A.07.23_Conference_Slides_16-R-0031.pdf

5/19/2016

BUILDING STRONGSM

WELCOME

Pre-Proposal Conference for Solicitation

W912GB-16-R-0031:

Design-Build New Kindergarten Obrez, Serbia

19 May 2016

BUILDING STRONGSM

Introduction

• Sign In Sheet for Attendance

• Questions

• As a courtesy to all attendees, request all cellular telephones are turned off

Slide 2

BUILDING STRONGSM Slide 3

Agenda

• US Army Corps of Engineers (USACE) Introductions

• Design-Build Process

• One Phase Source Selection

• Volume I

• Volume II

• Basis for Award

• Submitting Your Proposal

• Legal Brief

• Construction Brief

BUILDING STRONGSM Slide 4

Government Team

• Anthony Melicharek, Contract Specialist (Primary point of contact for questions)

• Jay Aldridge, Office of Counsel

• Shawntesha Ingram, Project Manager

BUILDING STRONGSM

Special Notice Any remarks or explanations given during this pre-proposal conference and site visit will not change the terms and conditions of the solicitation.

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

Slide 5

BUILDING STRONGSM

USACE Points of Contact

• Jeffrey J. Harrington, Contracting Officer

– E-mail: jeffrey.j.harrington@usace.army.mil

• Anthony Melicharek, Contract Specialist

– E-mail: anthony.r.melicharek@usace.army.mil

Slide 6

BUILDING STRONGSM

Design-Build Contract Process

Slide 7

BUILDING STRONGSM Slide 8

Design-Build Contract Process

• What is Design-Build?

– The contractor is responsible for both project design and construction under one contract

– It is the contactor’s responsibility to obtain all design documents and all local (Serbian) construction permits

E9

Slide 8

E9 Agenda does not match the slides.

E7CT9K2K, 11/9/2009

BUILDING STRONGSM

Design–Build Contract

• What are the Benefits?

– Contractor has the freedom to create a better product by having the ability to use experience to influence the design;

encourages builder innovation

– More control to correct items before the start of construction; thus ensuring that the project progresses smoothly

– Quicker delivery time (one contract for the entire project)

– Cost savings

– Grows local contractors

• Challenges

– Limited knowledge in the process and resistance to change

Slide 9

BUILDING STRONGSM

Project Program and Prescriptive Design in RFP

Design Build Process Chart

Slide 10

Receive Tasking

Develop Design SOW

Develop Design Build

RFP

Issue Solicitation

Evaluate Bids

Award Contract Contractor Develops 100% Design for Approval after Award

Contractor Uses RFP to Develop Proposal Based on His Own Design Concept.

BUILDING STRONGSM

Questions

Slide 11

BUILDING STRONGSM

One Phase Source Selection

Slide 12

• A One-phase source selection process will be used to evaluate the contractors for award.

BUILDING STRONGSM Slide 13

Volume I – Technical Proposal

BUILDING STRONGSM

Volume I – Technical Proposal

– Factor 1 – Experience

– Factor 2 – Past Performance

– Factor 3 – Management Plan

– Factor 4 – Qualification of Key Personnel

Slide 14

BUILDING STRONGSM

Factor 1 – Experience

• Offerors shall complete an Experience Overview Sheet, Attachment One (1), with a total listing not to exceed (NTE) three (3) projects, that best represent the Offeror’s experience performing work as required in this solicitation. If more than three (3) projects are submitted, only the first three (3) projects will be evaluated.

• Offerors must submit three (3) Experience Information Sheets, Attachment Two (2), one for each project listed on the Experience Overview Sheet, Attachment One (1). Projects provided should be construction projects performed by the Offeror within the last six (6) years (either completed or more than 50% complete) (Per RFP Date). All Experience Information Sheets must be filled out completely.

Slide 15

BUILDING STRONGSM

IMPORTANT

• The information provided on the Experience Information

Sheets will be used to evaluate the relevancy of each Offeror’s experience.

• Offerors are responsible for providing project descriptions in sufficient detail to permit evaluation of project relevancy.

• The project description must include the type of construction used (i.e. CMU block, pre-engineered steel, concrete panel, etc.).

Slide 16

BUILDING STRONGSM

EVALUATION

What Do We Want to See

• Projects that demonstrate experience working in Serbia and/or the Balkans will be considered more relevant.

• If Key Subcontractor or Joint Venture (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.

• Projects with a cost of $250,000 to $1,000,000. 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 that shows relevant experience. 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.

Slide 17

BUILDING STRONGSM

EVALUATION

What Do We Want to See

• Projects considered relevant shall be completed within the last six (6) years from the date of the solicitation or at least 50% complete by the date of this solicitation.

