Kuwait_Industry_Day_Event,_09_Apr19,_FINAL.pptx

U.S. Army Corps of Engineers (USACE) Middle East District 09 – 10 April 2019

Kuwait industry day event

Arabic greeting!

Hello - Al salemoo alee-koom.

Welcome to this event - Merhaba bekoom fee ahazeehee al mohadara.

My name is JLZ and I am a program manager with the United States Army Corps of Engineers. I manage a project management branch in Winchester, VA that is responsible for all work performed by USACE in Kuwait.

My colleagues and I are here for these next two days to provide guidance to hopefully make you all successful in making us all together successful in work we perform here in Kuwait for our customers.

Along with me today is Maria Martin who is a contracting officer for various U.S. Army Corps of Engineers contracts here in Kuwait; Liz Tedrow who is a contract specialist as well responsible for USACE contracts here in Kuwait, and Matthew Tilghman who is from our Office of Counsel who provides legal guidance to our teams in development and execution of projects here in Kuwait.

** During the lunch period, participants are highly encouraged to socialize and network with one another. ** agenda

Before we get started, some administrative notes:

Bathrooms are located… There will be tea, coffee and some light snacks throughout the day located… And one last note, pls do wear your name tags so we can recognize one another and perhaps some business opportunities can be realized and business partnerships formed during the day. I encourage everyone to mingle and network with one another.

(go thru agenda)…

Lunch is from 1145 to 1300. There are a handful of good restaurants on the property that you can enjoy.

Facilitate interaction between USACE and Industry.

Presentations will focus on common proposal pitfalls and contractor lessons learned in order to help mitigate problems with contractors' future proposals and other documents submitted to USACE.

Address challenges faced by companies working with the U.S. Government in Kuwait, as well as legal requirements for contracting with USACE and the U.S. Government.

Provide overview to companies on U.S. Federal Acquisition requirements.

Industry day event objectives

The objectives of this two-day event are…read thru bullets.:

Set the stage for market development for programs and projects that are in planning and early project development.

Increase equitable competition by providing a networking forum for prime contractors and potential subcontractors.

Facilitate the development of mutually beneficial business partnerships.

Industry day event objectives

The objectives of this two-day event are…read thru bullets.:

Information presented in the following slides is for informational purposes to familiarize potential offerors and other stakeholders with the Middle East District’s procurements and the rules under which they are conducted.

This presentation and this Industry Day do not constitute a part of any solicitation. The U.S. Government is not requesting bids or any effort from contractors until solicitations are posted to the Federal Business Opportunities website.

When we do advertise a particular procurement, the contents of the solicitation, any amendments to the solicitation, and responses to bidder inquiries submitted through the bidder inquiry system will be the only sources of information about the Government's requirements.

disclaimer

These will be the only slides in which I will read verbatim.

References to postings of laws and regulations on the internet in this presentation do not indicate that the versions posted on the referenced webpages are authoritative or up-to-date.

Contractors with questions about US laws and regulations should seek independent legal advice and should not rely on this presentation.

disclaimer

Continue reading verbatim.

USACE overview Presenter: Joseph L. Zaraszczak

World’s largest public engineering, design and construction management organization comprised of over 35,000 U.S. Army civilians and more than 800 officers.

Over 240 years of history in public service to the United States and more than 130 foreign countries.

Army “ambassadors” on a daily basis to political leaders and to citizens wherever we serve them.

The “right” people: world-class professionals, civilians, and soldiers alike.

USACE Overview

Usace organization and manpower Civilian full time equivalents (FTE) and Uniformed End Strength (ES) 35,683 Employees Perform all “inherently governmental” functions Critical Technical Resource Perform > 65% of Planning & Design Unlimited Capability Perform 100% of Civil Works and Military Construction USACE Maintains a balance between in-sourced and outsourced work Direct Funded Project Funded Direct Funded Project Funded

USACE Total: 35,683 FTE (782 Uniformed Military) Workforce size driven by Customer programs 95% FTE Project Funded

HQUSACE: 927 FTE (3%)

(46 Uniformed Military)

Division HQs: 872 FTE (2%) (27 Uniformed Military)

This next slide is a great visual representation on the USACE organization. The pyramid on the left shows how the 35,000+ civilians and military servants of USACE are distributed throughout the organization from our HQ at the top to our divisions and then districts and other centers, field operating activities and engineering teams.

And to the pyramid on the right which really is a great representation of what today is about. Pyramids have a consistent low center of gravity, the idea is they can be built to infinity with an ever widening base. So what this means here is that to maintain stability to our wide base of customers, it is important that we have the right mix of our contractor workforce in our architect-engineer firms and our construction contractors. This is you and you are important to us and to our customers here in Kuwait. As I said earlier, your success is our success in carrying the needs and requirements of our strong customer base.

Our greatest asset is our people! Here is how we break out, by mission, across the country.

