Compiled_PreProposal_Slides_Explosive_Cargo_Apron_MK_Romania_9Apr19.ppt

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

Prepared by Tarek Eljizi, Robert Corkrum and Leslie Reed For Pre-Proposal Conference 10 April 2019

U.S. ARMY CORPS OF ENGINEERS EUROPE DISTRICT

PRE-PROPOSAL CONFERENCE

SOLICITATION W912GB-19-R-0028

CONSTRUCTION OF THE EXPLOSIVE AND AMMO LOADING/UNLOADING APRON AT MK AIR BASE, ROMANIA File Name

Introduction and Project Brief

Tarek Eljizi Project Manager Slide *

Sign In Sheet for Attendance

As a courtesy to all attendees, request all cellular telephones are turned off

All questions must be submitted on www.projnet.org and will be answered on the site, amendments if needed will be posted on www.fbo.gov

Introduction

Make sure people sign in and turn off cell phones.

Agenda Introductions

US Army Corps of Engineers (USACE) US Army US Embassy

WSP

Slide 4

Introductions (USACE Team)

Introduction and Project Brief

Tarek Eljizi, Project Manager

Solicitation Brief

Robert Corkrum, Contracting Specialist

Legal Matters

Leslie Reed, Counsel Slide 5

Introductions (cont’d) Slide 5

Project Brief

The project requires construction of:

BASE BID

(BASE BID cont’d)

OPTIONS

Solicitation Brief

Robert Corkrum Contracting Specialist

DISCLAIMER

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

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

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

CORs cannot change the contract in terms of time or money They can only enforce what is written in the contract

WHO DO I CONTACT IN CONTRACTING?

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

Kris Morrow(Contracting Officer) Telephone: +49 611 9744 2630 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

FEDERAL BUSINESS OPPORTUNITIES

Announcement of Opportunities: The synopsis, solicitation and all subsequent amendments are posted through the Federal Business Opportunities (FedBizOpps) website below. It is the Offeror’s sole responsibility to obtain the solicitation and any subsequent amendments through this website. You must register to receive notices.

FedBizOpps Website http://www.fbo.gov

User guides are located under the “Getting Started” tab

PROJNET

Questions:

All questions must be submitted via Bidder Inquiry in ProjNet at http://www.ProjNet.org/ProjNet. Offerors shall not submit their proposals via ProjNet. Offerors shall submit their proposals in accordance with the provisions stated in the solicitation. Questions must be submitted no later than fourteen (14) calendar days before the proposal due date. ProjNet instructions are in the solicitation section 00 21 16 part A.

The Project Number is: W912GB19R0028 The Bidder inquiry key is: KZFVKR-PQ495S

SYSTEM FOR AWARD MANAGEMENT (SAM)

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

https://www.sam.gov/

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

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

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

Obtain a DUNS Number:

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

http://www.dnb.com

CONTRACTOR AND GOVERNMENT ENTITY CODE (CAGE)

Obtain a CAGE Code:

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

CAGE Websites

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

DESIGN –BUILD FIRM FIXED PRICE

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

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

Best Value - Tradeoff

Design-Build procurement

One offeror will be awarded the contract

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

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

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

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

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

Secure your BLG language from the bank early

PLACE AND PERIOD OF PERFORMANCE

Place of Performance: MK Air Base Romania

Base Items Period of Performance: 850 calendar days from issuance of Notice to Proceed (NTP).

Optional Items Period of Performance: The Government reserves the right to award any options within 90 calendar days following issuance of NTP for the base work. If an option is exercised, it must be completed with the Base Period of Performance of 850 calendar days.

WHAT DO I NEED TO SUBMIT?

Section 00 21 16 “Proposal Submission Requirements” of the solicitation outline the format for your proposals Review Section 00 21 16 carefully! Failure to submit all required documentation may result in rejection of your proposal

Volume I: Four Non-price Factors Factor One (1) – Past Performance Factor Two (2) –Management Plan Factor Three (3) – Schedule Factor Four (4) – Design Capability

Volume II – Price / Administrative Proposal Factor Five (5) – Price

Read pages 14 – 28 thoroughly

HOW MANY COPIES DO I NEED TO SUBMIT?

