A.07.20_17-R-0045_PPC_slides_(28_Nov_2017).pdf

BUILDING STRONGSM

Pre-Proposal Conference FY17 Airfield Fire and Crash

Rescue Station Incirlik, Turkey

Solicitation No.

W912GB17R0045

20 November 2017 (Revised 28 November 2017 Am-0002)

Agenda

• Welcome - Solicitation Information

Andrew Gonzalez and Candace C. Lotomau, Contracting Division

• How to fill out proposal Andrew Gonzalez, Contract Specialist

• Legal Matters Nancy van Noortwijk, Office of Counsel

• Conclusion

Welcome

Andrew Gonzalez and

Candace C. Lotomau Contracting Division

Pre-Proposal Conference

• Please sign in

• Turn off cell phones

• **This presentation was prepared using the

Incirlik Fire Crash Station Solicitation. It is the PROPOSERS RESPONSIBILITY to comply with the details of each solicitation.

Slide 4

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 5

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.

FedBizOpps Website http://www.fbo.gov

User guides are located under the “Getting Started” tab

Slide 6

Who do I contact in Contracting?

Andrew Gonzalez (Contract Specialist) Telephone: +49-611-9744-2582 andrew.e.gonzalez@usace.army.mil

Candace C. Lotomau (Contracting Officer) Telephone: +49-611-9744-2819 candace.c.lotomau@usace.army.mil Slide 7

Requests for Information Reminder: anything discussed at this pre-proposal conference is UNOFFICIAL.

The solicitation advertised (including amendments) should be the documents used to submit your proposal.

Questions may be asked at this conference, but again are UNOFFICIAL unless submitted in writing via ProjNet at www.ProjNet.org/ProjNet

Bidder Inquiry Key is CCQZ4R-SZ9G46

Where the Government determines that RFIs regarding a material aspect of the solicitation document requires correction, the response will be in the form of an amendment. If the Government finds that the solicitation does not require any correction, the response will normally be that the information being requested can be found within the solicitation using reasonable interpretation.

The deadline to submit RFIs is 30 November 2017.

Slide 8

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 Instruction (UAI)

Slide 9

What is a Firm-Fixed Price Contract?

• Provide an acceptable deliverable at the time, place and price specified in the contract

• Contractor incentivized for every dollar that costs are reduced

• Use when:

– Requirement well defined

– Contractors are experienced

– Stable market conditions

– Insignificant financial risks

Slide 10

What is Best Value?

• The intent of the Best-Value tradeoff source selection process will allow award of one firm-fixed price, design-build construction contract to the responsible Offeror whose proposal, conforming to the request for proposal (RFP), is determined to be the best value to the Government.

• Evaluation methodology for the Best-Value Trade-Off source selection procurement consists of three (3) non-price factors, and price: Experience, Past Performance, Management Approach, and Price.

Basis for Award Award will be made in accordance with Section

2305a of title 10, United States Code to one Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR); whose proposal conforms to the solicitation requirements and judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation; and, represents the Best Value to the Government.

Slide 12

EVALUATION FACTORS FOR AWARD

Slide 13

• Experience contains a pass/fail element: the Offerors shall submit up to five (5) projects that are equal to or similar to the solicited project; of these at least three (3) projects shall have been performed by the Offeror. In case of a Joint Venture, the work must have been performed by at least one of the Joint Venture partners.

• Once the proposal is rated “Pass”, the relative weight within each of the 4 evaluation factors is as follows:

• Factor 1 – Design and Construction Experience is significantly more important than Factor 2 - Past Performance,

• Factor 2 - Past Performance is significantly more important than Factor

3 - Management Approach

• When combined, the three (3) non-priced factors are significantly more important than Factor 4 - Price.

EVALUATION FACTORS FOR AWARD

Slide 14

• A Single-Phase best value trade off source selection process will be used to evaluate the contractors for award. This is a competitive acquisition for the award of a Firm Fixed Price contract, via Best-Value Trade-Off source selection procedures.

• Evaluation methodology for the Best-Value Trade-Off source selection procurement consists of three (3) non-price factors, and price: Design & Construction Experience, Past Performance, Management Approach, and Price.

What do I need to Submit?

