Industry Day Coral Reef_Contracting Presentation.pdf

Gary Weir Chief, Procurement Section Jacksonville District July 2024

JACKSONVILLE DISTRICT

CORAL REEF INDUSTRY

DAY

Working Today to Build a Better Tomorrow

AGENDA

Contracting

(1) Jacksonville District and Mission Areas

(2) How to do business with USACE?

(3) FAR Part 13, 14, 15

(4) Evaluation Factors

(5) Information to Offerors

(6) Bids, proposals, Sources Sought Notice Responsiveness

(7) Responsiveness vs Reasonableness

JACKSONVILLE DISTRICT OFFICES AND BOUNDARIES

Navigation

Flood/Coastal Storm Risk Management

Ecosystem Restoration

Operations/Recreation

Contingency Operations

Real Estate

Military/Interagency & International Services

Regulatory

Deliver value to the Nation by anticipating needs & collaboratively engineering solutions that support national security, energize our economy, & increase resiliency.

OUR MISSION AREAS

NAVIGATION

FLOOD RISK

MANAGEMENT

ECOSYSTEM

RESTORATION

REGULATORY

OPERATIONS

LOCKS & DAMS

MILITARY SUPPORT

REAL ESTATE

CONTINGENCY

OPERATIONS:

EMERGENCY MGM’T

COASTAL STORM

RISK MANAGEMENT

HERBERT

HOOVER DIKE

OPERATIONS

AQUATIC PLANT

CONTROL

CONTINGENCY

OPERATIONS:

MILITARY

INTERAGENCY &

INTERNATIONAL

SERVICESREGULATORY

OPERATIONS

RECREATION

As of: 29 Jan 18/POC: Mike Rogalski CESAJ-PM

HOW TO DO BUSINESS WITH USACE?

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DOING BUSINESS WITH THE CORPS OF ENGINEERS

1. Know the mission and area of responsibility of USACE District.

2. Websites/social media– get smart on: www.beta.SAM.Gov, FPDS-NG, District websites, USASpending.gov

3. Take advantage of industry days, site visits and pre-proposals (free marketing).

4. Relationships – focus on relationships with the right people.

5. Familiarize yourself with DoD contracting regulations and procedures.

6. Consider Subcontracting opportunities.

7. Follow the money.

8. READ! READ! READ!

Working Today to Build a Better Tomorrow

JACKSONVILLE DISTRICT

FY22 TOP 10 NAICS CODES

SAM.GOV

Contracting

(1) Register your company in SAM

(2) Locate contract opportunities in SAM

+ No cost associated w/registration + Central repository for federal work + Multitude of different work requirements

More information and helpful links Government Contracting U.S. Small Business Administration (SBA) https://www.sba.gov/

Procurement Technical Assistance Centers (PTACs) https://www.aptac-us.org/

SAM.GOV

Contracting

SECTION 889

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1) Fill out 889 information within 52.212-3(v)

2) Applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off-the-shelf items.

3) Section 889(a)(1)(A) prohibits the Federal Government from procuring or obtaining, or extending or renewing a contract to procure or obtain “any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system,” on or after August 13, 2019, unless an exception applies or a waiver is granted.

4) Section 889(a)(1)(B) prohibits executive agencies from entering into, or extending or renewing, a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system unless an exception applies or a waiver is granted.

5) Department of Defense (DoD) a waiver extension to Section 889 (a)(1)(B) prohibitions for low risk Product Service Codes (PSC) through 30 Sep 2024.

6) Section 889(d)(2) Director of National Intelligence (DNI) with the authority to grant to the head of an agency a waiver of the prohibitations contained in Section 889 if the waiver is in the national security interests of the United States

SECTION 889 EXCEPTIONS

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(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

WAIVERS TO SECTION 889

File Name

Waiver packet to include:

- Cover memo w/HCA and Program Manager/Requiring Activity attestation of impact to national security

- Contractor laydown and phase-out plan (inclusive of risk mitigation to supply chain)

- Determination and Findings document

KO/PM Actions

1) Check PSC listing

- GREEN / proceed to award (expires 30 Sep 2020) / Document contract file w/MFR

- RED / determine if waiver will be pursued

2) Waiver Documents

- Obtain contractor representation, laydown and phase-out plan

- Submit packet through chain of command to ODASA(P) via TMT

Checklist

Does the laydown provide risk to critical technologies?

Does the laydown provide risk to transport or exfil of

CUI?

Does the laydown provide risk mitigation PO&AM to protect with RMF practices?

Does the offer provide a phase out plan for 889 B products to be complete phase out by 8/22?