FEST – Forward Engineer Support Team ERDC – Engineer Research and Development Center FOA – Field Operating Activity

Districts 29,248 (83%) (301 Uniformed Military) ERDC, Centers, FOAs

4,120 FTE (12%)

(31 Uniformed Military) Prime Power

30 FTE

(343 Uniformed Military) FEST Teams

102 FTE

(34 Uniformed Military)

Louisville Nashville Pittsburgh

Mississippi Valley Division

Buffalo Chicago Detroit Huntington

Baltimore New England

Vicksburg Memphis New Orleans St Paul Rock Island St Louis

New York Norfolk

Philadelphia

Europe

Kansas City Omaha Portland Seattle

Walla Walla

Alaska Far East Honolulu Japan

Charleston Jacksonville

Mobile

Savannah

Wilmington

Albuquerque Sacramento Los Angeles

San Francisco

Fort Worth Galveston

Little Rock

Tulsa

USACE

Finance Center (FOA) 249th Prime Power Battalion

Humphreys Engineer Center Support Activity

(FOA)

Headquarters USACE

Transatlantic Division*

Afghanistan Organization with a Military Mission

Alignment with a Combatant Command Engineer Research and Development Center (7 Labs)

Middle East - Winchester, VA

Engineer Commands (ENCOMs, 2) Marine Design Center (FOA)

USACE Logistics Agency (FOA)

Institute for Water Resources

(FOA)

Engineering and Support Center, Hunstville Army Geospatial Center North Atlantic Division* Pacific Ocean Division Great Lakes & Ohio River Division Northwestern Division South Atlantic Division Southwestern Division South Pacific

Usace organizational structure

THEME: Next a brief look at how we are Mission/Task organized nationally and internationally.

43 Districts 9 Divisions 7 Laboratories within ERDC 2 Centers, including the Army Geospatial Center 5 Field Operating Activities (HECSA, IWR, MDC, UFC, ULA)

249th Engineer Battalion (Prime Power) OPCON for 412TH AND 416TH ENCOMs

ARCTIC

Cyclone Shelters Bangladesh GIS and H&H Workshops, Mongolia

Police Training Facility Classrooms, Colombia Bridge Reconstruction, Lebanon

Kajaki Dam Hydraulic Analysis, Afghanistan

Potable Water Project, Mozambique

Japan Earthquake Recovery

Flood Relief Pakistan

Technical Assistance Visit – Sao Francisco River, Brazil

USACE global engagements Engagement - 130+ Countries Physical Presence - 34 Countries Over 35,000 Employees

Theme: USACE supports DOD and US Government objectives in over 100 countries.

Support humanitarian assistance and economic development in nations with US strategic interests Support combatant commands in Theater Cooperation Security Strategy Support reconstruction/stability operations (State Department, USAID, Millennium Challenge Corp) Assist with real estate acquisition, MILCON, and site remediation for force re-stationing, BRAC, and Army Transformation.

Partnership with UNESCO, the World Water Council and other worldwide organizations for water resources capacity development Latin America (SOUTHCOM) Support Jamaica and Dominican Republic– FEST-A Support to Beyond the Horizons Exercises-small construction projects such as schools, clinics, wells Honduras - military construction and technical support to Joint Task Force-Bravo, J37, Soto Cano Airbase in Honduras.

Brazil - technical exchanges (Inland Navigation and Environmental) with Brazilian Army and Civilian Agencies.

Columbia - ERDC and The Nature Conservancy providing technology transfer on the Magdalena River.

Europe (EUCOM) Support Missile defense, Civil Military Emergency Preparedness (CMEP) Sava River Commission (Slovenia, Croatia, Bosnia-Herzegovina) – Water resources capacity development Africa (AFRICOM) Support Niger, Chad, Mali, Senegal, Mauritania, Morocco, Tunisia, Gabon, Ghana, Nigeria, and Liberia - Multiple Award Task Order Contract (MATOC) capabilities to support real property repair & maintenance, environmental work, force protection and design & construction services.

Niger, Chad, Mali, Senegal, Gabon, and Ghana - supporting SOCEUR Operation Enduring Freedom – Trans-Sahara design and construction Djibouti and Kenya - Supporting ERC design and construction projects for HQ at Camp Lemonier (Navy is the Design Agent and we are providing them with in-house design support for an administration building and warehouse. The SeaBees will construct.)

Benin, Cape Verde, Ghana, Lesotho, Mozambique, Senegal, and Tanzania - support infrastructure development with technical reviews, compliance and assessments for Millennium Challenge Corporation.

Asia (PACOM) Support Vietnam, Cambodia, Laos, Indonesia, Sri Lanka, Bangladesh – Humanitarian Assistance projects (schools, clinics, etc.)

Mekong River Commission – Water Resources Capacity Development Mongolia – Design and construction of Peacekeeping Training Center Middle East (CENTCOM) Support Iraq and Afghanistan – Reconstruction and stability operations Afghanistan – Working with Asian Development Bank and other donors Oman, Jordan and Pakistan – Support for ERC design and construction projects.

Mediterranean

1952 - 1976

Middle East Division 1976 - 1986

Middle East/Africa Projects Office 1986 - 1991

Transatlantic Division 1991 - 1995

Transatlantic Programs Center 1995 - 2009

Middle East District October 2009

Middle east district lineage

Our organization has a rich history that traces its roots back over 60 years.

Our name has changed over time partly due to world events and then in more recent years due to internal organizational changes. Our current name, Middle East District has been in place since Oct 2009. Our Middle East District HQ is located in Winchester, VA.

USACE has had an organization near or in Winchester since the mid-1970s when the Middle East Division was established. TAM had a rear echelon here to manage the large design program for the $14 billion Saudi Arabian program. This FMS program provided air, land and sea bases and other defense facilities, all paid for by the Saudis.

Mid 80s: MEAPO – a district-level element of the South Atlantic Division. MEAPO’s work expanded into other areas of the Middle East and Africa. It launched into Saudi Arabia at the start of the first Gulf War in August 1990.

