A.07.20_Pre-SF330_Conference_Slides.pdf

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“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 Whittni Hiscox For Pre-Proposal Conference 02 October 2018

U.S. ARMY CORPS OF ENGINEERS EUROPE DISTRICT

PRE-SF330 CONFERENCE

SOLICITATION W912GB18R0034

INDEFINITE DELIVERY CONTRACT (IDC) GENERAL ARCHITECT-

ENGINEERING (A-E) SERVICES CONTRACTS IN GERMANY, POLAND, THE

CZECH REPUBLIC, BELGIUM, AND THE NETHERLANDS

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AGENDA

• Solicitation Brief – Contracting Officer Mr. David Neal and Contract Specialist Ms. Whittni Hiscox

• Legal Brief – Legal Counsel Ms. Mellie Billingsley

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Presenter Presentation Notes Introductions

DISCLAIMER

• Information Provided During Pre-SF-330 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 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

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Presenter

Disclaimer - Read Slide to participants.

CONTRACTING KEY PERSONNEL

• Procuring Contracting Officer (PCO) - Mr. David Neal

• Has the authority to change the terms and conditions of the solicitation / contract

• Contract Specialist – Ms. Whittni Hiscox

• Main Point of Contacts (POC) during the solicitation phase

• All correspondence requiring Government responses during the solicitation shall be sent to the Contracting Officer and Contract Specialist

• Contact Information can be found in the Synopsis

U.S. PROCUREMENT LAWS AND REGULATIONS

• Regulations and Agency Supplements

• Federal Acquisition Regulation (FAR) – http://farsite.hill.af.mil/vffara.htm

• Defense Federal Acquisition Regulation Supplement (DFARS) - http://farsite.hill.af.mil/vfdfara.htm

• Army Federal Acquisition Regulation Supplement (AFARS) - http://farsite.hill.af.mil/vfafara.htm

• U.S. Army Corps of Engineers Acquisition Instructions (UAI) -http://www.usace.army.mil/BusinessWithUs/Contracting/Resources.aspx

• USACE EP 715-1-7, Architect Engineering Contracting

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Presenter Presentation Notes Firm’s interested in submitting proposals for solicitations with the U.S. Army Corps of Engineers should become familiar with the U.S. Procurement Laws and Regulations.

This slide illustrates and provides links to the Federal Acquisition Regulation (FAR) and it’s supplements. Which apply to this solicitation.

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfdfara.htm http://farsite.hill.af.mil/vfafara.htm http://www.usace.army.mil/BusinessWithUs/Contracting/Resources.aspx

FEDERAL BUSINESS OPPORTUNITIES

• Announcement of Opportunities:

• The synopsis and all subsequent amendments are posted through the Federal Business Opportunities (FedBizOpps)

• It is the offeror’s sole responsibility to obtain the solicitation and any subsequent amendments through the FedBizOpps

• FedBizOpps Website: http://www.fbo.gov

• User guides are located under the “Getting Started” tab

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Presenter Presentation Notes Federal Business Opportunities website is the website used to post U.S. Government contract opportunities.

The link for FBO website is provided. When visiting the site make sure you hit the “Getting Started” tab to familiarize yourself with the website and its functions.

http://www.fbo.gov/

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 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.

• System for Award Management (SAM) Website: https://www.sam.gov/

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Presenter Presentation Notes The Federal Government Mandates that firms must be registered in the System for Award Management (SAM) database PRIOR TO AWARD of a Federal Contract.

Joint Ventures must establish their own DUNS number, CAGE Code, SAM registration. You can not use one of the JVs Partners Registrations.

If your firm or JV is not registered with SAM please register as soon as possible. Prior to registering SAM please obtain DUNs Number and CAGE Code discussed on the next slides.

https://www.sam.gov/

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

• Obtain DUNS Number by contacting Duns and Bradstreet

• Duns and Bradstreet Website: http://www.dnb.com

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Presenter Presentation Notes DUNS Acronym for Data Universal Numbering System. Go to the website link on this slide to obtain your firm’s or JV’s DUNS Number.

http://www.dnb.com/

CONTRACTOR AND GOVERNMENT ENTITY (CAGE) CODE

• The CAGE code is a required piece of data for registering in the System for Award Management (SAM).

• Vendors located in the United States that do not have a CAGE code will be assigned one when registering in the System for Award Management (SAM) database.

