FINAL_FY19_Turkey_JOC_PPC_Slides_2019.06.17.ppt

PRE-PROPOSAL CONFERENCE

SOLICITATION #: W912GB19R0001

FY19 TURKEY JOB ORDER CONTRACT (JOC)

Presented by:

U.S. Army Corps of Engineers Europe District

17 June 2019 Frankfurt, Germany

Welcome

Thanks

Facilities

USACE TEAM INTRODUCTIONS

INTRODUCTION

Information Provided for this Pre-Proposal Conference

Any content of this presentation, remarks or explanations provided are for general information and do not change the terms and conditions of the solicitation.

DISCLAIMER

THE UNITED STATES ARMY CORPS OF ENGINEERS & THE EUROPE DISTRICT

JENNIFER ALDRIDGE

Planning design award and constrctuon

U.S. Army Corps of Engineers

Mission: USACE provides vital engineering solutions, in collaboration with our partners, to secure our Nation, energize the economy, and reduce risks of disasters.

USACE is globally engaged and regionally aligned

Other…

Central Area Office – Sembach, Germany Ramstein AFB RO Spangdahlem AFB PO Kaiserslautern RO Germersheim PO Baumholder RO

BENELUX RO - Mons, Belgium Brunssum PO Netherlands Brussels PO - Brussels

Hessen Area Office –Wiesbaden, Germany Wiesbaden RO

CIC PO

Grafenwoehr RO Ansbach PO Hohenfels PO Garmish PO Stuttgart PO

District HQ – Wiesbaden Special Projects RO

(AFRICOM/EUCOM)

ROBMC (Hospital) Area Office* Poland MD Area Office (Redzikowo, Poland)

Israel Area Office North RO Haifa PO Central RO South RO RO: Resident Office PO: Project Office *Planned Office Northern Europe Area Office (Poznan, Poland) Powidz RO – Powidz, Poland Lask PO – Lask, Poland Riga RO – Riga, Latvia Tallinn PO – Tallinn, Estonia

Southern Europe Area Office (MK, Romania) Romania RO – Mihail Kogalnicheanu (MK) Campia Turzii PO – Romania* Romania MD PO – Deveselu, Romania NSTA PO – Bulgaria Mediterranean RO – Vicenza, Italy Aviano PO Livorno PO TUSEG – Incirlik AB, Turkey Caucasus PO – Tbilisi, Georgia

EUROPE DISTRICT OFFICES

This map shows our more than 30 field office in 14 countries.

EUROPE DISTRICT - TUSEG OFFICE

The U.S. Army Corps of Engineers has been working in Turkey since 1950. The United States Engineer Group, or TUSEG, was formed with it’s first office located in Ankara. Later, in 1976, the then-Europe Division, now-Europe District took responsibility for construction work in Turkey for U.S. Forces. In 1979, the TUSEG resident office was formed and staffed, and relocated to Incirik Air Base. The office has a rich history of delivering military construction projects throughout Turkey with the support of local contactors.

JOB ORDER CONTRACTING (JOC)

MR. JOHN MCCORMICK

JOC PROGRAM MANAGER

Planning design award and constrctuon

Sustainment, Restoration and Modernization (SRM) type of projects

JOB ORDER CONTRACT OVERVIEW

Suggest inserting a TABLE to show this

TASK ORDER LIMITATIONS:

The Minimum Task Order $2,500 and the Maximum Task Order is limited to $2,500,000. However, smaller and larger dollar value projects may be considered at the discretion of the Contracting Officer.

PROJECT LOCATIONS:

The geographical area covered by this contract includes work in Turkey primarily at Incirlik Air Base with additional work in Ankara and Malatya in direct support of the US Government, US Department of Defense, and other US facilities located throughout Turkey.

TURKEY JOB ORDER CONTRACT

Ref: RFP Section 01 11 00 Summary of Work

Mention agreement w/contractor

Unit Price Book (UPB): The UPB titled “2016 Germany UPB Update – Euro Based” is to be used in the pricing and execution of work under this contract.

Non Pre-Priced (NPP): Items of work not covered by the UPB that are within the Scope of the Contract are considered NPP. NPP items shall be negotiated quantities based on actual quotes that are incorporated into Task Orders.

