09-R-0007 Pre-Proposal Meeting Minutes.pdf

Pre-Proposal Conference Meeting Minutes for the Contractual Segment

Presentation by Nikole May on December 9, 2008 at 10:00 AM at Sierra Army

Depot, Herlong, CA

On behalf of the Corps of Engineers, I’d like to welcome you to today’s Pre-proposal

Conference for Solicitation W91238-09-R-0007, titled “Water Treatment Facility.” My name is Nikole May. I am the primary point of contact throughout the solicitation process and contract award. My telephone number and email address are found in the synopsis that is posted on FedBizOpps and also in Section 00100-2 of the Request for

Proposal (RFP).

If you have any questions, whether contractual, technical, or otherwise, you must submit them via the Bidder Inquiry System. This database is being required to be utilized in an effort to ensure that unfair advantages are not given to anyone, even a perceived advantage. In order to submit a question, you will need to use the “Bidder’s Inquiry

Key”, which is a 12-digit pass-code found on page 00100-1 of the RFP. When a question is submitted, it is assigned to the appropriate individual for evaluation; once the evaluation is provided, the question/comment is then replied to and then becomes viewable by anyone, as long as they use the Bidder’s Inquiry Key to log in. As I stated earlier, by using this system a more appreciably level playing field is fostered. It may seem a bit cumbersome to some, but this is done so that everyone is able to see the questions and answers exactly the same. One note of caution: Questions will not be accepted in Bidder’s Inquiry System beginning 19 January 2009 days prior to the proposal due date. These Pre-proposal Conference Meeting minutes that I’m reading from right now and the sign-in sheet will be posted to the FedBizOpps website. When anything new is posted on FedBizOpps, our office will try to post a notice on

FedBizOpps indicating such. Therefore, I strongly encourage each of you to register to receive notification of changes to the solicitation on FedBizOpps.

I need to emphasize at this point that nothing said here today qualifies or changes the terms and conditions of the solicitation. The solicitation can only be changed by formal amendment (Standard Form 30) to the RFP.

So far, no amendment has been issued. However, an amendment will be issued to incorporate the partnering clause, correct the number of tabs in the price proposal table of contents, paragraph 4.2 in Section 00111-6, define the acceptance period, add the uranium analysis, correct the cost ceiling limitation, correct sheet C-0003, delete all references to design guide, and correct paragraph 2.3 of section 00111.

The purpose of my briefing today is to discuss the contractual aspects of the solicitation, with emphasis on the submission of your proposal and the evaluation process. We take the time to do this because many firms may not be familiar with the process we will be using, which is usually called either “competitive negotiation” or “best value trade-off source selection”. We have found from past experience that a small investment of our time, up front, greatly improves the quality and accuracy of proposals and reduces the likelihood that we will have to reject a proposal due to non-conformance with the solicitation’s submission requirements.

The information I’m going to review, and all information in the RFP, is very important.

The RFP procedures vary substantially from the sealed bidding/IFB process.

There will not be a public bid opening as occurs with Invitation for Bids, or IFBs.

Nonetheless, offers must be received by the specified time at the specified place.

Presently, offers are due by January 29th, 2009 by 3:00 PM Pacific Standard Time in our

Sacramento District office. There is no parking in our building, so if you plan to hand-carry your proposal on the due date, be sure to allow sufficient time to find parking and submit your proposal package to the individual in our building’s lobby at 1325 J Street.

We utilize a satellite clock for time accuracy and once the clock reaches 3:00 pm, any additional offers will be rejected in accordance with FAR 52.215-1. You are urged to pay attention to the Notes to the Pricing Schedule, which is spelled out on pages 4 and 5 of Section 00100 of the RFP.

Under a competitive IFB situation, after a bid opening the bids become public information. That is not the case in the RFP process. The only information you will receive during the evaluation process will pertain to your own proposal. We will not release the names of the firms that submitted offers. Even under the Freedom of

Information Act (FOIA), if RFP procedures are used, U.S. Code limits releasable information after contract award. Specifically, only the contract number, contract awardee and address, and contract amount is releasable; this is the same information that will be posted as an Award Announcement in FedBizOpps.

The RFP process takes much longer to get to an award than sealed bidding, since both price and technical evaluations are required. This solicitation requires a 90 day government acceptance period.

At this point, I’d like to go through the solicitation and point out areas of special concern based on commonly made mistakes, and the general organizational structure of the RFP.

TABLE OF CONTENTS

At the front of the RFP there is the Table of Contents, which lists the main sections of the

Front End of the RFP, along with the Attachments and Notes. Below these Notes is a separate Table of Contents for the Technical Specifications.

