USACE_-_Bulgaria_N_Macedonia_Slides.pdf

EVENT FOR INDUSTRY:

WORKING WITH THE U.S. ARMY

CORPS OF ENGINEERS

Presented by:

U.S. Army Corps of Engineers Europe District 06 November 2019

InterContinental Sofia Sofia, Bulgaria

Shoot House - Skopje, North Macedonia

Aviation Pad - NSTA, Bulgaria

AGENDA

Registration – 1 hour 0830-0930

Welcome / Introductory Remarks 0935-0955

About U.S. Army Corps of Engineers (USACE) 0955-1005

Doing Business with the USACE: Part 1 Systems and Registrations

1005-1030

Break – 30 minutes 1030-1100

U.S. Procurement Law and Overseas Contracting 1100-1140

Lunch Break – 1 hour & 20 minutes 1140-1300

Doing Business with the USACE: Part 2 Source Selection, Procurement Tools & Project Delivery Methods

1300-1310

Doing Business with the USACE: Part 3 Understanding the Solicitation, Proposal Preparation, and USACE Specific Requirements

1310-1355

Break – 40 minutes 1355-1435

USACE Program in Bulgaria & N. Macedonia, Q&A Session, Wrap-up and Closing Remarks

1435-1500

Thaddeus Kosciuszko

Polish and U.S. Military Leaders Powidz Air Base

Thaddeus Kosciuszko

WELCOME REMARKS

Information Provided During Industry Day

Any remarks or explanations provided during this presentation today are for general information and will not change the terms and conditions of any resultant solicitation or subsequent contract.

DISCLAIMER

USACE TEAM INTRODUCTIONS

Ms. Allison Blount Program Manager, Base Contracts

Ms. Jennifer Aldridge Strategic Engagement Coordinator

Ms. Leslie Reed Assistant Counsel

Mr. Orkun Dincer Project Engineer

Ms. Alysha MacDonald Contract Specialist

U.S. Army Corps of Engineers

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

USACE is globally engaged and regionally aligned

NAU Commander: Colonel John K. Baker, P.E.

Headquartered in Wiesbaden, Germany Six broad portfolios: Enduring Base Support, Forward Basing and Posture, Medical Facilities, School Facilities, Defense Security Cooperation, and Missile Defense.

Europe District AOR (1 of 2) – MILCON Workload

BEL Belgium BGR Bulgaria CZE Czech Republic DNK Denmark EST Estonia DEU Germany HUN Hungary ITA Italy LVA Latvia LTU Lithuania LUX Luxembourg NLD Netherlands NOR Norway POL Poland ROU Romania SVN Slovakia TUR Turkey

Europe District MILCON projects (past, present, and future) are located in 16 countries throughout the EUCOM AOR:

Europe District AOR (2 of 2) – Non-MILCON Workload

ALB Albania ARM Armenia AZE Azerbaijan GEO Georgia HVR Croatia ISR Israel XKX Kosovo MKD North Macedonia SRB Serbia UKR Ukraine

EUCOM Non-MILCON Workload (not already included in MILCON)

AFRICOM

Non-MILCON

Workload

BEN Benin BFA Burkina Fasso CMR Cameroon TCD Chad DJI Djibuti

GAB Gabon GHA Ghana KEN Kenya LSO Lesotho MWI Malawi MOZ Mozambique NER Niger NGA Nigeria STP Sao Tome SEN Senegal SLE Sierra Leone ZAF South Africa SWZ Swaziland TGO Togo TUN Tuniaia

Central Area Office – Sembach, Germany Ramstein AFB RO

Spangdahlem AFB PO Kaiserslautern RO

Germersheim PO Baumholder RO

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

Hessen Area Office –Wiesbaden, Germany Wiesbaden RO

CIC PO

Grafenwoehr RO

Ansbach PO Hohenfels PO Garmish PO

Stuttgart RO

District HQ – Wiesbaden Special Projects RO

(AFRICOM/EUCOM)

ROBMC (Hospital) Area Office*

Poland MD Area Office (Redzikowo, Poland)

•500+ Employees •25% Local Nationals •More than 30 field offices in 14 countries

Israel Area Office North RO

Haifa PO Central RO South RO

RO: Resident Office PO: Project Office *Planned Office

Northern Europe Area Office (Poznan, Poland) Powidz RO – Powidz, Poland Lask RO – Lask, Poland* Riga RO – Riga, Latvia

Tallinn PO – Tallinn, Estonia

Southern Europe Area Office (MK, Romania) Romania RO – Mihail Kogalnicheanu (MK)