• CAGE Website: http://www.dlis.dla.mil/CAGE/cage_welcome.aspx

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Presenter Presentation Notes CAGE Acronym for Contractor and Government Entity Code. Go to the website link on this slide to obtain your firm’s or JV’s CAGE code.

http://www.dlis.dla.mil/CAGE/cage_welcome.aspx

REQUESTS FOR INFORMATION

• Submit technical inquiries and questions relating to this solicitation via Bidder Inquiry in ProjNet

• ProjNet will close 10 calendar days prior to the proposal due date

• Website: https://www.projnet.org

All questions must be submitted via ProjNet. Questions submitted in any other forum will NOT be acceptable.

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Presenter Presentation Notes CAGE Acronym for Contractor and Government Entity Code. Go to the website link on this slide to obtain your firm’s or JV’s CAGE code.

https://www.projnet.org/

ARCHITECT-ENGINEER SERVICES OVERVIEW

$248.6M Shared

Capacity

IDC

Design primarily to HN and US

Standards; some NATO Standards

Support of EDI program with

Aggressive Design Schedules

Primarily D-B-B packages; some D-B packages and Planning Charrettes Period of Performance

Base Contract: 5 Years

Magnitude of Task Orders is

Approximately $100k - $11M

ARCHITECT-ENGINEER SERVICES TYPICAL SCOPE

$248.6M Shared

Capacity

IDC

Perform surveys and investigations:

Geotechnical, topographic, UXO, existing conditions, HAZMAT, etc.

Develop Construction Cost Estimate/Current Working

Estimate

Coordinate with PDT, Installation Personnel, and Local Utility Providers

Responses to RFIs during construction contract

Construction Pre-proposal site visits and support during construction

Develop design packages

Conduct planning charrettes and develop

PDR

THE BROOKS ACT

• Contract will be procured in accordance with Public Law (PL) 92-582 (the Brooks Act) and Federal Acquisition Regulation Part 36

• Firms will be selected for negotiation based on demonstrated competence and qualifications for the required work

• Only those Offerors who originate or are chartered/incorporated within NATO-member nations will be considered

THE BROOKS ACT PROCESS 14

Synopsis Period SF330s Due Evaluation Interviews

(up to 7 MHQ Firms)

Selection Request for Price Proposal (up to 5

MHQ Firms) RFPP Due Cost/Price Analysis

Negotiations Award

The Government intends a target of five (5) AE contracts to the firms deemed Most Highly Qualified in accordance with the selection criteria and with which the Government is able to fair and reasonable price in accordance with the Brooks Act and FAR 36.6.

SELECTION CRITERIA

Primary Selection Criteria

• FACTOR 1: SPECIALIZED EXPERIENCE AND TECHNICAL COMPETENCE

• FACTOR 2: PROFESSIONAL QUALIFICATIONS

• FACTOR 3: PAST PERFORMANCE

• FACTOR 4: KNOWLEDGE OF LOCALITY

• FACTOR 5: CAPACITY

Secondary Selection Criteria

•VOLUME OF DOD CONTRACT AWARDS

Presenter Presentation Notes Primary selection criteria listed below are in descending order of importance

FACTOR 1: SPECIALIZED EXPERIENCE AND TECHNICAL COMPETENCE

FACTOR 2: MANAGEMENT PLAN

FACTOR 3: PROFESSIONAL QUALIFICATIONS

FACTOR 4: PAST PERFORMANCE

FACTOR 5: KNOWLEDGE OF LOCALITY

FACTOR 6: CAPACITY

Secondary selection criteria listed below will only be used in the event of a tie-breaker

GEOGRAPHIC PROXIMITY

VOLUME OF DOD CONTRACT AWARDS

SF330 DUE DATE

Statements of A-E Qualifications are due on or before

15 October 2018 16:00 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

• Late submittals are handled in accordance with FAR 15.208

• Any submittal, 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 —

• If it was transmitted through an electronic commerce method authorized by the synopsis, 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

• 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 SF330s; or

• It was the only SF330 received.

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Late proposals will not be accepted or evaluated. They will be returned to the firm. Late is late, so better earlier than later in this case.

