PreProposal_Slides_Runway_Improvement,_Lask_AB,_Poland_11_May_2017.ppt

“The views, opinions and findings contained in this report are those of the authors(s) and should not be construed as an official Department of the Army position, policy or decision, unless so designated by other official documentation.”

Prepared by Rob Corkrum For Pre-Proposal Conference 11 May 2017

U.S. ARMY CORPS OF ENGINEERS EUROPE DISTRICT

PRE-PROPOSAL CONFERENCE

SOLICITATION W912GB-17-R-0036

AIRFIELD RUNWAY INFRASTRUCTURE IMPROVEMENTS, LASK, AIRBASE, POLAND

File Name

AGENDA

Cynthia Perez, Project Manager

Solicitation Brief

Robert Corkrum, Contracting Specialist

Legal Matters

Megan Tooman, Counsel

RUNWAY INFRASTRUCTURE IMPROVEMENTS, LASK AIRBASE, POLAND

PRE-PROPOSAL CONFERENCE

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

WHO DO I CONTACT IN CONTRACTING?

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

Jeffrey Holt(Contracting Officer) Telephone: +49 611 9744 2236 Jeffrey.holt@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 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 (SAM)

Mandatory Registration in SAM: The Federal Government mandates that a contractor be registered in the 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 SAM website, which consolidates Federal procurement systems such as Central Contractor Registration (CCR) and Online Representations and Certifications Application (ORCA). The Joint Venture (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.

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

Obtain a DUNS Number:

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

http://www.dnb.com

CONTRACTOR AND GOVERNMENT ENTITY CODE (CAGE)

Obtain a CAGE Code:

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

DESIGN – BUILD FIRM FIXED PRICE

Full and open competed Firm Fixed Price (FFP) stand alone contract

Magnitude of Construction: $10,000,000.00 - $25,000,000.00

Best Value - Tradeoff

Design-Bid-Build procurement

One offeror will be awarded the contract

BANK LETTER OF ASSURANCE (BLA)/BANK LETTER OF GUARANTEE (BLG)

Original BLA submitted with offeror’s proposal (a sample letter is provided as attachment with the solicitation)

The Government will return the original BLA received from the unsuccessful offerors

Original BLG will be submitted by the successful offeror within seven (7) calendar days of notice of award

Sample BLG is also included in the solicitation (Offeror must work with their bank to use the same language provided in the sample letter provided in the solicitation)

The BLG submitted by the successful offeror will be reviewed by the Procuring Contracting Officer and Legal Counsel. If the same language is not used in the submitted BLG from the successful offeror it may be rejected and sent back to the successful offeror for revision.

Secure your BLG language from the bank early

PLACE AND PERIOD OF PERFORMANCE

Place of Performance: Lask Air Base Poland.

Base Items Period of Performance: 540 calendar days from issuance of Notice to Proceed (NTP).

Optional Items Period of Performance: The Government reserves the right to award any options within 120 calendar days following issuance of NTP for the base work. If an option is exercised, it must be completed with the Base Period of Performance of 540 calendar days.

A Single NTP will be issued for all awarded work. All work shall be completed within 540 calendar days from the issuance date of the NTP.

WHAT DO I NEED TO SUBMIT?

Section 00 21 00 “Instructions to Bidders/Offerors” of the solicitation outline the format for your proposals Review Section 00 21 00 carefully! Failure to submit all required documentation may result in rejection of your proposal Volume I: Three Non-price Factors Factor One (1) – Experience Factor Two (2) – Past Performance Factor Three (3) – Management Approach Volume II – Price / Administrative Proposal Factor Four (4) – Price

Read pages 14 – 28 thoroughly

HOW MANY COPIES DO I NEED TO SUBMIT?

Submitted via https://safe.amrdec.army.mil/safe Volume I: Three Non-price Factors One (1) Original

Volume II – Price / Administrative Proposal One (1) Original

Slide *

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.

SUBMISSION REQUIREMENTS

VOLUME I

Three Non-Price Factors

Other Documents to be Submitted:

Letter(s) of Commitment for Key Subcontractors

Joint Venture Agreement (if applicable)

SUBMISSION REQUIREMENTS

VOLUME II

Factor Four (4) - 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 The name, address, telephone, 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.

WHEN ARE PROPOSALS DUE?

Proposals are due on or before

2 June2017 14:00 hours Central European Summer Time (CEST)

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?

Proposals shall be submitted utilizing the U.S. Army Aviation and Missile Research Development and Engineering Center Safe Access File Exchange (AMRDEC SAFE) Application at https://safe.amrdec.army.mil/safe. The AMRDEC SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email. Anyone has access to SAFE, and the application is available for use by anyone.