Submitted via https://www.fbo.gov

Volume I: Four Non-price Factors One (1) W912GB19R0028 RESPONSE Firmname Volume I.pdf

Volume II – Price / Administrative Proposal One (1) W912GB19R0028 RESPONSE Firmname Volume II Tab C Schedule.XER One (1) W912GB19R0028 RESPONSE Firmname Volume II.pdf”

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

SUBMISSION REQUIREMENTS

VOLUME I

Four Non-Price Factors Factor One (1) – Past Performance Factor Two (2) –Management Plan Factor Three (3) – Schedule Factor Four (4) – Design Capability Other Documents to be Submitted:

Letter(s) of Commitment for Key Subcontractors

Joint Venture Agreement (if applicable)

SUBMISSION REQUIREMENTS

VOLUME II

Factor Five (5) - Price

Other Documents to be Submitted with Volume II

Price Schedule in separate attachment Section 00 45 00 Representations and Certifications (System for Award Management (SAM) The name, address, telephone, e-mail addresses of the Point(s) of Contact with the authority to legally bind the Contractor.

Name, Address, DUNS, CAGE, and TAX Identification Number of the Contractor submitting the proposal.

WHEN ARE PROPOSALS DUE?

Proposals are due on or before

7 May 2019 14:00 hours Central European Summer Time (CEST)

If there is a change in the proposal due date, you will be notified by an amendment to the solicitation which you must acknowledge.

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

“LATE IS LATE”

WHAT IF MY PROPOSAL IS LATE?

Late proposals are handled in accordance with FAR 15.208

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

WHERE DO I DELIVER MY PROPOSAL?

Proposals shall be submitted electronically via the Federal Business Opportunities (FBO) website www.fbo.gov. Any portion of the proposal that is changed (as a result of negotiations or proposal revisions) should be annotated and dated. Each volume shall be clearly labeled with its Title and version number. In an effort to reduce paperwork and costs, ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/Fedex delivery of hard copies and/or CD-ROMs are not authorized. Facsimile submission is not authorized. Email submission is not authorized. ELECTRONIC PROPOSAL SUBMISSION IS REQUIRED THROUGH THE FEDBIZOPPS (FBO.GOV) “ELECTRONIC RESPONSE” FEATURE.

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

Slide *

Proposal Must be received at this location.

QUALITY

Offerors are advised to provide their

BEST PROPOSAL

in the first submission

WHAT ABOUT DISCUSSIONS?

It is the Government’s intent to award without 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.

WHAT IS THE BEST VALUE DETERMINATION?

Award will be made to the offeror whose total evaluated price and technical proposal provides the best value to the Government.

The Government reserves the right to accept other than the lowest price offer and to reject any or all offers.

BASIS FOR AWARD

Subject to the provisions contained herein, award will be made to one Offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR), conforms to the solicitation requirements, and whose proposal, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Best Value to the Government. This source selection approach, called Best-Value Tradeoff, includes an evaluation of all factors: past performance, management plan, schedule, design capability and price.

Past Performance is significantly more important than Management Plan, Management Plan is approximately equal to Schedule, and Schedule is significantly more important than Design Capability. When the four (4) non-price factors are combined, they are approximately equal to price.

The Government reserves the right to award to other than the lowest proposed price. The greater the equality of technical proposals, the more important price shall become in selecting the Best Value to the Government. Unreasonably high or low proposed prices may be grounds for eliminating a proposal from the competition based upon an assessment that the Offeror does not understand the requirement or the Offeror has made an unreasonable proposal. The awarded contract will incorporate the successful Offeror's proposal to the extent it offers betterments and does not conflict with the Request for Proposal.

Slide *

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

CONTRACT AWARD

One contract awarded after evaluation.

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

Slide *

WHAT IS A DEBRIEFING?

Post-Award – FAR 15.506

An offeror, upon its written request received by the agency within 3 days after the date on which that offeror has received notification of contract award.

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

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

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

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

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

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

SOLICITATION INSTRUCTIONS

AND

HOW TO COMPLETE PROPOSAL

PROPOSAL FORMAT

Basic Proposal Submission Requirements:

Typed In English Organized Volume I: Four Non-priced Factors Factor One (1) – Past Performance Factor Two (2) –Management Plan Factor Three (3) –Schedule Factor Four (4) – Design Capability

Volume II – Price / Administrative Proposal Factor Five (5) – Price

Failing to submit attachments or failing to complete properly, may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and speak with the Contracting Officer if the instructions are not understood.

JOINT VENTURES/SUBCONTRACTORS

Ensure that any Joint Ventures (JV) comply with the requirements and submit a JV agreement addressing all requirements stated in section 00 21 16. "***The authorized member noted in the Joint Venture Agreement shall sign the SF 1442 and the Bank Letter of Assurance or Bid Bond***".

