PreProposal_Slides_FY16_Romania_MATOC.ppt

US Army Corps of Engineers

BUILDING STRONG®

U.S. Army Corps of Engineers Europe District

PRE-PROPOSAL CONFERENCE

FY16 ROMANIA MULTIPLE AWARD

TASK ORDER CONTRACT (MATOC)

SOLICITATION W912GB-16-R-0013

25 February 2016

Agenda

Welcome - Solicitation Information Robert Corkrum, Contracting Specialist

How to fill out proposal Derek Cudd, Project Manager

Legal Matters Jay Aldridge, Counsel

Fiscal Year (FY) 16 Romania Multiple Award Task Order Contract (MATOC) Pre-Proposal Conference

Please sign in Turn off cell phones Ask questions and follow up with email. All questions must be submitted in writing and will be answered via an amendment that will be posted on www.fbo.gov .

Slide *

Make sure people sign in and turn off cell phones.

Disclaimer Information Provided During Pre-proposal Conference Any remarks or explanations provided during this Pre-proposal Conference are for general information and will not change the terms and conditions of the solicitation.

Any changes resulting from the conference or responses to questions received will be done in writing by the issuance of amendments.

Contracting Officer Authority Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of a contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of a contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

CORs cannot change the contract in terms of time or money They can only enforce what is written in the contract Slide *

Who Do I Contact In Contracting?

Robert Corkrum(Contract Specialist) Telephone: +49 611 9744 2235 Robert.e.corkrum@usace.army.mil

Jeffrey Harrington (Contracting Officer) Telephone: +49 611 9744 2660 Jeffrey.j.harrington@usace.army.mil

U.S. 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

USACE Acquisition Instructions http://www.usace.army.mil/BusinessWithUs/Contracting/Resources.aspx

Federal Business Opportunities Announcement of Opportunities: The synopsis, solicitation and all subsequent amendments are posted through the Army Single Face to Industry (ASFI) to the Federal Business Opportunities (FedBizOpps) website below. It is the Offeror’s sole responsibility to obtain the solicitation and any subsequent amendments through this website. You must register to receive notices.

FedBizOpps Website http://www.fbo.gov

User guides are located under the “Getting Started” tab

Federal Business Opportunities

Type Solicitation or Name/ Number here and then press Search

Click here

Click on the Packages tab to access the Zip file

Opens the document in a separate browser window Allows the document to be downloaded as a zip file

System for Award Management Mandatory Registration in SAM: The Federal Government mandates that a contractor be registered in the System for Award Management (SAM) database prior to the award of a Federal contract. Federal Acquisition Regulation (FAR) clause 52.204-7 states that in order to do business with the Government, the contractor must be registered in the SAM database. Firms interested in doing business with the Federal Government should now visit the “System for Award Management (SAM)” website, which consolidates Federal procurement systems such as CCR and ORCA. The JV must be registered prior to award with a unique Duns and Bradstreet Number and CAGE Code. You can not use one of the JV partner’s registration.

https://www.sam.gov/

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

Note: All CCR data has been migrated into SAM. If already registered, please wait to create an account in SAM until a month prior to your registration expiration.

DUNS Number Obtain a Data Universal Numbering System (DUNS) Number:

If you do not have a DUNS number, contact Dun and Bradstreet to obtain one.

http://www.dnb.com

CAGE Code Obtain a Contractor and Government Entity Code (CAGE):

The CAGE code is a required piece of data for registering in the System for Award Management (SAM). If you are a vendor located in the United States and do not have a CAGE code, a CAGE code will be assigned to you when you register in the SAM database for the first time.

CAGE Websites

The CAGE welcome information page is at: http://www.dlis.dla.mil/CAGE/cage_welcome.aspx

What is a MATOC?

Task Orders

Multiple Award Task Order Contract (MATOC)

MATOC

Period of Performance

Base Period of one year Four Option Periods of one year each Maximum Contract Value

$49,995,000 for the life of the contract Minimum Guarantee

$5,000 for the life of the contract base period and option periods

What do I need to Submit?