The first Transatlantic Division – an operating division – was formed in 1991 in response to the first Gulf War, Kuwait recovery and the fall of the Berlin Wall. Europe District was moved under the division then. Europe District became part of NAD in 1998.

Name change in 1995 due to division restructuring.

In September 2009, TAD created. TAC’s name was changed to Middle East District.

Photos: upper right; strategic logistics initiative in USACE employees in Turkey (TUSEG); Qatar; General Albro meeting with Royal Saudi Air Force officials; bottom photos: Kuwait airport after Iraq invasion; USACE repairs of the airport terminal.

Jordan Area Office Egypt Resident Office Saudi Program Management Office Saudi Resident Office, Damman United Arab Emirates Area Office/ Construction Chief and QA Chief forward Oman Project Office Bahrain Program Management Office Kuwait Program Management Office Balad Proj. Office Qatar Program Management Office Overseas office locations

Our area of operations covers the 20 countries within U.S. Central Command’s responsibility , with work in 14 of those countries. While our main office is back in Winchester, VA, we have area offices and resident offices throughout our area of operations in each country in which we have work.

Planning and programming Engineering and design Services contract management Construction management oversight Contracting and acquisition Funds management TAM Specialized Capabilities

District services & capabilities

Planning and programming Engineering and design Services contract management Construction management oversight Three-phase inspection method Safety compliance Contracting and acquisition Architect-engineer contract management Firm fixed price contracts Multiple-award task order contracts Job order contracts Limited competition local procurement Funds management Honest broker

Technical Center of Expertise (TCX) for Aircraft Hangar Fire Protection

Provides fire protection engineering assistance to USACE offices involved in the design and construction of fire protection systems for aircraft hangars. The TCX has sought to standardize design procedures and approaches to deliver better systems to our customers. The goal is to assure that hangar fire protection systems are designed and constructed to be as cost effective, reliable, and maintainable as possible.

Fire suppression foam testing Tam specialized capabilities

Need to complete

TAM Specialized Capabilities Center of Standardization for Non-Permanent Facilities Provides standard designs that meet current and future contingency operational needs with low cost facility designs that are easily constructed using local materials and building methods.

CSNPF off the shelf designs meet a variety of contingency needs.

CSNPF designs ensure UFC compliance.

Need to complete

Regional Planning Support Center Operational Staffing Plan Mid-Regional Planning Support Center Operational Staffing Plan

1. Facility and Infrastructure Survey Validation of all real property and non-real property facilities currently used to execute mission.

SMS Suite (BUILDER-ROOFER-PAVER-FUELER)

2. Requirements Analysis Basic Facility Requirement & Analysis

GFEBS

Balance the TAB IGI&S Integration

3. Installation Development Plan Installation Vision Area Development Plans Installation Planning Standards Installation Energy and Water Plan Capacity Analysis Base Camp Master Plans

5. Programming Documents DD Form 1391 (Code 0) Project PCR (Planning Charrette Report) Project PnP (Planning and Programming Document) Parametric Design (Code 2)

4. Execution Plan and CIS Base Camp Execution Plans Capital Investment Strategy Customer Program Document

TAM Specialized Capabilities

Facility Design

Facility Construction

Master Plan

Maintenance Facilities Airlift Aprons, Taxiways, Ramps, Runways Fuel Storage and Distro Systems Water and Wastewater Treatment Plants and Distro Systems Dining Facilities Administrative Bldgs Barracks Command Centers Roads

Type projects

Power Plants Electrical Distro Systems Communication Distro Systems Medical Facilities Training Facilities Naval Facilities and Associated Structures and more…

Type projects

USACE has had a strong long-term relationship with the Kuwait military since the early 1980s.

In the 1990s, USACE completed numerous projects under the authority of the Defense Cooperation Agreement (DCA) between the United States and Kuwait.

Current construction programs in Kuwait are primarily Foreign Military Sales (FMS), various DCA programs (Burdensharing, Relocation Contributions and Mutually Beneficial authorities) and Military Construction (MILCON).

$2B - $5B potential program in the various FMS, DCA and MILCON programs covering ~80 projects.

Kuwait-usace partnership / workload

I’ll conclude my presentation Read thru bullets…workload represents a lot of opportunity for our contractor workforce and then stress that we are here today to further strengthen our team to continue to build and nurture this partnership.

Contracting with the usace middle east district design-bid-build (dbb) vs. design-build (db) construction fund types common construction clauses & provisions request for proposal (rfp) process after award

Design-bid-build (dbb) vs. design-build (db) Presenter: Maria L. Martin

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

Federal Acquisition Regulation (FAR) http://farsite.hill.af.mil/vffara.htm

Defense FAR Supplement (DFARS) http://farsite.hill.af.mil/vfdfara.htm

Army FAR Supplement (AFARS) http://farsite.hill.af.mil/vfafara.htm

Acquisition regulations

Construction Types per FAR 36.102 Design-Build (D-B) means “combining design and construction in a single contract with one contractor”

Design-Bid-Build (D-B-B) means “the traditional delivery method where design and construction are sequential and contracted for separately with two contracts and two contractors”

Design-Build Construction UAI 36.303-100 states Single-Phase D-B is only authorized for MILCON or UMMC ECB 2015-8 clarifies the use of a one-step selection procedure is now authorized for MILCON, repair projects as defined in 10 USC 2811(e) with an approved cost equal to or less than $4M, and the construction of a facility as part of an authorized security assistance activity Although authorized for the above, they must meet specific conditions

Design-Build Construction FAR Subpart 36.3 describes the Two-Phase D-B Selection Procedures Each phase can be solicited separately or together Phase 1 is to down-select the most qualified offerors to proceed to Phase 2 Cost or price is prohibited as a Phase 1 factor No more than five offerors can be selected to proceed to phase 2.