If an Offeror wishes to be credited with the experience of a Key Subcontractor or supplier (i.e., a firm that is not the prime contractor or part of the JV) a letter of commitment signed by the Key Subcontractor and the prime contractor shall be submitted. The commitment letter shall be submitted even if the firm is in some way related to a JV Partner (for example, the Key Subcontractor is a subsidiary of a JV Partner, or a subsidiary of a firm to which the JV partner is also a subsidiary). If a letter of commitment is not submitted, the experience will not be considered.

SECTION 00 21 16 PROPOSAL FORMAT

Factor 1 – Past Performance Submissions Requirements:

Offerors shall submit three attachments, Attachment 1 Experience Overview Sheet, Attachment 2 Experience Information Sheet, and Attachment 3 Past Performance Questionnaire (PPQ), detailing previous work experience (projects) meeting the requirements of this solicitation.

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

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

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

c. Offerors shall provide a completed Attachment 3, PPQ for each project listed on the Attachment 1

SECTION 00 21 16 PROPOSAL FORMAT

Factor 1 – Past Performance Submissions Requirements (continued):

Most relevant projects are those that have the following qualities (in no particular order):

Projects located within Romania and/or the European Union (EU) with more relevancy placed on projects within Romania.

Projects demonstrating that the offeror’s team members (including Specifically Identified Personnel, subcontractors, commissioning specialist and/or Joint Venture partners) have previously worked together are considered more relevant, especially where the roles were similar to those that are proposed for this work.

Project demonstrating the procurement of materials, supplies and equipment similar in magnitude, scope, complexity and timelines to the work required under this solicitation.

Projects for the U.S. military, or U.S. Department of Defense. Projects completed within the last six years of the solicitation issue date or are currently being performed (at least 50% complete). Projects older than six years will be evaluated but may be considered less relevant.

Projects with a construction cost of $10,000,000 to $25,000,000

Projects consisting of experience with airfield paving.

Projects performed on an active airfield.

ATTACHMENT 1 OVERVIEW EXPERIENCE

ATTACHMENT 2

EXPERIENCE INFORMATION SHEET

PROJECT NO. _____, Page 1 Must have a total of 5 projects, more than 5 will not be evaluated Project Name and Location:

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

2. The day, month, and year work was completed; work must be completed within the last six (6) years. For work still ongoing, the work must be at least 50% complete:__________________________

3. The final cost of this project, must be between $10,000,000 and $25,000,000: $____________________

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

5. Indicate whether the work was performed as the prime contractor, a subcontractor, or as a partner of a Joint Venture (JV). 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).

6. Projects considered relevant shall be completed or at least 50% complete by the date this solicitation is issued; performed within the last six (6) years; between $10,000,000 and $25,000,000 and in the following:

Projects located within Romania and/or the European Union (EU) with more relevancy placed on projects within Romania.

Projects consisting of experience with airfield paving.

Projects performed on an active airfield.

Projects demonstrating that the offeror’s team members (including Specifically Identified Personnel, subcontractors, commissioning specialist and/or Joint Venture partners) have previously worked together are considered more relevant, especially where the roles were similar to those that are proposed for this work.

Projects demonstrating the procurement of materials, supplies and equipment similar in magnitude, scope, complexity and timelines to the work required under this solicitation.

Projects for the U.S. military, or U.S. Department of Defense. Projects completed within the last six years of the solicitation issue date or are currently being performed (at least 50% complete). Projects older than six years will be evaluated but may be considered less relevant.

Please provide a detailed explanation of the construction work for the submitted project. Offerors demonstrating multiple projects with experience in the categories listed above will be considered more relevant than Offerors submitting one (1) example. A detailed explanation is not limited to the space 2 pages of this example. This form can extend as much as necessary to give a detailed explanation.

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

ATTACHMENT 3

Firm Name:

Address:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number: CAGE Code:

DUNS Number:

2. Work Performed as: ❑ Prime Contractor Percent of project work performed:

Contract Number:

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

conditions, etc.)

Name:

Title:

Phone Number:

Email Address:

FACTOR 1: PAST PERFORMANCE

Submission Requirements:

The Past Performance Questionnaire (PPQ), Attachment 3, included in the solicitation is provided for the Offeror or its team members to submit to the client for each project the Offeror includes in its proposal for Factor 1. Ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before the proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ (Attachment 3), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Robert Corkrum via email at robert.e.corkrum@usace.army.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Section 00 21 00 Submission Requrements

Submission Requirements (continued):

Offerors may provide projects completed within the last 6 years or current projects at least 50 percent complete. PPQ’s shall be provided for each project submitted under Factor 1. Offerors may also include performance recognition documents received within the last six years, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, JV, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

Section 00 21 00 Proposal Format

Factor 1 – Past Performance (Evaluation Criteria)

The Government will evaluate the Offeror’s past performance to determine how relevant project work is, as described in Factor 1 for recent projects. The Government will evaluate the Offeror’s performance to determine a confidence assessment of the Offeror’s performance. With respect to relevancy, more relevant past performance will typically be a stronger predictor of future performance and have more influence on the past performance confidence assessment than past performance of lesser relevance.

