FY19_Italy_DoDEA_SATOC_Conf_Slides.PPT

PPT presentation 4 MB Posted

Attached to
Amendment 2 Federal contract opportunity
Solicitation number
W912GB19R0030
Issued by
Department of the Army Corps of Engineers Engineering District Europe

About this file

This document provides details regarding a forthcoming solicitation for preventative maintenance and construction services at Department of Defense Education Activity schools in Italy. Interested offerors must submit documentation by April 1st demonstrating qualifications pursuant to Italian decrees on construction firm qualifications and anti-mafia laws. A pre-solicitation conference will be held on April 15th in Vicenza, followed by site visits to various school locations from April 15th through 19th. The U.S. Army Corps of Engineers intends to issue the solicitation on or around April 5th for a single-award task order contract with a period of performance through 2024 and maximum value of $49.9 million. The contract will have firm-fixed-price and cost-plus-fixed-fee line items for maintenance, minor construction, and emergency repair work. Evaluation will consider past performance, management approach, and price to determine best value.

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US Army Corps of Engineers

BUILDING STRONG®

FY 19 Italy DoDEA Construction/Services SATOC

Pre-Proposal Conference Solicitation No.

W912GB-19-R-0030

15 April 2019

Pre-Proposal Conference Italy DoDEA Construction/Services Single Award Task Order Contract (SATOC)

Please sign in Turn off cell phones Slide *

Make sure people sign in and turn off cell phones.

Agenda

Welcome and Purpose of the SATOC:

Gene Roberts, Contracting Officers Representative (COR)

Solicitation Information:

Dean DeFord, USACE Contracts Specialist

Legal Matters:

Kristina Morrow, USACE Contracting Officer

Meet the Team

Kristina Morrow, USACE Contracting Officer

Erika McCormick, USACE Program Manager

Gene Roberts, USACE Italy COR

Joel Tomco, USACE DoDEA Services COR

Dean DeFord, USACE Contracts Specialist

Mike Dansereau, DoDEA Italy Lead Facility Operations Specialist

Purpose of the SATOC Construction SATOC with Preventative Maintenance in Schools A majority of the SATOC will be used for Construction. Non-Design type projects; if any design is necessary, it will be provided by the Government. Example Construction Projects:

Repair auditorium lighting and sound system for gym Repair roof membrane above school Renovate Kitchen to resolve fire system deficiency Replace HVAC in Cafeteria Install LAN Cabinet and Patch Panel with cabling and drop for graphics lab Preventative Maintenance will be the services provided on a daily basis in the schools.

What is included in the Preventative Maintenance Services Task Order Services under these task orders include Facility Inspection, Preventative Maintenance, Playgrounds and Ancillary Services and will be included in the Firm Fixed Price CLIN.

Inspection of School facilities Routine Facilities/Building Maintenance Playgrounds (Inspections, Cleanings and Routine Maintenance) Ancillary Services

Approved Emergency repair work or repairs over the contractually specified threshold will be executed under the Cost Plus Fixed Fee CLIN.

Separate Task Orders will be issued for Construction Projects which fall outside the normal building Preventive Maintenance

Solicitation Information

Dean DeFord USACE Contracts 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.

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 *

Registrations & Identification Numbers

Federal Business Opportunities 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

FBO Registration

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 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

Live Chat or Web form or via Phone
U.S. Calls: 866-606-8220
International Calls: 334-206-7828
Hours of Operation: Monday - Friday 8 a.m. to 8 p.m. ET

Pre-Proposal Inquiries via PROJNET

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

Bidder Inquiry Key:

9KES5W-597V9Q

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.

Select USACE Enter Email Enter Inquiry Key

Who do I contact in Contracting?

Dean DeFord (Contract Specialist) Telephone: +49 61197442113 Dean.P.DeFord@usace.army.mil

Kristina Morrow (Contracting Officer) Telephone: +49 61197442630 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 SATOC?