Campia Turzii PO – Romania* Romania MD PO – Deveselu, Romania NSTA PO – Bulgaria

Mediterranean RO – Vicenza, Italy Aviano PO Livorno PO TUSEG – Incirlik AB, Turkey Caucasus PO – Tbilisi, Georgia

EUROPE DISTRICT OFFICES

DOING BUSINESS WITH THE

U.S. ARMY CORPS OF

ENGINEERS PART 1

• General Information: Registrations & ID Numbers

• DUNS Number

• Cage Code

• SAM Registration

• Federal Business Opportunities

OVERVIEW

REGISTRATIONS & IDENTIFICATION NUMBERS

System Description Website General Timeline

DUNS Dun & Bradstreet Number (DUNS):

Unique nine-digit identification number for each physical location of your business http://www.dnb.com 24-48 hours

CAGE /

NCAGE

Commercial and Government Entity (CAGE) Code

NATO Commercial and Government Entity (NCAGE) Code http://www.dlis.dla.mil/ cage_welcome.asp https://eportal.nspa.na to.int/AC135Public/def ault.aspx

7-11 business days

SAM System for Award Management (SAM) is a registration database required for all US Federal Government Contracts https://www.sam.gov/ 2 weeks to go active

FBO Federal Business Opportunities (FBO) a web-based portal which allows vendors to review U.S. Procurement Opportunities and submit proposals https://www.fbo.gov/ Immediate

What is a DUNS Number? It’s a unique nine-digit identification number for each physical location of your business.

How does my firm obtain a DUNS number? Go to http://www.dnb.com to obtain a DUNS number at no cost.

https://www.dnb.com/duns-number/get-a-duns.html

DUNS NUMBER

What do you need to register for a DUNS number?

Legal name Headquarters name and address of your business Doing Business As (DBA) or other name by which your business is commonly recognized Physical address: city, state, country and ZIP code Mailing Address (if different from physical) Telephone Number Contact Name and Title Number of employees at your physical location

DUNS NUMBER

• What is a CAGE Code? The Commercial and Government Entity (CAGE) Code is a unique identifier assigned to suppliers to various government or defense agencies, as well as to government agencies themselves and also various organizations.

• What is an NCAGE Code? The NATO Codification System (NCS) was established in 1954. In order to differentiate between the U.S. and NATO systems, CAGE was referred to as NATO COMMERCIAL and GOVERNMENTAL ENTITY CODE (NCAGE) in the NCS community.

Note: When a business/organization is assigned a CAGE/NCAGE, they are in fact the same code.

CAGE AND NCAGE CODE

• The CAGE or NCAGE code is a required piece of data for registering in the System for Award Management (SAM).

• How does your company obtain a CAGE Code? If you are a vendor located inside the United States, one can be obtained by visiting: https://cage.dla.mil/

• How does your company obtain an NCAGE Code? If you are a vendor located outside the United States, one can be obtained by visiting https://eportal.nspa.nato.int/AC135Public/default.aspx

(Click on the CAGE/NCAGE Code Request Tab)

CAGE AND NCAGE CODE

• 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

SYSTEM FOR AWARD MANAGEMENT

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

Solicitations Provision: FAR 52.204-7 SAM or FAR 52.212-1 Instructions to Offerors--Commercial Items

Contract Clause: FAR 52.204-13 SAM Maintenance or 52.212-4 Contract Terms and Conditions-- Commercial Items.

• Contractors are required to update SAM registration ANNUALLY.

• In order to eligible for the contract award resulting from a solicitation, Offerors are advised to take immediate action to ensure your SAM entity registration is current and/or will be current at the time of proposal receipt by this contracting office.

• SAM has a new entity registration requirement that firms submit an original, signed notarized letter identifying the authorized Entity Administrator for the entity associated with the Data Universal Numbering System (DUNS) number before the registration will be activated.

• Applies to all new entity registrations AND all entity registration renewals.

• NOTE: The instructions are different for domestic (U.S. based) and international (not U.S. based) firms.

For More Information:

Go to General Services Administration's (GSA) announcement page at https://www.gsa.gov/samupdate

Also refer to Federal Service Desk's (FSD) instructions on how to comply with this new requirement.

IMPORTANT SPECIAL NOTICE

Mr. Peter Ivanov Phone: +359 2 9220885 Fax: +359 2 9220643 E-mail: ncbbgncage@mod.bg

BULGARIA POINT OF CONTACT

… is moving to…

IMPORTANT CHANGES!