Past Performance will be evaluated for projects completed in the last six years or currently ongoing (at least 50% complete).

Section 00 22 00 Proposal Evaluation

Factor 1 – Past Performance (Evaluation Criteria continued) The Offeror's past performance will be evaluated based on performance on projects submitted under Factor 1 Experience, to include the past performance of any Subcontractors or Joint Venture partners whose projects the Offeror may have submitted. Proposals will be evaluated based on the information provided and any other Past Performance information obtained by the Government. Past performance will be evaluated in accordance with the following criteria:

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

Evaluation Criteria (continued):

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

2. The Government will consider past performance information in evaluating overall risk associated with a particular Offeror. When evaluating these criteria, the following will be taken into consideration for evaluation purposes:

3. Unavailability of Past Performance Information: IAW FAR 15.305(a)(2)(iv), in the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available; the Offeror may not be evaluated favorably or unfavorably on past performance.

PAST PERFORMANCE

Questions on Past Performance?

Factor 2 – MANAGEMENT PLAN Submission Requirements:

The narrative shall clearly demonstrate that the Offeror understands the technical scope of this project. The narrative shall describe, in detail, how the project team will accomplish the project; and how the prime contractor will manage the various subcontractors, material acquisition and requirements for compliance with the RFP.

At a minimum, the plan must include the following:

(a)Organization Structure and Staffing: The Offeror must clearly describe its organization structure. The description must identify all offices involved in this project from the Offeror’s Headquarters through to the Offeror’s site office, and how they are related

(b)Project Execution and Management: The offeror shall provide a description of the offerors plan for executing the work from start to finish which meets the performance requirements

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

Section 00 21 00 Submission Requirements

Evaluation Criteria:

Slide * Section 00 21 00 Submission Requirements The Offeror’s Management Plan will be evaluated for completeness, reasonableness, risk, and logic. The Government will evaluate whether and to what extent the management plan:

Presents a logical, viable approach to perform the work described in the RFP documents and achieve the desired quality.

Clearly defines the planned organization structure.

Delineates lines of authority appropriately including the relationship between the headquarters’ office and the site office, including all involved with the management of the contract including subcontractors and joint venture partners (where applicable) and identifies which personnel are identified to communicate with the Government.

Comprehensively describes the duties, roles, major responsibilities, and authorities for key personnel, including roles of authorities for subcontractors and joint ventures.

Contains resumes and letters of commitment for key personnel meeting the minimum requirements of the specification required.

Evaluation Criteria:

Slide * Section 00 21 00 Submission Requirements

Describes management for performance of the contract including their planned approach for the following:

start-up / mobilization quality control staffing (both management and labor to perform the work) obtaining, retaining, coordinating, and managing subcontractors.

Marginal and unacceptable ratings for this factor could indicate a lack of understanding concerning mission requirements, and may result in the entire proposal receiving an unfavorable rating and/or being eliminated from the competitive range.

MANAGEMENT PLAN

Questions on Management Plan?

Factor 3 - SCHEDULE Submission Requirements:

The Offeror shall provide a Schedule describing their proposed approach to executing the work required by the RFP documents. The Offeror must demonstrate the capability and flexibility to plan and schedule the complete project to meet the required contract completion period stated on the schedule.

The schedule shall be prepared in Primavera P6 and submitted in native XER format and shall be specifically-tailored to the project contemplated by the solicitation. The schedule shall include all of the major portions of work, including submittals, reviews and approval periods. The schedule shall address long lead-time items and shall take into consideration all major portions of work. For the purposes of this section only, the Offeror shall use the dates of 15 August 2019 for Notice to Proceed (NTP) and should prepare the schedule assuming that all base line items and options will be awarded on that date.

Factor 3 - SCHEDULE Evaluation Criteria:

The Offeror’s schedule will be evaluated for completeness, logic, reasonableness, and risk associated with the proposed schedule as compared to the solicitation requirements. In assessing reasonableness, the Government will take into account how well the proposed summary schedule supports the contract duration as compared with the solicitation requirements and how well it supports and correlates to the work plan narrative. In addition, the Government may use independent judgment concerning logic, constraints and typical construction durations. The length of the schedule must be shorter than or equal to the contract duration.

