Attachment_A_and_B_Financial_Standing_Quest_and_Calc_Self_Performed_Work.pdf

DEPARTMENT OF THE ARMY

UNITED STATES ARMY CORPS OF ENGINEERS

TRANSATLANTIC MIDDLE EAST DISTRICT

201 PRINCE FREDERICK DRIVE

WINCHESTER, VIRGINIA 22602-4373

Directorate of Contracting 5 September 2019

ALL OFFERORS

SUBJECT: Questionnaire - Request For Information For Purposes Of Conducting A Responsibility Determination In Accordance With FAR Part 9 And DFARS Part 209, Solicitation W912ER19R002 , Ca

Prior to award, in accordance with Federal Acquisition Regulation (FAR) Part 9 Contractor Qualifications, and Defense Federal Acquisition Regulations (DFARS) 209, the Contracting Officer must make the determination that the your firm is a responsible contractor and is eligible for an award.

Information Regarding Responsibility

Determinations of responsibility involve subjective business judgments that are within the broad discretion of the contracting agency. Put another way, Contracting Officers are vested with broad discretion in exercising the business judgment involved in a nonresponsibility determination.

This questionnaire is not an additional non-pricing factor; the information requested y to perform the contract (if awarded) rather than the acceptability of the offer presented. Your responses to this Questionnaire will assist the Contracting Officer in making their responsibility determination. To that end, it is the duty of the offeror to supply all necessary documentation to establish its responsibility.

with relationships to the offeror, including (but not limited to) affiliates, subsidiaries, principals, and key personnel. As a result, in some cases, this Questionnaire seeks information regarding individuals that are connected to the offeror (generally key personnel, principals, etc.) as well as information regarding the o corporate relationships (generally affiliated concerns, subsidiaries, etc.). As such, see FAR

19.001 and 19.101 for definitions regarding affiliated concerns; and see FAR 52.209-5 -- Certification Regarding Responsibility Matters for definitions regarding offeror principals.

SUBJECT: Questionnaire - Request For Information For Purposes Of Conducting A Responsibility Determination In Accordance With FAR Part 9 And DFARS Part 209, Solicitation must be responsive on behalf of all entities which comprise the JV, including all JV

When responding to questions which have a fixed time period (e.g. a question that calculate the time period duration from the date that you submit your response to this questionnaire.

Be advised that this Questionnaire, or any follow up communication by the Agency regarding your response to this Questionnaire, does not constitute discussions, negotiations, or clarifications, as contemplated in FAR Part 15, as a competitive range has not been established.

to your response to this request, unless otherwise noted. Please be advised that all, or portions of your response to this request for information may be incorporated into the awarded contract, should award be made to your firm.

The Contracting Officer is not limited to your responses in making a responsibility determination. A Contracting Officer must determine a prospective contractor nonresponsible in the absence of adequate and timely information clearly indicating the contractor is responsible. Your inability or unwillingness to provide this information will be considered in making this responsibility determination, and may result in a finding of nonresponsibility.

Information Upon Which The Responsibility Determination Will Be Based

a) Complete and return:

1) Attachment A (Financial Standing Questionnaire) and

2) Attachment B (Calculation Of Self-Performed Work).

Contracting Officer with the price and non-pricing evaluation teams. Be cognizant that the self-performance totals reported on Attachment B are consistent with any similar responses in your price proposal, non-price proposal, and Representations and Certifications.

b) Provide a narrative (which does not exceed two pages) that states:

Responsibility Determination In Accordance With FAR Part 9 And DFARS Part 209, Solicitation

1)

2) h resources) to successfully perform the contract, considering all other outstanding obligations of the offeror; and

3) whether the offeror has ever petitioned a government body to have its debts restructured, forgiven, liquidated, or otherwise dispatched in an insolvency proceeding (e.g. filed for bankruptcy, or non-U.S.

jurisdiction, at any time in the past five (5) years, regardless of the ultimate resolution.