Phase 2 must consist of price and technical factors

Design-Bid-Build Construction Sometimes referred to simply as “construction”

Two solicitations and two contracts are required: One for design to an AE Firm and a separate one for construction.

FAR 36.606(c) states, “The contracting officer shall inform the [AE] firm that no construction contract may be awarded to the firm that designed the project, except as provided in 36.209.”

FAR 36.209 states the exception is with the approval of the head of the agency or authorized representative

Construction fund types

Construction Fund Types Military Construction (MILCON)

Unspecified Minor Military Construction (UMMC) Statutory Limitations per 10 U.S. Code § 2805*

O&M Funded UMMC Statutory Limitations per 10 U.S. Code § 2805*

Foreign Military Sales (FMS)

Foreign Military Finance (FMF)

MILCON – generally construction >$3M; 5 year money. Under MILCON, there is a US Preference when selecting a contractor.

O&M funded UMMC (OMA) – statutory limit of $1M; 1 year money (previously $750k)

Per 10 USC 2805, UMMC is defined as a military construction project that has an approved cost equal to or less than $3,000,000. However, if the military construction project is intended solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening, an unspecified minor military construction project may have an approved cost equal to or less than $4,000,000.

See appropriation for specific statutory limitations and authorizations (should be cited on the MIPR). There are specific rules for different types of UMMC or O&M funded projects.

For FMS and FMF, must review the case notes for sole source, construction, etc.

Common construction clause & provisions

SPECIFICATIONS AND DRAWINGS

VOLUME 1 – solicitation/CONTRACT

ITEM 1 – PROVIDES SOLICITATION NUMBER

ITEM 2 – PROVIDES THE TYPE OF SOLICITATION

ITEM 10 – IDENTIFIES GOVERNMENT REQUIREMENTS

ITEM 13- PROVIDES DUE DATE AND HOUR OF PROPOSALS

OFFERORS MUST MAKE SURE THEY RESPOND BY THE DUE DATE OF THE PROPOSAL FOR THEIR PROPOSAL TO BE ACCEPTED BY THE GOVERNMENT.

STANDARD FORM 1442 (SOLICITATION, OFFER AND AWARD)

Instructions to Prospective Offerors Proposal Format and Content Table of Contents Price Proposal Non-Price Proposal Proposal Preparation

THIS SECTION PROVIDES ALL THE INFORMATION REQUIRED FOR THE OFFERORS TO SUBMIT THEIR PROPOSAL SUCH AS:

OFFERORS SHALL PREPARE PROPOSALS IN THE ENGLISH LANGUAGE.

Ref: RFP Section 00 21 00 - Instructions

SECTION 00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

VOLUME 1 – NON-PRICE PROPOSAL

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.

VOLUME 2 – PRICE PROPOSAL

STANDARD FORM 1442 INCLUDED IN THE SOLICITATION, ACKNOWLEDGEMENT OF ALL THE AMENDMENTS, CERTIFICATIONS, COMPLETE PRICE SCHEDULE AND COST BREAKDOWN SHEET.

SECTION 00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS – cont’d

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

Bidder Inquiry Key: TO BE DETERMINED (TBD)

The Bidder Inquiry System will be closed to new inquiries seven (7) calendar days prior to Proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

Note: Any answers provided through Projnet will not change any terms and conditions of the RFP. Any changes as a result of Projnet questions will be addressed in an Amendment to the RFP.

inquiries VIA PROJNET

BASIS FOR AWARD

In evaluating proposals and in making the contract award, the Government is as concerned with obtaining the best non-pricing features as it is in doing so at a competitive reasonable price. The Government will not make a contract award to an offeror whose superior non-pricing features causes the total cost of the project to become unreasonably high. Nor is the Government willing to make a contract award to an offeror submitting the lowest price if the non-pricing features of its proposal indicate a reasonable likelihood that successful project completion will not occur. An unsuccessful project would be a project that, among other things, fails to meet acceptable quality standards of work in a timely and safe manner at reasonable cost.

Sample

THIS SECTION PROVIDES THE FORMAT FOR A CORPORATE CERTIFICATE AND REQUIREMENTS OF THE DEFENSE BASE ACT (DBA) INSURANCE

IT ALSO PROVIDES PROVISIONS THAT THE OFFEROR MUST FILL OUT AND SUBMIT WITH HIS PROPOSAL.

Ref: RFP Section 00 45 00 – Certifications

SECTION 00 45 00 REPRESENTATIONS AND CERTIFICATIONS

CONTRACTOR MUST ABIDE BY ALL ASPECTS OF THE CONTRACT WHETHER THEY ARE ADDRESSED AT THIS CONFERENCE OR NOT. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO BECAME FAMILIAR WITH THE CLAUSES, SPECIFICATIONS AND DRAWINGS THAT ARE INCLUDED IN EACH REQUEST FOR PROPOSAL OR SOLICITATION.

CLAUSES ARE INCLUDED BY REFERENCE AND FULL TEXT IN THIS SECTION.

