FY19_Albania___Kosovo_MATOC_Pre_Proposal_Slides_Final.PPT

US Army Corps of Engineers

BUILDING STRONG®

FY 19 Albania / Kosovo MATOC

Pre-Proposal Conference Solicitation No.

W912GB-19-R-0014

26 November 2019

Agenda

Welcome - Solicitation Information:

Dean DeFord, NAU Contracting

How to fill out proposal:

Elizabeth Francia, Program Manager

Legal Matters:

Jay Aldridge, NAU Office of Counsel

Welcome

Dean DeFord, NAU Contracting

Pre-Proposal Conference Multiple Award Task Order Contract (MATOC) Albania / Kosovo

Please sign in Turn off cell phones Slide *

Make sure people sign in and turn off cell phones.

Disclaimer Information Provided During Pre-proposal Conference Any remarks or explanations provided during this Pre-proposal Conference are for general information and will not change the terms and conditions of the solicitation.

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

Contracting Officer Authority

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of a contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of a contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

Contracting Officer Representatives (CORs) cannot change the contract in terms of time or money They can only enforce what is written in the contract Slide *

Federal Business Opportunities Announcement of Opportunities: The synopsis, solicitation and all subsequent amendments are posted through the Army Single Face to Industry (ASFI) to 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

Federal Business Opportunities

Type Solicitation or Name/ Number here and then press Search

Click here

Click on the Packages tab to access the Zip file

Opens the document in a separate browser window

System for Award Management Mandatory Registration in SAM: The Federal Government mandates that a contractor be registered in the System for Award Management (SAM) database prior to the award of a Federal contract. Federal Acquisition Regulation (FAR) clause 52.204-7 states that in order to do business with the Government, the contractor must be registered in the SAM database. Firms interested in doing business with the Federal Government should now visit the “System for Award Management (SAM)” website, which consolidates Federal procurement systems such as CCR and ORCA. The Joint Venture (JV) must be registered prior to award with a unique Duns and Bradstreet Number and CAGE Code. You can not use one of the JV partner’s registration.

https://www.sam.gov/

The website contains a video overview briefing and user guides for assistance.

Note: All CCR data has been migrated into SAM. If already registered, please wait to create an account in SAM until a month prior to your registration expiration.

DUNS Number Obtain a Data Universal Numbering System (DUNS) Number:

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

http://www.dnb.com

CAGE Code Obtain a Contractor and Government Entity Code (CAGE):

The CAGE code is a required piece of data for registering in the System for Award Management (SAM). If you are a vendor located in the United States and do not have a CAGE code, a CAGE code will be assigned to you when you register in the SAM database for the first time.

CAGE Websites

The CAGE welcome information page is at: http://www.dlis.dla.mil/CAGE/cage_welcome.aspx

Who do I contact in Contracting?

Dean DeFord (Contract Specialist) Telephone: +49 061197442113 Dean.P.DeFord@usace.army.mil

Kristina Morrow (Contracting Officer) Telephone: +49 0491622544770 Kristina.Morrow@usace.army.mil

U.S. Procurement Laws and Regulations Federal Acquisition Regulation (FAR) http://farsite.hill.af.mil/vffara.htm

Defense FAR Supplement (DFARS) http://farsite.hill.af.mil/vfdfara.htm

Army FAR Supplement (AFARS) http://farsite.hill.af.mil/vfafara.htm

USACE Acquisition Instructions http://www.usace.army.mil/BusinessWithUs/Contracting/Resources.aspx

What is a MATOC?

Indefinite-Delivery Indefinite-Quantity (IDIQ) (Task Order Contract)

Awarded to more than one firm (Multiple Award) Best Value Procurement Contractors compete for Task Orders

Task Orders Contract clauses in the base contract are applicable to each Task Order.

Bank Letter Guarantee (BLG) will be required for each Task Order at 10% of Task Order Award Value.

Design/Build. Level of design is anywhere from 0%–100%.

Multiple Award Task Order Contract (MATOC) The geographical area covered by this contract will include work throughout Albania / Kosovo.

In direct support of U.S. Government, U.S. Department of Defense and Humanitarian Assistance Programs.

MATOC

Period of Performance One five year ordering period

Maximum Contract Value $15,000,000 for the life of the contract

Minimum Guarantee $5,000 for the life of the contract base period and option periods

What do I need to Submit?