COEFFICIENT: Contractor proposed, numerical factor that represents contractor costs direct and indirect not considered to be included in the UPB.

PRICING

Ref: RFP Section 01 11 00 Summary of Work

UNIT PRICE BOOK (UPB)

unit of measure and price All UPB prices and their respective coefficients are established at the award of contract.

SAMPLE TASK ORDER

The Sample Task Order illustrated below is intended to be used as an EXAMPLE ONLY, prices and coefficients are not actual prices.

Sample Parking Lot Project Discuss Individual Line Item Discuss Coefficients and Total Price Discuss Project Overall Costs

SAMPLE TASK ORDER

The Sample Task Order illustrated is intended to be used as an EXAMPLE ONLY, prices and coefficients are not actual prices.

Ref: RFP Section 01 11 00 Summary of Work

JOC PROCESS OVERVIEW

Highlight key processes for Contractor Show graphic with all major Parties (Customer, PM. Contracting Specialist, Contractor, COR) Discuss Construction involvement with COR

PROCUREMENT MATTERS

MARK HISCOX / JOSHUA MUELLER

CONTRACTING SPECIALIST / CONTRACTING OFFICER

OVERVIEW

TIMELINE

Pre-Proposal Conference – 17 JUN 2019

Proposals Due Date (PDD) – 05 JUL 2019

Anticipated Award – Late SEPT or early OCT 2019

REGISTRATIONS & IDENTIFICATION NUMBERS

NATO Commercial and Government Entity (NCAGE) Code http://www.dlis.dla.mil/cage_welcome.asp

Provisions/clauses require all contractors to register and maintain an active SAM entity registration in order to be eligible for contract awards, as prescribed by the regulation at FAR Subpart 4.11.

Solicitations Provision: FAR 52.204-7 SAM Contract Clause: FAR 52.204-13 SAM Maintenance

SYSTEM FOR AWARD MANAGEMENT

Ref: RFP Section 00 21 00 - Instructions

U.S. Federal Government mandates contractor registration in the System for Award Management (SAM) prior to the award of a Federal contract.

How does your company register in SAM? Go to: https://www.sam.gov/ The website contains a video overview briefing and user guides for assistance.

For Help with SAM or FBO, Contact the Federal Service Desk: www.fsd.gov

SYSTEM FOR AWARD MANAGEMENT

Reference: Federal Acquisition Regulation (FAR) clause 52.204-7

All Requests for Proposal (RFP) documents and amendments are available for viewing at the Federal Business Opportunities (FBO) website http://www.fbo.gov

It is the Offeror’s responsibility to check the website for any amendments.

The FBO vendor guide has information & instructions on how to utilize FBO, accessible via the following web URL: https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf

SOLICITATIONS & AMENDMENTS

Pay special attention to stated proposal deadlines. Late proposals in nearly all cases will not be considered.

The Bids/Responses feature is enabled by the Buyer (USACE) for this solicitation. Offerors shall submit an electronic response through document upload.

Vendors must login to be able to submit/review electronic responses.

PROPOSAL SUBMISSION

FBO REGISTRATION

Enter DUNS

Offerors shall submit inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet. See the solicitation for ProjNet registration instructions.

Bidder Inquiry Key:

VGZEJN-4HEQHE

Bidder Inquiries will be closed to new inquiries TEN calendar days before the proposal due date in order to appropriately respond and amend the solicitation, if necessary.

PRE-PROPOSAL INQUIRIES VIA PROJNET

Ref: RFP Section 00 21 00 - Instructions Enter Inquiry Key Select USACE Enter Email

W912GB19R0001 – FY19 TURKEY JOC

File Size Limitations. Offerors are advised to follow the FBO instructions for uploading files larger than 10MB (java upload).

File Name. Each filename shall begin with the solicitation number, followed by the word “RESPONSE”, followed by your firm’s name, and finally a brief file description. EXAMPLES:

GENERAL SUBMISSION INFORMATION (1 OF 3)

Reference Section 00 21 00 Instructions

File Organization, Formatting, and other instructions.

Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages.