The Government will evaluate the schedule to assess conformance with the solicitation requirements, the strength of understanding of the project scope, and restrictions which must be considered in the schedule (e.g., long lead items, critical milestones, logic of proposed phasing, etc.). The Government will evaluate the strength of understanding of events associated with the Offeror's capability to schedule the complete project within the proposed contract duration and the realism of the schedule.

SCHEDULE

Questions on Schedule?

Factor 4 – Design Capability Submission Requirements:

The Offeror shall provide a their plan for obtaining Designer(s) of Record appropriate for the anticipated work under this contract including explosive cargo load / unload apron; aircraft parking apron new construction; etc.

At a minimum the plan shall include the following:

Criteria for selection of the Designer(s) of Record Resume(s) for proposed DOR(s) Letter of Commitment from proposed DOR(s), if not using in-house DOR The Plan shall demonstrate a thorough knowledge of engineering and design in Romania to include coordination with host nation authorities. Additionally, Offerors must demonstrate an understanding of certification and registration requirements for companies in Romania and the ability to meet the requirements. The prime contractor and the proposed DOR must demonstrate the ability to communicate in the host nation’s acknowledged national language(s) and English.

Factor 4 – Design Capability Evaluation Criteria:

Factor 4 will be evaluated for completeness, reasonableness, and logic and the degree to which the plan describes a viable strategy to execute design for the projects. The Government will evaluate the Offeror’s plan in relation to their design capabilities described below as follows:

1.Criteria for selection of the Designer(s) of Record 2.Whether a properly executed Letter of Commitment with the Designer of Record(s) was provided 3.Whether the offeror demonstrates a thorough knowledge of engineering and design in Romania to include coordination with host nation authorities. Offerors must demonstrate an understanding of certification and registration requirements for companies in Romania and the ability to meet the requirements. The Prime Contractor and proposed DOR must also demonstrate the ability to communicate in the host nation’s acknowledged national language(s) and English.

Section 00 22 00 Evaluation Criteria

DESIGN CAPABILITY

Questions on Design Capability?

SUBMISSION REQUIREMENTS VOLUME II

FACTOR 5 – PRICE

Submission Requirements:

Offerors shall submit the following:

Submittal Requirements:

Firms will submit a Bank Letter of Assurance demonstrating that their bank will provide a Bank Letter of Guarantee (BLG) for 25% of the project value, or, letter from a Surety demonstrating that the firm has bonding capacity of 25% of the price proposal, or a Bid Bond that satisfies the solicitation requirements.

Firms are requested to notify their surety that representatives from USACE-NAU may contact them for reference information.

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

FACTOR 5: PRICE

Evaluation Criteria:

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

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

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

FACTOR 5 PRICE CONTINUED

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

Comparison of proposed prices received in response to the solicitation.

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

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

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

Comparison of proposed prices with independent Government cost estimates.

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

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

PRICE

Questions on Price?

U.S. PROCUREMENT LAW & OVERSEAS CONTRACTING

MS. LESLIE REED

OFFICE OF 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)

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

COMPLIANCE WITH HOST NATION COUNTRY RULES AND CUSTOMS SOW APPENDIX B - 3.2

The clause, “Compliance With Host Country Rules and Customs” (in Appendix B to SOW at 3.2), provides that the contractor is responsible for:

Adequately manning and staffing the project

Obtaining and 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

SITE ACCESS

The Romanian government is responsible for granting base access and decisions regarding access are solely at its discretion.

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

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

DEFENSE BASE ACT (DBA) INSURANCE

DEFENSE BASE ACT (DBA) INSURANCE, CONTINUED

Contract clause 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

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

- If specifically allowed in the RFP (which it is here), a Bank Letter of Assurance (BLA) and after award a Bank Letter of Guarantee (BLG) may be submitted (25%).

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

Note: If a Joint Venture (JV), the Bank Letter of Assurance must cover the JV, not just one member of the JV. It must be signed by the party with authority to bind the Joint Venture

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:

- A legally binding joint venture 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, the relationship of the JV in terms of ownership, capital contribution, profit distro/loss sharing; bonding responsibilities; party having overall control, etc.

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

JOINT VENTURES

- During Source Selection, prime contractors can receive credit for the experience, past performance and capabilities of a teaming partner provided the proposal includes an agreement with full disclosure of the teaming arrangement and company relationships, which 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

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

USACE expects the prime contractor to actively manage the project and ensure the…