If the answer is in the affirmative relative to the filing of an insolvency proceeding, identify:

1) the country where the matter was filed;

2) the court in which it was filed;

3) the assigned case number;

4) the date of filing;

5) when matter was resolved; and

6) how it was resolved.

c) Provide a narrative (which does not exceed five (5) pages) based on your understanding of the specifications at 01 15 00.12 10, of those actions you will take in the first 30 days after issuance of Notice to Proceed (NTP), assuming award and NTP will occur on or around 15 November 2019. This is not a request for a fragnet schedule, but a request for a narrative. If an activity fulfills a specification requirement, please cite that requirement, where appropriate. At a minimum, your response must include:

1) Kickoff;

2) Obtaining Financial Security (Irrevocable Letter of Credit, etc.);

3) Defense Base Act Insurance;

4) Synchronized Pre-Deployment and Operational Tracker (SPOT);

5) Submittals; and

6) Schedule.

ci) Provide a list of all projects presently being administered by the offeror in Kuwait. For each identified project, provide:

1) the first and last name of a customer/client point of contact; and

2) valid email and telephone number for the individual identified.

Responsibility Determination In Accordance With FAR Part 9 And DFARS Part 209, Solicitation

Your response to this question does not negate the need to provide past -pricing factors. In addition to any projects identified above, the Contracting Officer may review pricing factor; the System for Award Management (SAM); the Federal Awardee Performance and Integrity Information System (FAPIIS); the Past Performance Information Retrieval System (PPIRS); and any other permissible source for past performance information.

e) Provide a narrative (which does not exceed five (5) pages) regarding the At a minimum, your narrative must address:

1) whether the offeror currently, or previously on any of its currently subcontractors or suppliers that have been unpaid for a duration longer than the time required by the contract for payment. If the answer is in the affirmative, explain why payments to subcontractors or suppliers exceed the contractually allowed for payment timeline;

2) whether the offeror has ever been contacted by a Contracting Officer, Administrative Contracting Offi Representative, or any other U.S. Government employee, regarding any Combating Trafficking in Persons (CTIP) concern. In your response, identify the issue, the resolution, and the contract number;

3) whether there have been any criminal convictions, in the last five (5) individuals identified as a Key Personnel in response to a non-pricing factor, and any person with any contractual authority on the resultant contract, if awarded; and

4) any findings or citations by a judicial body or regulatory entity that the offeror has committed a violation of law or regulation, in any jurisdiction, regardless of resolution, in the last five (5) years.

f) Provide evidence consisting of a commitment or explicit arrangement, that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel. To the extent that such a response includes a narrative, the narrative must not exceed five (5) pages. In lieu of a narrative, an offeror may provide signed written commitments from its key personnel, suppliers, and subcontractors, or a combination of the two.

Responsibility Determination In Accordance With FAR Part 9 And DFARS Part 209, Solicitation

g) Provide the names and Data Universal Numbering System (DUNS) numbers (if any) of a and affiliated concerns that will be used in the performance of the resultant contract, if awarded.

h) Provide the first and last name (and middle initial, if applicable) and job title of:

1)

2) any person identified as a Key Personnel in response to any non-pricing evaluation criteria, if such is required; and

3) any person with any contractual authority on the resultant contract, if awarded.

i) Provide the names, addresses, and DUNS numbers (if applicable) of each subcontractor presently intended for use in the performance of the contract.

For each subcontractor, include the first and last name (and middle initial, if applicable) of each of the subcontractor principals, as defined in FAR 52.209- 5 -- Certification Regarding Responsibility Matters, and any person with any contractual authority on the subcontract.

j) A copy of the o allows it to operate and perform the terms of this contract in Kuwait (as required by DFARS 252.225-7042 Authorization to Perform).

k) with the requirements at FAR 52.222-50 -- Combating Trafficking in Persons. In addition to the requirements at FAR 52.222-must:

1) identify the steps it will take to ensure that the CTIP provisions of the contract flow down to all resultant subcontracts; and

2) include a mitigation plan for the steps it will take when a CTIP violation allegation is made against it or any of its subcontractors, at any level.

Submission Requirements

Please complete the above requested information and submit your response with your proposal submission. Any change in the proposal submission date constitutes a change in the submission date for this response.

Responsibility Determination In Accordance With FAR Part 9 And DFARS Part 209, Solicitation

All documents submitted in response to this request should be submitted together as a tab in your price proposal.

In your response, please identify which documents are responsive to which subpart; however the Contracting Officer is not limited to your identification and may use any submitted document in response to any subpart as (s)he deems appropriate.

The Contracting Officer may require that some or all of these responses be updated in advance of award, should your firm be chosen for award.

Should you have any questions please contact Kenneth Baker at Kenneth.G.Baker@usace.army.mil.