Section 00 21 00 “Instructions to Bidders/Offerors” of the solicitation outline the format for your proposals

Factor One (1) – Experience Factor Two (2) – Past Performance Factor Three (3) – Management Approach Phase II: Two (2) Volumes Required

Volume I – Technical Proposal Factor Four (4) – Design and Construction Capability Volume II – Price / Administrative Proposal Factor Five (5) – Price

Read pages 14 – 28 thoroughly

How Many Copies Do I need to Submit?

Phase I: Three Non-price Technical Factors One (1) Original and four (4) Copies and one (1) CD of Three Non-price Technical Factors.

Phase II: Two (2) Volumes Required

Volume I – Technical Proposal One (1) Original and four (4) Copies and one (1) CD of Factor Four (4) – Design and Construction Capability Volume II – Price / Administrative Proposal One (1) Original and four (4) Copies and one (1) CD of Factor Five (5) – Price

Reminder that volumes must be binders – not spiral or heat bound documents.

Please keep the Bid Schedule an Excel Spreadsheet with a PDF copy – the PDF will prevail.

TWO-PHASE SOURCE SELECTION PROCESS

The source selection process will use a two-phase approach as authorized under 10 U.S.C. 2305a. Phase I of the selection process will be evaluated against the factors in the solicitation. If a contractor’s proposal is considered among the highly qualified in Phase I (no more than five), they will be required to submit a Phase II proposal for evaluation.

Phase I Phase I: Three Non-Price Technical Factors

Factor One (1) – Experience Factor Two (2) – Past Performance Factor Three (3) – Management Approach Other Documents to be Submitted:

Letter(s) of Commitment for Key Subcontractors

Joint Venture Agreement (if applicable)

The name, address, telephone and fax numbers, e-mail addresses of the Point(s) of Contact with the authority to legally bind the Contractor.

Name, Address, DUNS, CAGE, and TAX Identification Number of the Contractor submitting the proposal.

Phase II Phase II Proposals will be evaluated on 2 factors (one non-price) Factor Four (4) - Design and Construction Capability Factor Five (5) - Price

Other Documents to be Submitted with Volume II Offer Standard Form 1442 Amendments Standard Form 30 Section 00 45 00 Representations and Certifications (System for Award Management (SAM)) Pricing Schedule

When are Proposals Due?

Proposals are due on or before

21 March 2016 15:00 hours Central European Time (CET)

If there is a change in the proposal due date, you will be notified by an amendment to the solicitation which you must acknowledge.

Late proposals will be handled in accordance with FAR 15.208(b)(1)

“LATE IS LATE”

What If My Proposal Is Late?

Late proposals are handled in accordance with FAR 15.208

Any proposal, modification, or revision, that is received at the designated Government office after the exact time specified for receipt of proposals is “late” and will not be considered unless it is received before award is made, the contracting officer determines that accepting the late proposal would not unduly delay the acquisition; and—

Where do I Deliver my Proposal?

Address:

U.S. Army Corps of Engineers Attn: Mr. Robert Corkrum & Mr. Jeffrey Harrington Konrad-Adenauer- Ring 39 65187 Wiesbaden, Germany +49(0)611 9744 2235 +49(0)611 9744 2660

Proposal Must be received at this location.

Proposal Delivery Location The location is guarded by security personnel.

The Security Personnel cannot accept proposals.

There may be delays due to security procedures.

Please Account for these Situations.

Don’t wait until the last minute to deliver proposals. Late is Late.

15.208 -- Submission, Modification, Revision, and Withdrawal of Proposals.

(a) Offerors are responsible for submitting proposals, and any revisions, and modifications, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Offerors may use any transmission method authorized by the solicitation.

Quality Offerors are advised to provide their

BEST PROPOSAL

in the first submission

What is the Best Value Determination?

Award will be made to the offeror whose total evaluated price and technical proposal provides the best value to the Government.

The Government reserves the right to accept other than the lowest price offer and to reject any or all offers.

What About Discussions?

The Government reserves the right to conduct discussions, if in the best interest of the Government.

The primary purpose of these exchanges is to maximize the Government's ability to get the best value, based on the requirements and evaluation factors stated in the solicitation.

Slide *

If discussions are held, all exchanges will be conducted in accordance with the regulations, policies and procedures established by FAR 15.306 and the U.S. Army Source Selection Guide.

The contracting officer establishes a competitive range before conducting discussions.