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

Awarded to one firm (Single Award) Best Value Procurement Awardee will be awarded task orders with-in the scope of the Base Statement of Work (SOW) Work Will be performed in Italy at DoDEA Facilities Only

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

A Bank Letter of Authorization (BLA) is required with proposal submittal in the amount of €4,000,000. A Bank Letter Guarantee (BLG) for the same amount, will be due with-in 7 days of award. This will be for the Construction portion of the SATOC.

Level of design for the Construction Task Orders will be 0%.

Task Orders The first Preventative Maintenance Task Order will begin with a 45 day transition period 15 October and start of performance on 01 December 2019.

Construction Task Orders will be solicited via a request for proposal to the SATOC awardee and negotiated as required.

Single Award Task Order Contract (SATOC) The geographical area covered by this contract will DoDEA Schools through-out Italy.

In direct support of Department of Defense Educational Active-Europe and US Army Corps of Engineers.

SATOC

Period of Performance One (1) year base with four (4) one (1) year options.

Maximum Contract Value $49,500,000 for the life of the contract Construction portion $40,000,000 Services portion $9,500,000

Minimum Guarantee $5,000 for the entire period of performance

EVALUATION FACTORS FOR AWARD

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

Factor 1: Past Performance / Experience Factor 2: Management Plan / Transition Plan Factor 3: Price

Important Items to Consider Offerors who do not demonstrate experience in preventative maintenance services may be ineligible for award. Services experience is as important as Construction experience.

If the offeror is a JV, evidence of a legally binding JV agreement, which creates legal responsibility on the part of all contractors in the JV, must be submitted with their proposal.

Use of other teaming arrangement is allowed, i.e. Prime Contractor-Subcontractor. An agreement must be submitted with proposal that reflects that the Prime is vested with control for the daily management of the work.

Important Items to Consider-Pricing TASK ORDER LIMITATIONS: The Minimum Task Order is limited to $2,000 and the Maximum Task Order is limited to $3,000,000 (euro value may fluctuate due to exchange rates). However, smaller and larger dollar value projects may be considered at the discretion of the Contracting Officer.

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

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

UNIT PRICE BOOK (UPB)

A compilation of real property repair, maintenance, minor construction related tasks, etc.

Integral part of contract.

Thousands of items.

Sections by trade.

Each item has item number, description, unit of measure and price All UPB prices and their respective coefficients are established at the award of contract.

The sample Task Orders will be an integral piece of the overall pricing.

Upcoming Solicitation Amendment

Update Bank letter of Assurance is required to be 4,000,000€
Update Anti-Mafia Clause to newest iteration. New Clause allows company to self-certify
In Section 00 21 00, under Financial Information in Pricing (pg. 46), all requirements except Dunn and Bradstreet Report will be removed
Add Sample Bank Letter of Assurance (BLA) and Sample Bank Letter of Guarantee (BLG) Attachment. Please follow the language that is provided and do not deviate. Any deviations by the bank may not be accepted.
Remove 4 page limitation from Attachment 3, Experience Info Sheet.
Add Playground requirements to the Base PWS
Exhibits are for informational purposes only. Government accepts no liability if any exhibit is inaccurate or out of date
Release Pre-Solicitation Slides and Site Visit Attendance lists

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

Three Factors:

Factor One (1) – Past Performance/Experience Factor Two (2) – Management Plan/Transition Factor Three (3) – Price; to include Unit Price Book (UPB) Coefficients (North and South), Sample Projects Pricing (North and South) and Monthly School and Playground Pricing

Read pages 14 – 28 thoroughly

How Many Copies Do I need to Submit?

One (1) Original Electronically Proposals shall be submitted via FBO.GOV “Electronic Response” feature.

After it has been uploaded please send email to ensure it has been received, please do not wait until last minute to submit.

Please note the response time is CENTRAL EUROPEAN SUMMER TIME.

Please see section 00 21 00 in the RFP for a full description of the requirements.

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.

Documents to be Submitted

Other Documents to be Submitted:

Letter(s) of Commitment for Key Subcontractors (if applicable) 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.