Offerors shall prepare proposals in the English language.

Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented.

Files shall be submitted in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text.

GENERAL SUBMISSION INFORMATION (2 OF 3)

Upload Completion & Deadline.

Interested parties shall submit responses no later than the date specified on solicitation document.

The time & date of proposal receipt will be the upload completion / delivery time & date recorded within FBO.

Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting.

GENERAL SUBMISSION INFORMATION (3 OF 3)

VOLUME I, NON-PRICE

Section A - Executive Summary. Include a one page cover letter and any applicable fully-executed joint venture agreements.

Section B - Factor 1, Experience. Include a Experience Overview sheet and a completed Experience Information Sheet for each project.

Section D - Factor 2, Past Performance. Include completed CPARS records and/or completed Past Performance Evaluation Questionnaire Forms for each project submitted under Factor 1.

Section C - Factor 3, Management Approach. This section shall include a narrative describing the Offeror’s proposed management approach. Limited to 20 pages.

PROPOSAL FORMAT – VOLUME I

VOLUME II, PRICE & ADMINISTRATIVE MATTERS

Section A – Cover Letter. Offerors shall submit a cover letter in accordance with FAR 52.215-1(c)(2), including:

The solicitation number.

The Offeror’s name, address, and phone/email contact information.

A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered.

Names, titles, and telephone / email contact information of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation.

Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority.

Section B – Completed Solicitation Form (and amendments). Offerors shall submit a completed Standard Form (SF) 1442 using a printed copy of the SF 1442 included in this solicitation. If applicable, Offerors shall also submit a completed SF 30 for each solicitation amendment, acknowledging all the amendments.

PROPOSAL FORMAT – VOLUME II

VOLUME II, PRICE & ADMINISTRATIVE MATTERS (Continued) Section C – Completed Price Schedule. Offerors shall submit a completed price schedule, including proposed prices for all items for the base and all option years (schedule provided as RFP attachment).

Section D – Bank Letter of Assurance in the amount of €3,000,000. See format provided as RFP attachment.

Section E – SAM Registration, Representations & Certifications. Offerors shall submit the following:

A completed clause FAR 52.204-8(d).

A copy of their current “Entity Registration” in the System for Award Management (SAM) as recorded at www.sam.gov, showing the following sections: “core data, “assertions”, and “POCs”.

A copy of their current “FAR & DFARS Report” that demonstrates all their completed representations and certifications as recorded at www.sam.gov.

Section F - Financial Information (e.g. past three years financial statements, annual reports, Dun & Bradstreet Ratings, and or number, bank name, and POC, etc).

PROPOSAL FORMAT – VOLUME II (CONT)

Trade-off Process (FAR 15.101-1) In the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror. Factors include:

Non-Price Factors:

Factor 1 – Corporate Relevant Specialized Experience Factor 2 – Past Performance Factor 3 – Management Approach

Price Factor Factor 4 –Unit Price Book (UPB) Coefficients

Relative Importance of the Evaluation Factors. In accordance with FAR 15.304(e), the non-priced factors, when combined, are approximately equal in importance to price.

SOURCE SELECTION APPROACH

Ref: RFP Section 00 22 00 - Evaluation

KEY DEFINITIONS

For Factor 1 evaluation purposes, the definition of a recent and relevant contract must meet the following conditions:

The contract was awarded to the Offeror as the prime contractor. In the case of an Offeror that is a JV, the contract must have been awarded to either member of the JV as the prime contractor, performing on its own or as a member of a different JV. In the case of an Offeror that is a JV and the contract was awarded to either member of the JV performing as a member of a different JV, the Offeror must demonstrate that it had meaningful participation in that contract as the prime contractor while a member of that different JV. In the case of an Offeror that is a prime-sub team (see previous paragraph on teaming arrangements), the contract must have been awarded to the prime or the key sub-contractor.

The contract was completed no earlier than five calendar years before the closing date of the RFP or has been ongoing for at least one year before the closing date of this RFP.