Section 00 21 00 “Instructions to Bidders/Offerors” of the solicitation outline the format for your proposals Review Section 00 21 00 carefully! Failure to submit all required documentation may result in rejection of your proposal Phase I: Three Non-cost Technical Factors Factor One (1) – Past Performance Factor Two (2) – Management Approach Factor Three (3) – Design Capability

Read pages 14 – 28 thoroughly

How Many Copies Do I need to Submit?

Phase I: Three Non-price Technical Factors One (1) Original Electronically Proposals shall be submitted via email Please follow up to ensure proposal has been received Please see section 00 21 16 “Proposal Format", in the RFP, for a full description

Reminder that volumes must be binders – not spiral or heat bound documents.

Please keep the Bid Schedule an Excel Spreadsheet with a PDF copy – the PDF will prevail.

EVALUATION FACTORS FOR AWARD

The source selection process will use a phase I selection approach as authorized under 10 U.S.C. 2305a.

The selection process will be evaluated against the factors outlined in the solicitation.

Phase I Phase I: Three Non-Price Technical Factors

Factor One (1) – Past Performance Factor Two (2) – Management Approach Factor Three (3) – Design Capabiltiy

Other Documents to be Submitted:

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.

Phase I

Other Documents to be Submitted with Volume II Offer Standard Form 1442 Amendments Standard Form 30 Section 00 45 00 Representations and Certifications (System for Award Management (SAM)) Pricing Schedule

When are Proposals Due?

Proposals are due on or before

08 January 2019 1400 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.

Late proposals will be handled in accordance with FAR 15.208(b)(1)

“LATE IS LATE”

What if my Proposal is Late?

Late proposals are handled in accordance with FAR 15.208

Any proposal, modification, or revision, that is received at the designated Government office after the exact time specified for receipt of proposals is “late” and will not be considered unless it is received before award is made, the contracting officer determines that accepting the late proposal would not unduly delay the acquisition; and—

Delivery Methods Methods – via email to dean.p.deford@usace.army.mil and Kristina.morrow@usace.army.mil

Please see section 00 21 16 “Proposal Format” in the RFP for a full description

Proposals cannot be FAXED or HAND DELIVERED.

Quality Offerors are advised to provide their

BEST PROPOSAL

in the first submission

What is the Best Value Determination?

Award will be made to the offerors whose technical proposal provides the best value to the Government.

What About Discussions?

The Government reserves the right to conduct discussions, if in the best interest of the Government.

The primary purpose of these exchanges is to maximize the Government's ability to get the best value, based on the requirements and evaluation factors stated in the solicitation.

Slide *

If discussions are held, all exchanges will be conducted in accordance with the regulations, policies and procedures established by FAR 15.306 and the U.S. Army Source Selection Guide.

The contracting officer establishes a competitive range before conducting discussions.

The competitive range consists of all of the most highly rated proposals.

Proposals are determined within the competitive range based on the evaluated price and other evaluation factors included in the RFP.

The number of proposals in the competitive range may be limited to the greatest number that will permit an efficient competition among the most highly rated proposals Establishing the competitive range:

Results in greater efficiency by limiting the number of offerors with whom discussions are held, Precludes offerors who have relatively weaker proposals from having to spend additional resources just to make their proposals competitive with the rest of the field.

After discussions, only Contractors still considered to be in the competitive range will be asked to submit a final revised proposal.

Basis for Award

Slide *

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

Contract Award

What is a Debriefing?

Pre Award – FAR 15.505

Post Award – FAR 15.506 Slide *

PRE: (1) The agency’s evaluation of significant elements in the offeror’s proposal;

(2) A summary of the rationale for eliminating the offeror from the competition; and

(3) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed in the process of eliminating the offeror from the competition.

(1) The offeror may request a preaward debriefing by submitting a written request for debriefing to the contracting officer within 3 days after receipt of the notice of exclusion from the competition.

(2) At the offeror’s request, this debriefing may be delayed until after award. If the debriefing is delayed until after award, it shall include all information normally provided in a postaward debriefing (see 15.506(d)). Debriefings delayed pursuant to this paragraph could affect the timeliness of any protest filed subsequent to the debriefing.

(3) If the offeror does not submit a timely request, the offeror need not be given either a preaward or a postaward debriefing. Offerors are entitled to no more than one debriefing for each proposal.