Proceed to Waiver Process

SAM BOT EMAIL 889/FAPPIIS SCREEN SHOTS

FAR 13, 14, AND 15

EVALUATION FACTORS

INSTRUCTIONS TO OFFERORS

FAR 13, 14, AND 15

HISTORICAL BACKGROUND

Prior to the Federal Acquisition Streamlining Act (FASA) of 1994, there were two principle methods of contracting:

• Sealed Bidding (FAR 14)

• Contracting by Negotiation (FAR 15)

FASA added three new, streamlined methods:

• Acquisition of Commercial Items (FAR 12)

• Simplified Acquisition Procedures (FAR 13)

• Actions at or below the micro-purchase threshold

• $2,500 for service actions

• $10,000 for supply actions

• $2,000 for construction actions

FAR 13 – SIMPLIFIED ACQUISITION PROCEDURES

Purpose – FAR 13.002

The purpose of this part is to prescribe simplified acquisition procedures in order to-

(a) Reduce administrative costs;

(b) Improve opportunities for small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small business concerns to obtain a fair proportion of Government contracts;

(c) Promote efficiency and economy in contracting; and

(d) Avoid unnecessary burdens for agencies and contractors.

Thresholds

• FAR 13.000 prescribes policies and procedures for the acquisition of supplies and services, including construction, research and development, commercial products, and commercial services, the aggregate amount of which does not exceed the simplified acquisition threshold.

• FAR 13.5 provides special authority for acquisitions of commercial products and commercial services exceeding the simplified acquisition threshold but not exceeding $7.5 million ($15 million for acquisitions as described in 13.500 (c)), including options.

File Name https://www.acquisition.gov/far/part-13#FAR_13_500

Forms – FAR 53.213 and DFARS PGI 253.213-70 Solicitation:

• Request for Quote (RFQ)

• SF 18 or SF 1449

Amendment of Solicitation/Modification to Contract:

• SF 30

Award:

• SF 1449 or DD 1155

Key Notes:

• FAR 13.004 Legal Effect of Quotations

• FAR 13.003(g)

• May use any appropriate combination of the procedures listed in FAR Parts 12, 13, 14, 15, 35, and 36 (depending on anticipated dollar value of acquisition).

FAR 14 – SEALED BIDDING

What is Sealed Bidding?

Sealed bidding is a method of contracting that employs and invitation for bids (IFB) setting forth the Government’s actual, minimum requirements; submission of sealed bids; a public bid opening;

and award to the responsible bidder whose bid is responsive to the IFB and most advantageous to the Government, considering only price and priced-related factors (FAR 14.101).

Two-step sealed bidding is a variant under which the bidders first submit a technical proposal without any price information, and then those bidders who submitted acceptable technical proposals are invited to submit sealed price bids (See FAR Subpart 14.5).

Elements of Sealed Bidding – FAR 14.101

(a) Preparation of invitations for bids.

(b) Publicizing the invitation for bids.

(c) Submission of bids.

(d) Evaluation of bids.

(e) Contract award.

Forms – FAR 53.214 Solicitation:

• Invitation for Bid (IFB)

• SF 33 or SF 1447

Amendment of Solicitation/Modification to Contract:

• SF 30

Abstract of Offers:

• SF 1409 and SF 1410

Award:

• SF 33, SF 26 (see FAR 14.408-1(d)(1)), or SF 1447

FAR 15 – CONTRACTING BY NEGOTIATION

Types of Negotiated Acquisition – FAR 15.002Scope – FAR 15.000

A contract awarded using other than sealed bidding procedures is a negotiated contract (see 14.101).

(a) Sole source acquisitions. When contracting in a sole source environment, the request for proposals (RFP) should be tailored to remove unnecessary information and requirements; e.g., evaluation criteria and voluminous proposal preparation instructions.

(b) Competitive acquisitions. When contracting in a competitive environment, the procedures of this part are intended to minimize the complexity of the solicitation, the evaluation, and the source selection decision, while maintaining a process designed to foster an impartial and comprehensive evaluation of offerors’ proposals, leading to selection of the proposal representing the best value to the Government (see 2.101).

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Key Note:

• Best Value Trade Off (BVTO)

• Lowest Price Technically

Acceptable (LPTA) https://www.acquisition.gov/far/part-14#FAR_14_101 https://www.acquisition.gov/far/part-2#FAR_2_101

Best Value Continuum - FAR 15.101

Forms – FAR 53.215 Solicitation:

• Request for Proposal (RFP)

• SF 33, SF 1447, or OF 308

Amendment of Solicitation/Modification to Contract:

• SF 30 or OF 309

Award:

• SF 33, SF 26 (see FAR 15.509), or OF 307

EVALUATION FACTORS

FAR 12.301(c) FAR 15.304 Evaluation factors and significant subfactors.

(a) The award decision is based on evaluation factors and significant subfactors that are tailored to the acquisition.

(b) Evaluation factors and significant subfactors must-

(1) Represent the key areas of importance and emphasis to be considered in the source selection decision; and

(2) Support meaningful comparison and discrimination between and among competing proposals.

(c) When the use of evaluation factors is appropriate, the contracting officer may—

(1) Insert the provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, in solicitations for commercial products or commercial services (see 12.602); or

(2) Include a similar provision containing all evaluation factors required by 13.106, subpart 14.2 or subpart 15.3, as an addendum (see 12.302(d)).