Volume II

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 Documents; to include Unit Price Book (UPB) Coefficients for North and South, Sample Projects Pricing (North and South) and Monthly School and Playground Pricing

When are Proposals Due?

Proposals are due on or before

07 May 2019 1100 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—

(i) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or
(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of proposals and was under the Government’s control prior to the time set for receipt of proposals; or
(iii) It was the only proposal received.

Delivery Methods Methods – via FBO.GOV “Electronic Response” and follow up with Dean DeFord, dean.p.deford@usace.army.mil and Kris Morrow, Kristina.morrow@usace.army.mil to ensure the proposal has been received. DO NOT WAIT UNTIL THE LAST MINUTE!!!

Please see section 00 21 00 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 offeror whose 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

Subject to the provisions contained herein, award will be made to the 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/experience, management plan/transition, and price.
Past Performance/Experience is significantly more important than Management Plan/Transition, and when combined are approximately equal to Price.
The Government reserves the right to verify statements the Offeror makes regarding its past performance to determine whether they are substantiated. 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 Award will be made to the one (1) offeror who represents the Best Value to the Government and is determined responsible in accordance with FAR 9.104 and whose proposal conforms to Solicitation Requirements.

To be determined responsible, a prospective contractor must --
(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a));
(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
(c) Have a satisfactory performance record (see 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;
(d) Have a satisfactory record of integrity and business ethics (for example, see Subpart 42.15);
(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3 (a).)
(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and
(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

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

Kris Morrow Contracting Officer

Proposal Format Basic Proposal Submission Requirements:

Typed In English Organized Tabs for Factors Phase I: Three Factors Factor One (1) – Past Performance/Experience Factor Two (2) – Management Plan/Transition Factor Three (3) – 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 Specialist or 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 the proposal.

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

Section 00 2100 Instructions to Offerors

Volume I, Factor 1 – Past Performance/Experience Submissions Requirements:

Attachment 2 – Past Performance Client Form OR CPARS Evaluation for each project.
Attachment 3 – Experience Information Sheet. The more details, the better!

Vannoortwijk, Nansje CIV USARMY CENAU (US) (VNCUC()

Attachment 2

Attachment 2 - Continued…

Attachment 3

Evaluation Criteria

FACTOR 1: PAST PERFORMANCE

Evaluation Criteria:

The SST will evaluate Relevancy and Confidence. Offerors must submit no more than six projects meeting the criteria in Paragraph C.3.Recent and Relevant Contracts. Please see the solicitation for adjectival ratings.

The completed PPQs shall not exceed 4 pages per contract.

Projects must demonstrate experience in construction, preventative maintenance, or both.

Evaluation Criteria Continued…

FACTOR 1: PAST PERFORMANCE

Evaluation Criteria:

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 is in no order of importance):

i. Projects that demonstrate experience working in Italy

ii. Projects demonstrating experience with multiple projects in multiple trades

iii. Projects demonstrating experience working with proposed Key Subcontractors and/or the proposed JV Partners

iv. Projects demonstrating experience performing in high occupancy facilities

v. Projects that demonstrate preventative maintenance services.

Section 00 21 00 Instructions to Offerors Remember to follow solicitation instructions ‘exactly.’

Check that all criteria is met, or as much as possible Check that Attachment 2 and 3 (for each project) are filled out completely, accurately and is part of the submitted package.

Questions on Experience / Past Performance?

Each questionnaire shall be placed inside of an envelope and sealed by the client/reference and returned in a sealed envelope with the signature by the reference(s) across the seal.
The completed questionnaire shall have additional evidence that the information provided is from the POC such as; letterhead, corporate info on

return envelope, official, or company stamp.

The Offeror shall submit the sealed envelope with the Offerors proposal.
The client/reference should be the project owner or if a government project, this could be the government representative responsible for project supervision on the jobsite.
The offeror is encouraged to include its corporate past performance.
The Government will verify information submitted on these questionnaires.
The Offeror is encouraged to provide information that may aid in the evaluation of its successful past performance, such as letters of appreciation, performance evaluations, commendations, for projects of similar size and type of work, and information on problems encountered on projects and the Offeror’s corrective actions taken.
Offerors are reminded that the Government reserves the right to obtain past performance information from any source available, and has the right to contact customers other than those listed by the Offeror to evaluate past performance.

