Pre-Proposal_Slide_Deck.ppt

PRE-PROPOSAL CONFERENCE

W912GB19R0044

DESIGN/BUILD CONSTRUCTION OF

WATER SUPPLY SYSTEM IMPROVEMENTS FOR LACHIN IDP COMMUNITIES IN

AGHAJABADI REGION, AZERBAIJAN

Presented by:

U.S. Army Corps of Engineers Europe District

16 July 2019 Baku, Azerbaijan

US ARMY CORPS OF ENGINEERS (USACE)

US EMBASSY

INTRODUCTIONS

Information Provided for this Pre-Proposal Conference

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

DISCLAIMER

16 July 2019

17 July 2019 Site Visits

Slide 4

AGENDA

Sign In Sheet for Attendance

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

Ask questions and follow up with email. All questions must be submitted in writing and will be answered via an amendment that will be posted on www.fbo.gov

SPECIAL INSTRUCTIONS

Make sure people sign in and turn off cell phones.

SOLICITATION, PROPOSAL SUBMISSIONS & SOURCE SELECTION

KRISTINA MORROW

CONTRACTING OFFICER

OVERVIEW

This Solicitation will result in the award of a single firm-fixed price stand-alone (i.e. C-type) contract.

Traditional Design-Build Acquisition approach (FAR Part 36) Best Value Tradeoff Source Selection Procedures (FAR 15.101-1) Magnitude of Construction is between $250K and $500K (FAR 36.204) Award will be made in U.S. Dollars ($) Proposal due date is 2 August 2019 at 14:00 CEST

SUMMARY

SOURCE SELECTION PROCESS OVERVIEW

Single Phase Evaluation Proposal Material Received Individual Evaluations Consensus

SSA

Briefing Award Decision Discussions* Final Proposal Revisions Contract Award Debriefings

*If Required Solicitation Issued

Strengths Weaknesses Merit & Confidence Ratings

REGISTRATIONS & IDENTIFICATION NUMBERS

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

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

SOLICITATIONS & AMENDMENTS

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

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

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

PROPOSAL SUBMISSION

FBO REGISTRATION

Enter DUNS

Offerors with technical inquiries shall submit their inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet.

Bidder Inquiry Key:

CYKW2A-9ZN9YK

The Bidder Inquiry System will be closed to new inquiries fourteen (10) calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

PRE-PROPOSAL INQUIRIES VIA PROJNET

Enter Inquiry Key Select USACE Enter Email

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

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

GENERAL SUBMISSION INFORMATION

File Organization, Formatting, and other instructions.

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

Offerors shall prepare proposals in the English language.

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

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

GENERAL SUBMISSION INFORMATION (CONT)

Upload Completion & Deadline.

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

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

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

Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to Offerors Competitive Acquisition (Jan 2004),” subparagraph (e).

GENERAL SUBMISSION INFORMATION (CONT)

PROPOSAL FORMAT

EVALUATION FACTORS

VOLUME I, NON-PRICE

Executive Summary. Include a one page cover letter stating the Offeror’s interest and ability to perform the work, including any applicable executed joint venture agreements or other evidence of formal teaming agreements.

Factor 1, Technical Approach. Offerors shall submit their proposed technical approach to achieve all necessary tasks covered in the SOW. The methodology shall state at a minimum:

PROPOSAL FORMAT – VOLUME I

Delete “Proposal Data Sheet not to exceed one page (See attachment)”

VOLUME I, NON-PRICE

Factor 2, Past Performance. The Offeror must submit no more than four (4) project narratives that demonstrate experience executing work similar to the SoW. Each project submitted for experience shall have been completed within the past eight (8) years from the date of proposal submittal and have a value between $250,000 and $1,000,000.

PROPOSAL FORMAT – VOLUME I

Delete “Proposal Data Sheet not to exceed one page (See attachment)”

Ref: RFP Attachment 1 Experience Information Sheet

Ref: RFP Attachment 1a

PPQ FORM

CPARS FORM

VOLUME II, PRICE PROPOSAL AND ADMINISTRATIVE MATTERS

Cover Letter. The cover letter shall include the following for this volume:

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

PROPOSAL FORMAT – VOLUME II

Completed Price Schedule. Offerors shall submit a completed price schedule, including proposed prices for all Contract Line Item Numbers (CLINs) for the base and all option items. The Price Schedule is included in Section 00010 of this solicitation. A narrative shall also be provided to include the following information: a description of cost drivers to include material; labor; equipment; subcontracts; and overhead, and any price assumptions made when developing the proposal.