Contract Opportunities is a government-wide list of notices of proposed contract actions expected to exceed $25,000. Notices include solicitations, pre-solicitations, sole source justifications, awards and other notices related to the acquisition of supplies and services.

• A free web-based portal which allows vendors (contractors) to review U.S. Federal Procurement Opportunities

• Primary source of identifying U.S. Federal Opportunities.

• Vendors (Contractors) use it to retrieve Solicitations and Amendments issued by the U.S. Army Corps of Engineers (non-classified).

FBO OPPORTUNITIES

• Sources Sought: Used as a market research by contracting officers.

• Pre-Solicitation Notice: Makes vendors aware that a solicitation may follow.

Vendors may add themselves to the Interested Vendors List, if the posting agency has enabled this feature.

• Solicitation (Combined Synopsis/Solicitation): Most opportunities classified this way are open for bids from eligible vendors. These opportunities include specifications for the product or service requested and a due date for the proposal.

The notice will specify bidding procedures in the details of the solicitation.

TYPES OF NOTICES (1 OF 2)

• Award Notice: When a federal agency awards a contract in response to a solicitation, they may choose to upload a notice of the award to allow the interested vendors to view the vendor receiving the awarded contract, and amount agreed upon.

• Special Notice: Most opportunities classified this way are open for bids from eligible vendors (For Examples: MATOCs). These opportunities include specifications for the product or service requested and a due date for the proposal.

The notice will specify bidding procedures in the details of the solicitation. Also used for announcing Industry Days.

TYPES OF NOTICES (2 OF 2)

• All Requests for Proposal (RFP) documents and amendments will made available for viewing. It is the Offeror’s responsibility to check the website for any amendments.

• PROPOSAL SUBMISSION: Pay special attention to stated proposal deadlines.

Late proposals in nearly all cases will not be considered.

SOLICITATIONS, AMENDMENTS, PROPOSALS

THE

BASICS

CHANGES IN FEATURES AND FUNCTIONALITY (1 OF 2)

CHANGES IN FEATURES AND FUNCTIONALITY (2 OF 2)

DoD Procure-to-Pay (P2P) beta.SAM.gov | For People Who Make, Receive, and Manage FederalAwards

HOW TO SEARCH

● Search through each award domain separately or across all domains at once with a single search tool

● Easy to understand display

● More consistent results with award data filtering options

● Sort search results by title or date modified

● Search by keyword or ID (ex: DUNS, contract number)

● Find comprehensive data about an entity with a single search

DoD Procure-to-Pay (P2P) beta.SAM.gov | For People Who Make, Receive, andManage Federal Awards beta.SAM.gov | For People Who Make, Receive, andManage Federal Awards 18

BREAK

U.S. PROCUREMENT LAW &

OVERSEAS CONTRACTING

MS. LESLIE REED

OFFICE OF COUNSEL

• U.S. Procurement Regulations and Important Clauses

• Prime Contractor Project Management

• U.S. Contracting Officers

• Joint Ventures, Teaming Agreements, Key Subcontractors, Affiliates & Key Personnel

• Bonding Requirements

• Compliance with Local Labor Laws, Defense Base Act Insurance & Taxes and VAT

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

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

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

• 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.

COMPLIANCE WITH LOCAL LABOR LAWS

• 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 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 the host nation (HN) laws/regulations that increases your labor cost.

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

PRIME CONTRACTOR PROJECT MANAGEMENT (CONT.)

• What if the Prime has a lot of experience, but NO or little experience working in the Host Nation?

• What if the Prime is a host nation company with a lot of experience, but none or very little experience with the U.S.

GOVERNMENT or the U.S. Department of Defense?

PRIME CONTRACTOR EXPERIENCE

• To be more competitive in terms of experience, applicants often enter into Joint Ventures, Teaming Agreements, propose Key Subcontractors who have experience, hire Key Personnel with experience or rely on the experience of an Affiliate company, such as a Parent Company or a “Sister” company

PRIME CONTRACTOR EXPERIENCE, CONT.

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 JV 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, which JV member is responsible for what aspects of the project, the relationship of the JV in terms of ownership/capital contribution, profit/loss sharing; and which party has overall control, etc.

– Note: The Contract will provide that JV members are jointly and severally liable for any obligations under the contract. The JV Agreement should also state this.

JOINT VENTURES See Request for Proposal (RFP) 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). The “credit” given will depend on the proposed participation of the teaming partner.

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 that describes the type of services the subcontractor will perform and that it is signed by authorized representatives of both the prime and subcontractor.