• Solicitation Section 00 21 00 “Proposal Submission” outlines 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 – Technical Proposal / Non-Price Factors

Factor One (1) – Design & Construction Experience Factor Two (2) – Past Performance Factor Three (3) – Management Approach

• Volume II – Price / Administrative Proposal Factor Four (4) – Price

Slide 15

Other Submittals*

• 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.

*not all inclusive; see Solicitation Section 00 21 00

Slide 16

Other Submittals* Cont’d

• Offer Standard Form 1442

• Section 00600 Representations and

Certifications (Online Representations and Certifications Application (ORCA):

https://orca.bpn.gov/ and www.sam.gov

• Section 00 10 00, CLIN Schedule

• Bank Letter of Assurance *not all inclusive; see Solicitation Section 00 21 00

Slide 17

Standard Form 1442

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

• This must be completed fully!

Slide 18

Slide 19

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

Standard Form 1442 (Page 2) Firm Name & Address

CAGE

Telephone

Name Sign Date

When are Proposals Due?

Proposals are due on or before

8 January 2018

1000 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.

Slide 20

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—

(i) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of proposals and was under the Government’s control prior to the time set for receipt of proposals; or

(iii) It was the only proposal received.

Slide 21

Where do I Deliver my Proposal?

Proposals shall be sent via the AMRDEC website.

Slide 22

Quality

Offerors are advised to provide their

BEST PROPOSAL

in the first submission

Slide 23

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.

Slide 24

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 25

Contract Award

Slide 26

• One (1) Contract

• Responsible in Accordance with FAR

9.104. Contractor Qualification:

contractor determined to be responsible

• Conforms to Solicitation Requirements

• Proposal Represents Best Value to

Government

What is a Debriefing?

Pre-Award – FAR 15.505

Post-Award – FAR 15.506

Slide 27

Proposal Format Basic Proposal Submission Requirements:

Typed In English Organized Tabs for Factors

Volume I: Three Non-priced Technical Factors Factor One (1) – Design & Construction Experience Factor Two (2) – Past Performance Factor Three (3) – Management Approach

Volume II – Price 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.

Slide 28

Section 00100 Proposal Format Volume I, Factor 1 – Experience Submissions Requirements:

Offerors shall submit two attachments, Attachment 1, Experience Overview Sheet and Attachment 2, Experience Information Sheet detailing previous work experience projects meeting the requirements of this solicitation.

1. Information for completing Attachment 1 and Attachment 2:

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

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

Slide 29

Factor 1 – Experience Cont’d:

Offerors are encouraged to submit a combination of projects demonstrating experience with as many relevant characteristics as possible.

(a) New Construction with associated utility and communication improvements and connections

(b) Design/Build construction projects

(c) Temporary buildings with associated utility and communication improvements and connections

(d) Environmental, to include permitting, hazardous waste removal and disposal, i.e., asbestos

(e) Demolition and site restoration

(f) Concrete and/or asphalt roads, pavements, airfield runway work;

Slide 30

Factor 1 – Experience Cont’d:

2. If a Key Subcontractor’s experience is submitted for evaluation purposes, clearly address the experience with those Key Subcontractors. If a Joint Venture, clearly address the experience of each of the Joint Venture Partners and the relationship of the JV partners on any ongoing or previous projects. The proposal may receive a higher rating if the proposal contains evidence of the Joint Venture Entity or the Prime and Key subcontractor working successfully together on relevant previous projects.

NOTE: The Offeror must have performed on at least three (3) projects submitted for experience. This aspect of Experience is a pass/fail element. In case of a Joint Venture, the work must have been performed by at least one of the JV partners. Offerors who do not meet this minimum requirement are not eligible for award.

Slide 31

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 Proposal. ***".

• 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 the proposal.

Slide 32

Attachment 1

Slide 33

Attachment 2ta

Slide 34

FACTOR 1: EXPERIENCE

Experience contains a pass/fail element: the Offerors shall submit up to five (5) projects that are equal to or similar to the solicited project; at least three (3) projects shall have been performed by the Offeror. In case of a Joint Venture, the work must have been performed by at least one of the Joint Venture partners. Offerors who do not meet that minimum requirement are not eligible for award.