SF330 FORMAT 18

• Submitted in English

• Organized, concise, and tabbed

• Identify solicitation number, name, address, and telephone number of the prime Offeror on the cover

• Table of Contents for each Volume (Volume & page # bottom left side)

• Offeror’s verification that information is current, correct, and complete

• SF330s completely and adequately address the solicitation requirements

• Caution against submitting conditions in the SF330s

• Incomplete SF330s may be rejected

Basic Proposal Submission Requirements

Presenter

Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary

SF330 FORMAT CONTINUED

• SF330 Expenses and Pre-Contract Costs: Government not committed to pay any costs incurred in the preparation and submission of an SF330

• Joint Ventures: Joint Venture must submit a legally binding joint venture agreement. The Government will not evaluate the capability of any Offerors that are not included in the Joint Venture agreement. Joint Ventures must include a copy of the legal joint venture agreement signed by an authorized officer from each of the firms comprising the Joint Venture with the chief executive of each entity identified and must be translated into English, if the original agreement is in a language other than English

• Key Subcontractors: If an Offeror wishes to be credited with the experience of a key subcontract or supplier (i.e., a firm that is not the prime contractor part of the Joint Venture) a letter of commitment signed by the Key Subcontractor and the prime contractor shall be submitted

SF330 SUBMISSION

• A-E Firms that have the capability to perform this work are invited to submit one electronic copy (via the

AMRDEC SAFE Application) and one hard copy of Standard Form 330. The SF 330 Part I shall not exceed 85 pages (8.5-in x 11-in or A4), including no more than 20 pages for Section H. Use of 11in x 17 in or A3 is acceptable, but will be counted as 2 pages against the overall page count

• No Hard Copy proposals will be accepted.

• SF330s shall be submitted utilizing the AMRDEC SAFE Application, https://safe.amrdec.army.mil/safe

SF330S SUBMISSION CONTINUED

• SF330s shall be submitted utilizing the AMRDEC SAFE Application, 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. Everyone has access to SAFE, and the application is available for use by anyone.

• After the package has been uploaded (and verified, if proceeding as a guest), each recipient will receive a link to the package download page as well as a password. These passwords are unique for each recipient (not the package), and will be disabled once SAFE detects that the user successfully downloaded each file within the package. Forwarding recipient and sender notification emails to anyone except the AMRDEC WEB Team is strictly forbidden.

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

EVALUATION RATING CHART (FACTORS 1, 2, 4, 5)

DOD Source Selection Manual Combined Technical and Risk Rating

ADJECTIVE DEFINITION

OUTSTANDING Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

GOOD Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

ACCEPTABLE Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

MARGINAL Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

UNACCEPTABLE Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

FACTOR 1: SPECIALIZED EXPERIENCE AND TECHNICAL

COMPETENCE (FAR 36.602-1(A)(2))

• Demonstrate experience and technical competence of the prime firm, JV partners, consultants, key subcontractors and/or free-lance associates

• Submit a max of ten projects

– At least 90% complete (from 13 September 2018)

– Completed within the last six years (from 13 September 2018)

• Projects shall include the following information:

– prime firm, partner, consultant or key subcontractor executed the project

– description/narrative/photos of the project, scope, location, contract award amount and final cost

– the start date, original contract finish date, the actual finish date

– customer POC with current phone number and email information

• If work was performed as a subcontractor or JV partner, clearly describe what part of the work the firm for which the experience information is submitted performed (both in magnitude and description of the work performed)

• Projects shall also list any key personnel that worked on the submitted projects

• Indefinite-Delivery Contracts (IDC), where numerous Task Orders are listed together for the exact same project and are completed under the same base contract IDC are acceptable.

FACTOR 1 CONTINUED

• Projects submitted for consideration should demonstrate experience in the following areas. Projects demonstrating experience in multiple categories will be considered more relevant:

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Developing Request-For-Proposal packages for design/build and design/bid/build horizontal and vertical projects

Design of military facilities in the stated countries that consider both

U.S. design codes, host nation specific design codes and standards, as well as NATO requirements.

Preparation of design criteria, architectural engineering designs, specifications, design-related analyses and studies, and cost estimates for military facilities.

Environmental documentation preparation, permits, special studies, and other environmental activities as required by US, NATO, and host nation laws and regulations

Preparation of feasibility studies, other special studies, geotechnical investigations and topographical mapping services, programmatic support services, as-builts, and engineering and design during construction

Planning services such as comprehensive master plans, installation real property master planning, infrastructure assessments, planning & design charrettes, CAD/GIS mapping, and systems analysis of existing facilities and infrastructure

Construction inspection services, and certification that the construction is in conformance with the design in accordance with host nation requirements.

FACTOR 1: EVALUATION

• The Government will evaluate the specialized experience and technical capability of the prime firm and any subcontractors for the submitted projects.