Proposal Must be received at this location.

PROPOSAL INFORMATION

The AMRDEC SAFE application can be accessed via https://safe.amrdec.army.mil/safe.

There are two options to proceed from the SAFE homepage:

Proceed as Guest

After selecting one of the options above, the page will be redirected to the package upload form. Fill in all the required input fields:

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 one Offeror who is 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, and price.

Experience is significantly more important than Past Performance, Past Performance is significantly more important than Management Approach and when combined, the three non-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.

Slide *

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

CONTRACT AWARD

One contract awarded after evaluation.

Responsible in Accordance with FAR 9.104. Contractor Qualification: contractor determined to be responsible Conforms to Solicitation Requirements Proposal Represents Best Value to Government. We can award to other to the lowest overall evaluated price.

Slide *

WHAT IS A DEBRIEFING?

Post-Award – FAR 15.506

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

PROPOSAL FORMAT

Basic Proposal Submission Requirements:

Typed In English Organized Tabs for Factors Phase I: Three Non-priced Factors Factor One (1) – Experience Factor Two (2) – Past Performance Factor Three (3) – Management Approach Volume II – Price / Administrative Proposal

Factor Four (4) – 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***".

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.

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 10 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.

SECTION 00 21 00 PROPOSAL FORMAT

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

Projects provided for experience should demonstrate experience constructing and managing a project that involves work similar in size, scope and complexity to the work required under this solicitation in Poland or the European Union; be between €5,000,000 to €50,000,000; and including the elements listed below. Offerors may submit higher valued projects if there is a distinct scope of work with a measurable monetary value within a such larger project that is considered relevant to this procurement. An example could be a single contract that includes separate facilities, or buildings, or phased construction. Offerors shall clearly describe the scope and how it related to the overall contract. Small projects bundled into a larger project in order to meet this cost element are not considered relevant. Projects should demonstrate experience in:

New concrete airfield paving, including subbase, (greater than 2000 m2) and drainage (grading, large area storm drainage, etc.);

New asphalt airfield paving, including subbase, (greater than 2000 m2 ) and drainage (grading, large area storm drainage, etc.);

Heavy construction of civil work systems to include but not limited to (hardstand paving, large area storm drainage, site work, electrical, utilities, mechanical, site investigations, demolition, deforestation, etc.);

Other airfield runway work: resurfacing existing airfield pavement, grooving, pavement markings, navigation aids, approach lighting, arresting gear installation, etc.

ATTACHMENT 1

ATTACHMENT 2

EXPERIENCE INFORMATION SHEET

PROJECT NO. _____, Page 1 Must have a total of 5 projects, more than 5 will not be evaluated; less than 5 may result in a lower rating Project Name and Location:

Experience:

1. The location work was performed, work in Poland will be considered more relevant: ___________________________________

2. The day, month, and year work was completed; work should not be earlier than ten years from the date of the solicitation: _______________

3. The final cost of this project, should be between €5,000,000 and €50,000,000: €_________________________

4. Is this project more than 50% complete? ____ Yes ____ No If “No” explain percentage of completion, if not 50% complete for any reason, rating may be lower

5. Do not provide a listing of existing or previous contracts, but rather provide detailed information of construction work for projects in at least one of the following categories, but work in more than one category may receive a higher rating:

a.New concrete airfield paving, including subbase, (greater than 2000 m2) and drainage (grading, large area storm drainage, etc.);

b.New asphalt airfield paving, including subbase, (greater than 2000 m2 ) and drainage (grading, large area storm drainage, etc.);

c.Heavy construction of civil work systems to include but not limited to (hardstand paving, large area storm drainage, site work, electrical, utilities, mechanical, site investigations, demolition, deforestation, etc.);

d.Other airfield runway work: resurfacing existing airfield pavement, grooving, pavement markings, navigation aids, approach lighting, arresting gear installation, etc.

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:

Offerors demonstrating experience with multiple projects in multiple categories are considered more relevant.

Projects older than 10 years may be considered, but will be considered less relevant.

Projects outside of the €5,000,000 to €50,000,000 may be considered, but will be considered less relevant.

Projects in Poland are considered more relevant.

Project examples that demonstrate experience working with proposed Key Subcontractors and/or the proposed JV Partners working together are considered more relevant.