Section 00 21 00 Instructions to Offeror

FACTOR 2: MANAGEMENT APPROACH

Submission Requirements:

This section shall include a narrative describing the Offeror’s proposed management approach and transition plan. Proposal information for this Factor will be limited to 30 pages.

FACTOR 2: MANAGEMENT PLAN/TRANSITION PLAN

Evaluation Criteria:

Evaluators will determine whether the Offeror’s management plan / transition plan is logical, feasible, and demonstrates a comprehensive understanding of the complexity 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, in a precise and logical manner, including all offices involved with the management of the contract, including Key Subcontractors and JV partners.

Whether the proposal clearly describes interaction with the incumbent and/or follow-on contractor; and how documentation and historical information will be transitioned (IE: previous preventative maintenance reports, maintenance manuals, etc).

FACTOR 2: MANAGEMENT APPROACH

The extent to which the proposal describes the quality assurance and quality control plans intended for construction and / or service task orders that may be awarded.

How various disciplines required in facility construction and maintenance will be procured, managed, and retained (IE: fire protection, elevator maintenance and repair, HVAC, etc.).

Whether the proposal contains comprehensive descriptions of duties roles, major responsibilities and authorities for the following key personnel (resumes required):

1) Project Manager
2) Site Superintendent
3) Contractor Quality Control (CQC) Systems Manager
4) Site, Safety, and Health Officer

The extent to which the proposal describes a reasonable and logical plan for the performance of five (5) simultaneous task orders in a high occupancy facility that illustrates a detailed understanding of multiple task order requirements, proposes personnel that meet the specification requirements, and provides subcontracting and staffing plan.

FACTOR 2: MANAGEMENT APPROACH

For this factor, Offerors will be assigned a combined technical/risk rating based on the evaluation of the Offeror’s proposal in accordance with the requirements of the solicitation.

Risk levels as described in the adjectival ratings in the combined technical/risk rating table will be assessed according to the following guidelines:

Section 00 22 00 Instructions to Offerors FACTOR 3: Volume II, Price Volume II shall include the following:

Section A – Cover Letter.

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.

c. Completed Solicitation Form (and amendments).

d. Bank Letter of Assurance or Bid Bond in the amount of €4,000,000. See format provided as RFP attachment.

e. SAM Registration, Representations & Certifications.

f. Financial Information. Please submit your company’s Dunn and Bradstreet Financial Ratings Report.

FACTOR 3: Price Evaluation Criteria

Factor 3 shall be submitted as its own Volume – Volume II, “Price Proposal and Administrative Matters.” Price will not be rated, but will be considered 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.

FACTOR 3: Price Submission Requirements:

a) Attachment 5: Construction UPB Coefficients for the base and all option years

b) Attachment 6: Monthly pricing per school for the base and all option years

c) Emergency Repairs (Cost Plus Fixed Fee). For proposal purposes, this CLIN shall have a ceiling price of $200,000. Offerors shall provide pricing for only the Fixed Fee on these CLINs.

d) A firm fixed price proposal for the sample construction task orders for both Aviano and Sigonella using the proposed coefficients and price book.

From a price perspective, an offer’s overall value will be assigned as being the sum of one base year of preventative maintenance services; the sample task order prices; and the proposed fixed fee for the base year. Coefficients and monthly school pricing will be analyzed to ensure they are fair, reasonable, and balanced throughout all ordering years. 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.

U.S. Procurement law & Overseas Contracting

Kristina Morrow Contracting Officer

Overview US Procurement Regulations and Important Clauses Joint Ventures Bonding Requirements Compliance with Local Labor Laws and Defense Base Act Insurance Prime Contractor Project Management Miscellaneous Points

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.