The competitive range consists of all of the most highly rated proposals.

Proposals are determined within the competitive range based on the evaluated price and other evaluation factors included in the RFP.

The number of proposals in the competitive range may be limited to the greatest number that will permit an efficient competition among the most highly rated proposals Establishing the competitive range:

Results in greater efficiency by limiting the number of offerors with whom discussions are held, Precludes offerors who have relatively weaker proposals from having to spend additional resources just to make their proposals competitive with the rest of the field.

After discussions, only Contractors still considered to be in the competitive range will be asked to submit a final revised proposal.

Basis for Award Subject to the provisions contained herein, award will be made to two (2) but not more than five (5) Offerors who are deemed responsible in accordance with the Federal Acquisition Regulation (FAR), conforms to the solicitation requirements, and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Best Value to the Government. This source selection approach, called Best-Value Tradeoff, includes an evaluation of all factors: experience, past performance, management approach, design capability and price.

Experience is slightly more important than Past Performance, Past Performance is slightly more important than Management Approach, Management Approach is slightly more important then Design and Construction Capability and when combined, the four technical factors are significantly more important than Price.

The Government reserves the right to award to other than the lowest proposed price. The greater the equality of technical proposals, the more important price shall become in selecting the Best Value to the Government. Unreasonably high or low proposed prices may be grounds for eliminating a proposal from the competition based upon an assessment that the Offeror does not understand the requirement or the Offeror has made an unreasonable proposal. The awarded contract will incorporate the successful Offeror's proposal to the extent it offers betterments and does not conflict with the Request for Proposal.

The sub-factors stated in management approach of management plan and execution plan are listed in descending order of importance.

Contract Award

What is a Debriefing?

Pre-Award – FAR 15.505

Post-Award – FAR 15.506 Slide *

PRE: (1) The agency’s evaluation of significant elements in the offeror’s proposal;

(2) A summary of the rationale for eliminating the offeror from the competition; and

(3) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed in the process of eliminating the offeror from the competition.

(1) The offeror may request a preaward debriefing by submitting a written request for debriefing to the contracting officer within 3 days after receipt of the notice of exclusion from the competition.

(2) At the offeror’s request, this debriefing may be delayed until after award. If the debriefing is delayed until after award, it shall include all information normally provided in a postaward debriefing (see 15.506(d)). Debriefings delayed pursuant to this paragraph could affect the timeliness of any protest filed subsequent to the debriefing.

(3) If the offeror does not submit a timely request, the offeror need not be given either a preaward or a postaward debriefing. Offerors are entitled to no more than one debriefing for each proposal.

Solicitation Instructions and How to Complete Proposal

Derek Cudd Program Manager

Proposal Format Basic Proposal Submission Requirements:

Typed In English Organized Tabs for Factors Phase I: Three Non-priced Technical Factors Factor One (1) – Experience Factor Two (2) – Past Performance Factor Three (3) – Management Approach Phase II: Two (2) Volumes Required Volume I – Technical Proposal Factor Four (4) – Design and Construction Capability Volume II – Price / Administrative Proposal Factor Five (5) – Price Failing to submit attachments or failing to complete properly, may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and speak with the Contracting Officer if the instructions are not understood.

JOINT VENTURES/Subcontractors Ensure that any Joint Ventures (JV) comply with the requirements and submit a JV agreement addressing all requirements stated in section 00 21 00. "***The authorized member noted in the Joint Venture Agreement shall sign the SF 1442 and the Bank Letter of Assurance or Bid Bond. Make sure to include as part of Phase I. ***".

If an Offeror wishes to be credited with the experience of a Key Subcontractor or supplier (i.e., a firm that is not the prime contractor or part of the JV) a letter of commitment signed by the Key Subcontractor and the prime contractor shall be submitted. The commitment letter shall be submitted even if the firm is in some way related to a JV Partner (for example, the Key Subcontractor is a subsidiary of a JV Partner, or a subsidiary of a firm to which the JV partner is also a subsidiary). If a letter of commitment is not submitted, the experience will not be considered. Include this information as part of Phase I.