• With respect to key personnel identified in the proposal, the experience of such personnel (whether personnel of the Prime, Teaming Partner, Subcontractor or Affiliate, will be taken into consideration to the extent the proposal describes the nature and amount of contributions that personnel will contribute to the project.

KEY SUBCONTRACTORS & KEY PERSONNEL

• During Source Selection, prime contractors can receive credit for the experience, of an “Affiliate.” The term “Affiliate” is defined in the U.S.

regulations, but typically it refers to a parent corporation or a “sister” company (both subsidiaries of the same parent corporation.)

• If the prime wants to rely on the experience of an Affiliate, its proposal must demonstrate a firm commitment that the Affiliate will participate meaningfully in terms of roles and responsibilities in the performance of the contract. This commitment and the nature of each entity’s relationship and meaningful participation shall be described in a document signed by authorized representatives of both the prime and its Affiliate.

AFFILIATES

• Since the U.S. Government will rely on the past experience of JV members, teaming partners, key subcontractors, key personnel and Affiliates in deciding which proposal offers the best value, the inability or failure to use those same entities or personnel in the manner proposed could result in a termination of the contract.

• In general, substitutions are not guaranteed. The Contracting Officer must determine if the substituted entity or person is comparable to the entity or person proposed in terms of experience and capabilities. If they are not, the Contracting Officer has the discretion to decline the proposed substitution.

WHAT IF A SUBSTITUTION IS NEEDED?

U.S. CONTRACTING OFFICERS

The U.S. 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.

• DBA Insurance coverage is required for work performed by all contractors and subcontractors under U.S. contracts in Bulgaria and N.

Macedonia. No other insurance can serve as a substitute.

• DBA insurance is commercially available from carriers and self-insured employers authorized by the Department of Labor (DOL). The DOL table of authorized carriers and self-insured employers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

• After Contract award, proof of DBA insurance certificates shall be submitted to the Contracting Officer within 10 calendar days of the date of award.

DEFENSE BASE ACT (DBA) INSURANCE

TAX EXEMPTIONS

United States contractors in Bulgaria and N. Macedonia when working solely for the purpose of supporting the U.S.

Government shall not be subject to any form of income or profits tax by the governments of Bulgaria and Macedonia.

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

• Articles and services acquired by contractors acting on behalf of the U.S. should not be subject to direct or indirect taxation, to include value added taxes, excise taxes, sales taxes or similar taxes.

• The contractor is responsible for paying the VAT amount applicable to all effort under this contract and to follow the proper procedures that will be provided with the RFP to seek reimbursement from the Bulgarian and N. Macedonian governments for VAT paid.

• In other words, VAT paid by the contractor to the vendor will not be included in the US payment to the contractor – the contractor must seek reimbursement of the VAT it paid from the Bulgarian and N.

Macedonian governments.

VALUE ADDED TAX (VAT)

• 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, a Bank Letter of Assurance (BLA) and after award a Bank Letter of Guarantee (BLG) may be submitted instead of bond. (typically 10% - 25% of contract or task order award)

• 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.

BONDING REQUIREMENTS

QUESTIONS?

LUNCH BREAK

ENGINEERS PART 2

• Source Selection Process Overview

• Source Selection Approaches

• Source Selection Teams & Responsibilities

• Contract Vehicles

• Project Delivery Methods

DOING BUSINESS WITH THE U.S. ARMY CORPS OF ENGINEERS

PART 2: OVERVIEW

Develop Requirement & Conduct Market Research Develop Acquisition Strategy/Plan Government Issues Solicitation (via FBO)

Pre-proposal conferences/Site Visits will be held for large or complex procurements

Offerors submit questions and Government may amend solicitation

Contractors submit Proposals Government Evaluates Proposals Award on Initial Offers (Decision Point) Establish Competitive Range Conduct “meaningful” Discussions Request & Receive Final Proposal Revisions Evaluate Final Proposals & Make Source Selection Decision Contract Award Debriefings

SOURCE SELECTION PROCESS OVERVIEW

Today, we are here

SOURCE SELECTION PROCESS OVERVIEW

Proposal Material Received

Individual Evaluations Caucus

SSA

Briefing

Award Decision

Discussions* Final Proposal Revisions

Contract Award

Debriefings

*If Required

Solicitation Issued

Single Phase Evaluation

Comments Strengths Weaknesses Merit & Confidence

Ratings

Consensus Strengths Weaknesses Merit & Confidence

Ratings

Two COMMON Approaches

• Lowest price technically acceptable (FAR 15.101-2 ) Best value is expected to result from selection of a technically acceptable proposal with the lowest evaluated price

