Kuwait_JOC_Pre-Solicitation_Conference,_10Apr19.pptx

PRE-SOLICITATION CONFERENCE

Solicitation #: W912ER-19-R-0004 Kuwait Job Order ContractING (JOC) Presented by:

U.S. Army Corps of Engineers Transatlantic Middle East District

10 April 2019 Holiday Inn Kuwait City, Kuwait

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 Shanda Weekes and Liz Tedrow who are contract specialists responsible for USACE contracts here in Kuwait. Liz is located in Winchester, VA and Shanda is located right here in Kuwait. Matthew Tilghman is also with us from our Office of Counsel who provides legal guidance to our teams in development and execution of projects here in Kuwait, and CPT Colin Sexton, Project Manager with a specific responsibility as being the Reachback PM for JOC.

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)…

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.

Kuwait joc pre-solicitation conference 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.

Kuwait joc pre-solicitation conference 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 Kuwait JOC.

This presentation and this JOC Pre-solicitation Conference 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 the forthcoming job order contract solicitation, 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.

JOB ORDER CONTRACTING (JOC) OVERVIEW

CPT Colin A. Sexton, PMP JOC Project Manager

JOB ORDER CONTRACTing OVERVIEW 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 Minor New Construction

Task orders priced using a unit price book (UPB)

Step 1 – Select JOC Contractor

Step 2 – Individual task orders negotiated with single JOC Contractor

TASK ORDER LIMITATIONS:

- The Minimum Task Order $2,000 and the Maximum Task Order is limited to $2,000,000. However, the maximum value is subject to increased based on changes to 10 U.S. Code § 2805. Unspecified Minor Construction

PROJECT LOCATIONS:

- Locations include but are not limited to Camp Arifjan, Ali Al Salem Air Base, Camp Buehring, Al Jaber Air Base, Camp Patriot, Udari Range, and Kuwait Naval Base JOB ORDER CONTRACTing overview – cont’d

Job Order Contract (JOC) – See AFARS 5117.90 Alternative contracting method to fulfill requirements for sustainment, restoration, and modernization (SRM) projects at installation level (post, camp or station), with an estimated value exceeding $2,000 but not exceeding the amount of SRM authority (currently $2 million).

Awarded to one contractor and individual task orders negotiated with single JOC Contractor using unit price book (UPB).

JOC provides an "on-call" contractor with a transparent competitive rate structure.

The contract to be performed is specified with a maximum annual contract value for unspecified quantity of delivery orders issued during the contract.

Job order contracting overview – cont’d

Difference from MATOC:

The solicitation for, Evaluation of, and Selection of a pool of contractors to whom proposals are solicited. Task Order Awards are made on a competitive basis to contractors under the MATOC.

Estimated $75 Million in contract capacity of 5 year contract ordering period (12 Month Base + 4 Optional Years)

Firm Fixed Price Task Orders

Contract by Negotiation, FAR Part 15 Selection based upon Best Value Tradeoff Negotiations/ discussions/ clarification permissible

NOTE: Any updates concerning Kuwait JOC Solicitation will be posted to FBO/ FedBizOpps.gov job order contracting overview – cont’d

Unit Price Book (UPB): The UPB for this JOC is currently under development by Michael Baker International (MBI) in conjunction with Gordian. Pricing of Materials, Labor, and Equipment in the UPB will be based on 2019 Market Research.

Non Pre-Priced (NPP) Items: Items of work not covered by the UPB that are 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.

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

PRICING

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 of measure and price

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

UNIT PRICE BOOK (UPB)

Contracting on the joc

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

JOC Limitations

Advantages of using JOC

Kuwait Job Order Contract

Registration & Identification Numbers

General Submission Information

Source Selection

Task Order Discussion topics

JOC cannot be used for:

Architect/Engineer requirements Design Build Interactive design/ specifications Services Contract Janitorial, landscaping, pest control Recurring work or maintenance Projects valued at $2,000 or less Joc limitations

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)

Minimum risk to the Government Advantages of using joc

Registration & identification numbers Presenter: Liz Tedrow

Provisions/ clauses require all contractors to register and maintain an active SAM entity registration in order to be eligible for contract awards, as described 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 be eligible for contract award resulting from this future JOC solicitation, 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.

Ref: RFP Section 00 21 00 - Instructions

System for award management

U.S. Federal Government mandates contractor registration in the System for Award Management prior to the award of a Federal contract.

How does your company register in SAM? Go to https://www.sam.gov/

The website contains a video overview briefing and user guides for assistance.