Section 00 21 00 Proposal Format Phase I, Factor 1 – Experience Submissions Requirements:

For Factor 1 – Experience, Offerors shall submit two attachments, Attachment 1 and Attachment 2, detailing previous work experience projects meeting the requirements of this solicitation.

1.Information for completing Attachment 1 and Attachment 2:

a. Offerors shall complete an Experience Overview Sheet, Attachment 1, with a total listing not-to-exceed five (5) projects, performed within the last 6 years or currently being performed and at least 50% complete, that best represent the Offeror’s work experience required on this solicitation. If more than five projects are submitted, only the first five projects will be evaluated.

b. Offerors shall provide an Experience Information Sheet, Attachment 2, for each project listed on Attachment 1 Experience Overview Sheet.

Phase I, Factor 1 – Experience Submissions Requirements (continued):

2. Projects provided for experience should show the Offeror’s ability to manage multiple projects performed simultaneously. Projects also should show experience in performance in Romania; be between €50,000 and €10,000,000; and including the elements listed below. Offerors may submit higher valued contracts if there is a scope of work with a measurable performance period and measureable monetary value within a larger project. An example could be a single contract that includes separate facilities, or buildings, or phased construction. Offerors shall clearly describe this project and how it related to the overall contract. Smaller projects bundled into a larger project in order to meet this cost element are not considered relevant.

a. Renovations of buildings or barracks with detailed descriptions of all major building systems repaired or replaced;

b. New work – Construction of new buildings with detailed descriptions of the work;

c. Concrete and/or asphalt roads, pavements, airfield runway work;

d. Design-build construction projects.

Attachment 1

Attachment 2

FACTOR 1: EXPERIENCE

Evaluation Criteria:

The Offeror will be evaluated on the depth and the relevancy of the experience as submitted in the proposal in accordance with the following criteria:

a. Projects that demonstrate experience working in Romania will be considered more relevant.

b. Experience managing multiple projects performed simultaneously.

c. If Key Subcontractor or JV experience is submitted for evaluation purposes, project examples that demonstrate experience working with those Key Subcontractors and/or JV Partners are considered more relevant.

d. Projects with a cost of €50,000 to €10,000,000. Offerors may submit higher valued projects if there is a scope of work with a measurable performance period and measureable monetary value within a larger project. An example could be a single contract that includes separate facilities, or buildings, or phased construction. Offerors shall clearly describe this project and how it related to the overall contract. Smaller projects bundled into a larger project in order to meet this cost element are not considered relevant.

e. Projects that demonstrate experience in all the required categories listed in PROPOSAL FORMAT FOR FACTOR 1 – EXPERIENCE, Submission Requirements. Offerors demonstrating multiple projects with experience in multiple categories are considered more relevant than Offerors submitting one example.

Section 00 22 00 Evaluation Criteria

Factor 1 – Experience Evaluation Criteria (continued):

Offerors may provide projects completed within the last six (6) years or at least 50 percent complete. Projects considered relevant shall be completed or at least 50% complete; performed in Romania are considered more relevant; performed within the last six years; between €50,000 and €10,000,000; including the following trades.

a. Renovations of buildings or barracks with detailed descriptions of all major building systems repaired or replaced;

b. New work – Construction of new buildings with detailed descriptions of the work;

c. Concrete and/or asphalt roads, pavements, airfield runway work;

d Design-build construction projects.

For Projects that are not considered fully relevant, the Government will consider in its evaluation how the projects demonstrate various aspects of relevancy.

PHASE I Experience Remember to follow solicitation instructions ‘exactly’ Check that all criteria is met, or as much as possible Check that Attachment 1 and 2 (for each project) are filled out completely and accurately

Questions on Experience?

return envelope, official, or company stamp.

FACTOR 2: PAST PERFORMANCE

Submission Requirements:

The Past Performance Questionnaire included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 2, Past Performance. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 3), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Robert Corkrum via email at Robert.e.corkrum@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Section 00 21 00 Submission Requirements

Factor 2 – Past Performance Submission Requirements (continued):

Offerors may provide projects completed within the last 6 years or current projects at least 50 percent complete. PPQ’s shall be provided for each project submitted under Factor 1-Experience. Offerors may also include performance recognition documents received within the last five years, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, JV, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

Attachment 3 Slide *

Firm Name:

Address:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number: CAGE Code:

DUNS Number:

2. Work Performed as: ❑ Prime Contractor Percent of project work performed:

Contract Number:

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

conditions, etc.)