Section 00 22 00 Evaluation Criteria

FACTOR 1 – EXPERIENCE EVALUATION CRITERIA (CONTINUED):

Projects considered fully relevant shall be completed within the last ten (10) years from the date of the solicitation or at least 50% complete by the date of this solicitation; performed in Poland or the European Union; between €5,000,000 and €50,000,000; and include the following:

New concrete airfield paving, including subbase, (greater than 2000 m2) and drainage (grading, large area storm drainage, etc.);

New asphalt airfield paving, including subbase, (greater than 2000 m2 ) and drainage (grading, large area storm drainage, etc.);

Heavy construction of civil work systems to include but not limited to (hardstand paving, large area storm drainage, site work, electrical, utilities, mechanical, site investigations, demolition, deforestation, etc.);

Other airfield runway work: resurfacing existing airfield pavement, grooving, pavement markings, navigation aids, approach lighting, arresting gear installation, etc.

EXPERIENCE

Questions on Experience?

return envelope, official, or company stamp.

FACTOR 2: PAST PERFORMANCE

Submission Requirements:

The Past Performance Questionnaire (PPQ), Attachment 3, 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 1, Experience. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before the 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 10 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 ten 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.

Section 00 21 00 Proposal Format

ATTACHMENT 3

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)

The Government will evaluate the Offeror’s past performance to determine how relevant project work is, as described in Factor 1 Experience, for recent projects. The Government will 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 ten 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:

Quality Schedule/Timeliness of Performance Customer Satisfaction Management Personnel/Labor Cost/Financial Management Cost/Financial Management Safety/Security.

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.

PAST PERFORMANCE

Questions on Past Performance?

Factor 3 – Management Approach

Submission Requirements (continued):

1. Organization Structure and Staffing: The Offeror must clearly describe its organization structure and provide an Organization Chart. The description must identify all offices involved in this project from the Offeror’s Headquarters through to the Offeror’s site office, and how they are related. The Offeror must show the lines of authority and communication for the execution of the contract including the communication and authority lines for the Offeror’s Program Manager, Project Manager, Site Superintendent, Quality Control Manager, and Safety Manager. All Joint Venture partners and major Subcontractors shall be addressed in this description. The description shall identify whether functions/positions will be filled by prime or by subcontractors. The proposal shall clearly explain the proposed staffing and how the parties will communicate between each other and with the US Government. All communication shall be in the English language.

Evaluation Criteria:

2. Project Execution: The Offeror shall describe its plan for execution of the project.

3. Quality Control and Processes: The Offeror shall describe its Quality Control plan and processes for the project.

4. If a Key Subcontractor’s experience is submitted for evaluation purposes, explain in the Management Approach submittal section the percentage of work the subcontractor will perform under this solicitation.

Section 00 22 00 Evaluation Criteria

MANAGEMENT APPROACH

Questions on Management Approach?

SUBMISSION REQUIREMENTS VOLUME II

FACTOR 4 – PRICE

Submission Requirements:

Offerors shall submit the following:

SECTION 00 21 00 SUBMISSION REQUIREMENTS

Factor 4 – Price Submission Requirements:

Failure to submit Section 00 10 00 and/or failure to complete all Line Items on Section 00 10 00, may result in the Offeror’s proposal package being rejected by the Government after initial evaluation without further consideration.

Solicitation Submittal Requirements:

Firms will submit a Bank Letter of Assurance demonstrating that their bank will provide a Bank Letter of Guarantee (BLG) for 30% of the project value, or, letter from a Surety demonstrating that the firm has bonding capacity of 30% of the price proposal, or a Bid Bond that satisfies the solicitation requirements.

Firms are requested to notify their surety that representatives from USACE-NAU will be contacting them for reference information.

Additionally, the Government may use other sources of information to determine a firm’s responsibility including but not limited to Duns & Bradstreet reports and State databases.

FACTOR 4: PRICE

Evaluation Criteria:

The Government will evaluate CLIN prices and total award price in accordance with FAR 15.404-1. Evaluation of any options shall not obligate the Government to exercise the options. In order to be considered acceptable, offerors must submit prices for all contract line item numbers and a total award price identified in the price schedule. Failure to submit a price and failure to complete all CLINs will result in the Offeror’s proposal package being rejected by the Government after initial evaluation without further consideration.

The evaluation will not be assigned an adjectival rating, yet it will be evaluated for completeness and reasonableness as follows:

Completeness – To be complete the Offeror must provide all data that is requested and necessary to evaluate the prices including all CLINS on the Price Schedule. The Government will assess the extent to which the proposed prices comply with the content and format requirements set forth in this solicitation.