• Offerors who demonstrate experience completing design/bid/build and design/build horizontal and vertical design packages in all of the listed countries may be deemed more highly qualified.

FACTOR 2: PROFESSIONAL QUALIFICATIONS (FAR 36.602-

1(A)(1)):

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• Identify the qualifications of personnel in the following key disciplines:

Program Manager Project Manager Architect Civil Engineer Electrical Engineer Structural Engineer Mechanical Engineer

• Propose at least one person for each of the key disciplines; an individual may not be proposed for multiple disciplines

FACTOR 2: EVALUATION

The Government will evaluate and consider the education, training, professional registration, certification, language ability (at a minimum English), overall and relevant experience and longevity with the proposed team for all the key personnel proposed.

Submittals should demonstrate that the firm's staff is capable of certifying that all work is in compliance with all applicable codes and regulations.

FACTOR 3: PAST PERFORMANCE (FAR 36.602-1(A)(4)):

• Offerors shall submit the Past Performance Information Retrieval System

(PPIRS) or Contractor Performance Assessment Reporting System (CPARS) evaluation for the projects submitted in Factor 1. If there is no CPARS or PPIRS evaluation is available for a project, Attachment Two (2), Past Performance Questionnaire shall be submitted to the client for the projects the Offeror includes in its proposal for the Factor Specialized Experience and Technical Competence.

• In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance.

• 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. To the extent such documentation is not in the English language, a translation must be provided in order for the documentation to be Considered.

FACTOR 3 PAST PERFORMANCE - CONTINUED

• 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.

• 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.

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Presenter Presentation Notes In lieu of attachment 3 offerors may provide a completed DoD DD Form 2626 CPAR. Ensure signatures form the designated authority is on the 2626.

Submit Performance recognition documents received within the last six years.

Again the Government reserves the right to review any other sources of information for evaluating past performance.

FACTOR 3: EVALUATION

• Past Performance of the A-E, joint venture, partners, and key subcontractors on DOD and other contracts with respect to cost control, quality of work and compliance with performance schedules as determined from the Past Performance Information Retrieval System (PPIRS), Past Performance Questionnaires (PPQs) and other sources will be evaluated. Incomplete and unsigned PPQs will not be considered. The Government will evaluate the Offeror’s past performance to determine how relevant project work is, as described in Factor 1 Specialized Experience and Technical Competence. 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.

FACTOR 4: KNOWLEDGE OF LOCALITY (FAR 36.602-1(A)(5)):

• Knowledge of engineering and design stated countries to include coordination with host nation authorities.

Additionally, offerors must demonstrate an understanding of certification and registration requirements for companies in the listed countries and the ability to meet the requirements. Offerors must also demonstrate the ability to communicate in the host nation’s acknowledged national language(s) and English.

FACTOR 4: EVALUATION

The Government will evaluate the Offeror’s plan in relation to their design capabilities.

FACTOR 5: CAPACITY TO ACCOMPLISH THE WORK (FAR

36.602-1(A)(3)):

• Capacity to perform approximately $10,000,000 in the required type of work within a one-year period. The evaluation will consider the availability of an adequate number of personnel in key disciplines to complete the task orders and offeror's project execution strategy. The evaluation will consider the key personnel identified in Sections D, E, and G of the SF 330, as well as other available staff and information provided in Section H and Part II (SF 330, Part I, Section H, Item 1).

FACTOR 5: CONTINUED

• The Offeror’s Management Plan shall include the following elements:

– Organization Structure and Staffing Detailed description and organization chart

ALL offices and their relationship ALL JV partners and major subcontractors Functions/positions filled by each Which firm is responsible for each item of work Interdisciplinary and interoffice communication, supervision, and process Clearly delineate lines of authority on chart Description of duties, roles, major responsibilities, and authorities for identified personnel

– Project Execution, Schedule, and Management Plan to successfully execute within time allowed Schedule including:

Major portions of work Submittals, reviews, and approval period

Ability to execute tasks in the stated countries

– Quality Control and Processes Detailed Quality Control Plan and processes

FACTOR 5: EVALUATION

Evaluation will be based on the board's subjective assessment of the firm's ability to effectively address the Capacity to Accomplish Work as described above.

A firm that more effectively addresses all of the Capacity requirements will be considered more highly qualified than one that is not able to.

A firm with a longer relationship with key sub-consultants may be considered more highly qualified than one with a shorter relationship with key sub-consultants.