Name:

Title:

Phone Number:

Email Address:

Factor 2 – Past Performance (Evaluation Criteria)

There are two aspects to the past performance evaluation. The first aspect is to evaluate the offeror’s past performance to determine how relevant project work is, as described in Factor 1 Experience, for recent projects. The second aspect is to evaluate the offeror’s performance to determine a confidence assessment of the offeror’s performance. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future performance and have more influence on the past performance confidence assessment than past performance of lesser relevance.

Past Performance will be evaluated for projects completed in the last 6 years or currently ongoing (at least 50% complete).

Section 00 22 00 Proposal Evaluation

Factor 2 – Past Performance (Evaluation Criteria continued) The Offeror's past performance will be evaluated based on performance on projects submitted under Factor 1 Experience, to include the past performance of any Subcontractors or Joint Venture partners whose projects the Offeror may have submitted. Proposals will be evaluated based on the information provided and any other Past Performance information obtained by the Government. Past performance will be evaluated in accordance with the following criteria:

Factor 2 – Past Performance Evaluation Criteria (continued):

1. The Government reserves the right to verify statements the Offeror makes regarding its past performance to determine whether they are substantiated.

2. The Government will consider past performance information in evaluating overall risk associated with a particular Offeror. When evaluating these criteria, the following will be taken into consideration for evaluation purposes:

3. Unavailability of Past Performance Information: IAW FAR 15.305(a)(2)(iv), in the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available; the Offeror may not be evaluated favorably or unfavorably on past performance.

PHASE I Past Performance Fill in and include Attachment 3 for each project submitted under the Past Performance Tab.

Provide additional information, problems solved, letters of appreciations, final evaluations.

Questions on Past Performance?

Factor 3 – Management Approach Submission Requirements:

The Offeror shall submit a graphical description (an organization chart) of its planned organization structure for successful execution of the contract. The Management Approach shall include the following:

1. An organization chart (graph) that shows the lines of authority and communication for the execution of the contract and clearly shows the lines of authority of the Offeror’s Project Manager, Quality Control and Safety Organization, key positions, including all JV Partners and Key Subcontractors, when applicable. The chart shall identify all offices involved in this contract from the Offeror’s Headquarters to the Offeror’s site office(s), and how they are related. All positions shall be identified on the organization chart by title, organization, and physical location. The Project Manager, or the on-site person that communicates with the U.S. Government if the PM is not on-site, and any other personnel authorized to communicate directly with the U.S. Government shall be clearly identified.

Submission Requirements (continued):

2. A narrative description of the organization structure including roles, major responsibilities, and authorities of all JV Partners, Subcontractors, and key personnel shall be described. The position titles used in the narrative must match those used in the organization chart.

3. The Offeror’s plan for management and start-up of a task order for general building construction, with design build, with a total value of €1,500,000, including mobilization to the site; how to staff multiple field offices with key personnel currently employed by the prime, and/or JV, Subcontractor, and letters of commitments from additional personnel required to meet the minimum standards of the contract; and in general, work that will be done by the prime and that to be accomplished by subcontractors. Offerors are encouraged to become familiar with personnel requirements located in specification Sections 01 45 01 USACE Quality Control; 01 35 26 Health and Occupational Safety Requirements; and 00 73 15 General Requirements.

Evaluation Criteria:

Proposals will be evaluated for reasonableness, risk, and logic and the extent to which the proposal illustrates a basic understanding of managing the contract. In performing the evaluation, the Government will evaluate the following:

Whether the proposal clearly delineates lines of authority, and communication with the Government, on the organizational chart (graph) organized in a precise and logical manner, including all offices involved with the management of the contract, including Subcontractors and JV partners.

The proposal contains comprehensive descriptions of duties, roles, major responsibilities, and authorities for the PM, QC Manager, and Safety Manager, and other key personnel, including roles of authorities for Key Subcontractors and JVs presented as a logical approach to perform the work throughout the contract, The extent to which the proposal describes a reasonable and logical plan of simultaneous performance of two (2) task orders, illustrates a thorough understanding of multiple task order requirements, proposes personnel that meet the specification requirements, and provides subcontractor and personnel letters of commitment or Joint Venture agreements, when applicable.