RECENT AND RELEVANT CONTRACTS (1 OF 2)

For Factor 1 evaluation purposes, the definition of a recent and relevant contract must meet the following conditions:

The contract is fundamentally for building renovations that include floors, doors, walls, windows, external facades, repairs to roofs; repair/replacement of major building systems such as electrical, mechanical, HVAC; Civil work, that includes concrete/asphalt roads and pavements, earthwork, and drainage structures; and environmental work, such as hazardous material abatement and disposal.

Projects with a minimum cost of $50,000. (An amendment to solicitation will be issued to correct this amount to dollars instead of Euro)

RECENT AND RELEVANT CONTRACTS (2 OF 2)

The Source Selection Team will evaluate Offerors under this factor to determine the depth and breadth of the Offeror’s experience that demonstrates the ability to accomplish the work specified under this solicitation. Offerors must submit no more than five projects meeting the criteria in Paragraph C.3.Recent and Relevant Contracts.

The Experience Information Sheet shall not exceed 4 pages per contract.

For Offerors submitting as a Teaming Arrangement, each firm/contractor in the Teaming Arrangement, whether JV or prime/key sub, shall submit a minimum of one (1) project. If more than five projects are submitted by an Offeror, the Government will only review the first five (5) projects. The projects will be reviewed in the order in which they are received in Offeror’s submitted proposal.

FACTOR 1: CORPORATE EXPERIENCE (1 OF 2)

For the purposes of evaluation under this factor, more consideration will be given to an Offeror that demonstrates greater depth and breadth of experience that involve the following (listed in no order of importance).

NOTE: Offerors are cautioned that the SST may assess weaknesses against experience examples that are not verifiable, and/or where the Offeror or their proposed subcontractor were subcontractors and their role in the project was minor in comparison to the whole project.

FACTOR 1: CORPORATE EXPERIENCE (2 OF 2)

FACTORS 1 & 3 RATING

Ref: RFP Section 00 22 00 - Evaluation

RISK LEVELS

The SST will evaluate Offerors under this factor to determine how likely Offerors will be successful on the work under this solicitation.

The Offeror's past performance will be evaluated based on performance on projects submitted under Factor 1 Experience, as well as other projects not submitted by the Offeror, to include the past performance of any Subcontractors or JV partners the Offeror may have submitted.

The Government’s past performance evaluation will include an assessment of past performance on any and all relevant past performance. NOTE: The evaluation for this factor uses a much broader definition of what is relevant as compared to Factor 1 Experience. This assessment will be based on consideration of all relevant facts and circumstances, including any trends in past performance.

Key focus areas will include the following (see PPQ): Quality, Schedule/Timeliness of Performance, Customer Satisfaction, Management/Personnel/Labor, Cost/Financial Management, AND Safety/Security

FACTOR 2: PAST PERFORMANCE (1 OF 3)

Also include performance recognition documents received for the Factor 1 projects such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. Offerors shall provide a copy of any Cure Notices or Show Cause Letters received by the Offeror for each submitted project and a description of any corrective action implemented by the Offeror. The Offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

The Government may verify information provided by the Offeror with any source available and has the right to contact points of contact other than those listed by the Offeror.

In rating past performance, the Government may consider available past performance information on predecessor companies, or employment histories of key personnel, or committed subcontractors performing key elements of the project. 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.

FACTOR 2: PAST PERFORMANCE (2 OF 3)

Past Performance Relevancy Rating. The first aspect of the past performance evaluation is to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection. Relevancy is not separately rated, however. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming.

Performance Confidence Assessment. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. In conducting the confidence assessment, each Offeror shall be assigned one of the ratings identified on NEXT SLIDE.

FACTOR 2: PAST PERFORMANCE (3 OF 3)

Note: 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 15.304(a)(2)(iv)). If an Offeror has no relevant past performance history, the Offeror must affirmatively state that it possesses no relevant directly related or similar past performance.

Performance Confidence Assessments:

Rating

Definition

Substantial Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence

Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to ‘successfully perform the required effort.

Evaluators will determine whether the Offeror’s management approach is logical, feasible, and demonstrates a comprehensive understanding of the complexity of managing the contract. The information shall provide charts, tables, sketches and maps as needed to make the work approach understandable.

In performing the evaluation, the Government will evaluate the following:

See previous slide 39 for combined technical/risk rating.