• Trade-off Process (FAR 15.101-1) In the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror All evaluation factors and significant subfactors that will affect contract award and their relative importance shall be clearly stated Possible Trade-offs: Technical, Past Performance, and Price/Cost

SOURCE SELECTION APPROACHES

Source Selection Authority (SSA)

– Often the Contracting Officer (KO)

– Ensures process conducted properly

– Ensures Source Selection Plan and Evaluation Criteria are consistent with solicitation

– Selects Best Value Offer

Source Selection Evaluation Board

– Conduct comprehensive review & evaluation of proposals against solicitation requirements and evaluation criteria and assign a rating

– Document deficiencies and basis of evaluation

– Identify necessary items for discussion

– Provide information to KO supporting debriefings of unsuccessful

Offerors

SOURCE SELECTION TEAM ROLES & RESPONSIBILITIES

Source Selection Authority

(SSA)

Source Selection

Evaluation Board (SSEB)

Technical Evaluation

Team

Cost/Price Evaluation

Team

CONTRACT VEHICLES

AND

PROJECT DELIVERY METHODS

Construction - Multiple Award Task Order Contract (MATOC)

• Multiple Indefinite-delivery, indefinite-quantity contracts under a single “pool”

• Types of Work:

Design-Build (DB) and Design-Bid-Build (DBB) Project Task Orders

• Step 1 – Select MATOC contractors (open competition)

• Step 2 – Individual task orders competed among MATOC contractors

Construction - Job Order Contract (JOC)

• Also known as a Single Award Task Order Contract (SATOC)

• One Indefinite-delivery, indefinite-quantity Contract Award

• Types of Work:

Sustainment, Restoration and Modernization (SRM) type of projects

• Task orders priced using a unit price book (UPB)

• Step 1 – Select JOC contractor

• Step 2 – Individual task orders negotiated with single JOC contractor

CONTRACT VEHICLES OVERVIEW

Environmental Services – Remediation MATOC

• Multiple Indefinite-delivery, indefinite-quantity contracts under a single “pool”

• Step 1 – Select MATOC contractors (open competition)

• Step 2 – Individual task orders competed among MATOC contractors

Architect and Engineering (A-E) Services – Indefinite Delivery Contracts (IDC)

• Various SATOCs

• All solicitations are based on most highly qualified

• Types of Work:

Design Non-design work

• Step 1 – Select A-E SATOC contractor(s)

• Step 2 – Individual task orders negotiated with single A-E contractor(s)

CONTRACT VEHICLES OVERVIEW

PROJECT DELIVERY METHODS

Design-Bid-Build

Design-Build

ENGINEERS PART 3

• Understanding the Solicitation

• Preparing your Proposal

• Exchanges with Offerors & Debriefings

• USACE/U.S. Government Specific Requirements

DOING BUSINESS WITH THE U.S. ARMY CORPS OF ENGINEERS

PART 3: OVERVIEW

• The typical Request for Proposal (RFP) is a significantly long document that reads like a legal text, and has very specific requirements. Make sure you thoroughly read and understand the proposal submission requirements and process.

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

• Understanding each section prior to preparing your first RFP response will certainly save you time.

UNDERSTANDING THE SOLICITATION PACKAGE

UNDERSTANDING THE SOLICITATION PACKAGE

Section 00 01 10 Table of Contents

Section 00 01 15 List of Drawing Sheets

Section 00 10 00 Solicitation, Contract Line Items (CLINs)

Section 00 21 16 Instructions to Proposers

Section 00 22 16 Supplementary Instructions to Proposers

Section 00 45 00 Representations and Certifications

Section 00 70 00 Conditions of Contract

Section 00 72 00 General Conditions

Section 01 00 00 General Requirements

Section 00 73 00 Supplementary Conditions

Section 00 74 00 Special Conditions

Section 01 00 00 General Requirements

Sections 02 00 00 – 49 99 99 Technical Sections

Solicitation and Contract Standard Forms (SFs)

• Standard Form 33, Solicitation, Offer and Award

• Standard Form 1449, Solicitation / Contract / Order for Commercial Items

• Standard Form 1442, Solicitation / Contract

• Standard Form 18, Request for Quotation

• Standard Form 26, Award / Contract

Request for Proposal (RFP): This is a negotiated contract where further discussion may take place after the proposal is submitted. The offeror may have the opportunity to change pricing or technical requirements. A SF 33 or SF 1442 must be signed and submitted. Once the government agency signs the appropriate form, the contract becomes binding. (Offer & Acceptance)

INFORMATION TO OFFERORS - SECTION 00 10 00

MAGNITUDES of CONSTRUCTION

The magnitudes are provided in FAR 36.204 and DFARS 236.204

Typical Language in the Solicitations:

Per FAR 36.204, the estimated price range of this contract (base and all options) is between $1,000,000 and $5,000,000.