For Help with SAM or FBO, Contact the Federal Service Desk: www.fsd.gov

System for award management

Registrations & identification numbers

Enter DUNS Fbo registration

All Requests for Proposal (RFP) documents and amendment will be 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

SOLICITATIONS & Amendments

General submission information Presenter: Liz Tedrow

Pay special attention to stated proposal deadlines. Late proposals in nearly all cases will not be considered.

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

Proposals must be submitted following all instructions in solicitation.

Proposal submission

SPECIFICATIONS

UNIT PRICE BOOK (UPB)

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

OFFEROR 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)

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

PROPOSAL FORMAT AND CONTENT

Proposals must be submitted as hard copy, each file shall be clearly indexed, and logically assembled.

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.

SECTION 00 21 00 INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORs

Submission Requirements & Deadline Interested parties shall submit responses no later than the date specified on solicitation document.

The time & date of proposal receipt will be the received delivery time and date recorded by the Contract Specialist and Contracting Officer.

Price Proposal shall be submitted as one (1) original and three (3) hard copies. Offerors shall also provide one electronic copy on a CD.

Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to Offerors Competitive Acquisition (Jan 2004),” subparagraph (e).

General submission information

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

Bidder Inquiry Key: Provided in Solicitation

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 and 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.

Pre-Proposal inquiries via projnet

VOLUME 1, NON-PRICING (Technical) Proposal

Cover Letter

Joint Venture documentation/ agreement (if applicable)

Factor 1 Management/ Technical Approach documents

- Narrative describing the Offeror’s proposed management approach.

Factor 2 Construction Experience documents

- Include a completed Experience Information Sheet for each project.

Factor 3 Past Performance documents

- Completed CPARS records and/ or completed Past Performance Evaluation Proposal format – volume I

VOLUME II, Price Proposal

SF 1442 Solicitation, Offer and Award Form (and amendments) Offerors shall submit a completed Standard Form (SF) 1442 using a printed copy of the SF 1442 included in the solicitation. If applicable, Offerors shall also submit a completed SF 30 for each solicitation amendment, acknowledging all the amendments.

Completed Contract Line Item Number (CLIN) Schedule.

Offerors shall submit a completed price schedule, including proposed prices for all items for the base and all option years (schedule provided in Solicitation CLINs) Proposal format – volume II

Source selection Presenter: Shanda Weekes

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:

Factor 1 – Management/ Technical Approach Factor 2 – Construction Experience Factor 3 – Past Performance Factor 4 - Price, Unit Price Book (UPB) Coefficients

Relative Importance of the Evaluation Factors.

In accordance with FAR 15.304(e), all evaluated factors other than price, when combined, are approximately equal in importance to price.

Source selection approach

Relevant Construction Experience

Offeror’s management approach must be logical, feasible, and able to demonstrate a comprehensive understanding of the complexity of managing the contract.

FactOR 1: Management/ technical approach

Offeror’s experience will be rate on the basis of their experience in managing and executing projects that are similar in cost, magnitude, complexity, and function as the scope of work for this solicitation.

Factor 2: construction experience

RATINg and DESCRIPTION FOR technical FACTORS 1 AND 2

The Offeror’s past performance will be evaluated based on performance on projects submitted under Factor 2 Construction Experience, as well as other projects not submitted by the Offeror, to include the past performance of any Subcontractors or JV partners the Offeror may submit.

The Government’s past performance evaluation will include an assessment of past performance on any and all relevant past performance. This assessment will be based on consideration of all relevant facts and circumstances, including any trends in past performance.

FACTOR 3: Past performance

The Government may verify information provided by the Offeror with any source available and has the right to contact points of contact other than those listed by the Offeror.

In rating past performance, the Government may consider available past performance information on predecessor companies, or employment histories of key personnel, or committed subcontractors performing key elements of the project. While the Government may elect to consider data from other sources, the burden providing detailed, current, accurate and complete past performance information rests with the Offeror.

FACTOR 3: Past performance – cont’d

For Factor 3 evaluation purposes, the definition of a recent and relevant contract must meet following conditions:

The contract was awarded to the Offeror as the prime contractor. In the case of an Offeror that is a JV, the contract must have been awarded to either member of the JV as the prime contractor.

The contract was completed within the last six years of the issue date of the solicitation.

The contract is fundamentally for building renovations that include floors, doors, walls, windows, external facades, repairs to roofs; repair/ replacement of major building systems such as electrical, mechanical, HVAC, Civil Work, that includes concrete/ asphalt roads and pavements, earthwork, and drainage structures; and environmental work, such as hazardous material abatement and disposal.

PAST PERFORMANCE - Recent and relevaNT

Performance confidence assessments

Past Performance Questionnaire (PPQ)

STRENGTH:

An aspect of an Offerors proposal that has merit or exceeds specified performance or capability requirement in a way that be advantageous to the Government during contract performance.