File Name https://www.acquisition.gov/far/part-52#FAR_52_212_2 https://www.acquisition.gov/far/part-12#FAR_12_602 https://www.acquisition.gov/far/part-13#FAR_13_106 https://www.acquisition.gov/far/part-14#FAR_Subpart_14_2 https://www.acquisition.gov/far/part-15#FAR_Subpart_15_3 https://www.acquisition.gov/far/part-12#FAR_12_302

Technical Factors (Required to evaluate quality of product or service in every source selection)

• Technical Approach (LPTA or BVTO)

• Personnel Qualifications (LPTA or BVTO)

• Past Performance (LPTA or BVTO)

• Management Capability/Approach (BVTO)

• Proposal Risk (BVTO)

• Small Business Participation (BVTO)

• Small Business Utilization History (BVTO)

Price or Cost

• Required for every source selection

Vary from acquisition to acquisition. However, most Instructions to Offerors include:

• SAM registration/SAM information

• Freight on Board (FOB) information

• Place to fill-in information, such as:

• Contact information

• Tax ID number

• SAM Unique ID Number

• Submission requirements

• Basis for award

• Bidder inquiry instructions/information

BIDS, PROPOSALS, AND SOURCES SOUGHT

NOTICE RESPONSIVENESS

CONTRACTOR RESPONSIVENESS

AUDITS OF BIDS AND PROPOSALS

– Bids and proposals received by the Government are reviewed and audited to ensure responsiveness and compliance with the requirements of the solicitation.

– It is important to ensure bids and proposals contain all required information.

Elements to look out for:

Volume I (Technical Proposal)

– Project examples (required number minimum/maximum)

– Any signed letters of commitment

– Schedule

– Work Plan

– Contract Descriptions

– Performance (narrative explanation of each project)

– Subcontracts

– New corporate entities

– Past Performance Questionnaires (PPQs)

– Government contract points of contact

Elements to look out for:

Volume II (Price Proposal)

– Small Business Participation Plan, including level of small business participation relative to RFP goals.

– Signed SF-1442, SF-1449, etc.

– Acknowledge all amendments

– Bid schedule completed

– Reps & Certs

– Ensure SAM.gov profile is active.

SOURCES SOUGHT

SOURCES SOUGHT RESPONSES

Ensure your response includes all the required elements listed in the sources sought notice.

– Example projects

– Reference list for each of the projects submitted to include name, title, phone number and email address

– Your firm’s business size and type of small business if applicable with regard to the applicable NAICS code. 0

– Statement of intent to submit an offer/bid on the project when it’s advertised.

– Bonding capacity (if applicable)

– Cage Code and SAM.gov Unique Entity ID (UEI)

RESPONSIBLENESS VS RESPONSIBILITY

RESPONSIVENESS VS RESPONSIBILITY

Responsiveness The terms “responsive” and “responsible” are sometimes confused. Responsiveness refers to the contractor providing what the Government asks for in a solicitation.

– If the solicitation calls for a component made of copper but the bidder offers one made of tin, the bid is considered nonresponsive.

– If the Government requires delivery in 5 days but the bidder offers delivery in 30 days, the bid is likewise deemed nonresponsive.

RESPONSIVENESS VS RESPONSIBILITY

Responsibility A responsibility determination signifies that the Government has judged the contractor to have the means and ability to complete the contract in question. FAR 9.104-1 covers the general standards for a contractor to be determined responsible, including:

– Have adequate financial resources to perform the contract, or the ability to obtain them.

– Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments

– Have a satisfactory performance record

– Have a satisfactory record of integrity and business ethics

– Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them

– Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them and

– Be otherwise qualified and eligible to receive and award under applicable laws and regulations

DORA BOT

RESPONSIBILITY

Army contracting officials use the Determination of Responsibility Assistant (DORA) bot to assist in determining contractor responsibility or non responsibility.

The bot pulls information from SAM.gov and the Federal Awardee Performance and Integrity Information System (FAPIIS), which was integrated into SAM.gov.

The bot will alert contracting officials of any results that require additional review including prior contract terminations.

FOR MORE INFORMATION

U.S. Army Corps of Engineers | Jacksonville District http://www.saj.usace.army.mil/

On Facebook www.facebook.com/JacksonvilleDistrict On YouTube! www.youtube.com/JaxStrong

On Twitter www.twitter.com/JaxStrong On Flickr www.flickr.com/photos/jaxstrong

Useful Restoration Sites:

www.evergladesrestoration.gov www.sfwmd.gov http://www.saj.usace.army.mil/ http://www.facebook.com/JacksonvilleDistrict http://www.youtube.com/JaxStrong http://www.twitter.com/JaxStrong http://www.flickr.com/photos/jaxstrong http://www.evergladesrestoration.gov/ http://www.sfwmd.gov/

BUILDING STRONG®

FOR OFFICIAL USE ONLY

DISCUSSION

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