Section 00 22 00 Evaluation Criteria

PHASE I Management Approach Check to ensure all required criteria is identified in the proposal.

Use the terminology required by the specifications.

Demonstrate knowledge of US Army Corps of engineers processes by reading the specifications and following the specification requirements.

Questions on Management Approach?

PHASE II, VOLUME II

DO NOT SUBMIT PHASE II, VOLUME II with Phase I submission.

Offerors evaluated as most qualified will be notified by the Contracting Officer to submit the Phase II Proposal Requirements.

PHASE II, VOLUME I

FACTOR FOUR (4) – DESIGN AND CONSTRUCTION CAPABILITY

Submission Requirements:

The Offeror shall submit their plan for obtaining Designer(s) of Record appropriate for the anticipated work that may be ordered under this contract. At a minimum the plan shall include the following:

1. Criteria for selection of the Designer(s) of Record

2. Certification requirement(s) for the Designer of Record within Romania.

3. Plan shall demonstrate offerors understanding of certification and registration requirements for construction companies in Romania and ability to meet these requirements.

PHASE II, VOLUME I

FACTOR FOUR (4) – DESIGN AND CONSTRUCTION CAPABILITY

Evaluation Criteria:

The Government will evaluate the Offerors plan for completeness, reasonableness, and logic and the degree to which the plan describes a viable strategy to execute design for an ordered project. The Government will evaluate the Offerors plan in relation to their design capabilities described below as follows:

1. Criteria for selection of the Designer(s) of Record

2. Certification requirement(s)

3. Plan shall demonstrate offerors understanding of certification and registration requirements for construction companies in Romania and ability to meet these requirements.

The Government will also consider the risk associated with the Offeror’s plan and the degree to which the plan describes a viable strategy to execute the project.

SUBMISSION REQUIREMENTS FOR PHASE II, VOLUME II

FACTOR 5 – PRICE

Submission Requirements:

Offerors shall submit the following:

Factor 5 – Price Submission Requirements:

1. Coefficients are a numerical factor that represents costs (indirect and direct costs) including profit not considered to be included in the UPB. The Contractor's coefficients shall contain all Contractor’s costs inclusive of profit, all overhead (to include home office and field overhead), labor burden, insurance, adjustments to listed prices, general and administrative expenses, subcontractor mark-up, mobilization and demobilization, and all other costs including, but not limited to, compliance with environmental laws, permits, preparation of reports, correspondence and documentation required by law or these specifications, tax laws, protection and/or moving of government property and engineering services. (Engineering services include those services that are incidental to construction, and completing submittals for construction work.) The coefficients shall also include costs necessary to interface with Government representatives, and coordination with occupants and other contractors as necessary.

2. Coefficient Categories Pricing Schedule is broken into three categories: Books Ordered Most Often; Books Ordered Often; and Books Ordered Less Often.

a. Books Ordered Most Often

Offerors shall propose a Coefficient for each book under the category “Books Ordered” Most Often. A weight factor of 8 shall be used for proposal evaluation.

b. Books Ordered Often

Only one Coefficient shall be proposed for the category of “Books Ordered Often”. The weight factor is based on an average of 6, which shall be used for proposal evaluation.

c. Books Ordered Less Often

Only one Coefficient shall be proposed for the category of “Books Ordered Less Often”. The weight factor is based on an average of 2, which shall be used for proposal evaluation.

The coefficients are proposed by Offerors as a numerical factor as an increase, (e.g., 1.10) or decrease (e.g., 0.95) to the UPB. Coefficients proposed on Section 00 10 00 Pricing Schedule are accepted upon award and shall be applied to prices in the correlating Unit Price Book when ordering Task Orders under this contract on a non-competitive basis.

3. Validity of Coefficients

Each set of coefficients for the base period and each of the four (4) option periods shall be valid and remain in full force for a minimum of 1 year, even if an option period is exercised prior to the 1 year period.