WEAKNESS:

A flaw in the proposal that increases the risk of unsuccessful contract performance.

SIGNIFICANT WEAKNESS:

A flaw that substantially increases the risk of unsuccessful contract performance.

DEFICIENCY:

A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Source Selection Key definitions

Price will not be rated, but will be considered in establishing the competitive range prior to discussions (if held) and in making the final determination of best value. The Government will perform price analysis on all proposals received in accordance with FAR 15.404-1 to determine completeness, balanced pricing, reasonableness, and understanding of the work.

FACTOR 4 - PRICE

The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the Solicitation. In accordance with FAR 52.217-5, evaluation of options will not obligate the Government to exercise the option(s). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the Solicitation.

(ii) Comparison of proposed prices with the independent Government cost estimate.

(iii) Comparison of proposed prices with available historical information.

Factor 4: price – cont’d

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

PRICE FACTOR: COEFFicients

The solicitation shall explain the make-up of the government unit prices and specify what types of costs, as a minimum, must be covered by the coefficient(s). Offerors shall be asked to specify in their proposal what additional types of costs are included in their coefficient(s). The coefficient(s) proposed by the offeror and accepted by the government are incorporated in the JOC contract.

Understanding the contractor’s coefficient

Section 00 72 00 – Contract Clauses

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 THAT ARE INCLUDED IN EACH REQUEST FOR PROPOSAL OR SOLICITATION.

Commonly used 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 contract clauses - in detail

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.

contract clauses - in detail

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.

contract clauses - in detail

Each Task Order under the JOC will require proof of DBA insurance prior to NTP being issued.

Typically required within 15 days of task order award.

FAR 52.228-3 DBA Insurance

If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $XXX.XX for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

NOTE: EACH JOC TASK ORDER WILL HAVE ITS INDIVIDUAL LIQUIDATED DAMAGES AMOUNT.

FAR 52.211-12 Liquidated Damages Construction (Sept 2000) this section includes administrative clauses. 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 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 JOC TASK ORDER PROJECTS. IT IS THE CONTRACTOR’S RESPONSIBILITY TO ABIDE BY ITS CONTENTS.

VOLUME 2 – CONTRACT SPECIFICATIONS

Task order Presenter: Shanda Weekes

Joc TASK ORDER process overview

JOC TASK ORDER process – cont’d

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

Renovate Basketball Court

SAMPLE TASK ORDER

Each CSI Section:

Quantity x Unit Price x Coefficient = Total

Each CSI Section:

Quantity x Unit Price x Coefficient = Total

JOC Task ORDER OVERVIEW – cont’d

When prices for NPP items are negotiated and incorporated in a task order, this does not incorporate the item in the UPB for subsequent use as a priced item. To permit subsequent use under the UPB as a pre-priced item, repetitive NPP items must be incorporated by supplemental agreement to the JOC contract.

Non pre-priced (NPP) items: NPP items shall not exceed 10% of the pre-priced total of the task order unless approved by the Contracting Officer. Only the contracting officer can negotiate/approve non pre-priced item(s) in the task order.

All proposals shall be submitted in English.

JOC Task order overview – cont’d

The government is responsible for developing the scope of work. The government will not provide the contractor with detailed Task Order drawings for projects that do not require a design. For Projects that require actual design, the government will provide the contractor with the minimum design documents and drawings considered necessary to estimate, propose and construct these projects.

The Government will review the contractor’s task order proposal for completeness. The Government will negotiate with the contractor on the methods of construction, non pre-priced items (as applicable), performance times, and quantities. The contractor shall provide an individual present at all negotiations that have full authority to act for the contractor.

Before commencement of work under an individual task order, the Contractor shall confer with the Contracting Officer or the Contracting Officer's Representative and agree on a sequence of procedures; means of access to premises and building; space for storage of materials and equipment; delivery of materials and use of approaches; use of corridors, stairways, elevators, and similar means of communications, etc.

Delivery of materials and equipment shall be made with a minimum of interference to Government operations and personnel.

Contractor should confirm task order requirements with the Government as needed:

Confirm scope of work and quantities Review any qualifications and assumptions Review the scope as necessary Review the schedule Confirm start and completion dates Understand and mitigate impacts on existing operations and facilities Review safety concerns and requirements

Confirm JOC task order requirements

Contractor holds regular progress meetings with the Government on:

Safety Schedule Construction issues Submittals RFI’s

JOC Task order updates

Contractor at the completion of the project will perform the following tasks:

Walk the project at completion

Provide closeout documentation

Train the facility managers

Manage the warranty process

Final inspections

Topics in u.s. procurement law Presenter: Matthew S. Tilghman

Key things about working with the U.S. government

U.S. Government procurement law requires that contractors adhere to a level of formalism that, in some respects, can be very different than the way things are done for private-sector work.