Slide 35

Section 00 22 00 Evaluation Criteria

FACTOR 1: EXPERIENCE CONT’D

Evaluation Criteria:

1. The Government will evaluate the depth and the relevancy of the experience as submitted in the offeror’s proposal in accordance with the following criteria:

a) Projects demonstrate design and construction experience in Turkey, and/or design and construction experience using U.S. standards. The experience shall not be limited to military type projects. Same or similar projects performed in the country of Turkey are acceptable.

b) Project examples that demonstrate experience working with proposed Key Subcontractors and/or the proposed JV Partners working together on Design-Build projects are considered more relevant.

c) The Offeror must have performed on at least three (3) projects. If the projects were executed by Joint Venture, then then offeror must show evidence of being in the Joint Venture. Offerors who do not meet this minimum requirement are not eligible for award.

d) Projects with a cost of $5,000,000 to $15,000,000. 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 that is relevant to this procurement. An example could be a single contract that includes separate facilities, or buildings, or phased construction with associated utilities improvements that shows relevant experience. Offerors shall clearly describe this project and how it related to the overall contract. Projects outside the relevant range may be considered less relevant. Smaller projects bundled into a larger project in order to meet this cost element are not considered relevant.

Slide 36

Section 00 22 00 Evaluation Criteria

Projects demonstrate design and construction experience in Turkey, and/or design and construction experience using U.S. standards.

Projects demonstrate design and construction experience in Turkey, and/or design and construction experience using U.S. standards.

FACTOR 1: EXPERIENCE CONT’D

2. 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; performed in Turkey; between $5,000,000 and $15,000,000; and include the following:

a) New Construction with associated utility and communication improvements and connections

b) Design/Build construction projects

c) Temporary buildings with associated utility and communication improvements and connections

d) Environmental, to include permitting, hazardous waste removal and disposal, i.e., asbestos

e) Demolition and site restoration

f) Concrete and/or asphalt roads, pavements, airfield runway work;

Offerors demonstrating experience with multiple projects in multiple trades are considered more relevant. Projects older than six (6) years, projects not performed in Turkey, or projects valued outside the listed range, may be considered but will be considered less relevant.

Projects that do not meet these criteria above may be given a lower relevancy rating. Projects meeting all criteria will be given a higher relevancy rating.

Slide 37

FACTOR 1 & 3 ADJECTIVAL RATINGS

Slide 38

Factor 1 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 and PROVIDE DETAILED

DESCRIPTIONS

Questions on Experience? Slide 39

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, contract specialist Mr. Andrew Gonzalez via email at andrew.e.gonzalez@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.

Slide 40

Section 00 21 00 Submission Requirements

Factor 2 – Past Performance Submission Requirements (continued):

Offerors may provide a completed Department of Defense, DD2626 form or a Contractor Performance Assessment Report (CPAR), in lieu of Attachment 3. CPARS evaluations and DD2626s shall state the projects are at least 50% complete.

Offerors may also include performance recognition documents received within the last six

(6) years, such as awards, award fee determinations, customer letters of commendation, commercial and foreign government evaluations 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, Slide 41

Factor 2 – Past Performance Submission Requirements (continued):

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.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate, and complete past performance information rests with the Offeror, and the Government is under no obligation to check other sources.

Slide 42

Attachment 3

Slide 43

USACE PAST PERFORMANCE QUESTIONNAIRE ATTACHMENT 3

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information 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:

If subcontractor, who was the prime (Name/Phone #):

❑ Sub Contractor ❑ Joint

Venture ❑ Other (Explain)

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

❑ Other (Please specify):

Contract Type: ❑ Firm Fixed Price ❑ Cost Reimbursement 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:

4. Project Description:

Complexity of Work ❑ High ❑ Med ❑ Routine

How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client's role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client's Signature:

Attachment 3

Slide 44

1. The Government will evaluate the Offeror’s past performance to determine how relevant project work is, as described in

Factor 1 Design and Construction Experience, for the submitted up to five (5) 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.

a) Quality: The degree to which the Offeror has complied with the contract requirements; met quality standards; was timely in regard to problem resolution without extensive customer guidance; and the shown effectiveness of his prior quality control program.

b) Schedule/Timeliness of Performance: Whether the Offeror met contract completion dates including significant milestones and where schedules were exceeded, whether the Offeror identified valid justifications for the delays or if liquidated damages were assessed due to late delivery by the Offeror.

