the U.S. Government will rely on the past experience of JV members, teaming partners, key subcontractors, key personnel and Affiliates in deciding which proposal offers the best value, the inability or failure to use those same entities or personnel in the manner proposed could result in a termination of the contract.

• In general, substitutions are not guaranteed. The Contracting Officer must determine if the substituted entity or person is comparable to the entity or person proposed in terms of experience and capabilities. If they are not, the Contracting Officer has the discretion to decline the proposed substitution.

WHAT IF A SUBSTITUTION IS NEEDED?

• Turkey has a waiver from compliance with DBA insurance requirements for workers who are covered by Turkey

“COMPULSORY WORKERS’ COMPENSATION LAWS.”

• A copy of the terms of the Turkey waiver can be found at:

https://www.dol.gov/sites/dolgov/files/owcp/dlhwc/dbaWaivers/ DBAWaiv er-Turkey.pdf

• This waiver does NOT apply to US citizens, lawful residents of the US, or employees hired in the US or to anyone not covered by Turkey’s compulsory workers’ compensation laws.

DEFENSE BASE ACT (DBA) INSURANCE

• For such employees, reference the RFP FAR Clause 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014.

• The DBA covers persons employed at US defense bases overseas.

The DBA is designed to provide medical treatment and compensation to employees of defense contractors injured in the scope and course of their work for the U.S. Government.

• DBA insurance is commercially available from carriers and self-insured employers authorized by the Department of Labor (DOL). The DOL table of authorized carriers and self-insured employers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

DBA INSURANCE, CONT. 1

• Typically, US Government requires 100% Performance and Payment bonds issued by approved US surety companies (See FAR 52.228-15)

Those approved surety companies are often unwilling to bond projects outside of the US. If specifically allowed in the RFP (which it is here), a Bank Letter of Assurance (BLA) and after award a Bank Letter of Guarantee (BLG) may be submitted instead of the 100% performance and payment bonds.

• Other surety alternatives are also available as set forth in the RFP Note: If a Joint Venture (JV), the Bank Letter of Assurance must cover the JV, not just one member of the JV.

BONDING REQUIREMENTS

TAX EXEMPTIONS

United States contractors when working solely for the purpose of supporting the U.S. Government in Turkey shall not be subject to any form of income or profits tax by the Turkish Government.

Importation of articles by any contractors acting on behalf of the U.S. shall be free of any import duties or taxes.

• Articles and services acquired by contractors acting on behalf of the U.S. should not be subject to direct or indirect taxation, to include value added taxes, excise taxes, sales taxes or similar taxes.

VALUE ADDED TAX (VAT)

QUESTIONS?

CONCLUSION /

FINAL REMINDERS

FINAL COMMENTS / REMINDERS

Offerors with technical inquiries shall submit their inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet. Bidder Inquiry Key: DZK9WJ-T6E2HE

• You may be disqualified for submitting a proposal that does not meet all of the requirements.

• Proposals must be submitted via RFP instructions.

• Current proposal due date is 31 OCTOBER 2022.

Shanda Weekes Contract Specialist Email: shanda.weekes@usace.army.mil

Christopher Brackett Contracting Officer Email: christopher.brackett@usace.army.mil

POINTS OF CONTACT

THANK YOU!

TEŞEKKÜRLER!