Compliance with local labor laws

The U.S. Government is very concerned that laborers on our projects receive working conditions and wages in accordance with Host Nation laws and regulations “Compliance With Local Labor Laws”, provides that contractors must comply with all host nation labor laws and regulations including laws and regulations relating to hours of work and compensation.

Be aware that this applies to subcontractors as well as the prime contractor – the prime contractor is responsible for ensuring that all workers on the project are properly paid, regardless of whether the workers are employed directly by the prime contractor, principal subcontractor or subcontractors at any tier.

The Government will always hold the prime responsible.

Defense base act (DBA) insurance Italy has a waiver from the DBA Insurance requirements with respect to workers covered by Italy’s “COMPULSORY WORKERS’ COMPENSATION LAWS.”

Also, RFP clause 52.000-4133 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) – COUNTRIES WITH WAIVERS (SEPTEMBER 2017) – has a link where you can click to get a copy of the terms of the Italy waiver This waiver does NOT apply to US citizens, lawful residents of the US, or employees hired in the US. For such employees, reference the RFP FAR Clause 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014.

Subcontractor and Proposed Personnel

When selecting contractors, prime contractors can receive credit for the experience, past performance and capabilities of a subcontractor provided the proposal includes a letter of commitment signed by both prime and subcontractor.
A letter of commitment is not a contract, but it represents a commitment by the firms to work together if a contract is awarded.
We expect firms to provide the subcontractors they specify in a letter of commitment.
When a contractor specifies personnel by name in a proposal, we also expect those personnel will be provided.
Substitutes are allowed only with Contracting Officer approval.
Approval of substitution is given only where the proposed substitute is deemed by the Contracting Officer to be equal to the proposed personnel or subcontractor; this is a matter of Contracting Officer discretion.

Tax Exemptions United States contractors in Italy solely for the purpose of supporting the U.S. forces shall not be subject to any form of income or profits tax by the Government of Italy.

Importation of articles by contractors acting on behalf of the U.S. shall be free of any import duties or taxes.

Prime Contractor Project Management

The U.S. Government contracts are with the prime contractors.
We expect the prime to actively manage the project and ensure the work meets contract requirements and the U.S. Government will hold the prime contractors responsible for contract execution.
When issues arise, we deal with primes, not subcontractors.
The U.S. Government will enforce contract schedules and assessment of Liquidated Damages if the schedule is not met.

Compliance with Local Labor Laws

The U.S. Government is very concerned that laborers on our projects receive working conditions and wages in accordance with Host Nation laws and regulations
There are some very important provisions in the contract that relate to labor:
The clause entitled “Compliance With Local Labor Laws”, provides that contractors must comply with all host nation labor laws and regulations including laws and regulations relating to hours of work and compensation.
Please be aware that this applies to subcontractors as well as the prime contractor – the prime contractor is responsible for ensuring that all workers on the project are properly paid, regardless of whether the workers are employed directly by the prime contractor, principal subcontractor or subcontractors at any tier. The Government will hold the prime responsible.

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)

Articles and services acquired by contractors acting on behalf of the U.S. are not subject to direct or indirect taxation, to include value added taxes, excise taxes, sales taxes or similar taxes.
The VAT exemption is a Point of Sale (POS) exemption that is facilitated by the use of a VAT form.
The contractor is responsible for properly filling out the VAT exemption forms provided by the U.S. Government.
The contractor is responsible for providing the Government with any information necessary to certify or process VAT exemption forms.

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. For this solicitation, the BLG required is 10% of the construction 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.

Joint Ventures

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.

Teaming Agreements

- 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).

Miscellaneous Points

The US acts through warranted Contracting Officers (KOs).
Contracting Officers are assisted by Administrative Contracting Officers (ACOs) and Contracting Officer’s Representatives (CORs) acting within the bounds of authority delegated to them by the Contracting Officer.
Only a warranted Contracting Officer (or designated ACO) may provide direction to a contractor on a U.S. Government contract.

CONCLUSION

Questions?

Thank you for your interest & attendance!

File details come from the government source that posted it. Updated .