STANDARD FORM 1442

Beginning on the 3rd page of the RFP is the Standard Form 1442. This form is used for soliciting offers, submitting offers, and making the award. The bottom of the form provides the time and date set for receipt of proposals as previously discussed. It also indicates that an offer guarantee is required. The required amount is 20% of the total price, excluding options, but Not To Exceed (NTE) $3 million. It also informs you the number of days the performance and payment bonds must be furnished after contract award [each equal to 100% of the contract price. The second page of the SF1442

(technically the reverse side of page 1) is critical. In Block 14, you must enter your company’s name and address exactly as it appears in Central Contractor Registration

(CCR) and provide your CAGE code in the ‘Code’ block. Your telephone number is entered in Block 15. You must acknowledge all amendments (both Amendment number and date) in Block 19. Lastly, Block 20A is the typed or printed name of the individual authorized to sign the offer with their signature in Block 20B, and the signature date is entered in Block 20C. If you are a joint venture, partnership, or corporation, you must also complete the continuation pages, three and four.

PRICING SCHEDULE

Behind the SF1442 continuation sheets is the pricing schedule. Prices must be submitted for all items as indicated. Please verify your calculations…errors are too common. Excel is a wonderful program; however do not “round off” extended totals and use only two decimal places. Using more than two decimal places creates mathematical issues. As you look through the Pricing Schedule, please note that the project is structured with

Base Items and Option Items (Options 1, 2, and 3). Please note the last page of the

Pricing Schedule, as it contains notes that should be read and understood. For this acquisition, the HUBZone price evaluation preference WILL apply in accordance with

FAR clause 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns. The Small Disadvantaged Business (SDB) Price Evaluation

Adjustment will NOT apply to this procurement as it is currently suspended for DoD.

SECTION 00100

Section 00100 is next. The RFP includes the full text of the FAR and DFARS provisions pertaining to this solicitation as well as any local supplements. Please note that this section specifies that FAX and telegraphic offers will not be accepted (52.0214-4584, Page 00100-4). The provision at FAR 52.215-1, ‘Instructions to Offerors – Competitive

Acquisition”, which begins on page 00100-8, summarizes the rules of the source selection process that we will use. It should be read very carefully. Note that it says that you need to submit your best offer up front, as you may not get another chance. Also note that a proposal can be rejected by the Government if the pricing is materially unbalanced.

The provision 52.216-1, Type of Contract, (Page 00100-11) says the Government contemplates award of a “firm, fixed-price construction contract”.

SECTION 00111

PROPOSAL SUBMITTAL REQUIREMENTS, INSTRUCTIONS, BASIS OF AWARD,

AND EVALUATION CRITERIA

Section 00111 provides detailed instructions how to prepare and format your proposal for submission. In addition, it separates the Price Proposal Volume from the Technical

Proposal Volume and lists the respective submittals for each as Tabs 1 through 8 and

Tabs 1 through 5 respectively.

To reiterate, Section 00111 provides detailed instructions for preparing and submitting your proposal, which will consist of both a price proposal and a technical proposal. The technical and pricing proposals are to be submitted separately. You are required to submit one (1) original price proposal and no copies (Page 00111-5). For the Technical

Proposal, submit one (1) original plus six (6) copies (Page 00111-10). In addition, we need one complete copy of the technical proposal on Compact Disk (CD) in PDF format.

In preparing your offer, do not presume that the Government has any prior knowledge of your firm. Be sure to structure your proposal in strict compliance with the instructions in the solicitation. Use the specified formats exactly; doing so is to your benefit and will aid the Source Selection Board evaluators in reviewing your proposal. In some areas, we may be requiring very specific information in specified formats and with page limits in order to streamline the evaluation.

The following suggestions are provided to help you avoid making mistakes that could negatively impact your competitive standing:

- When submitting information using a specified format, you do not have to include the instructions we give you for completing each block in your submission. Just identify the block with the number and heading and provide the required information.

If you have any questions as to our intent, please enter your question in the Bidder’s

Inquiry System. Remember, Bidder’s Inquiry System will become inoperable 19 January

09, 10 days prior to the proposal due date, so please don’t delay entering your questions.

--If a Key Subcontractor provides information to you about their experience in a different format than what the solicitation requires, you are responsible to modify that information into the required format. If you just submit the information “as is”, more than likely critical information will be missing that could impact your evaluation results.

Beginning on Page 6 of Section 00111, the Price Proposal Volume is discussed. The format for the price proposal is shown as Tabs 1 through 8. Please ensure that the specified requirements are complied with.