• Projects that demonstrate experience in the following trades:

• Renovation of buildings with detailed descriptions of all major building systems repaired or replaced;

• New Work – Construction of new buildings with detailed descriptions of the work;

• Design – Build construction projects;

Slide 18

BUILDING STRONGSM

EVALUATION

What Do We Want to See

• Architectural construction practices such as tile flooring installation; acoustical ceiling installation;

installation of doors and windows; patching and painting; installing insulation and plaster; roof repairs; and interior plumbing systems, including fixtures, drains, and piping.

Slide 19

BUILDING STRONGSM

EVALUATION

What Do We Want to See

• Earthwork to include geotechnical investigation, site grading, installation of pavements, parking surfaces, perimeter protection and landscaping.

• Demolition and disposal.

Slide 20

BUILDING STRONGSM

RELEVANCY

• Projects demonstrating experience in multiple trades listed above will be considered more relevant than those projects demonstrating one trade.

• For Projects that are not considered fully relevant, the Government will consider in its evaluation degree of relevancy.

• If more than the maximum of three (3) projects are submitted, only the first three (3) will be evaluated.

• An Offeror will not receive credit under this factor for the relevant experience of an individual or for key personnel experience proposed for this project. An Offeror should not submit base indefinite quantity contracts and multiple award construction contracts as projects, however, individual task orders under those contracts may be submitted as projects.

Slide 21

BUILDING STRONGSM

Attachment 1 – Experience Overview Sheet

Slide 22

Project Name Pr im e

Su b

Jo in t V en tu re

K ey

S ub co nt ra ct or

T ot al A m ou nt

Pr oj ec t S ta rt

D at e

Pr oj ec t C om pl et io n D at e

Lo ca te d in M ac ed on ia

R en ov at io n of E xi st in g

B ui ld in g

R ep ai r/R ep la ce m en t o f M aj or B ui ld in g

Sy st em s

(E le ct ric al , M ec ha ni ca l, H

V A

C

R an ge D ev el op m en t

C iv il W or k in cl ud in g R oa ds

, P av ed A re as

D ra in ag e

Sy st em s, an d

Ea rth w or k

SAMPLE:

Construct Range, Macedonia

X $ 450,000 1-Jul-09 1-Jul-10 X X X

BUILDING STRONGSM Slide 23

BUILDING STRONGSM

Slide 24

BUILDING STRONGSM

Factor 2 – Past Performance

• The Offeror must submit a Past Performance Questionnaire (PPQ), Attachment Three (3), for each of the three (3) projects that are submitted for evaluation under Factor One (1), Experience.

The completed Attachment Three (3) shall be included in the Offeror’s proposal under Factor Two (2), Past Performance.

Slide 25

BUILDING STRONGSM

IMPORTANT

• Offerors should follow-up with project owner points of contact / clients to ensure timely submittal of questionnaires.

• If the Offeror is unable to obtain a completed questionnaire from a client before the proposal closing date and time, the Offeror should complete and submit with the proposal the first page of Attachment Three (3), Blocks One (1) through Six (6), which will provide contract and client information for the respective project(s). Please ensure correct client telephone number(s) and email address(es) are provided.

Slide 26

BUILDING STRONGSM

EVALUATION

What Do We Want to See

• Relevancy and Confidence!

• The Offeror's past performance will be evaluated based on the performance on projects submitted under Factor One (1), Experience, and any other past performance information obtained and deemed appropriate by the Government.

Slide 27

BUILDING STRONGSM

EVALUATION

What Do We Want to See

– Quality

– Schedule/Timeliness of Performance

– Customer Satisfaction

– Management Personnel/Labor

– Cost/Financial Management

– Safety/Security

Slide 28

BUILDING STRONGSM

EVALUATION

What Do We Want to See

• Other Evaluation Criteria:

– Relevance of past performance

– How recent the project was performed

– Trend in performance

– Evaluation letters/certificates of appreciation

– Positive, or negative comments impacting performance

Slide 29

BUILDING STRONGSM

No Past Performance?

IAW FAR Part 15.305(a)(2)(iv), An Offeror with no 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.

Slide 30

BUILDING STRONGSM

Attachment 3 USACE Past Performance Questionnaire

Slide 31

BUILDING STRONGSM

Attachment 3 USACE Past Performance Questionnaire

Slide 32

1. QUALITY:

a) Quality of technical data/report preparation efforts E VG S M U N

b) Ability to meet quality standards specified for technical performance E VG S M U N

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E VG S M U N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

E VG S M U N

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract E VG S M U N

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes;

responsiveness to administrative reports, businesslike and communication)

E VG S M U N

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer? E VG S M U N

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/ PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force? E VG S M U N

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N

g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes

E VG S M U N

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program) E VG S M U N

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agreed price(s)? E VG S M U N

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client E VG S M U N

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

BUILDING STRONGSM

Slide 33

BUILDING STRONGSM

Factor 3 – Management Plan

The Offeror shall provide a management plan for the successful execution of this project. Organization Structure and Staffing and Execution are not sub-factors and will be evaluated as one complete factor.