Ref: RFP Section 00 21 00 - Clauses

SECTION 00 72 00 - CONTRACT CLAUSES

FAR provisions and clauses from 52.236-1 to 52.236-28: most are required for fixed-price construction >SAT

(P) 52.232-13, Notice of Progress Payments

(C) 52.211-12, Liquidated Damages

52.222-50 COMBATING TRAFFICKING IN PERSONS

(C) 52.228-2, Additional Bond Security

Ref: RFP Section 00 72 00 - Clauses

Commonly Used Provisions & Clauses - Overview

FAR provisions/clauses (continued)

(C) 52.228-15, Performance and Payment Bonds – Construction

(C) 52.232-5, Payments Under Fixed-Price Construction Contracts

(C) 52.246-12 Inspection of Construction

(C) 52.246-24, Warranty of Construction

FAR provisions/clauses (continued)

(C) 52.248-3, Value Engineering - Construction

(C) 52.249-10, Default (Fixed-Price Construction)

DFARS provisions/clauses

(P) 252.236-7013, Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers

(C) 252.225-7045, Balance of Payments Program – Construction Material Under Trade Agreements

(C) 252.236-7000, Modification Proposals – Price Breakdown

(C) 252.236-7001, Contract Drawings & Specifications

DFARS provisions/clauses (continued)

(C) 252.236-7004, Payment for Mobilization and Demobilization

(C) 252.236-7005, Airfield Safety Precautions

(C) 252.236-7010, Overseas Military Construction – Preference for United States Firms

52.211-12 LIQUIDATED DAMAGES CONSTRUCTION

THE CONTRACTOR SHALL PAY THE GOVERNMENT THE AMOUNT OF $X,XXX FOR EACH CALENDAR DAY OF DELAY UNTIL THE WORK IS COMPLETED OR ACCEPTED.

contract clauses – in detail

52.217-7 Option for Increased Quantity—Separately Priced Line Item The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within sixty calendar days after the Notice to Proceed. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

contract clauses – in detail Disputes – FAR 52.233-1 (listed by reference) A claim by Contractor shall be made in writing only and submitted to the Contracting Officer for a written decision. A claim for the Final Decision of the Contracting Officer must be answered by the Contracting Officer.

Contractor may appeal the final decision of the Contracting Officer within 90 days through the Armed Services Board of Contract Appeals, or within 12 months through the Federal Court.

Claims in excess of $100,000 must be certified, except that claims including EQUIPMENT COSTS in excess of $25,000 must also be certified.

Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decisions of the Contracting Officer or the Administrative Contracting Officer.

Clauses in the 52.232 series refer to payment. These include, 52.232-5 Payments under Fixed-Price Construction Contracts. In addition make note of the requirement of clause 52.232-33 Payment by Electronic Funds-System for Award Management.

Payments under TAM contracts will be made by electronic transfer.

CLAUSES IN THE 52.236 SERIES ADDRESS CONSTRUCTION SPECIFIC REQUIREMENTS. CONTRACTOR IS REQUIRED TO BECOME FAMILIAR AND COMPLY WITH THESE CLAUSES.

SUCH AS…

Site Investigation and Conditions – FAR 52.236-3

Site Investigation and Conditions Affecting the Work

Upon signing the contract with the Government, the contractor acknowledged that it has taken steps reasonable necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its costs.

The Government assumes no responsibility for any conclusions or interpretations made by the contractor based on the information made available by the Government.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR

THE CONTRACTOR SHALL PERFORM 20% OF THE WORK WITH ITS OWN ORGANIZATION.

52.236-2 DIFFERING SITE CONDITIONS

THE CONTRACTOR SHALL GIVE A WRITTEN NOTICE TO THE CONTRACTING OFFICER IF ANY ASPECTS OF THIS CLAUSE IS FOUND ON SITE.

52.236-7 PERMITS AND RESPONSIBILITIES

THE CONTRACTOR SHALL, WITHOUT ADDITIONAL EXPENSE TO THE GOVERNMENT, BE RESPONSIBLE FOR OBTAINING ANY NECESSARY LICENSES AND PERMITS.

52.236-10 OPERATONS AND STORAGE AREAS

THE CONTRACTOR SHALL CONFINE ALL OPERATIONS (INCLUDING STORAGE OF MATERIALS) ON GOVERNMENT PREMISES/ HOST NATION TO AREAS AUTHORIZED OR APPROVED BY THE CONTRACTING OFFICER.

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION

THE GOVERNMENT SHALL HAVE THE RIGHT TO TAKE POSSESSION OF OR USE ANY COMPLETED OR PARTIALLY COMPLETED PART OF THE WORK. THE GOVERNMENT POSSESSION OR USE SHALL NOT BE DEEMED AN ACCEPTANCE OF ANY WORK UNDER THE CONTRACT.

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

IN CASE OF DISCREPANCY IN THE FIGURES, IN THE DRAWINGS OR IN THE SPECIFICATIONS, THE MATTER SHALL BE PROMPTLY SUBMITTED TO THE COR AND CONTRACTING OFFICER FOR DETERMINATION.

OTHER CONSTRUCTION CLAUSES YOU SHOULD BECOME FAMILIAR WITH INCLUDE:

52.236-12 CLEANING UP

52.236-14 ACCIDENT PREVENTION

52.236-15 SCHEDULE FOR CONSTRUCTION CONTRACTS

52.236-17 LAYOUT OF WORK

52.243-4 CHANGES

THE CONTRACTING OFFICER MAY MAKE CHANGES TO THE CONTRACT AS SPECIFIED IN THIS CLAUSE. MODIFICATIONS WILL BE DIRECTED IN WRITING TO THE CONTRACTOR.