Special Note for Unrestricted Procurements

The pre-award survey and the subcontracting plan often cause confusion, because there may be some overlap with the information required in the technical proposal. Include the appropriate information in both places exactly as specified in the RFP. The Price and

Technical Proposals are evaluated separately.

At this time, I’d like to briefly review the Technical Proposal Volume, which begins on

Page 00111-10. This is a critical page to understand because it identifies the format, contents and list of Tabs for the Technical Proposal Volume. Each Tab and its required content are identified on the subsequent pages. The Evaluation Factors are: 1) Concept

Design/Technical Approach; 2) Management Approach; 3) Experience and Capability; 4)

Past Performance; and 5) Socio-Economic Consideration. There are sample submission documents in the Appendix of Section 00111 that you can refer to when preparing your proposal.

Preface

Discussion of this submission begins on Page 00111-11. The preface introduces the team proposed to perform on this project with an introduction narrative and a summary list.

The narrative provides information about the Prime and Key Subcontractor(s) to include their role, authority, and major work elements they will perform.

Factor 1: Concept Design/Technical Approach

The information provided under this tab will include the offeror’s and proposed key subcontractor(s)’ design and construction approach and method to design-build a

Water Treatment Plant at Sierra Army Depot in Herlong, CA in sufficient detail to clearly demonstrate (1) the offeror’s understanding of the principal components described in the project specifications and drawings, (2) the proposed technology, (3) methods and techniques of construction, and (4) the offeror’s understanding of the site and other conditions that could impact schedule.

Factor 2: Management Approach

The Government is interested in how the Offeror plans to structure, organize, control, and manage this project. Of particular interest is the prime contractor’s plan to manage and direct the design and construction with respect to quality, timely performance of design deliverables, as well as on-site support, quality control, and the use of key subcontractors to obtain specialized expertise during construction.

Factor 3: Experience and Capability

The information provided under this tab will include the experience and capability of the offeror and proposed key subcontractors. The resumes and example projects will provide the primary basis for the Government’s evaluation of their qualifications and experience.

-- Design-build project management capability as a prime contractor on a construction project of similar type and scope;

-- Architect-Engineer capability to design a similar water treatment system; and

-- Capability of the firm(s) that will be performing the water/wastewater rehabilitation/repair construction effort; and

-- Capability of the firm(s) that will be performing greater than $1,000,000 worth of construction effort.

Do not submit projects as experience/capability that are not substantially complete.

Factor 4: Past Performance

The information provided under this tab will include the relevant past performance record of the offeror and proposed key subcontractors. Information other than that supplied by the offeror under this tab may be utilized by the Government in its evaluation of past performance.

Factor 5: Socio-Economic Consideration

Factor 5 has three parts; proposed small business participation, proposed historically black colleges and universities/minority institutions, and proposed certified small disadvantaged businesses. Provide the information using the sample format even if none are proposed. If no business found for the second and third part, follow the suggested language.

EVALUATION

Section 00111 includes information on how the price and technical proposals will be evaluated. Page 00111-2 through 3 states how the price proposal and technical proposal submissions will be evaluated.

Paragraph 2.3 on page 00111-2 is very important, as it gives the relative importance of technical and price considerations. In this solicitation, technical (non-price) factors, when combined, are approximately equal to price. The relative weighting of the technical evaluation factors and their relative weights are identified in paragraph 2.6 on

Page 00111-3. For this project:

Factor 1 – Concept Design/Technical Approach is the most heavily weighted factor.

Factor 2 – Management Plan is weighted equal to Factor 1.

Factor 3 – Experience and Capability is weighted less than Factor 2.

Factor 4 – Past Performance is weighted less than Factor 3.

Factor 5 - Socio-Economic Considerations is the least heavily weighted factor; it is weighted significantly less than any other evaluation factor.

How each Factor will be evaluated is described in more detail within each Factor’s requested information under the subparagraph entitled “Evaluation Criteria”. These subparagraphs explain how the Government intends to evaluate the proposals that are received.

In summary, we strongly recommend that you read and become familiar with this

Section. Refer to it often while preparing your technical proposal and then review it again before you finalize your technical proposal. Ensure that your technical proposal has accurately presented your company’s and your key subcontractors’ ability to successfully complete this project. Be sure that all required information has been provided, and prepared in the prescribed format, because with the exception of past performance, our evaluation must be based strictly on the information presented in your technical proposal. Omitted information could cause your proposal to be considered unacceptable, and therefore ineligible for award. Pay attention to the words “must” and

“shall”. If you fail to provide information the government tells the offeror he/she must or shall provide and he/she fails to provide it, it would likely result in a material omission and thereby a deficiency in the proposal.