FACTOR 3: MANAGEMENT APPROACH

Price will not be rated, but will be considered in establishing the competitive range prior to discussions (if held) and in making the final determination of best value. The Government will perform price analysis on all proposals received in accordance with FAR 15.404-1 to determine completeness, balanced pricing, reasonableness, and understanding of the work.

COEFFICIENTS

Offerors are required to price for all items for the base and all option ordering periods. See the RFP Section 01 11 00 for a definition of UPB Coefficients and sample Task Order Proposal (RFP attachment). From a price perspective, an offer’s overall value will be assigned as being the TOTAL PERCEIVED ORDERS VALUE (see notes on the price schedule). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

Comparison of proposed prices received in response to the Solicitation.

Comparison of proposed prices with the independent Government estimate Comparison of proposed prices with available historical information.

FACTOR 4: PRICE (1 OF 2)

The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the Solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

Prices proposed will be analyzed to determine if the prices are unbalanced. If the price analysis indicates that an offer is unbalanced the contracting officer shall consider the risks to the Government associated with the unbalanced pricing. An offer will be rejected if the lack of balance poses an unacceptable risk to the Government. From a price perspective, an offer’s overall value will be assigned as being the sum of all the CLINs added together.

FACTOR 4: PRICE (2 OF 2)

PRICE FACTOR: COEFFICIENTS

Ref: RFP Attachment 6

DEMONSTRATION ONLY!

Factor 4, Unit Price Book (UPB) Coefficients. Offerors are required to price for all items for the base and all option ordering periods. See the RFP Section 01 11 00 for a definition of UPB Coefficients. See also the attached sample Task Order Proposal for an explanation of how the coefficients will be applied per Task Order. Prices proposed will be analyzed to determine if the prices are unbalanced. If the price analysis indicates that an offer is unbalanced the contracting officer shall consider the risks to the Government associated with the unbalanced pricing. An offer will be rejected if the lack of balance poses an unacceptable risk to the Government. From a price perspective, an offer’s overall value will be assigned as being the sum of all the CLINs added together.

PRICE FACTOR: PERCEIVED ORDERS VALUE

a) Location weighting: Area 1 = 40%, Area 2 = 40%, Area 3 = 10%, Area 4 = 10%

b) Coefficient weighting: Pre-Priced (Regular) = 80%, Pre-Priced (Other than Regular) = 10%, Non Pre-Priced Coefficient = 10%

will be the TOTAL PERCEIVED ORDERS VALUE.

Ref: RFP Attachment 6

DEMONSTRATION ONLY!

Factor 4, Unit Price Book (UPB) Coefficients. Offerors are required to price for all items for the base and all option ordering periods. See the RFP Section 01 11 00 for a definition of UPB Coefficients. See also the attached sample Task Order Proposal for an explanation of how the coefficients will be applied per Task Order. Prices proposed will be analyzed to determine if the prices are unbalanced. If the price analysis indicates that an offer is unbalanced the contracting officer shall consider the risks to the Government associated with the unbalanced pricing.

What is a Debriefing?

A Debriefing under FAR Part 15 is an opportunity for an offeror to better understand the basis for an agency’s selection decision.

Debriefings give you a chance to hear from the agency regarding:

Offeror must submit a debriefing request to USACE within 3 calendar days after notification of exclusion from the competitive range or contract award.

DEBRIEFINGS

Pre-Award – FAR 15.505 Post-Award – FAR 15.506

FAR 15.506(a)(1). Note: The Agency still may grant a request for a Debriefing even though it was not timely requested. FAR 15.506(a)(4)(i).

FINAL COMMENTS / REMINDERS

Offerors with technical inquiries shall submit their inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet. Bidder Inquiry Key: VGZEJN-4HEQHE

You may be disqualified for submitting a proposal that does not meet all of the requirements.

Proposals must be submitted using Bids/Responses feature on FBO

Insert FBO

Mark Hiscox

Joshua Mueller

POINTS OF CONTACT

Reference Section 00 00 00 - Procurement and Contracting Requirements

U.S. PROCUREMENT LAW & OVERSEAS CONTRACTING

MS. LESLIE REED

ASSISTANT COUNSEL

OVERVIEW

Contracts are awarded and executed under United States 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. PROCUREMENT LAW AND REGULATIONS

Mention Part 15 Contract by Negotiations Part 16 Types of Contracts Part 36 Construction & AE

DFARS 252.233-7001

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.