NOTE: ONLY THE CONTRACTING OFFICER HAS THIS AUTHORITY TO MAKE CHANGES TO THE CONTRACT.

52-246-12 INSPECTION OF CONSTRUCTION

THE CONTRACTOR SHALL MAINTAIN AN ADEQUATE INSPECTION SYSTEM AND PERFORM SUCH INSPECTIONS AS WILL ENSURE THAT THE WORK PERFORMED UNDER THE CONTRACT CONFORMS TO CONTRACT REQUIREMENTS. THE CONTRACTOR SHALL MAINTAIN COMPLETE INSPECTION RECORDS AND MAKE THEM AVAILABLE TO THE GOVERNMENT. ALL WORK SHALL BE CONDUCTED UNDER THE GENERAL DIRECTION OF THE CONTRACTING OFFICER AND IS SUBJECT TO GOVERNMENT INSPECTION AND TEST AT ALL PLACES AND AT ALL REASONABLE TIMES BEFORE ACCEPTANCE TO ENSURE STRICT COMPLIANCE WITH THE TERMS OF THE CONTRACT.

Warranty of Construction - FAR 52.246-21 Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractors or suppliers.

This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

252.225-7045, Balance of Payments Program – Construction Material Under Trade Agreements

Balance of Payments Program – Construction Material Use only domestic material (from U.S.), except for:

Material below simplified acquisition threshold, i.e. procurement cost below $250,000 Cement, steel reinforcement bars, steel wire mesh, sand, gravel, other soil material, stone, concrete masonry units, fired brick, and underground pipes

252.236-7004 - Payment for Mobilization and Demobilization 60% for mobilization 40% for demobilization

CLAUSES STARTING WITH 252 ARE CLAUSES FROM THE DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS). MOST ARE INCORPORATED BY REFERENCE.

252.236-7000 MODIFICATION PROPOSALS-PRICE BREAKDOWN

CONTRACTOR MUST FURNISH DETAILED COST BREAKDOWNS FOR ALL PROPOSED ITEMS OF WORK, INCLUDING SUBCONTRACTOR WORK.

section 00 73 00 special contract requirements This section includes administrative clauses and usace design/build clauses as required. This section includes:

Pay Estimates: Contractor shall use Engineer Form 93 for payment request. All payments will be made in US dollars.

Installation Access: CONTRACTOR SHALL BE RESPONSIBLE FOR ALL WORKERS GRANTED ACCESS TO WORK ON THIS PROJECT. THE GOVERNMENT WILL NOT GRANT ANY TIME EXTENSION FOR DELAYS THAT OCCUR BECAUSE THE PRIME OR SUBCONTRACTOR DID NOT PLAN ACCORDINGLY.

Ref: RFP Section 00 73 00 – Special Contract Requirements

The Contractor must comply with access processes at all secure sites

VOLUME 2 CONSIST OF THE CONTRACT SPECIFICATIONS DIVISIONS, IT INCLUDES ALL THE DIVISIONS REQUIRED FOR COMPLETION OF THE PROJECT. DIVISION 01 IS FOR GENERAL REQUIREMENTS, DIVISION 02 IS FOR EXISTING CONDITIONS, DIVISION 03 CONCRETE, ETC. BELOW IS DIVISION 01.

DIVISION 01 - GENERAL REQUIREMENTS

VOLUME 2 – CONTRACT SPECIFICATIONS

THE SPECIFICATIONS WILL PROVIDE THE PROJECT REQUIREMENTS AND THE DIVISIONS AFFECTED. IT COMPRISES OF AN EXTENSIVE NUMBER OF PAGES AND DRAWING DEPENDING ON THE REQUIREMENT.

PROJECT SPECIFICATIONS, WHEN COMBINED WITH THE PROJECT DRAWINGS, MUST PROVIDE A COMPREHENSIVE SET OF CONSTRUCTION DOCUMENTS THAT CAN BE BID FAIRLY AND COMPETITIVELY AND EXECUTED WITHOUT CHANGE, EXCEPT AS NECESSARY TO RESOLVE UNFORESEEN CONDITIONS OR CHANGES MADE DURING CONSTRUCTION.

THE SPECIFICATIONS ADDRESSES THE SUBMITTALS THAT NEED TO BE PROVIDED BY THE CONTRACTOR SUCH AS THE ORGANIZATION CHART, ACCCIDENT PREVENTION PLAN, AREA USE PLAN, SUBMITTAL REGISTER, QUALITY CONTROL PLAN, SECURITY CONTROL PLAN AMONG OTHERS.

FOLLOWING ARE SOME KEY SECTIONS.

SPECIFICATIONS, Cont.

01 11 00 SUMMARY OF WORK

PROVIDES THE DESCRIPTION OF THE PROJECT REQUIREMENTS, LOCATION, AND OPTIONAL ITEMS.

1.7 Resource Management System (RMS) IMPLEMENTATION PLAN

The Contractor shall furnish for review and acceptance by the Government, not later than twenty (20) calendar days after receipt of Notice To Proceed, the plan for implementation of the RMS System.

Specifications, Cont.

Submittals include all preconstruction documentation, shop drawings, product data, samples, letters of certification, tests, plans, and other engineering information that may be required for quality control and quality assurance. A construction contract requires the contractor to furnish a specified quality of construction, including materials and equipment used in the work.

Government approval is required for submittals that are critical to ensure that the government receives the quality specified in the contract.