Bid Bond or Letter of Assurance. Offerors will be required to submit either a Bid Bond (FAR Clause 52.228-1) OR a Letter of Assurance (Section 00 43 00, Section 00 61 00, and FAR Clause 52.000-4059) in the amount of 10% of the proposed price shall be provided. FAILURE TO PROVIDE A BID BOND OR LETTER OF ASSURANCE AS PRESCRIBED ABOVE WILL DETERMINE YOUR PROPOSAL TO BE INCOMPLETE AND NOT EVALUATED.

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

Financial Information. (e.g. past 3 years financial statements, annual reports, Dun & Bradstreet Ratings, and or number, bank name, and POC, etc). This information will be used for the purpose of completing the responsibility determination and will not be rated. The offeror shall specify the number of years the firm has been in business and a list of present commitments, including the dollar value.

The Government will evaluate the proposed technical approach to assess the Offeror’s perceived ability to implement all requirements of the SOW. Offeror’s proposed approach shall:

FACTOR 1: TECHNICAL APPROACH– EVALUATION CRITERIA

FACTOR 1: TECHNICAL APPROACH– EVALUATION CRITERIA

Offerors rated as Marginal or Unacceptable will not be considered for award.

FACTOR 2: PAST PERFORMANCE - EVALUATION CRITERIA

Offerors that demonstrate experience in multiple features of construction listed above will be considered more relevant.

FACTOR 2: PAST PERFORMANCE (CONT)

Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

FACTOR 2: PAST PERFORMANCE (CONT)

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

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

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

Price will not be assigned an adjectival rating, but rather the Government will evaluate price in accordance with FAR 15.404-1.

Failure to submit a price and failure to complete all CLINs in Section 00 10 00 of the Solicitation may result in the Offeror’s proposal package being rejected by the Government after initial evaluation without further consideration.

FACTOR 3: PRICE - EVALUATION CRITERIA

CONTRACT LINE ITEM NUMBERS

What is a Debriefing?

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

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

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

DEBRIEFINGS

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

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

FINAL COMMENTS / REMINDERS

Offerors with technical inquiries shall submit their inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet.

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

Proposals must be submitted using Bids/Responses feature on FBO

REMEMBER: Clearly Organize and properly label your proposal.

Insert FBO

U.S. PROCUREMENT LAW & OVERSEAS CONTRACTING IN AZERBAIJAN

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)

DISPUTES AND CLAIMS REGULATIONS

41 United States Code (U.S.C.) Chapt. 71 -Contract Disputes

FAR Subpart 33.2, Disputes and Appeals

FAR 52.233-1, Disputes Slide *

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

CLAUSE 52.000-4004

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

IMMUNITY FROM LEGAL PROCESS

COMPLIANCE WITH LOCAL LABOR LAWS

DEFENSE BASE ACT (DBA) INSURANCE

DEFENSE BASE ACT (DBA) INSURANCE (CONT.)

TAX EXEMPTIONS

United States contractors in Azerbaijan 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 Azerbaijan.

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

VALUE ADDED TAX (VAT)

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

BONDING REQUIREMENTS

If submitting a proposal as a joint venture (JV), the experience and past performance for each joint venture partner will be considered for the joint venture entity. JVs shall submit the following:

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

JOINT VENTURES

See RFP Section 00 21 00 for exact Instructions

- During Source Selection, prime contractors can receive credit for the experience, past performance and capabilities of a teaming partner 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

During Source Selection, 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 authorized representatives of both the prime and subcontractor. You will be expected to use the committed subcontractors for the work you perform and failing to do so may be grounds for termination of the contract.

Similarly, when a proposal specifies prime personnel by name you are expected to use those personnel for the work performed.

Substitutes of key personnel or key contractors after award are allowed only with Contracting Officer approval. Proposed substitutes must be deemed equivalent to those proposed. This determination is a matter of Contracting Officer discretion

PROPOSED SUBCONTRACTORS OR KEY PERSONNEL

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

USACE expects the prime contractor to actively manage the project and ensure the work meets contract requirements and the U.S. Government will hold the prime contractors responsible for contract execution.

When issues arise, the U.S. Government deals with primes, not subcontractors.

PRIME CONTRACTOR PROJECT MANAGEMENT

The Provision “Compliance With Host Country Rules and Customs” provides that the contractor is responsible for:

Adequately manning and staffing the project.

The contractor assumes the risk and cost of obtaining the necessary labor to execute the project.

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

PRIME CONTRACTOR PROJECT MANAGEMENT (CONT.)

US CONTRACTING OFFICERS

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.