INFORMATION TO OFFERORS - SECTION 00 10 00

$500,000 - $1,000,000 $1,000,000 - $5,000,000

$5,000,000 - $10,000,000 $10,000,000 - $25,000,000

$25,000,000 - $100,000,000 $100,000,000 - $250,000,000

Contract line items (CLINS) Price/Costs:

CONTRACT LINE ITEMS – SECTION 00 10 00

Item Number Supplies/Services Quantity Unit Unit Price Amount

0001 Construction of Warehouse

1 Job $5,000.00 $5,000.00

Item Number Supplies/Services Quantity Unit Unit Price Amount

0001 Design and Construction of Warehouse

0001AA Design of Warehouse 1 Job $1,000.00 $1,000.00

0001AB Construction of Warehouse

1 Job $1,000.00 $1,000.00

Fill in the highlighted sections

Info Only

Should include all item 0001 costs

PROPOSAL PREPARATION INSTRUCTIONS - SECTION 00 21 16

This section provides instructions for preparing your proposal including:

PROPOSAL ORGANIZATION: Volume I – Technical Proposal

Volume 2 – Price Proposal

FORMAT: Details regarding PDF readable format, font, and/or page limitation

DEADLINES for submitting questions regarding the RFP and proposal due date

PROPOSAL DELIVERY METHOD: For example, FBO, Email or hard copy submission, address, number of originals and copies, etc.)

NOTICES, CONDITIONS OR OTHER INSTRUCTIONS

EVALUATION CRITERIA - SECTION 00 22 16

This section will typically include:

Basis for Award:

Best Value determination Technical Factors level of importance

Evaluation Factors & Approach: Outlines how the agency will assess and evaluate the proposals.

Adjectival Ratings/Descriptions: Focuses on strengths and weaknesses of the proposal compared to the requirements in the SOW.

Typically, USACE will use no more than 5 evaluation factors.

Some example Evaluation Factors include:

• Management Approach: Approach to seamlessly perform the SOW (functional organization, lines of authority, roles and responsibilities, and interface with agency personnel).

• Technical Approach: Offeror’s approach to managing and operating the contract.

• Corporate Experience: Similarity of previous work.

• Past Performance: How well the offeror has performed work similar to that in the

SOW.

• Price: Must be fair and reasonable.

EVALUATION CRITERIA - SECTION 00 22 16

EXAMPLE: EVALUATION METHODOLOGY

NON-PRICE FACTOR COMBINED TECHNICAL/RISK RATINGS

Color Rating Description

Blue Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.

Purple Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Unacceptable Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable.

Proposal is unawardable.

• Specific characteristics that are tied to significant requirements having an impact on the source selection decision

– Expected to be discriminators between the proposals

• Uniform baseline against which an offeror’s solution is evaluated to determine its value to the Government

• Used to measure how well each offeror meets RFP requirements

• Established specifically for each source selection

– Written by evaluation team

– Derived from market research and risk assessment

• Used to determine which source selection process is appropriate for the acquisition

MORE ON EVALUATION FACTORS

KEY DEFINITIONS

STRENGTH:

• An aspect of an offeror's proposal that has importance or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

WEAKNESS:

• A flaw in the proposal that increases the risk of unsuccessful contract performance.

SIGNIFICANT WEAKNESS:

• A flaw that substantially increases the risk of unsuccessful contract performance.

DEFICIENCY:

• A substantial failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

The Statement of Work (SOW) describes what the government agency wants you to do or supply.

Proposal Tips:

When responding to the SOW, don’t be afraid to be redundant and don’t assume the proposed agency already knows the SOW.

Demonstrate an approach to delivering on the listed SOW and illustrate your firm’s capabilities to the agency.