The government is responsible for developing the list of submittals required for each project to show bidders, proposers, and contractors the minimum information that must be submitted. The level of detail and comprehensiveness of this list will vary depending upon the method of delivery, the type of project, the complexity and criticality of design features, and other factors.

submittals

Section 01 45 00.00 10

3.2 QUALITY CONTROL PLAN

Submit no later than 14 days after receipt of notice to proceed, the Contractor Quality Control (CQC) Plan proposed to implement the requirements of the Contract Clause titled "Inspection of Construction.“ The Government will consider an interim plan for the first 30 days of operation. Design and construction will be permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. Work outside of the accepted interim plan will not be permitted to begin until acceptance of a CQC Plan or another interim plan containing the additional work.

QUALITY CONTROL PLAN

01 30 00

1.13 PREPARATION OF AS-BUILT DRAWINGS (CONTRACTOR)

1.13.1 General

Upon completion of each facility/element under this contract, the Contractor shall prepare and furnish as-built drawings to the Contracting Officer. The as-built drawings shall be a record of the construction as installed and completed by the Contractor. They shall include all the information shown on the contract set of drawings, and all deviations, modifications, or changes from those drawings, however minor, which were incorporated in the work, including all additional work not appearing on the contract drawings, and all changes which are made after any final inspection of the contract work. In the event the Contractor accomplished additional work which changes the as-built conditions of the facility after submission of the final as-built drawings, the Contractor shall furnish revised and/or additional drawings and drawing files as required to depict final as-built conditions. The requirements for these additional drawings shall be the same as for the as-built drawings specified in this paragraph.

AS-BUILT DRAWINGS

01 15 00.12 10

1.6 ACCIDENT PREVENTION

The Contractor shall comply with all applicable Host Government laws and with such additional measures as the Contracting Officer may find necessary in accordance with CONTRACT CLAUSE 52.236-13 entitled ACCIDENT PREVENTION (NOV 1991)-ALTERNATE 1 (APR 1984). Applicable provisions of the Corps of Engineers manual entitled Safety and Health Requirements Manual EM 385-1-1, will be applied to all work under this contract. The referenced manual may be obtained from the Contracting Officer's Representative at the jobsite or from the Middle East District at Winchester, Virginia.

ACCIDENT PREVENTION

01 15 00.12 10

1.7 RESPONSIBILITY FOR PHYSICAL SECURITY

Prior to mobilization, the Contractor shall submit his proposed means of providing project security to prevent unauthorized access to equipment, facilities, materials and documents, and to safeguard them against sabotage, damage, and theft. The Contractor shall be responsible for physical security of all materials, supplies, and equipment of every description, including property which may be Government-furnished or owned, for all areas occupied jointly by the Contractor and the Government, as well as for all work performed.

PHYSICAL SECURITY

AS MENTIONED, THE SPECIFICATIONS IS A LARGE TECHNICAL VOLUME THAT INCLUDES DRAWINGS AND OTHER DOCUMENTS REQUIRED FOR THE COMPLETION OF THE PROJECT. IT IS THE CONTRACTOR’S RESPONSIBILITY TO ABIDE BY ITS CONTENTS.

SPECIFICATIONS, cont.

Request for proposal (rfp) process Definitions System for Award Management (SAM) Site Visits Common Evaluation Factors

Presenter: Liz Tedrow

Best Value – provides the greatest overall benefit in response to the requirement

Bond - an instrument executed by an offeror or contractor and a second party (the SURETY) to ensure fulfillment of the contractor’s obligations

Rfp process - definitions

CAGE Code - The Commercial And Government Entity (CAGE) Code is a five-character ID number used extensively within the federal government. The NCAGE Code can be obtained directly from the Codification Bureau in their country

Contract – An agreement, enforceable by law, between two or more competent parties, to do or not to do something not prohibited by law

Rfp process – definitions (cont’d)

DUNS Number - Dun & Bradstreet (D&B) provides a D-U-N-S Number, a unique nine digit identification number, for each physical location of your business

- DUNS Number registration is FREE for all businesses required to register with the US Federal government for contracts or grants.

Source Selection – The process used in competitive, negotiated contracting to select the proposal that offers the best value to the Government

Solicitation – Any request to submit an offer (Request for Proposals) to the Government

Synopsis – A notice of contract awards and proposed acquisition actions published in the Government Wide Point of Entry https://www.fbo.gov/ - English Only

System for Award Management (SAM) - is the official, FREE on-line registrant database for the U.S. Federal Government.

Go to: https://www.sam.gov/sam/ Go to second page and create a user account Enter company data for each process

System for Award Management (SAM) SAM is the Official U.S. Government system that consolidated the capabilities of Central Contractor Registration (CCR), Online Representations and Certifications Application (ORCA), and Excluded Parties List System (EPLS).

There is no fee to register for this site. Entities may register at no cost directly from the SAM website located at https:www.sam.gov .

User guides and webinars are available under the HELP tab.

The FAR requires all prospective vendors to be registered in SAM prior to the award of a contract. No exceptions.

SYSTEM FOR AWARD MANAGEMENT

SAM is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.

There is no fee to register for this site. Entities may register at no cost directly from the SAM website located at https:www.sam.gov .

User guides and webinars are available under the HELP tab.

The FAR requires all prospective vendors to be registered in SAM prior to the award of a contract.

SAM: Mandatory Information Required DUNS number from Dun & Bradstreet, and the name and address associated with that DUNS (2 days) your CAGE Code, if you already have one (if you don't, one will be assigned to you during registration) your Electronic Funds Transfer information, such as your financial institution’s ABA Routing Number and your account number, with the bank phone or fax number you will be unable to submit your registration online unless all the mandatory information is provided.