Solicitation Instructions and How to Complete Proposal

Elizabeth Francia Program Manager

Proposal Format Basic Proposal Submission Requirements:

Typed In English Organized Tabs for Factors Phase I: Three Non-priced Technical Factors Factor One (1) – Past Performance Factor Two (2) – Management Approach Factor Three (3) – Design Capability Failing to submit attachments or failing to complete properly, may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and speak with the Contracting Officer if the instructions are not understood.

JOINT VENTURES/Subcontractors Ensure that any Joint Ventures (JV) comply with the requirements and submit a JV agreement addressing all requirements stated in section 00100. "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 Phase I.”

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 as part of Phase I.

Section 00 21 16 Instructions to Offerors Volume I, Factor 1 – Past Performance Submissions Requirements:

FACTOR 1: PAST PERFORMANCE

Submission Requirements:

Offerors shall submit three attachments, Attachment 1, Experience Overview Sheet, Attachment 2 Experience Information Sheet, and Attachment 3 Past Performance Information Sheet detailing previous work experience projects meeting the requirements of this solicitation. Please note offerors should submit as much information as necessary for the Government to adequately evaluate relevancy of the past performance.

Information for completing Attachments 1, 2, and Attachment 3:

Offerors shall complete an Experience 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 projects are submitted, only the first five projects will be evaluated. If the project is older than 6 years, it may be considered less relevant.

Offerors shall provide an Past Performance Information Sheet, Attachment 3, for each project listed on Attachment 1, Experience Overview Sheet.

Volume I, Factor 1 – Past Performance Submissions Requirements (continued):

Projects provided for experience should demonstrate the experience in managing multiple projects performed simultaneously. Projects also should show experience in performance in Kosovo and Albania; be between $50,000 to $3,000,000; and including the elements listed below. Offerors may submit higher valued within a larger project if there is a distinct scope of work with a measurable performance period and measurable monetary value within a larger project. An example could be a single contract that includes separate facilities, or buildings, or phased construction. Projects that are below or above the threshold may be considered less relevant. Offerors shall clearly describe the scope and how it related to the overall contract. Small projects bundled into a larger project in order to meet this cost element are not considered relevant. Projects should demonstrate experience in:

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

Renovations of buildings to include structural improvement and renovation of building systems (i.e., electrical, mechanical, door/windows) New Construction;

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

Design/Build construction projects (where the construction contractor is responsible for managing both the design and construction of the project).

Volume I, Factor 1 – Past Performance Submissions Requirements (continued):

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.

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 submits (not to exceed five). 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, via email at kristina.morrow@usace.army.mil and dean.p.deford@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.

Evaluation Criteria

FACTOR 1: PAST PERFORMANCE

Evaluation Criteria:

The Government will evaluate the Offeror’s past performance to determine how relevant project work is for recent projects. The Government will evaluate the Offeror’s performance to determine a confidence assessment of the Offeror’s performance. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future performance and have more influence on the past performance confidence assessment than past performance of lesser relevance.

Evaluation Criteria Continued…

FACTOR 1: PAST PERFORMANCE

Evaluation Criteria:

The Government will evaluate the depth and the relevancy of the experience as submitted for factor 1 in accordance with the following criteria:

Projects that demonstrate experience working in Kosovo or Albania.

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

Projects with a cost of $50,000 to $3,000,000. 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 that shows relevant experience. Offerors shall clearly describe this project and how it related to the overall contract. Projects outside this range may be considered less relevant. Smaller projects bundled into a larger project in order to meet this cost element are not considered relevant.

Projects that demonstrate experience with the renovations of buildings to include structural improvements and renovation of building systems (i.e., electrical, mechanical, doors/windows).

New Construction;

Design/Build construction projects.

FACTOR 1: PAST PERFORMANCE

Evaluation Criteria:

Projects considered recent 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.

Offerors demonstrating experience with multiple projects in multiple trades are considered more relevant. Projects older than 6 years may be considered but will be considered less relevant.

The Offeror's past performance will be evaluated based on performance of only projects submitted, to include the past performance of any Subcontractors or JV partners whose projects the Offeror may have submitted. Proposals will be evaluated based on the information provided and any other Past Performance information obtained by the Government.