Slide 34

BUILDING STRONGSM

Evaluation Criteria

– The Government will evaluate the clarity and strength of the overall organization, the structure and staffing to execute the entire scope of work. The Offeror is required to select and commit to design firms to achieve an “acceptable” rating. Joint venture participants’ contribution to the project should be included.

Slide 35

BUILDING STRONGSM

Evaluation Criteria

– The Government will evaluate the Offeror’s capability and intent to comply with the applicable requirements for self-performance of work by the prime contractor in accordance with FAR Clause 52.236-1.

Slide 36

BUILDING STRONGSM

Evaluation Criteria

• The Government will evaluate the integration of the design and construction firms and the staff during design and construction. The constructor must be actively involved in the design process.

Slide 37

BUILDING STRONGSM

Evaluation Criteria

• The Government will evaluate the Offeror’s understanding of the design process and the roles of the designers of record and the Government reviewers. The Government will evaluate the role of the designer in maintaining design integrity throughout the process, including its key roles during construction. Additional consideration will be given to a team that includes use of local subcontractors (e.g., the key subs for electrical and mechanical, the fire protection subcontractor, fabricators, etc.).

Slide 38

BUILDING STRONGSM

Evaluation Criteria

• Documentation: A maximum of 15 pages may be submitted. Any pages exceeding the 15 page limitation will not be considered as part of the proposal. Double sided pages are considered two pages.

The proposal shall be submitted on standard sized paper, 8 ½ x 11” or A4, with a minimum of an 11-point font type.

• May amend to 25 pages

Slide 39

BUILDING STRONGSM

Slide 40

BUILDING STRONGSM

Factor 4 – Qualification of Key Personnel

• The Government will evaluate the required information to determine how well the offeror identifies and demonstrates that its Project Manager and Designer of Record meet or exceed minimum qualifications necessary, which includes previous satisfactory experience in similar type work, to manage, control and perform the design, and to perform construction.

Slide 41

BUILDING STRONGSM

Factor 4 – Qualification of Key Personnel

• The Designer of Record must have at least one (1) year of design experience. The Designer(s) of Record must be able to certify designs under Serbian Construction Law, or describe how designs will be certified.

• The minimum experience requirement for the Project Manager is at least one (1) year construction and construction management experience. The offerors will be required to provide proof of either municipality or country-wide Serbian construction contractor registration. The minimum experience requirement for the Designer of Record is at least one (1) year of design experience. The proposal will be evaluated as to whether the Designer(s) of Record is registered/certified (a requirement), experienced and qualified.

Slide 42

BUILDING STRONGSM

EVALUATION

What Do We Want to See

• Provide resume for the Project Manager (PM) and Designer(s) of Record. Include key personnel, whether employed by the prime or by a design subcontractor. For each person provide a brief resume, using the Key Personnel Resume forms (Attachment 4) at the end of this section. The PM should be responsible for the design and construction of the project indicated in the solicitation and must have at least one (1) year construction and construction management experience. The Designer of Record must have at least one (1) year of design experience. The Designer(s) of Record must be able to certify designs under Serbian Construction Law, or describe how designs will be certified.

Slide 43

BUILDING STRONGSM

EVALUATION

What Do We Want to See

• Provide unequivocal letters of commitment from all proposed key personnel not currently employed by the Offeror, or subcontractors that make up team for this project if a team is used. Use form letter (Attachment 5) provided as a part of the solicitation.

Slide 44

BUILDING STRONGSM Slide 45

Volume II – Price / Administrative Proposal

BUILDING STRONGSM

Volume II Factor 5 – Price

• Proposal Costs:

– Insert prices for every line item on the price schedule

– All pricing must be in U.S. Dollars

Slide 46

BUILDING STRONGSM

Volume II Factor 5 – Price One (1) Base Item CLIN 0001 (A & B) – Design-Build New Kindergarten

Four (4) Option Items CLIN 0002 (A & B) – Option 1: Design-Build Classroom & Bathroom CLIN 0003 (A & B) – Option 2: Design-Build Kitchen CLIN 0004 (A & B) – Option 3: Design-Build Parking Lot CLIN 0005 – Option 4: Site Clearance & Demolition

Slide 47

BUILDING STRONGSM

Volume II Factor 5 – Price

• Base vs. Option Items

– Options can be awarded in any order or combination, or none at all

– The evaluation of price proposals will consist of all line items. The evaluation of options will not obligate the Government to exercise the option(s)

Slide 48

BUILDING STRONGSM

IMPORTANT

REMINDER-

Failure to complete all information may result in the Offeror’s proposal package being rejected after initial evaluation without further consideration.

Ensure you use the most current price schedule, including all issued amendments.

The Government does NOT intend to call you (open up discussions) for errors on the price schedule.