c) Customer Satisfaction: The degree to which end-users were satisfied with the project; whether the Offeror was reasonable and cooperative in regard to resolving disagreements; whether the Offeror was responsive and businesslike with concern for the customer, and whether the Offeror achieved customer satisfaction.

d) Management Personnel/Labor: Whether the Offeror used effective business practices for on-site management for subcontractors, suppliers, materials, and labor force. Whether and the extent to which the Offeror displayed an ability to hire and retain a qualified workforce; controlled government/ owner property when applicable; provided a workforce with the required expertise; successfully managed projects and easily assimilated and incorporated changes in requirements and priorities in response to the owner; and provided an effective overall management and control of projects and programs.

e) Cost/Financial Management: Whether the Offeror met the contract requirements by completing the project at the agreed to price and where not, the extent to which the Offeror was responsible for cost increases; whether the Offeror provided alternative methods that benefited the client; whether the Offeror submitted invoices timely with sufficient documentation to substantiate requested payment and avoided significant unexplained variances from the original price.

Slide 45

f) Safety/Security: The Offeror’s prior record for maintaining an environment of safety, adherence to a safety plan, and compliance with safety requirements, including following safety regulations, housekeeping, and correcting noted deficiencies, as well as the Offeror’s prior compliance with all security requirements and personnel security requirements when applicable.

g) 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:

a) The relevance of the past performance;

b) how recently the project submitted was performed;

c) trends in the Offeror’s performance;

d) evaluations, letters of appreciation, and commendations from customers; and

e) positive and/or negative comments that impact evaluation of Offeror’s past performance.

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.

Slide 46

FACTOR 2 ADJECTIVAL RATINGS

Slide 47

Factor 2 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?

Slide 48

Factor 3 – Management Approach Submission Requirements:

NOTE: Pages that exceed the thirty (30) page limitation will not be evaluated.

1. An organization chart (graph) that shows: a) lines of authority and communication for the execution of the contract; b) clearly shows the lines of authority of the Offeror’s Program Manager, Project Manager ,Site Superintendent, Quality Control Manager, Design Quality Control Manager and Safety Manager, c) the organization chart shall also include all JV Partners and Key Subcontractors, when applicable; and d) 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.

Slide 49

Section 002100 Submission Requirements

Factor 3 – Management Approach Submission Requirements (continued):

2. A narrative description of the organization structure including roles, major responsibilities, and authorities of all JV Partners, Key Subcontractors, and key personnel (Program Manager, Project Manager, Site Superintendent, Quality Control Manager, Design Quality Control Manager, and Safety Manager) shall be described. The position titles used in the narrative must match those used in the organization chart.

3. A narrative that describes a reasonable and logical plan of managing the design; assuring design and materials meet US and Host Nation requirements; resolving differences in US and Host Nation standards and specifications; roles, responsibilities and process in securing design, materials and permit approvals; managing the interaction between designers and construction personnel during the lifecycle of the project; managing the construction and demolition Host Nation approvals, sequencing and schedule; providing a satisfactory fire crash rescue station facility turnover to include operation and maintenance manuals, warranties, and training; and managing communication with USACE. 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 Conditions.

Slide 50

Section 00 21 00 Submission Requirements

FACTOR 3: MANAGEMENT APPROACH

Management Approach is the third most important factor.

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:

1. 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 Key Subcontractors and JV partners.

2. Whether the proposal contains comprehensive descriptions of duties, roles, major responsibilities, and authorities for the a) Program Manager, b) Project Manager , c) Site Superintendent, d) Quality Control Manager, e) Design Quality Control Manager and f) Safety Manager, and other key personnel (e.g. contracts manager, security manager, logistics specialist, subcontracts manager, etc.). Include the roles and major responsibilities and authorities for Key Subcontractors and JVs, presented in a logical manner.

3. The extent to which the proposal describes a reasonable and logical plan of managing the design; assuring design and materials meet US and Host Nation requirements; resolving differences in US and Host Nation standards and specifications;

roles, responsibilities and process in securing design, materials and permit approvals; managing the interaction between designers and construction personnel during the lifecycle of the project; managing the construction and demolition Host Nation approvals, sequencing and schedule; providing a satisfactory fire crash rescue station facility turnover to include operation and maintenance manuals, warranties, and training; and managing communication with USACE.