When we have issued a solicitation, for the most part, we have to do, literally, what we say in the solicitation we are going to do.

Ways in which offerors seem to misunderstand this:

Failure to adhere to the instructions to offerors that are included in the solicitation This includes failure to address wills, shalls, and musts

Contractors often fail to understand how little room there is for negotiation of the terms and conditions of the contract after award.

Contractors sometimes follow direction from individuals who are not authorized to change their contracts.

Performance and payment bonds For the JOC

The financial surety requirements for the forthcoming Job Order Contract solicitation have not yet been determined. Read the solicitation very carefully to make sure you understand how to comply with it.

Failure to meet financial surety requirements leads to elimination of large percentages of offerors from competition in many of our procurements. It is often offerors that probably could meet our requirements if they understood them that are eliminated.

Think about financial surety requirements from very early—when you first consider participating in a procurement. Read the requirements repeatedly, and make sure the right team members are involved at the proposal stage.

If you encounter a close question or something that is unclear, use the vendor inquiry process; if necessary, raise it to the contracting officer some other way. We do not want you to fail, but contractors have often refused to be helped.

The balance of payments program

Set forth in DFARS Subpart 225.75.

Program applies to:

Supplies for use outside the United States and Construction to be performed outside the United States.

Relevant contract clause: DFARS 252.225-7044

Under the Balance of Payments Program, a contractor may use only domestic construction material for construction to be performed outside the United States.

Applies to acquisition of construction material for foreign military sales.

What is construction material?

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

The term also includes an item brought to the site preassembled from articles, materials, or supplies.

Emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when/how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

All of the same type of material—even if there are small differences—counts as one material.

What is “Domestic” construction material?

Domestic construction material means -

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if -

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(B) The construction material is a Commercial off-the-shelf (COTS) item.

What are the items for which nonavailability determinations have been made? They are listed in FAR 25.104.

Exceptions, Exemptions

The big one for little things:

If the value of all of a particular construction product to be used on the project is at or below the Simplified Acquisition Threshold, it is exempt. Currently, the threshold is $250,000.

Thus, the Balance of Payments Program does not apply to most construction materials.

In addition, the contracting officer may exempt listed items from the Balance of Payments Program before award. These are plugged into the clause as it goes into a particular solicitation.

These listed items may include bulk materials that it is impractical to ship from outside of the country of performance, other items that are impracticable to obtain from the United States or a designated country, and items for which compliant versions are not available.

Where are these exemptions found? At the end of the Balance of Payments clause.

Implications of noncompliance

If a contractor conceals or misrepresents a fact in order to pass-off noncompliant construction materials as compliant ones, that is procurement fraud and will be investigated as such. It may lead to termination for default, debarment, a civil judgment, and/or criminal prosecution.

If noncompliance was merely negligent, the contracting officer will require appropriate remedies. These can include removal of noncompliant materials, simply declining to pay for anything that does not comply with the contract requirements even if the contractor leaves it in place, and downward equitable adjustments.

Combating trafficking in persons (Based upon far 52.222-50)

When you submit an offer in response to a Middle East District construction solicitation, you agree (see FAR 52.222-56) that you:

Will not engage in any trafficking in persons or related activities, including but not limited to the use of forced labor, Have hiring and subcontracting policies to protect the rights of employees and the rights of subcontractor employees and will comply with those policies in the performance of your contract, and That you have notified your employees and subcontractors of their responsibility to report trafficking in persons violations by the contractor, contractor employees, or subcontractor employees, at any tier, and of the whistleblower protections available to them in the even they make reports.

Prohibitions in FAR 52.222-50 Forced labor

Involuntary servitude

Debt bondage

Procuring commercial sex acts

Destroying, concealing, confiscating, or otherwise denying access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses

Using misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment

Prohibitions in FAR 52.222-50

Using recruiters that do not comply with local labor laws of the country in which the recruiting takes place

Charging employees recruitment fees

Failing to provide return transportation or pay for the cost of return transportation upon the end of employment for an employee who is not Kuwaiti and was brought into Kuwait for the purpose of working on a U.S. Government contract or subcontract

Providing or arranging housing that fails to meet Kuwait’s housing and safety standards

Failing to provide an employment contract, recruitment agreement, or other required work document in writing

FAR 52.222-50 Requirements

Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of -

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract [In general, this goes in our contracts expected to be valued at $5.5 million or more], which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and (ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

For contracts with values of $500,000 or more to be performed outside of the United States, like the ones that we usually administer:

“The Contractor shall maintain a compliance plan during the…