PROJECT DESCRIPTION

COLLEEN HICKEY

CONTRACTING OFFICER REPRESENTATIVE

The project requires design and construction of:

BASE BID

CLIN0001 - New Artesian-Fed Storage Tank And Associated Yard Piping And Fittings includes mobilization, demobilization, site investigations & improvements, demolition of existing tank, associated new piping and fittings, distribution hub, valves, all applicable requirements for this particular site, signage & final clean-up

CLIN0002 - Piping & Fittings From The Well Site To The Finga IDP Service Distribution Endpoint includes 2.5 km of new piping & fittings, a new water distribution endpoint terminal, associated mobilization, demobilization, site investigations & improvements, demolition, valves, all applicable requirements for this particular site

PROJECT DESCRIPTION

CONCEPTUAL WATER DISTRIBUTION PLAN

CLIN 0001

CLIN 0002

CLIN 0003

CLIN 0004

CLIN 0005

CLIN 0006

CLIN 0007

CLIN 0008

NOT IN CONTRACT

(BASE BID cont’d)

CLIN0003 - Piping & Fittings From The Canal Crossing Of The Ardushlu IDP Water Line To The Nuraddin IDP Service Distribution Endpoint, Including Connection To The Ardushlu IDP Water Line includes a new tee in Ardushlu water supply line immediately west of the existing canal crossing, 1.58 km of new piping and fittings, a new water distribution endpoint terminal, all associated mobilization, demobilization, site investigations & improvements, demolition, valves, all applicable requirements for this particular site

CLIN0004 - Piping & Fittings From The Well Site To The Ardeshevi IDP Service Distribution Endpoint, Including The Major Canal Crossing Near The Well Site includes 150 m of primary distribution pipe, 3.15 km of new piping & fittings, a new water distribution endpoint terminal, all associated mobilization, demobilization, site investigations & improvements, demolition, valves, all applicable requirements for this particular site

CLIN 0001

CLIN 0002

CLIN 0003

CLIN 0004

CLIN 0005

CLIN 0006

CLIN 0007

(BASE BID cont’d)

CLIN0005 - Piping & Fittings From The Ardeshevi Water Line At The Canal Crossing To The Alkhasli IDP Service Distribution Endpoint includes 2.64 km of new piping & fittings, a new water distribution endpoint terminal, all associated mobilization, demobilization, site investigations & improvements, demolition, valves, all applicable requirements for this particular site

CLIN0006 - Piping & Fittings From The Alkhasli Service Distribution Endpoint To The Sheylanli IDP Service Distribution Endpoint includes 1.23 km of new piping & fittings, a new water distribution endpoint terminal, all associated mobilization, demobilization, site investigations & improvements, demolition, valves, all applicable requirements for this particular site

CLIN 0001

CLIN 0002

CLIN 0003

CLIN 0004

CLIN 0005

CLIN 0006

CLIN 0007

OPTIONS

CLIN0007 - Replacement Of An Existing Water Supply Booster Pump At The Well Site, Including Design And Installation Of A New Photovoltaic Array with Battery System (And Associated Concrete Pad) Array To Power The Pump includes a new photovoltaic array with battery system & associated concrete pad to power the pump for the recently constructed, pump-fed elevated water tank

CLIN0008 - Piping & Fittings From The Well Site, Parallel Along The Ardushlu IDP Water Line To The Canal Crossing, Connecting To The Nuraddin IDP Water Line Installed In Base Bid Item 3 Above. If Option 2 is awarded, an extra 90 days will be added to the period of performance of 365 days for a total of 455 days.

includes 0.94 km water distribution pipe extension from the tee location west of the existing canal crossing to the well site

CLIN 0001

CLIN 0002

CLIN 0003

CLIN 0004

CLIN 0005

CLIN 0006

CLIN 0007

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within three (3) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than three hundred sixty-five (365) calendar days after issuance of the Notice to Proceed for all base items and Option 1, if exercised. The time stated for completion shall include final cleanup of the premises.

* If Option 2 is awarded, an extra 90 days will be added to the period of performance of 365 days for a total of 455 days.

** The option items may be exercised within 90 calendar days after NTP.

PERIOD OF PERFORMANCE

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

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

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $786.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

LIQUIDATED DAMAGES

General

Communications

Written and verbal communication with USACE must be in English Contractor must translate any document provided in another language before submitting to the Government

ADMINISTRATIVE REQUIREMENTS

Read and ensure you understand the requirements

Ask questions if you are not certain about something

These requirements exist to enable contractors to deliver a quality product complying with the scope of the contract, on time, within budget, and with ZERO accidents or injuries.

SUMMARY

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.**

Any remarks or explanations provided during the pre-proposal conference and site visit will not change the terms and conditions of the solicitation. Any changes resulting from today or questions received will be addressed in writing by the issuance of an amendment.

All amendments and revised attachments shall be posted on: www.fbo.gov

AUTHORITY AND DISCLAIMER

Kristina Morrow, Contracting Officer E-mail: Kristina.Morrow@usace.army.mil

Betsy Weintraub, Contract Specialist E-mail: Betsy.Weintraub@usace.army.mil

Thank you for your interest & attendance!

Solicitation Points of Contact