Adjectival Ratings: Same as Factor 1

Slide 51

Factor 3 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?

Slide 52

Factor 4– Price Submission Requirements:

Offerors shall submit a completed Pricing as part of Section 00 10 00 Solicitation Contract Line Item Number (CLIN) Schedule. Failure to submit Pricing and failure to complete all CLIN Schedule items may result in the Offeror’s proposal package being rejected by the Government after initial evaluation without further consideration.

The price shall be in US Dollars.

Note: Offerors are advised that proposals shall be free of tax, in accordance with the Tax Relief Agreement between the United States of America and Turkey, dated 23 June 1954, DFARS 252.229-7001 Tax Relief (Sept 2014); and FAR 52.000-4074 Tax Relief (Foreign Countries Other Than Germany).

Slide 53

Section 00210 Submission Requirements

BUILDING STRONGSM Slide 54

BUILDING STRONGSM Slide 55

FACTOR 4: PRICE

Factor 4-Price is the least important factor:

1. The Government will evaluate price, for award purposes, based on the total bottom line sum of all contract line items (CLINs) items in Solicitation Section 00 10 00. In order to be considered acceptable, offers must submit prices for all CLINs. Failure to submit a price and failure to complete all CLINs may result in the Offeror’s proposal package being rejected by the Government after initial evaluation without further consideration.

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

a) Completeness: To be complete, the Offeror must provide all data that is requested and necessary to evaluate the prices, including completing all CLINs identified 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.

b) Reasonableness - The Offeror's proposal is evaluated through price analysis techniques as described in FAR Subpart 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 are 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.

Slide 56

FACTOR 4: PRICE CONT’D

b) Reasonableness – Cont’d:

• 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.

3. Additional Information: This contract is firm-fixed price, payable entirely in United States of America Dollars. No additional sums will be payable due to any escalation in the cost of labor, materials, or equipment. The awardee’s failure to properly estimate or accurately predict the cost and / or difficulty in achieving the results required by this contract is not reimbursable. The contract price will not be adjusted on account of fluctuations in the currency exchange rates. No bill of quantities will be provided by the Government or will be utilized during this contract. Advance payments are not authorized and the awardee will be paid only for work as the work is accomplished and in defined intervals as the work precedes, in accordance with FAR Clause 52.232-5, Payments under Fixed-Price Construction Contracts.

4. Defense Base Act (DBA) Insurance Coverage: DBA coverage is required for work performed on this project by any citizen or legal residents of the United States of America, as well as employees recruited in the United States, regardless of their citizenship status. All other employees shall be covered by applicable local laws in accordance with the contract, including Federal Acquisition Regulation (FAR) 52.000-4133 Workers Compensation Insurance (Defense Base Act) – Countries With Waivers (May 2017), and Defense Federal Acquisition Regulation Supplement (DFARS) 252.222-7002 Compliance with Local Labor Laws (Overseas) (Jun 1997). If DBA insurance is necessary, the awarded contractor will be required to provide the insurance certificate prior to receiving the Notice to Proceed (NTP) but no later than 14 calendar days after award.

Offerors shall certify whether DBA insurance is required in their proposal. Note, if it is required, DBA insurance is not priced separately and shall be included within the proposal price.

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FACTOR 4: PRICE CONT’D

The DBA 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

5. Responsibility: In accordance with FAR Subpart 9.1, the Contracting Officer will perform an affirmative responsibility determination to ensure that the awardee has the adequate resources to perform the work.

6. Bank Letter of Guaranty. Failure to furnish the Bank Letter of Guaranty 14 calendar days after award may be deemed a breach of contract.

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Factor 4 Price Check to ensure line items are complete Pricing

Schedule Section 00 41 00

Questions on Management Approach?

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Defense Base Act and Legal Matters

Nancy van Noortwijk Office of Counsel

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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 Instruction (UAI) http://www.usace.army.mil/Portals/2/docs/Contracting/UAI_Version

%203__1%20NOV%202014.pdf Slide 61

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

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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)

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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.

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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.

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

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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.

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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.

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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.