KENNETH G. BAKER

Contracting Officer

Attachments:

A - Financial Standing Questionnaire B - Calculation of Self-Performed Work

ATTACHMENT A - FINANCIAL STANDING QUESTIONNAIRE

Source Selection Information See FAR 2.101 and 3.104 qualification, responsibility, and financial standing. Prior to awarding a contract, per Federal Acquisition Regulation (FAR) Part 9, the Government must determine, through acceptable evidence, that an offeror has adequate financial resources, or the ability to obtain the financial resources, to perform the contract. The substantive answers in Attachment A are Offerors should obtain a bank stamp or seal AND signature of the referenced individual on the questionnaire. Failure to provide the requested information may render proposal non-responsible, and removed from competition.

GENERAL INFORMATION (to be completed by the contractor):

and address:

Point of Contact:

Telephone:

Email:

Solicitation number:

RESPONDENT INFORMATION (to be completed by an authorized Financial Institution representative):

Full Name and Title:

Name of Financial Institution:

Address:

Telephone/Fax:

Email address:

Source Selection Information See FAR 2.101 and 3.104

1. Does the contractor have an active account(s) with your financial institution? If yes, how many?

2. How long have the account(s) been active?

3. What are the account(s) average balance (digits only)?

4. How many returns (insufficient funds) has the contractor had in the last 12 months?

5. Does the contractor currently have outstanding loans? If yes, a) how many; b) what are the balances due on those loans (digits only); and c) is the contractor making payments in accordance with the terms of the loans?

Source Selection Information See FAR 2.101 and 3.104

6. In the last 12 months, has the contractor been able to meet its financial obligations on time?

7. Does the contractor have a line of credit? If so, a) what is the credit limit (digits only); and b) how much credit is presently available for use (digits only)?

If you need additional space to respond, please indicate that additional documentation was provided in response your above answers.

Certificate of Authority

I, ______________________ certify that as ______________________ of (insert name) (insert job title)

______________________ I am duly authorized to execute this form.

(insert corporation name)

Signature _______________________________________ Date ___________

(Financial Institution Seal/Stamp)

ATTACHMENT B - CALCULATION OF SELF-PERFORMED WORK

Use the following format to identify and calculate cost of the work to be self-performed. Various definitions which may be helpful in completing this form can be found on page 2, below.

A. Clearly describe the work to be self-performed:

B. Show Calculation of Self-Performed Work:

B.1 Total bid price: $ B.2 Subtract contractually-required design costs, if any: $ B.3 Subtract G&A, home office overhead, prime contractor's markups for profit, bond, DBA insurance, etc.:

B.4 Total amount of work to be performed under the contract: $ B.5 Work to be self-performed (Includes mobilization and utilization of owned or rented plant and equipment to be operated by the prime contractor's own employees; only those materials which will be both purchased and installed by the prime's own forces; labor associated with those aforementioned materials or equipment; only those supplies to directly support work performed by the contractor's own employees; and the contractor's own job overhead costs.):

B.6 % Self-performed work = Line B.5/ Line B.4 X 100% = % %

I certify that the above information is current, accurate and complete to the best of my knowledge and that I have the authority to provide the information requested on this form.

DATE NAME

POSITION, COMPANY

ATTACHMENT B - CALCULATION OF SELF-PERFORMED WORK

The following are definitions concerning self-performance of work by the Prime Contractor, in accordance with Section 00 72 00, FAR Clause 52.236-1, - PERFORMANCE OF WORK BY THE

CONTRACTOR.

"Self-performance of work", "On the site" and "Total amount of work to be performed under the contract" are defined below.

Self-performance of work equipment to be operated by the prime contractor's own (not subcontract) employees; only those materials which will be both purchased and installed by the prime's own (not subcontract) forces; labor associated with those aforementioned materials or equipment; only those supplies to directly support work performed by the contractor's own employees; and the contractor's own job overhead costs.

The following is NOT self-performed work for purposes of the clause: Prime contractor markups for profit, general and administrative overhead, bonds, or other indirect costs on self-performed or subcontracted work; "Owner-operated equipment", rental of plant or equipment for operation by subcontractors; purchase of materials for installation by subcontractors.

"On the site" includes the construction site(s) as well as off-site fabrication plant or other facilities necessary to manufacture assemblies or provide materials to be incorporated into the construction project.

Total amount of work to be performed under the contract" is comprised of all direct (variable, fixed, one-time and semi-variable) costs to the contractor, including jobsite overhead costs, to construct the project. It generally includes all self-performed work, as defined above, and cost of all supplies, materials and subcontracts. It does not include design costs, home or branch office overhead costs or prime c