STATEMENT OF WORK - SECTION 01 00 00

In addition to the general FAR Clauses, this section will also include local clauses including:

CONTRACT CLAUSES/GENERAL PROVISIONS - SECTIONS 00 70 00 & 00 72 00

52.000-4059 LETTER OF ASSURANCE

52.000-4062 BANK LETTER OF GUARANTY

52.000-4103 DISCLOSURE OF LOBBYING ACTIVITIES

52.000-4133 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) – COUNTRIES WITH

WAIVERS

52.000-4092 INSTALLATION CLEARANCE / ACCESS REQUIREMENTS

STR 52.000-4004 IMMUNITY FROM LEGAL PROCESS

STR 52.000-4008 DESIGNATED COUNTRY CITIZENS ON USAREUR ACCESS-CONTROLLED

INSTALLATIONS

STR 52.000-4023 UNAUTHORIZED SERVICE

STR 52.000-4024 RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR, AND CONTRACTOR

PERSONNEL

STR 52.000-4038 ENGLISH SPEAKING REPRESENTATIVE

STR 52.000-4043 CORRESPONDENCE IN THE ENGLISH LANGUAGE

STR 52.000-4074 TAX RELIEF

This section typically includes:

Terms for Inspection and Acceptance Deliveries or Performance

• Defines the terms of the contract and states any options to extend the term of the contract

• Lists the Delivery Dates for each CLIN of the contract

Contract Administrative Data

• Invoice data

Special Contract Requirements

• Security requirements and base access (if applicable

SUPPLEMENTARY CONDITIONS - SECTION 00 73 00

PREPARING YOUR PROPOSAL

• REMEMBER that each Solicitation is different.

• Follow each solicitation instructions EXACTLY. The solicitations will instruct you on what should be submitted, where and when. It is very important to follow those instructions in order to be competitive.

• Offerors are advised to provide their BEST PROPOSAL in the first submission.

PROPOSAL TIPS

PROPOSAL DELIVERY METHODS

• Note that the U.S. Government is no longer using AMRDEC

• Proposals may be requested via Email or CD submission

• Expect to submit proposal using Bids/Responses feature on

FBO

Evaluations are consistent with the solicitation criteria

• Government cannot make assumptions about the Offeror, it must be included in the Offeror’s proposal

Proposals are not evaluated against one another

• Proposals are evaluated against the criteria outlined in solicitation

• Evaluating the offeror’s unique approach to the requirement

Government will issue Evaluation Notices (ENs) as the tool to understand discrepancies or obtain clarifications

• ENs are not providing or developing a solution for the Offeror, they are to obtain additional information

• ENs are specific to individual concern within an Offeror’s proposal

All source selections are governed by the DoD Source Selection Procedures

– http://www.acq.osd.mil/dpap/policy/policyvault/USA007183-10-DPAP.pdf

GENERAL INFORMATION FOR EVALUATION

EXCHANGES WITH OFFERORS

& DEBRIEFINGS

Clarifications – limited exchanges with offerors when award without discussions is contemplated. It allows for Questions and Answers on past performance issues or to correct minor clerical errors.

Communications – contact with the offerors on matters that may determine if they may or may not be in the competitive range such as adverse past performance or ambiguities. Contractors cannot revise their proposal.

Discussions - negotiations that occur after any competitive range decision that cover weaknesses, significant weaknesses and deficiencies with the idea that the offerors will revise their proposal.

Clarifications* As needed with Award

Without Discussion

Adverse past performance, not previously addressed

Past Performance Information relevance

Minor or clerical errors

* Neither Clarifications nor Communications allow for a Proposal

Revision

Communications* To determine competitive range Shall Adverse past performance information is determining factor in exclusion

May Inclusion or exclusion in competitive range is uncertain

Enhance Government understanding of proposal

Facilitate Government evaluation process

Address ambiguities, perceived weaknesses, omissions, mistakes, etc.

Discussions/Negotiations Conducted with offerors in the competitive range

Goal is to obtain best value

Discuss deficiencies, weaknesses, and other aspects of proposal to enhance award

Adverse past performance information to which offeror has not had opportunity to response

Discuss efforts above mandatory minimums

Conducted either orally or in writing or both

Areas my also include issued of compliance with RFP other than evaluation factors

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:

the evaluation process;

how your proposal was evaluated in relation to the evaluation criteria;

what was successful in your proposal;

what was lacking in need of improvement in your proposal; and reasonable responses to relevant questions about whether the source selection procedures were followed.

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

DEBRIEFINGS

USACE/U.S. GOVERNMENT

SPECIFIC REQUIREMENTS

1. Construction Quality Management Course

2. Safety

3. CPM Schedule & Payments

4. Resident Management System (RMS)

Course developed in partnership with Associated Builders and Contractors (ABC) and the Associated General Contractors

(AGC)

Details:

• Instructs Contractor Superintendents, Quality Control (QC) Staff, and Foreman in construction quality control and how it relates to Owner quality assurance (QA)

• Describes the QC/QA system successfully used by USACE

• Required prior to commencement of construction. [Refer to §01 45 00]

USACE CONSTRUCTION QUALITY MANAGEMENT (CQM) COURSE

Location: Wiesbaden, Germany

Registration:

https://www.nau.usace.army.mil/Business-With-Us/CQM/

Upcoming Courses:

16-17 January 2020 / 23-24 April 2020 Class space is limited to the first 35 students.