Slide 49

BUILDING STRONGSM

EVALUATION

What Do We Want to See

The Offeror's price proposal will be evaluated to determine reasonableness, completeness, performance risk and affordability in order to assess the Offeror’s understanding of the scope of work for the project.

Slide 50

BUILDING STRONGSM

Defense Base Act (DBA) Insurance

• Defense Base Act (DBA) Insurance Coverage: DBA coverage is required for work performed on this project by all contractors and subcontractors. DBA insurance is no longer priced separately and shall be included within the price proposal. You will be required to provide the insurance certificate prior to receiving the Notice to Proceed (NTP). Additionally, within 14 calendar days of the date of award, the contractor shall provide any required DBA insurance certificates.

• Defense Base Act (DBA) insurance is commercially available from carriers and self-insured employers authorized by the Department of Labor (DOL). The DOL table of authorized carriers and self-insured employers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

Slide 51

BUILDING STRONGSM

Slide 52

BUILDING STRONGSM

Basis for Award

Slide 53

BUILDING STRONGSM

Basis for Award Award will be made to one (1) Offeror, Responsible in accordance with the Federal Acquisition Regulation (FAR 9.1), Whose proposal conforms to the solicitation requirements, and is most advantageous to the Government based upon an integrated assessment of the evaluation factors

Slide 54

BUILDING STRONGSM

Basis for Award The proposals will be evaluated based on the five (5) evaluation factors; Volume I: Factor One (1) Experience, Factor Two (2) Past Performance, Factor Three (3) Management Plan, and Factor Four (4) Qualification of Key Personnel; Volume II: Factor Five (5) Price.

All non-price factors are of equal importance and when combined are approximately equal to price.

Slide 55

BUILDING STRONGSM

Basis for Award

The Government reserves the right to award to other than the lowest proposed price.

Slide 56

BUILDING STRONGSM

Slide 57

BUILDING STRONGSM Slide 58

Mandatory Registrations

BUILDING STRONGSM

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://fedgov.dnb.com/webform

Slide 59

BUILDING STRONGSM

SAM

Mandatory Registration in System for Award Management: The Federal

Government mandates that a contractor be registered in the System for Award Management (SAM) 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)”.

https://www.sam.gov/ The website contains a video overview briefing and user guides for assistance.

https://www.youtube.com/watch?v=9VPGVYPvch4&feature=player_embedded

Slide 60

BUILDING STRONGSM

CAGE/NCAGE Codes Obtain a Contractor and Government Entity Code (CAGE)/

North Atlantic Treaty Organization (NCAGE):

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. Companies outside the U.S. must register with the NATO Support Agency (NSPA).

NSPA Website https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

Slide 61

BUILDING STRONGSM

Note: You may still submit your proposal if not registered in SAMS. However, you must be registered prior to award if you are selected as a successful Offeror. If your Firm is not registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful SAMS registered Offeror.

IT IS IN YOUR BEST INTEREST TO START THIS

PROCESS NOW.

Slide 62

BUILDING STRONGSM

Note: The firm that is awarded the subject contract must have all pertinent Serbian construction licenses or a viable plan for obtaining them (i.e. Prime or Joint Venture). This is a requirement for the Prime Contractor.

Slide 63

BUILDING STRONGSM

Slide 64

BUILDING STRONGSM

Submitting Your Proposal

Slide 65

BUILDING STRONGSM

• The proposal shall be typed and submitted in English and easy to read.

• The proposal shall be organized, concise, and submitted in two volumes. Volumes shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

• Each volume shall be contained within a separate binder (or attachment).

• Each volume shall be identified by the solicitation number, volume number, and name, address, and telephone number of the prime Offeror on the cover.

• Each volume shall contain a table of contents and include at the bottom left side of each page the volume and page number.

Slide 66

Proposal Format

BUILDING STRONGSM

• Volume I: Offerors shall verify that the information for all forms submitted is current, correct, and complete including name(s) of the point(s) of contact (POCs), email address(es), and telephone number(s), for the three technical factors.

• Volume II: The Pricing Schedule shall be completed in full, including all base and option CLINs.

• Volume II: Offerors shall submit a signed Offer, Standard Form (SF) 1442 for this solicitation, including verification of all amendments received.

• Proposals shall completely and adequately address the requirements of this solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.

Slide 67

BUILDING STRONGSM

• Contractors are cautioned against submitting conditional proposals.

• Failing to submit attachments or failing to complete the proposal 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 instructions are not understood.

Slide 68

BUILDING STRONGSM

If applicable, required documentation:

A copy of the joint venture agreement in English, dually signed by each party, by an authorized representative of each firm.

More information regarding joint ventures can be found on Pages 15 and 16 of the solicitation.