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Bonding Requirements

• Typically US government will require 100%

Performance and Payment bonds issued by approved US surety companies (See FAR 52.228-15)

• Per the RFP, a Bank Letter of Guaranty (BLG) for 25% of contract amount is required.

• 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.

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Performance and Payment Bonds

• We understand there may problems obtaining Performance and

Payment Bonds that match the FAR requirements. We may be able 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%.

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Award Process

• Award of Contracts will be competitive except where limited competition is appropriate and allowed by the FAR and

DFARS

• Evaluation criteria – the basis on which a contractor will be selected will be clearly set out in the solicitation.

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Bid Protests

• A bid protest is a written objection to a solicitation, the cancellation of a solicitation, the award or proposed award of a contract, or termination of a contract if terminated due to alleged improprieties in the award.

• Protests can be filed

– With the contracting officer (“agency protest”)

– With the Government Accountability Office (GAO)

– With the U.S. Court of Federal Claims (COFC)

Agency Protests

• Agency Protests are decided at a higher level of USACE

• The process is relatively informal

– The protester must state the basis of protest

– It can be a simple letter to the Contracting

Officer stating that a protest is intended

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Agency Protests ►Protests should include the following information:

(i) Name, address, and fax and telephone numbers of the protester.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protester is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

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GAO Protests

• GAO Protests are decided by Officers of the GAO who are procurement experts

• As in the Agency Protests, filings can be by simple letter setting forth the grounds for protest

• The GAO may hold telephone conferences or hearings to establish facts

• Rules for filing protests with GAO can be found at:

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

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Timelines for Filing Protests• GAO Protests:

►GAO must receive protests based on alleged improprieties or errors in a solicitation that are apparent on the face of the solicitation (i.e., patent ambiguities or defects) prior the closing date for receipt of initial proposals.

►Protests based on any other matter must be submitted within 10 days after receiving actual or constructive (whichever is earlier) knowledge of the basis for protest.

►If an agency protest was previously filed, a subsequent protest to the GAO must be filed within 10 days of knowledge of initial adverse agency action

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COFC Protests

• Protests to the U.S. Court of Federal Claims are formal legal proceedings

– The plaintiff must be represented by counsel who is admitted to practice before the court.

• A COFC protest commences with the filing of a complaint.

• A protester may file its protest with the COFC despite the fact that it was the subject of a GAO protest.

• COFC Rules: http://www.uscfc.uscourts.gov/rcfc

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REA and Claims Regulations

• Public Law 95-563 (As amended), The Contract Disputes Act

• 41 USC 601 Public Contracts, Contract Disputes

• FAR Subpart 33.2, Disputes and Appeals

• FAR 52.233-1, Disputes

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Disputes Clause

• The first step in the disputes process is to submit a claim for an equitable adjustment to the contracting officer

• Claims above $100,000 dollars must be certified

• The Contracting Officer considers all of the facts and arguments and issues a final Contracting Officer’s Decision

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Contracting Officer’s Decision

• The Contracting Officer Decision (COD) will be issued within 60 days of the receipt of the written request for a decision from the contractor for claims under $100,000.

• For claims over $100,000 the KO will, within 60 days, either issue a decision or notify the contractor of the date on which a decision will be issued.

• For claims over $100,000, the KO’s final decision shall be issued within a reasonable period.

• Depends upon nature, dollar amount, complexity.

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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.

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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.

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ArmeServices 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

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Defense Base Act (DBA) Insurance

• Defense Base Act (DBA) Insurance Coverage: DBA coverage will be required for work performed on this contract by U.S. citizens, employees recruited in the U.S. and also to work by any employee performed in a country for which a Defense Base Act waiver is not in place.

• 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 (May 2017) for more DBA Insurance information and how to obtain DBA Insurance.

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Defense Base Act (DBA) Insurance

• After contract award, proof of DBA insurance, if required, 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, if applicable, within 14 calendar days of the date of award.

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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.

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Miscellaneous Points

• Contract Payments:

– This is a firm fixed price contract. The Government shall pay the Contractor the contract price as provided in contract award.

– The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. The Government will not make advance payments.

– Requests for progress payments require substantiation.

See clause 52.232-5 for substantiation requirements.

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CONCLUSION

Questions?

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