Registration deadline is two (2) weeks prior to start date.

There is no fee for course attendance. For other questions regarding registration or course information please email CENAU- EC-CQM@usace.army.mil.

CONSTRUCTION QUALITY MANAGEMENT COURSE (CONT.)

SITE SAFETY AND HEALTH

Engineer Manual (EM) 385-1-1 USACE Safety & Health Requirements Manual:

http://www.publications.usace.army.mil/USACE- Publications/Engineer-Manuals/

USACE Specifications:

• 01 35 26 Safety and Health Occupational Requirements

• 01 45 01 USACE Quality Control

• 01 45 01.01 Additional Quality Control Personnel

PROJECT SCHEDULE (SECTION 01 32 01 )

The schedule is the basis for determining contract earnings during each update period and therefore the amount of each progress payment.

Activity cost loading must be reasonable and without front-end loading. Provide additional documentation to demonstrate reasonableness if requested by the Contracting Officer.

PAYMENTS

FAR 52.232-5 Payments under Fixed-Price Construction Contracts Monthly Invoices An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

A listing of the amount included for work performed by each subcontractor under the contract.

A listing of the total amount of each subcontract under the contract.

A listing of the amounts previously paid to each such subcontractor under the contract.

Additional supporting data in a form and detail required by the Contracting Officer.

RESIDENT MANAGEMENT SYSTEM (RMS)

• Comprehensive contract administration software used for ALL construction contracts.

• E.g. Submittals, schedules, pay estimates, contract modifications

CPM SCHEDULE, PROGRESS PAYMENTS AND RMS

BREAK

USACE PROGRAM

UPCOMING OPPORTUNITIES (1 OF 3)

Multiple Award Task Order Contract (MATOC)

• Area: Bulgaria & North Macedonia

• Capacity (shared): $49.9

• Ordering Period: 5 years

• Task Order Range: $200K to $15M

• Design-Build & Design-Bid-Build Projects

• Typical Projects: building renovations, range improvements, new construction of facilities, roof replacements, fire alarm system repair, utilities repair, new hardstand construction or upgrades, airfield improvements and upgrades, etc.

• Planned Solicitation Date: NOV/DEC 2019

Planned Projects:

• Refurbish Fuel Storage Tank, NSTA, Bulgaria $5M-$10M

• Construct Range Tower, NSTA, Bulgaria $1M- $5M

• Live Fire Shoot House, NSTA, Bulgaria $1M- $5M

• Construct Target and Training Aids Devices Simulators and Simulations (TADSS) Warehouse, NSTA, Bulgaria $500K-$1M

Potential Projects:

• MOI Training Building, North Macedonia $500K-$1M

• Krivolak Range - CIED Lane Improvements, North Macedonia $500K-$1M

UPCOMING OPPORTUNITIES (2 OF 3)

Architect-Engineering (A-E) Services Indefinite Delivery Contract (IDC)

• Coverage: Bulgaria, Hungary and Romania

• Capacity (Shared): $49.5M, minimum of 3 awards

• Ordering Period: 5 Years

• Planned Solicitation Date: TBD 2020

• Typical Work includes Multi-disciplined A-E services, specifically:

– Design of military facilities in the stated countries. The design requirements shall need to consider both U.S. design codes and host nation specific design codes and standards, as well as NATO requirements.

– Develop RFP packages for DB & DBB projects

– Prepare design criteria, A-E designs, specifications, design related analyses and studies, and cost estimates.

– Environmental documentation including permits, special studies, as required by host nation laws and regulations.

– Other studies (planning, feasibility, geotechnical, etc), planning & design charrettes, CAD/GIS Mapping, construction inspection services, etc.

UPCOMING OPPORTUNITIES (3 OF 3)

For Fiscal Year 2020 Business Opportunities with the Europe District, visit:

https://www.nau.usace.army.mil/Business-With-Us/Contracting/

QUESTIONS AND ANSWERS PANEL

Information Provided During Industry Day

Any remarks or explanations provided during this presentation today are for general information and will not change the terms and conditions of any resultant solicitation or subsequent contract.

DISCLAIMER

THANK YOU FOR JOINING US!