FACTOR 1: PAST PERFORMANCE

Evaluation Criteria:

Past performance will be evaluated in accordance with the following criteria:

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.

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.

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.

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.

FACTOR 1: PAST PERFORMANCE

Evaluation Criteria:

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 unexplained variances from the original price.

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.

The Government reserves the right to verify statements the Offeror makes regarding its past performance to determine whether they are substantiated.

FACTOR 1: PAST PERFORMANCE

Evaluation Criteria:

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:

The relevance of the past performance;

how recently the project submitted was performed;

trends in the Offeror’s performance;

evaluations, letters of appreciation, and commendations from customers; and positive and/or negative comments that impact evaluation of Offeror’s past performance.

FACTOR 1: PAST PERFORMANCE

Evaluation Criteria:

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.

NOTE: The prime contractor must have performed at least 3 of the 5 projects submitted. This aspect of Factor 1 is a pass/fail element. Offerors must submit at least 3 projects that were performed by the prime (i.e. the offeror). 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 that minimum requirement are not eligible for award.

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.

Questions on Past Performance?

return envelope, official, or company stamp.

Attachment 1

Attachment 2

Attachment 3

Attachment 3 - Continued…

Section 00 21 16 Instructions to Offeror

FACTOR 2: MANAGEMENT APPROACH

Submission Requirements:

The Offeror shall submit a graphical description (an organization chart) of its planned organization structure for successful execution of the contract. There is a limit of thirty (30) single spaced typed pages (A4 or letter size), using at a minimum a 12 pitch font, front and back equal two pages. If more than 30 pages are submitted, only the first 30 pages will be reviewed and evaluated. The organization chart, resumes, and letters of commitment are not considered part of the 30 pages. The Management Approach shall include the following:

Offerors shall submit an organization chart 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, CQC System Manager, Design Quality Control Manager and Site Safety & Health Officer (SSHO), 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.

FACTOR 2: MANAGEMENT APPROACH

Submission Requirements:

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, CQC System Manager, Design Quality Control Manager and Site Safety & Health Officer) shall be described. The position titles used in the narrative must match those used in the organization chart. 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.

The Offeror’s plan for management and start-up of one (1) task order for a design build general building renovation, with a total value of $700,000. The plan should include the plan for design management, mobilization to the site; how to staff the field office with key personnel currently employed by the prime, and/or JV, Subcontractor, and letters of commitments from additional personnel required to meet the minimum standards of the contract; and in general, work that will be done by the prime and that to be accomplished by subcontractors.

FACTOR 2: MANAGEMENT APPROACH

Evaluation Criteria:

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:

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.

FACTOR 2: MANAGEMENT APPROACH

Evaluation Criteria:

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) Contractor Quality Control (CQC) System Manager, e) Design Quality Control Manager and f) Site Safety & Health Officer (SSHO), 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.

The extent to which the proposal describes a reasonable and logical plan for the performance of one (1) task order that illustrates a thorough understanding executing a design build construction project, proposes personnel that meet the specification requirements, and provides subcontractor and personnel letters of commitment or JV agreements, when applicable.

FACTOR 3: DESIGN CAPABILITY

Submission Requirements:

For Factor three (3) – Design Capability, the Offeror shall submit their plan for obtaining Designer(s) of Record appropriate for the anticipated work that may be ordered under this contract (Design-Build: Pavements, New Work, and Renovation of Major Building Systems). At a minimum the plan shall include the following:

Criteria for selection of the Designer(s) of Record

Plan shall demonstrate Offerors’ understanding of certification and registration requirements for companies in Kosovo and Albania, and the ability to meet these requirements.

FACTOR 3: DESIGN CAPABILITY

Evaluation Criteria:

The Government will evaluate the Offeror’s plan for completeness, reasonableness, and logic and the degree to which the plan describes a viable strategy to execute design for an ordered project. The Government will evaluate the Offeror’s plan in relation to their design capabilities described below as follows:

Criteria for selection of the Designer(s) of Record

Plan shall demonstrate Offerors’ understanding of certification and registration requirements for design in Kosovo and Albania, and ability to meet these requirements

The Government will also consider the risk associated with the Offeror’s plan and the degree to which the plan describes a viable strategy to execute the project.