FACTOR 4 PRICE CONTINUED

2. Reasonableness - The Offeror's proposal is evaluated through price analysis techniques as described in FAR 15.404-1. Price analysis techniques and procedures to ensure a fair and reasonable price may include, but is not limited to, the following:

Comparison of proposed prices received in response to the solicitation.

Comparison of proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.

Use of parametric estimating methods/application of rough yardsticks to highlight significant inconsistencies that warrant additional pricing inquiry.

Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

Comparison of proposed prices with independent Government cost estimates.

Comparison of proposed prices with prices obtained through market research for the same or similar items.

Analysis of data other than certified cost or pricing data provided by the offeror.

Legal Matters

Megan Tooman Office of Counsel

UNITED STATES LAW

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

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

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

BEST VALUE

USACE typically Uses Best Value procedures for large or complex contracts

Awards are not necessarily to the low offeror

Price is balanced against technical qualifications and award is made to the offeror providing the best value

CRITERIA

The solicitation will inform the bidders of the criteria to be used to establish best value and what offerors should submit to be competitive

The Best Value decision is made by the Contracting Officer

JOINT VENTURES

If submitting a proposal as a joint venture (JV), the experience and past performance for each joint venture partner will be considered for the joint venture entity. JVs shall submit the following:

JOINT VENTURES (CONT.)

The Bank Letter of Guarantee must cover the Joint Venture, not just one member of the JV.

VALUE ADDED TAX (VAT)

Articles and services acquired by contractors acting on behalf of the U.S. are not subject to direct or indirect taxation, to include value added taxes, excise taxes, sales taxes or similar taxes.

The VAT exemption is a Point of Sale (POS) exemption that is facilitated by the use of a VAT form.

The contractor is responsible for properly filling out the VAT exemption forms provided by the U.S. Government.

VAT CONT.

The contractor is responsible for providing the Government with any information necessary to certify or process VAT exemption forms.

If a point of sale exemption is not possible, contractors may submit requests to the Polish Ministry of Finance for reimbursement of VAT paid in connection with the project.

Costs associated with obtaining VAT exemptions (or reimbursement) including costs associated with time are the responsibility of the contractor.

VAT FORM

VAT FORM CONT.

SITE ACCESS

The U.S. Government does not control access to the Polish military facility where the project is located. The Polish Ministry of Defense (MOD) and the base Commander are responsible for granting base access and decisions regarding access are solely at their discretion.

Anyone requiring access to the installation including delivery drivers, construction workers, and administrative personnel, must have an installation access pass or other documentation granting them access to the installation.

The U.S. Government will not be responsible or provide compensation for delays associated with associated with contractor personnel obtaining base access..

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.

This means that if a subcontractor attempts to bring a lawsuit against the US or to otherwise join the US in a lawsuit in Polish court, the prime contractor must defend the suit and to indemnify and save harmless – legal terms meaning you will pay any judgment rendered in Poland court, not us. Any dispute under the contract can only be decided in US court or the US Armed Services Board.

BREACH

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

CONTRACTOR APPEAL OPTIONS

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)

The ASBCA is a neutral independent forum to hear and decide contract disputes between the Department of Defense (U.S. Army, Navy and Air Force) and contractors with whom the Department of Defense has entered into an agreement with to provide services.

The authority of the ASBCA to decide appeals is derived from the Contract Disputes Act of 1978, 41 U.S.C. §§ 7101-7109 and the Board’s Charter.

The ASBCA rules allow contractors to represent themselves without a lawyer and have provisions for accelerating the process for small dollar claims.

Rules and Guidelines:

http://www.asbca.mil/Rules/rules.html

APPEALS

Decisions of either the ASBCA or the Court of Federal Claims may be further appealed within the U.S. court system

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.

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.

SUBCONTRACTOR & PROPOSED PERSONNEL

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.

BONDING REQUIREMENTS

Typically US government will require 100% Performance and Payment bonds issued by approved US surety companies (See FAR 52.228-15) If specifically allowed in the RFP, a BLG may be submitted. BLGs will be typically be 20% or more of the contract amount.

The government must be able to draw on the BLGs upon simple request without the need to take any legal action or obtain the consent of the contractor or any other proof or action.

DEFENSE BASE ACT (DBA) INSURANCE

Defense Base Act (DBA) Insurance Coverage: DBA coverage will be required for work performed on this contract 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 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (July 2014) and 52.000-4133 Workers Compensation Insurance (Defense Base Act) – Countries with Waivers (January 2014) for more DBA Insurance information and how to obtain DBA Insurance.

DEFENSE BASE ACT (DBA) INSURANCE

After Task Order award, 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 *