PERFORMANCE EVALUATION PROCESS

In accordance with FAR 42.1502, the Contractor’s performance will be evaluated upon completion of each contract with a total dollar value of $35,000 or more.

Interim evaluations must be prepared every 365 calendar days and may be prepared at any time during performance when determined to be in the best interest of the Government.

The Government reserves the right to complete an administrative report on the base contract in accordance with the Contractor Performance Assessment Reporting System guidance. For administrative reports, the contractor shall be rated as Satisfactory provided that the evaluations are conducted at the contract level.

PAYMENTS

FAR 52.232-10 is the payment clause for A-E contracts. The payment clause and process will be discussed with an A-E firm during negotiations. The clause allows for monthly progress payments. The contract (typically under Section G, Contract Administration Data) should specify the format of the payment request (typically ENG Form 93, Payment Estimate - Contractor Performance is used) and any required supporting data, such as a written description of the work completed in the payment period, a bar chart of work progress, and example work products.

Payments are by electronic funds transfer in accordance with the Debt Collection Act of 1996, and must be made promptly in accordance with FAR 52.232-26, Prompt Payment for Fixed-Price A-E Contracts.

UNITED STATES LAW

• Contract will be 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

• U.S. Army Corps of Engineers Acquisition Instructions (UAI) -http://www.usace.army.mil/BusinessWithUs/Contracting/Resources.aspx

File Name http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfdfara.htm http://farsite.hill.af.mil/vfafara.htm http://www.usace.army.mil/BusinessWithUs/Contracting/Resources.aspx

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

JOINT VENTURES

• If Submitting an SF330 as Joint Venture (JV), the experience and past performance for each joint venture partner will be considered for the JV entity.

• JVs shall submit the following:

• A legally binding JV agreement signed by an authorized officer from each of the firms comprising the JV.

• Shall identify the Chief Executive of each entity identified

• Shall be translated into English

• Shall include a detailed statement outlining, in terms of percentages, and where appropriate, the eight (8) bullets listed

• i.e. Relationship of the JV in terms of ownership, capitol contribution, profit distro/loss sharing; bonding responsibilities; party having overall control, etc.

• Note: The JV agreement must show that the JV members are jointly and severally liable for any obligations under the contract

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 Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

52.000-4004 IMMUNITY FORM LEGAL PROCESS

• 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 stated country’s court, the prime contractor must defend the suit and to indemnify and save harmless – legal terms meaning you will pay any judgment rendered in the stated country’s courts, 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

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

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

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

• DBA Insurance will be procured on a Task Order by Task Order basis

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

File Name http://www.dol.gov/owcp/dlhwc/lscarrier.htm

DEFENSE BASE ACT (DBA) INSURANCE - CONTINUED

• After Contract 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

52.236-22 -- DESIGN WITHIN FUNDING LIMITATIONS.

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) below. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation.

These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor’s revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) below, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is TBD at Task order level.

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AMOUNT WILL BE ESTABLISHED DURING NEGOTIATIONS. If the price of construction proposed in response to a Government solicitation exceeds the construction funding limitation in the architect-engineer contract, the firm shall be solely responsible for redesigning the project within the funding limitation. However, if the cost of proposed construction is affected by events beyond the firm’s reasonable control (e.g., if there is an increase in material costs which could not have been anticipated, or an undue delay by the Government in issuing a construction solicitation), the firm shall not be obligated to redesign at no cost to the Government.

FAR 52.236-23

Responsibility of the Architect-Engineer Contractor (Apr 1984)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract.

The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

(b) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.

(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder

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A firm may be liable for Government costs resulting from errors or deficiencies in designs furnished under its contract. Therefore, when a modification to a construction contract is required because of an error or deficiency in the services provided under an architect-engineer contract, the contracting officer shall consider the extent to which the architect-engineer contractor may be reasonably liable. Contractors shall be required to make necessary corrections at no cost to the Government when the designs, drawings, specifications, or other items or services furnished contain any errors, deficiencies, or inadequacies.

SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND

CONSULTANTS (ARCHITECT-ENGINEER SERVICES) 52.244-4

This clause stipulates that the contractor obtain the written consent of the Contracting Officer prior to substitution of subcontractors, associates, or consultants specifically identified and agreed to during negotiations. The prime A-E firm must obtain the KO’s consent to change any subcontractors that were identified during selection and negotiation. The KO should refer the qualifications of any new subcontractor to the original selection board (to the extent that these individuals are available) for evaluation. Approval of these substitutions may result in a price credit to the Government.

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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