CHOICE OF LAW (OVERSEAS)

USEUCOM CLAUSE 52.000-4004

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.

IMMUNITY FROM LEGAL PROCESS

COMPLIANCE WITH LOCAL LABOR LAWS

DEFENSE BASE ACT (DBA) INSURANCE

TAX EXEMPTIONS & MATERIAL LISTS

The contractor is required to obtain all materials and equipment from sources within Turkey wherever possible; only those items which are not available within Turkey or from suppliers, distributors, vendors, or manufacturers located in Turkey may be imported by the contractor.

The contractor is responsible for preparation of all documents necessary to meet the requirements of the Government of Turkey. Any delays/damages to the Contractor due to material list approval being delayed as the result of erroneous or incorrect information submitted become the sole responsibility of the Contractor.

TAX EXEMPTIONS & MATERIAL LISTS, CONT.

VALUE ADDED TAX (VAT)

Note: If a Joint Venture (JV), the Bank Letter of Assurance must cover the JV, not just one member of the JV.

BONDING REQUIREMENTS

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:

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

JOINT VENTURES

See RFP Section 00 21 00 for exact Instructions

During Source Selection, prime contractors can receive credit for the experience, past performance and capabilities of a teaming partner, a key subcontractor or an affiliate provided the proposal includes a commitment agreement with full disclosure of the teaming arrangement and company relationships. These must be signed by authorized representatives of all team members.

-The proposal must explain the major or critical aspects of the work to be performed by each team member (to include identification of team members, a full description of roles and responsibilities of team members, and the duration of the agreement).

TEAMING AGREEMENTS, KEY SUBCONTRACTORS & AFFILIATES

A similar commitment & agreement is required to rely on the experience or past performance of an affiliate. There must be a commitment to contribute on future task orders in a meaningful way (what will the affiliate provide in terms of specific resources, personnel, etc.).

TEAMING AGREEMENTS, KEY SUBCONTRACTORS & AFFILIATES, CONT.

EXPERIENCE/PAST PERFORMANCE

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

USACE expects the prime contractor 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, the U.S. Government deals with primes, not subcontractors.

PRIME CONTRACTOR PROJECT MANAGEMENT

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 or materials turn 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 costs.

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

PRIME CONTRACTOR PROJECT MANAGEMENT, CONT.

CONTRACTOR RESPONSIBILITY

Per RFP/Specifications, the following are examples of the types of items that are the sole responsibility of the Contractor (to investigate, estimate as to cost, and assume the risk):

a. Official language and type of accounts required to satisfy the officials of the Local Government.

b. Entry and exit visas, residence permits, and residence laws applicable to aliens.

c. Passports, health and immunization certificates, and quarantine clearance.

d. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

e. Strikes, demonstrations and work stoppage.

f. Collection through withholding and payment to local Government, of any HN income tax on employees subject to tax.

CONTRACTOR RESPONSIBILITY, CONT. 2

g. Arranging to perform work in the HN, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

h. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, days of rest or other non-work days, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays, and ratio of local labor employed in comparison to others.

i. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

j. Compliance with workmen's compensation laws and contributions into funds. Provisions of necessary medical service for Contractor employees.

CONTRACTOR RESPONSIBILITY, CONT. 3

k. Special license required by the local Government for setting up and operating any manufacturing plant in the HN, e.g. concrete batching, precast concrete, concrete blocks, etc.

l. Sales within the HN of Contractor-owned materials, and equipment.

m. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

n. Identification and/or registration with local police of imported personnel.

o. Stamp tax on documents, payments and payrolls.

p. Base passes for permanent staff, day laborers, motor vehicles, etc.

q. Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

SITE ACCESS

The Contractor shall be responsible for obtaining access and adhering to all guidelines established by the local authorities and installation commanders for access to the work site and will be responsible for the daily access of their personnel and subcontractor workers.

QUESTIONS?