Joint Venture Agreement

BUILDING STRONGSM

If an Offeror wishes to be credited with the experience of a key subcontractor or supplier (e.g. a firm that is not the prime contractor part of the joint venture), a letter of commitment signed by the key subcontractor and prime contract shall be submitted.

More information regarding joint ventures can be found on Page 17 of the solicitation.

Letter of Commitment

BUILDING STRONGSM

Proposal Package

• Volume I – Technical Proposal: Factor One (1) –

Experience, Factor Two (2) – Past Performance; Factor Three (3) – Management Approach; Factor Four (4) Qualification of Key Personnel; This shall include the following (If applicable): Letter(s) of Commitment, Joint Venture Agreement

• Volume II – Price / Administrative Proposal: Factor Five

(5) – Price; Submit BLA with Price Schedule Electronic Pricing Schedule;

Slide 71

E11

Slide 71

E11 Needs to be taken from the SSP.

BUILDING STRONGSM

Proposal Package

• Volume II- Price

– The pricing schedule shall be completed in full, including all options.

– Section 00 45 00 of the Solicitation, Representations and Certifications, fully completed

Slide 72

E12

Slide 72

E12 Needs to be taken from the SSP.

BUILDING STRONGSM

Bid Guarantee or Bank Letter of Assurance Information

• Bid Guarantee – Please refer to FAR Clause 52.228-1, Bid Guarantee (Sep 1996)

• Bank Letter of Assurance (BLA) – Please refer to Local Clause 52.000-4059, Letter of Assurance (RFP) (Sep 1993), and Sample Bank Letter of Assurance

Slide 73

BUILDING STRONGSM

IMPORTANT

• Complete Page 2 of the SF-1442, Blocks 14 thru 20

• This must be completed fully!

Slide 74

BUILDING STRONGSM Slide 75

* Contractors commonly neglect to fill out the amendment acknowledgement portion.

BUILDING STRONGSM

W912GB-16-R-0031

Offerors are to Electronically Submit their Proposals:

(NO e-mail submissions will be accepted)

Slide 76

BUILDING STRONGSM

Electronic Proposal Submission Proposals may be submitted utilizing the

AMRDEC SAFE

https://safe.amrdec.army.mil/safe.

File names shall be titled:

• Volume I: W912GB16R0031-CompanyName-VolumeI

• Volume II: W912GB16R0031-CompanyName-VolumeII

• See Pages 17 & 18 of Solicitation for more information on AMRDEC Submission

Slide 77

BUILDING STRONGSM

W912GB-16-R-0031

Proposals (Volume I & II) is due on

13 June 2016 14:00 Hours CEST

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

Slide 78

BUILDING STRONGSM

Proposal Submittal

• Any changes in the proposal due date will be made through an amendment of the solicitation

LATE is LATE!

Slide 79

BUILDING STRONGSM

Slide 80

BUILDING STRONGSM

Legal Briefing eel

Legal Briefing

Slide 81

BUILDING STRONGSM

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

Slide 82

BUILDING STRONGSM

Organizational Conflict of Interest

• FAR Subpart 9.5 Organizational and Consultants Conflict of Interest

– Causes an unfair advantage

– May not be able to compete as construction contractor if involved in part of the design

– Must be brought to Contracting Officer’s attention immediately if an actual or potential conflict of interest exists

Slide 83

BUILDING STRONGSM

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)

Slide 84

BUILDING STRONGSM

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.

Slide 85

BUILDING STRONGSM

Breach

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

Slide 86

BUILDING STRONGSM

Value Added Tax (VAT)

• By agreement between the Government of the United States and Serbia, the

United States is exempt from paying Value Added Taxes on goods or services associated with this project.

• Contractors are required to take all of the steps necessary as outlined in the solicitation to obtain reimbursement of VAT paid. This includes proper submission of reimbursement requests and all information necessary for the Government of Serbia to process reimbursement requests.

• This does not exempt the contractor’s responsibility to comply with Serbian legal requirements (such as registration with tax authorities).

• Contractor’s are responsible for the costs associated with complying with these requirements.

• The United States Government will assist in the process to the extent feasible and will provide the necessary notifications etc., in regards to this project.

• The United States is not responsible for delays in the reimbursement process and will not provide compensation to contractors if delays occur.

Slide 87

BUILDING STRONGSM

Subcontractor and Proposed Personnel

• When selecting contractors, prime contractors can receive credit for the experience, past performance and capabilities of a subcontractor provided the proposal includes a letter of commitment signed by both prime and subcontractor.

• A letter of commitment is not a contract, but it represents a commitment by the firms to work together if a contract is awarded.

• We expect firms to provide the subcontractors they specify in a letter of commitment.

• When a contractor specifies personnel by name in a proposal, we also expect those personnel will be provided.

• Substitutes are allowed only with Contracting Officer approval.

• Approval of substitution is given only where the proposed substitute is deemed by the Contracting Officer to be equal to the proposed personnel or subcontractor; this is a matter of Contracting Officer discretion.