You also need to be aware of the potential impacts of submitting excess information.

Excess information will NOT be evaluated. For example, if you were to submit three pages when only two pages were allowed, the third page would not be evaluated. This could have a major impact on your evaluation results if critical information is not considered because it was on the third page.

AWARD

Next I would like to briefly summarize the evaluation, selection, and award process.

Initially the price and technical evaluation of your proposal are done separately. This prevents the technical evaluators from being influenced by any pricing considerations.

After the conclusion of these two separate evaluations, the Contracting Officer will determine whether or not award can be made on the basis of initial offers. If this can’t be done, the Contracting Officer will determine the competitive range for the project. If and when the Contracting Officer determines the competitive range for the project, we will inform those offerors determined to be in the competitive range, that they are included in the competitive range for the purpose of discussions (negotiations). The competitive range will consist of the most highly rated proposals. When necessary, the competitive range can be further reduced for purposes of efficiency. Discussions may involve one, or multiple, revisions to an offeror’s proposal and could often include solicitation amendments. All firms still in the competitive range at the conclusion of discussions will be given the opportunity to submit a final proposal revision. But, I need to repeat… you need to submit your best offer initially. There may not be a second chance if you are eliminated from the competitive range on the basis of your initial offer.

The Contracting Officer will select for award the proposal which offers the best value to the Government, which may not be either the lowest priced offer or the offer with the highest technical rating. The decision will involve a comparison of the strengths, weaknesses, and risks in each proposal along with the prices offered. The award will be made to the Offeror that provides the best combination in the judgment of the Contracting

Officer.

SECTION 00600

REPRESENTATIONS AND CERTIFICATIONS

The next section of the solicitation is 00600, which contains the Representations and

Certifications that must be completed by each offeror. For Joint Ventures, separate forms must be submitted. The forms must be completed in their entirety and submitted with your pricing proposal. Please be very sure to correctly indicate the proper size status for your company.

SECTION 00700

CONTRACT CLAUSES

Section 00700 contains the FAR and DFARS contract clauses required by law and regulation. They are provided in full text. These clauses contain important information, including the following:

--The performance period is 540 calendar days after notice to proceed as identified on the

SF Form 1442.

--Performance and payment bonds, each equal to 100% of the contract price, will be required (FAR 52.228-15, page 00700-71). The successful offeror will be required to provide payment and performance bonds within 10 calendar days after award of the contract.

--Progress payments will be made monthly or more frequently based on percentage of work satisfactorily completed (FAR 52.232-5, page 00700-73).

--The due date for invoice payments is 14 calendar days after receipt of a proper payment request by the designated billing office (FAR 52.232-27, page 00700-77).

--The contractor is required to perform on the site, with its own organization, work equivalent to at least 20% of the total amount of work to be performed under the contract

(FAR 52.236-1, Page 00700-86).

-- Permits and Responsibilities (FAR 52.236-7, page 00700-89). This clause states that it is the contractor’s responsibility to obtain any necessary licenses and permits, at no additional cost to the Government. In addition, the contractor is responsible for compliance with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of work. Contractors are responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence; and contractors are responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

SECTION 00800

SPECIAL CONTRACT REQUIREMENTS

Section 00800 includes critical information, including the following:

--Security Requirements for Unclassified Contracts (FAR 52.204-4003, page 00800-2).

This clause identifies the requirements for those contractor or subcontractor employees requiring access to Automated Information Systems and also to foreign nationals working on the contract.

--Minimum Insurance Requirements (FAR 52.0228-4502, age 00800-5). This clause list the various minimum required insurance.

The Government intends to encourage the foundation of a cohesive partnership with the

Contractor and its subcontractors. The objectives are effective and efficient contract performance and intended to achieve completion within budget, on schedule, and in accordance with plans and specifications.

ATTACHMENTS

The attachments, which follow Section 00800, include the following:

• General Wage Determination (Davis-Bacon Act)

• Technical Specifications

This concludes my formal remarks. I need to remind you that all questions must be submitted via the Bidder’s Inquiry System, which will be unavailable beginning 19

January 2009 days prior to the proposal due date.

I would also like to remind you that anything discussed here today does not change the solicitation, unless incorporated into the solicitation by a formal amendment. This concludes our pre-proposal conference. I realize that your time is valuable and would like to thank you for your time to attend today, your attention and your interest in this project. We look forward to your proposals. We will now take a short break and meet in the parking lot to commence the site visit.