Mandatory Information: Duns and Bradstreet # - cage code – Electronic Funds Transfer Info

You will not be able to submit your application if all info isn’t included.

Also ensure you make your SAM profile PUBLIC, not the Gov officials will not be able to access your information.

All DoD Contractors must be registered in SAM to receive a contract – Mandatory

Reduces the time it takes to award a contract.

Other Federal agencies interested in your company’s capabilities can see your business information.

Using your Dun and Bradstreet (DUNS) number for Past Performance information.

Why register your company

CAGE / NCAGE Commercial and Government Entity (CAGE) Code

NATO Commercial and Government Entity (NCAGE) Code http://www.dlis.dla.mil/ cage_welcome.asp https://eportal.nspa.na to.int/AC135Public/def ault.aspx 7-11 business days

REGISTRATION & IDENTIFICATION NUMBERS

ALL REQUESTS FOR PROPOSAL (RFP) DOCUMENTS AND AMENDMENTS ARE AVAILABLE FOR VIEWING AT THE FEDERAL BUSINESS OPPORTUNITIES (FBO) WEBSITE HTTP://WWW.FBO.GOV

IT IS THE OFFEROR’S RESPONSIBILITY TO CHECK THE WEBSITE FOR ANY AMENDMENTS.

THE FBO VENDOR USER GUIDE HAS INFORMATION & INSTRUCTIONS ON HOW TO UTILIZE FBO, ACCESSIBLE VIA THE FOLLOWING WEB URL:

HTTPS://WWW.FBO.GOV/DOWNLOADS/FBO_VENDOR_GUIDE.PDF

Solicitation and amendments

Purpose

Location Details

Badging/Site Access Requests

Review RFP Prior to Site Visit

Question and Answer Procedures thru projnet

Inability to Attend Site Visit

Proposal site visits Solicitation section 00 21 00

*NOTE: Formal Documents in English and HN Language

Technical Evaluation

Must have a valid license for conducting “construction works” in country for duration of the contract

Must have a valid license for conducting design, construction, maintenance and renovation works in sensitive areas for duration of the contract

Must be able to obtain a valid security clearance to perform work at proposed construction site Rfp process Evaluation criteria information Section 00 21 00 purpose

- demonstrate the experience of your company and your subcontractors to perform work similar to what is described in the solicitation (including the construction range specified in the RFP, i.e. $1M-$20M) Experience – source selection criteria examples

The experience at least has to be within the $1-$20M range but of course can be greater.

Contract Amount (U.S. Dollar Amount) $ Contract Award Date:_________ Contract Completion Date:

Contract Duration (Period of Performance):

Description of the Project’s Scope and Magnitude:

Details of your company’s role and activities during construction of the project: (describe your role in this project. Include whether your firm participated as a prime or as a subcontractor. SPECIFICALLY describe your roles and responsibilities in the design portion of the contract.

Discuss your company’s experience in addressing the following challenges:

- Hiring qualified laborers and maintaining a qualified workforce

- Application of United States and foreign laws that affect contract performance.

- Procurement and shipping of long lead items.

- Obtaining access to work locations, such as obtaining base access.

- Coordination with host nation authorities during contract performance.

- Compliance with contractual, administrative, and other Combatting Trafficking in Persons requirements.

Example: offeror’s construction experience information sheet

Local Conditions – Understanding geographic constraints, local labor market, laws, culture, local consultants and labor, potential material storage, shipping and logistics, site security, local storage of materials, lay-down area(s), weather factors and other unique requirements of the project

Licensing – Copies of current licensure in Kuwait. A non-Kuwaiti offeror must submit proof of a sponsorship agreement and plan to obtain licensure in Kuwait

Base Access – Describe understanding of the current process for securing access to both Kuwaiti military bases and U.S. military bases located in Kuwait.

Management/technical approach Selection criteria

Permits Requirements Design Build/Design Bid Build construction – your plan to obtain necessary permits

Subcontractor Management- Plan describes by name and position of all key subcontractors. Includes binding agreements

Organization – Describe management process to manage multiple projects countrywide

Quality Control – Capabilities to assure quality control by describing quality control approach

Management/technical approach Selection criteria (cont’d)

The RFP will indicate a construction range (ie $1M-$20M) so a plan describing how your company will manage that amount is important. And so your plan will contain a discussion of these elements.

Combined Technical/Risk Ratings

When we evaluate technical factors we usually use these different ratings to assess risk and of course if a proposal receives a red or unacceptable then too much risk exist and the proposal becomes unawardable.

Purpose: Describes how well the contractor performed work

Provide:

Past Performance Forms (REQUIRED) Letters of Recommendation Commendations Evaluations and/or Awards Past performance

We are going to ask you to provide these documents.

Past Performance forms must be for projects:

- at least 75% completed or complete

Past Performance has to be:

Recent – Within the last 5 years Relevant – A project that has similar level of activities as the subject solicitation describes in Factor 1, Experience

Past performance forms

And then we will ask you to send the past performance forms on to the person responsible for awarding the project to you. It could be an official at the Kuwait Defense Department or some other official but they will need to verify that you did good acceptable work. And then at some point we will contact that official for verification. You fill out the top and the official fill out the lower section.

NOTE: USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND RETURN IT TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH ITS PROPOSAL, AND IT MAY NOT DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE STRONGLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE U.S. GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.

Performance confidence assessments