Slide 88

BUILDING STRONGSM

Prime Contractor Project Management

• The U.S. Government contracts are with the prime contractors.

• We expect the prime to actively manage the project and ensure the work meets contract requirements and the U.S. Government will hold the prime contractors responsible for contract execution.

• When issues arise, we deal with primes, not subcontractors.

• The U.S. Government will enforce contract schedules and assessment of Liquidated

Damages if the schedule is not met.

Slide 89

BUILDING STRONGSM

Compliance with Local Labor Laws

• The U.S. Government is very concerned that laborers on our projects receive working conditions and wages in accordance with Host Nation laws and regulations

• There are some very important provisions in the contract that relate to labor:

• The clause entitled “Compliance With Local Labor Laws”, provides that contractors must comply with all host nation labor laws and regulations including laws and regulations relating to hours of work and compensation.

• Please be aware that this applies to subcontractors as well as the prime contractor – the prime contractor is responsible for ensuring that all workers on the project are properly paid, regardless of whether the workers are employed directly by the prime contractor, principal subcontractor or subcontractors at any tier. The Government will hold the prime responsible.

Slide 90

BUILDING STRONGSM

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.

Slide 91

BUILDING STRONGSM

Defense Base Act (DBA) Insurance

• Defense Base Act (DBA) Insurance Coverage: DBA coverage is required for work performed on this project by all contractors and subcontractors. No other insurance can serve as a substitute.

• Defense Base Act (DBA) insurance is commercially available from carriers and self-insured employers authorized by the Department of Labor (DOL). The DOL table of authorized carriers and self-insured employers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

• Refer to FAR Clause 52.000-4133 Workers Compensation Insurance (Defense Base Act) – Countries with Waivers (June 2014) for more DBA Insurance and how to obtain DBA Insurance.

Slide 92

BUILDING STRONGSM

Defense Base Act (DBA) Insurance

• Proof of DBA insurance MUST be received by the Contracting Officer prior to start of work, or issuance of the notice to proceed (NTP)

• Responsible for providing DBA insurance certificates within 14 calendar days of the date of award.

Slide 93

BUILDING STRONGSM

Miscellaneous Points

• The US acts through warranted Contracting Officers (KOs).

• Contracting Officers are assisted by Administrative Contracting Officers

(ACOs) and Contracting Officer’s Representatives (CORs) acting within the bounds of authority delegated to them by the Contracting Officer.

• Only a warranted Contracting Officer (or designated ACO) may provide direction to a contractor on a U.S. Government contract.

Slide 94

BUILDING STRONGSM

W912GB-16-R-0031

The Government intends to award

WITHOUT DISCUSSIONS

(but reserves the right to conduct discussions)

Offerors shall provide their

BEST PROPOSAL

in their first submission (you may not get a second chance)

Slide 95

BUILDING STRONGSM

W912GB-16-R-0031

• Request all questions related to this solicitation, pre-proposal conference, and site visit be submitted by e-mail to Mr.

Jeffrey J. Harrington and Mr. Anthony Melicharek.

• Cut Off Date for questions is 26 May 2016.

• All responses will be addressed in an amendment

Slide 96

BUILDING STRONGSM

W912GB-16-R-0031

Please note:

“Any remarks or explanations provided during the pre-proposal conference and site visit will not change the terms and conditions of the solicitation. Any changes resulting from today or questions received will be addressed in writing by the issuance of an amendment.”

Slide 97

BUILDING STRONGSM

FedBizOpps

All amendments and revised attachments shall be posted on: www.fbo.gov

Slide 98

BUILDING STRONGSM Slide 99

Type solicitation number here and then press search

BUILDING STRONGSM Slide 100

Click here

BUILDING STRONGSM Slide 101

Date of changes shown here

Amendments shown here

BUILDING STRONGSM Slide 102

Click on the packages tab to access the zip file

BUILDING STRONGSM Slide 103

Opens the document in a separate browser window

Allows the document to be downloaded as a zip file

BUILDING STRONGSM

Slide 104

BUILDING STRONGSM

Introduction to USACE Construction Administration

Ms. Shawntesha Ingram **After Contract Award

BUILDING STRONGSM

FBO View of Contract Clauses and Specifications These will be enforced in execution of a Contract

Slide 106

BUILDING STRONGSM

SECTION 00 73 15 General Conditions

1.11 REFERENCED STANDARDS

Unless specifically called out in the specifications, Host Nation Building Standards shall be used for this contract.

Slide 107

BUILDING STRONGSM

DefinitionConstruction Quality Management Specification Section 01 45 01USACE

Quality Control

– The process to ensure that construction is performed:

• According to design and specifications

• On time

• Within FIRM FIXED PRICE contract amount

• Safely

BUILDING STRONGSM

QUALITY CONTROL vs. QUALITY ASSURANCE

• Quality Control is the Contractor’s Responsibility, and shall be considered as a component of the overall offered price of a Task Order. The contractor is primarily responsible for quality of the project delivered accurately in accordance with the Contract.