4. Completing Pricing Schedule

Offerors shall submit a completed Pricing Schedule as part of the Price Proposal Package. In addition to the completed Pricing Schedule, Offerors shall complete the Electronic Pricing Schedule which is part of this solicitation located on the internet solicitation site. The Electronic Pricing Schedule is in EXCEL format. Offerors shall enter proposed values in the appropriate labeled columns and return a completed ‘Hard Copy’ pricing schedule and an ‘Electronic Copy’ on an Offeror provided CD.

8. Currency

The Unit Price Book is based on Euro amounts. Contractors complete the Price Schedule utilizing the Euro for pricing purposes. However, the Government reserves the right to award Task Orders and make payments for the life of the base contract and all exercised options in either US Dollars or Euros.

FACTOR 5: PRICE

Evaluation Criteria:

An evaluation will be performed on the proposed Coefficients for the base period and all option periods. The evaluation will not be assigned an adjectival rating, yet it will be evaluated for completeness and reasonableness as follows:

1. Completeness - To be complete, the Offeror shall provide coefficients for all base and all option line items. The Government will assess the extent to which the proposed coefficients comply with the content and format requirements set forth in this solicitation.

2. Reasonableness - The Offeror's proposal is evaluated through price analysis techniques as described in FAR 15.404-1. For Price to be Reasonable, it must represent a Price that provides best value to the Government. The Offeror's proposed prices will be evaluated to determine reasonableness IAW with FAR 15.404-1(b) and FAR15.404-1(g). The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price which may include, but is not limited to, the following:

Volume II, Design Capabilities, & Price

Criteria for selection of the Designer(s) of Record, Design Certification requirement(s), Plan shall demonstrate offerors understanding of certification and registration requirements for construction companies in Romania and ability to meet those requirements.

Check to ensure line items are complete in Pricing Schedule Provide a hard copy and CD

Defense Base Act and Legal Matters

Jay Aldridge Office of Counsel

U.S. 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

Engineer FAR Supplement (EFARS) http://www.usace.army.mil/Portals/2/docs/EFARS.pdf

FAR Chapters FAR 35 Research and Development Contracting FAR 36 Construction & Architect-Engineering Contracts

FAR 37 Service Contracting

FAR 38 Federal Supply Schedule Contracting

FAR 39 Acquisition of Information Technology

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

CHOICE OF LAW (OVERSEAS)

(JUN 1997)

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

(End of clause)

52.000-4004 Immunity From Legal Process

(USEUCOM CLAUSE JUL 1966-E)

The contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to the performance of this contract by any subcontractor against the United States Government. The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the Disputes clause of this contract and in the United States Federal Statutes.

Breach United States law will apply to resolve any applicable claim of breach of this contract.

Subcontractor and Proposed Personnel

Prime Contractor Project Management

Compliance with Local Labor Laws

Compliance with Host Country Rules and Customs

The clause, “Compliance With Host Country Rules and Customs”, provides that the contractor is responsible for:

Adequately manning and staffing the project.

Obtaining any necessary visas, permits, clearances for workers.

The contractor assumes the risk and cost of obtaining the necessary labor to execute the project.

The U.S. Government will not compensate you if labor turns out to be more expensive than you expected.

This is true even if the reason for the added expense is a change in HN laws and regulations that increases your labor cost.

The U.S. Government may not have any influence over the HN in regards visas or work permits and may not provide any assistance.

Bonding Requirements

Award Process

Performance and Payment Bonds We understand there may problems obtaining Performance and Payment Bonds that match the FAR requirements. We are willing to make some accommodations that do not reduce our level of protection. Example:

If a bank is not a approved on the US surety list but is affiliated with a bank on that list and the bonding amounts are 100%.

Bid Protests

With the contracting officer (“agency protest”) With the Government Accountability Office (GAO) With the U.S. Court of Federal Claims (COFC)

Agency Protests

The protester must state the basis of protest It can be a simple letter to the Contracting Officer stating that a protest is intended

GAO Protests

http://www.gao.gov/legal/bids/bibreg.html

REA and Claims Regulations

Disputes Clause

Contracting Officer’s Decision

Claim Certification I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the contractor.

Contractor Appeal Option If the contractor does not agree with the COD, it has the right to appeal to either the Armed Services Board of Contract Appeals (ASBCA) or the Court of Federal Claims.

Armed Services Board of Contract Appeals (ASBCA)