Defense Base Act and Legal Matters

Jay Aldridge Office of Counsel

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

Engineer FAR Supplement (EFARS) http://www.usace.army.mil/Portals/2/docs/EFARS.pdf

CHOICE OF LAW (OVERSEAS)

(JUN 1997)

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

(End of clause)

52.000-4004 Immunity From Legal Process

(USEUCOM CLAUSE JUL 1966-E)

The contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to the performance of this contract by any subcontractor against the United States Government. The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the Disputes clause of this contract and in the United States Federal Statutes.

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

Subcontractor and Proposed Personnel

Prime Contractor Project Management

Compliance with Local Labor Laws

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.

Value Added Tax (VAT)

Bonding Requirements Typically US government will require 100% Performance and Payment bonds issued by approved US surety companies (See FAR 52.228-15)

If specifically allowed in the RFP, a BLG may be submitted. BLGs will be typically be 10% or more of the contract amount.

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

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

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

Defense Base Act (DBA) Insurance

After Task Order award, proof of DBA insurance MUST be received by the Contracting Officer prior to start of work, or issuance of the notice to proceed (NTP)

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

Miscellaneous Points

CONCLUSION

Questions?

Introduction to Construction Quality Management

Definition Construction Quality Management The process to ensure that construction is performed:

According to design and specifications On time Within firm fixed price contract amount Safely

Discuss Conceptual Design and SPECS, Define ‘On Time’ within Construction Duration, Discuss firm fixed price contract (create own bill of quantities)

QC Organization Requirements QC Team Includes

electrical, mechanical, civil, structural, architectural, materials

Submittals clerk – handles paperwork (could be the same person as the QC Manager)

Must accomplish these tasks with 1-5 people – as many as necessary

**Describe submittals on next slide

SUBMITTALS

Submittals are required by the contract in order to regulate the timely flow of materials to be incorporated in the work.

QCS/RMS

QC Manager Qualifications CQC Manger Requirements

CQM Training required and valid for 5 years

QC Manager Responsibilities

Contract: Scope of work, technical requirements, submittals, QCS, CQC

Person overseeing the contract cannot be the person checking quality – checks and balances – no conflict of interest

Authority comes from ‘owner’ of the company – whoever has authority – not from gov

Effective Quality Control Management CQC Manager Duties Review, approve submittals Utilize three phases of inspection Quality Control tests Track deficiencies Submit daily Quality Control Reports Implementation of QCS prior to sending to government Includes daily activities by subcontractors

Describe three phases of inspection – Prep, Initial, Follow-up before each DFOW, Attending: QC manager, superintendent, safety manager, and foreman of work to be accomplished, Include in Reports

Training will be provided when a contract is awarded.

Payments – Fixed Price Contracts Retainage up to 10% of payment may be held for unsatisfactory progress

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

Monthly payments to be tied to schedule - % complete of each activity

PERFORMANCE EVALUATION

Contractor Evaluation The rating is comprised of five major sections:

-- Quality Control -- Timely Performance -- Effectiveness of Management -- Compliance with Labor Standards -- Compliance with Safety Standards

Questions

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

Saving Lives, Saving Families

Your Mission is to Work Safely!

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

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

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

Everything that I am going over today is found within the solicitation. Our goal is to have good competition and even better prices!

Signs of a SAFE project The Workers are TRAINED in Safety:

EVERYONE speaks up about Safety.

The Project is INSPECTED for Safety:

Good Housekeeping (to avoid trips, falls).

FALL Protection >= 1.8m or 6ft HIGH.

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

LIVE electrical work is AVOIDED.

Workers are kept away from Vehicle traffic.

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

The Paperwork side of Safety … www.usace.army.mil/SafetyandOccupationalHealth.aspx There are helpful tools at the above site:

A single sheet “Contractor’s Guide” brochure.

INSPECTION Checklists!

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

EM 385-1-1 … Start HERE Read the introductory letter, then Section 1 and Appendix A. These 3 small areas (less than 3 dozen pages), will detail what you need to know and what you need to submit to get started!

“But there are still over a 1000 pages more!

What about THOSE … ! ?”

EM 385-1-1 … Start HERE

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

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

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

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

Accident Prevention Plan (APP)

Activity Hazard Analyses (AHA’s)

The Tasks you are doing.

The Hazards of those tasks.

And how you will Control the hazards.

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

Questions

Thank you for your interest & attendance!