• Quality Assurance is the Government’s responsibility.

This includes a 3rd party construction inspector and Contracting Officer’s Representatives to ensure that the Quality Control by the awarded contractor is properly executed.

Slide 109

BUILDING STRONGSM

• The contractor is responsible for: (1) producing the quality product on time and in compliance with the terms of the contract; (2) establishing and utilizing a construction quality control program of the scope and character necessary to achieve the quality of construction outlined in the contract; and (3) producing and maintaining acceptable records of its quality control activities.

Slide 110

BUILDING STRONGSM

• The Government is responsible for:

(1) establishing construction standards and quality control requirements; (2) construction management activities including, among others, checking adequacy of contractor’s control (quality assurance for acceptance), performing specified tests and inspections as designated in the contract, determining that reported construction deficiencies have been corrected;

(3) determining payments due to the contractor;

and (4) assuring timely completion.

Slide 111

BUILDING STRONGSM

QC Organization Requirements

QC Team Includes

• CQC Manager & Alternate

• Design Quality Manager (Design Build contract)

• QC Inspectors

– electrical, mechanical, civil, structural, architectural, materials

• Site Safety and Health Officer

• Submittals clerk

BUILDING STRONGSM

QC Manager QualificationsCQC Manger Requirements

• Employed by the prime contractor

• Graduate of engineering, architecture, or construction management, OR

• Minimum of 5 years relevant experience

• Completed USACE Construction Quality Management (CQM) course

BUILDING STRONGSM

QC Manager Responsibilities• On-site at all times during construction activities

• Must NOT be assigned other duties

• Has authority, in writing, to stop work

• Must be fluent in the English language and be able to communicate with the workers on site

BUILDING STRONGSM

Effective Quality Control ManagementCQC Manager Duties

• Review, approve submittals

• Utilize three phases of inspection

• Quality Control tests

• Track deficiencies

• Submit daily Quality Control Reports

• Implementation of QCS

BUILDING STRONGSM

Payments – Fixed Price Contracts

• All Awarded Contractor’s must have a qualified

Quality Control System Manager on Staff that has taken a specific Class, USACE Construction Quality Management (CQM) course offered in Wiesbaden Germany.

• Retainage on Invoices up to 10% of payment may be held for unsatisfactory progress

– Withholdings can be held for various reasons including safety issues, quality control, and deficient work.

BUILDING STRONGSM

SUBMITTALS

01 33 00 Submittal Procedures Construction material and shop drawing Submittals are required by the contract in order to regulate the timely flow of materials to be incorporated in the work. Awarded Contractor prepares submittal register and submittals based on the contractor’s design deliverable.

BUILDING STRONGSM

Important General Conditions and Administrative Requirements

English-Speaking Representative (52.000-4038) At all times when performance of work at the site is being conducted by any member of the contractor or its subcontractors, an English-speaking shall be present.

He shall be capable of explaining the work operations and receiving instruction in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and linguistic capabilities, and the contractor shall immediately replace any individual not acceptable to the Contracting Officer.

Slide 118

BUILDING STRONGSM

Important General Conditions and Administrative Requirements Continued

Correspondence In English (252.225-7041) The contractor shall insure that all contract correspondences that are addressed to the U.S.

Government are in English or with English translation.

This includes contractor designs and submittals.

Superintendence By The Contractor (52.236-6) At all times during performance and until contract completion and acceptance the contractor shall directly superintend the work or assign a competent superintendent who is acceptable to the Contracting Officer and has authority to act for the contractor.

Slide 119

BUILDING STRONGSM

Important General Conditions and Administrative Requirements Continued

Material And Workmanship (52.236-5) All material and equipment incorporated into the work shall be new and have the most suitable grade for the purpose intended, unless otherwise stated by the contract.

Permits And Responsibilities (52.236-7) The contractor shall, without additional expense to the government, obtain any necessary licenses and permits and for complying with all applicable laws, codes and regulations including all applicable local city codes and regulations. The contractor shall be responsible for all damages that occur as a result of his negligence.

Slide 120

BUILDING STRONGSM

SECTION 01 32 01.00 15 PROJECT SCHEDULE

• A project schedule must be prepared and updated monthly for all Task Orders.

• The Schedule must be a cost loaded network analysis (Critical Path Method) using computer software.

• The cost loaded project schedule is the basis for progress payments.

Slide 121

BUILDING STRONGSM

SECTION 01 45 01.10

USACE QUALITY CONTROL SYSTEM (QCS)

QCS is a mandated USACE computer software to administer aspects of the construction contract including:

• Progress Payments

• Daily Reporting

• Quality Tracking

• Scheduling

• Request for Information

Slide 122

BUILDING STRONGSM

PERFORMANCE EVALUATIONContractor Evaluation - All Task orders will be evaluated

The rating is comprised of six major sections:

-- Quality Control -- Schedule -- Cost Control

-- Management -- Compliance with Safety Standards -- Regulatory Compliance

Rating is important for Future task orders and follow on contracts with the US Government

BUILDING STRONGSM

Slide 124

BUILDING STRONGSM

SAFETY Guidance

How to start, grow, and excel in the SAFETY requirements of the U.S. Army Corps of Engineers – Europe District.

Saving Lives, Saving Families

BUILDING STRONGSM

Your Mission is to Work Safely!

• We want to help you do that. Whatever type of work you are doing for the Corps, the goal is to do it while keeping people safe.

– First, we’ll show you what safe jobs LOOK like, in many countries, in a few words and photos.

– Second, we will show you the where to START to make the “paperwork” easier.

Slide 126

BUILDING STRONGSM Slide 127

Signs of a SAFE project

• The Workers are TRAINED in Safety:

– EVERYONE speaks up about Safety.

• The Project is INSPECTED for Safety:

– Good Housekeeping (to avoid trips, falls).

– FALL Protection >= 1.8m or 6ft HIGH.

– CAVE-IN Protection >= 1.5 m or 5 ft DEEP.

– LIVE electrical work is AVOIDED.

– Workers are kept away from Vehicle traffic.

– Head, Eyes, Hands, Feet, Ears, Lungs protected.

BUILDING STRONGSM Slide 128

Examples from Far Away Places …

• ANY U.S. Army Corps of Engineers project in ANY country should PROTECT the workers …

• These photos are just a few examples of Safety being practiced in far away places ...

BUILDING STRONGSM Slide 129

Safety TRAINING is given

People THINK about Safety

BUILDING STRONGSM Slide 130

There is FALL Protection >= 1.8m or 6ft HIGH

Platforms and scaffolds must have

RAILINGS

when >=

1.8m

BUILDING STRONGSM Slide 131

CAVE-IN Protection >= 1.5 m or 5 ft DEEP

BUILDING STRONGSM Slide 132

Personal Protective Equipment (PPE) is used

IDEA: If workers do not return each day with their PPE, you may want to lock it ON SITE at the end of the day until the project is finished.

BUILDING STRONGSM

The Paperwork side of Safety … www.usace.army.mil/SafetyandOccupationalHealth.aspx

• There are helpful tools at the above site:

– A single sheet “Contractor’s Guide” brochure.

– INSPECTION Checklists!

– And of course the EM 385-1-1 (PDF version).

Slide 133

BUILDING STRONGSM

EM 385-1-1 … Start HERE

• Read the introductory letter, then Section 1 and Appendix A. These 3 small areas (less than 3 dozen pages), will detail what you need to know and what you need to submit to get started!

• “But there are still over a 1000 pages more!

What about THOSE … ! ?”

Slide 134

BUILDING STRONGSM

EM 385-1-1 … Start HERE

• All of those other pages, Sections, and Appendices of the EM 385-1-1 are technical standards for specific hazards.

• If you don’t have those hazards, you don’t need to even browse those pages!

Slide 135

BUILDING STRONGSM

Accident Prevention Plan (APP)

• The preparing of an APP can be confusing if it’s new to you. It must be submitted and accepted by the Corps prior to the performance of any work.

• The APP is more than a paperwork drill - it is the written document that tells how you are going to keep people safe on your job.

Slide 136

BUILDING STRONGSM

Accident Prevention Plan (APP)

• Start by including all headings of Appendix

A, EM385-1-1. If a heading does not apply, just tell in a few words why it does not. If it does apply, use the other parts of the EM to plan how to do that part safely.

• You will find that elements within the APP, such as Activity Hazard Analyses (AHA’s), will be developed and added to the APP during the contract. “What’s an AHA?”…

Slide 137

BUILDING STRONGSM

Activity Hazard Analyses (AHA’s)

• AHA’s are based on the specific phases of work and hazards – the tasks or activities.

• On your AHA, list:

– The Tasks you are doing.

– The Hazards of those tasks.

– And how you will Control the hazards.

• And USE it to TRAIN workers! It is a practical tool – how to do a job safely.

Slide 138

BUILDING STRONGSM

Slide 139

BUILDING STRONGSM

USACE Points of Contact

• Jeffrey J. Harrington, Contracting Officer

– Telephone: +49-611-9744-2660

– E-mail: jeffrey.j.harrington@usace.army.mil

• Anthony Melicharek, Contract Specialist

– Telephone: +49-611-9744-2385

– E-mail: anthony.r.melicharek@usace.army.mil

Slide 140

BUILDING STRONGSM

Thank you for your interest & attendance!

Slide 141