Contracting_Slide_Deck_Israel_Industry_Day_NYC_19_June19_Rev3.ppt

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

USACE ISRAEL INDUSTRY DAY

NEW YORK CITY

FY19 ISRAEL MATOCS

CONTRACTING

19 June 2019

BUILDING STRONG®

AGENDA

US Procurement Laws / Regulations FY 19 Design Build Construction MATOC FY19 Israel MATOCs Debriefing Information

DISCLAIMERS

Information Provided During Industry Day

Any remarks or explanations provided during this Industry Day are for general information and will not change the terms and conditions of any resultant solicitation.

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 POINTS OF CONTACT

LTC Christian H. Solinsky (Branch Chief Special Programs) Telephone +49 611 9744 2281 Christian.H.Solinksy@usace.army.mil

Glenn Adams (Contracting Officer) Telephone: +49 611 9744 2834 Glenn.Adams@usace.army.mil

Major Latia Wickliffe (Contract Specialist) Telephone: +49 611 9744 2793 Latia.K.Wickliffe@usace.army.mil

Susan Dunnagan (Contract Specialist) Telephone: +49 611 9744 2078 Susan.K.Dunngan@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 Instruction (UAI) http://www.usace.army.mil/BusinessWithUs/Contracting/Resources.aspx

Engineering Pamphlet (EP) 715-1-7 Architect Engineer Contracting in USACE http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_715-1-7.pdf

Doing Business with USACE in Israel – Foreign Military Sales (FMS) Program FOREIGN MILITARY SALES PROGRAM REQUIRES THAT THE PRIME OR JOINT VENTURE CONTRACTORS BE UNITED STATES FIRMS.

U.S. JOINT VENTURES

The Federal Government mandates that a contractor be registered in the System for Award Management (SAM) prior to the award of a Federal contract. Federal Acquisition Regulation (FAR) clause 52.204-7 states that in order to do business with the Government, the contractor must be registered in the SAM database. Firms interested in doing business with the Federal Government should now visit the “System for Award Management (SAM).”

https://www.sam.gov/

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

MANDATORY REGISTRATION IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)

SPECIAL NOTICE:

Please take notice that the System for Award Management 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."

This applies to all new entity registrations and all entity registration renewals effective 29 April 2018 https://www.sam.gov/

MANDATORY REGISTRATION IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)

DUNS NUMBER

Obtain a Data Universal Numbering System (DUNS) Number:

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

http://www.dnb.com

CONTRACTOR AND GOVERNMENT ENTITY (CAGE) CODE

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

CAGE Websites

The CAGE welcome information page is at:

http://www.dlis.dla.mil/cage_welcome.asp

CONSTRUCTION QUALITY MANAGEMENT COURSE

USACE Districts conduct the Construction Quality Management (CQM) Course, which is required to be completed prior to receiving a construction contract award.

Developed in partnership with Associated Builders and Contractors (ABC) and the Associated General Contractors (AGC) 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 Contact your closest USACE District office for information on course schedules

SAFETY AND HEALTH IN USACE

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

MAGNITUDE 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 task order (base and all options) is between $1,000,000 and $5,000,000. The use of this range does not mean that the government has estimates ranging from $1,000,000 to $5,000,000, or that the cost falls near the middle of the range, but only that the government believes the price to fall at a specific point which is within this range of values specified in the FAR. A project estimated at $1,000,001 or one estimated at $4,999,999 would fall within the range. No inference should be drawn as to where this project is believed to fall within the range.

FY 15 ISRAEL MATOC INFORMATION

Ordering Limitations

Minimum - $50,000 Maximum - $15,000,000

Six (6) Firms currently on Contract

CDM Constructors Inc Conti Federal Services (Current FCL) Nibor Enterprises Bryan International LLC Oxford Construction of Pennsylvania Inc Epstein

FY 20 ISRAEL MATOCs Four (4) Individual $49.5M IDIQs

Israel North (Design-Bid-Build) Israel South (Design-Bid-Build) Israel Design-Build Israel Facility Clearance (FCL) (Design-Build/Design-Bid-Build)

FY 20 ISRAEL MATOCs - Presolicitation 22 June 2018 W912GB-18-R-0012

Israel MATOC Design-Bid-Build (Two (2) MATOC Contracts one for North Israel & one for South Israel)

28 June 2018 W912GB-18-R-0014

Israel MATOC Design-Build (One (1) MATOC Contract for all of Israel)

28 June 2018 W912GB-19-R-0015

Israel Design-Bid-Build & Design-Build – Facility Clearance (One (1) MATOC Contract for all of Israel)

FY 20 ISRAEL MATOCs

Minimum - $50K and Maximum $15M

Minimum Guarantee - $5K

Covers duration of the entire Contract for each MATOC (Base & Option Periods)

FY 20 ISRAEL MATOCs North-South IDIQs The majority of the work to be performed is new construction and renovations throughout Israel.

One MATOC contract will be for the North part of Israel with the demarcation for the work North of Beer Sheba (Beer Sheva).

The Government will award two (2) or more contracts to qualifying offerors for the North MATOC.

The second MATOC will be for the South with the demarcation for the work South of Beer Sheba (Beer Sheva).

The Government will award two (2) or more contracts to qualifying offerors for the South MATOC.

The Government reserves the right to use up to 10% of the capacity from each MATOC to be used on the other MATOC. Example: The North MATOC may use up to 10% ($4.95M) of the South MATOC capacity ($49.5M) for task order(s) in the North.

The Government will evaluate and select, for contract award two (2) or more qualified offeror(s) for each MATOC, whose proposal(s) are determined to be the most beneficial to the Government, with consideration given to the technical evaluation factors.

A qualifying offeror is an offeror that is determined to be a responsible source under FAR Subpart 9 and submits a technically acceptable proposal that conforms to the requirements of the solicitation.

Both MATOCs will be solicited together (one solicitation)

That could change!

Offeror’s may propose on one or both of the two MATOCs.

Proposal Submission Requirements

Technical (Example) Experience

Six (6) projects are to submitted and at least four (4) shall be performed by the Prime Contractor or Joint Venture Partners Two (2) of the projects submitted are construction projects in the United States completed as the Prime Contractor or Joint Venture Partners within the last six(6) years Two (2) project showing experience Outside the Continental United States (OCONUS) with projects in Israel being more relevant Projects which involve new construction at a military base and/or Industrial Commercial facilities.

Projects which involve renovations at a military base and/or Industrial Commercial facilities.

Projects which involve airfield runway works (new/replacement paving) Projects built in an active environment and/or phased construction.

Projects with a cost between $2M to 15M.

Projects that are completed (as opposed to in-progress or on-going) within the last six (6) years

Proposal Submission Requirements Technical Experience

The prime contractor must have performed at least 4 of the 6 projects submitted for experience.

2 of the projects must have been built in the USA and 2 of the projects must have been built OCONUS.

Proposal Submission Requirements Technical Past Performance

If available, Offerors shall submit a final, completed record from the Contractor Performance Assessment Reporting System (CPARS). An interim CPARs record will be considered as long as the minimum requirements have been met regarding recency, substantial completion, and overall relevancy.

If no completed CPARS records exist, the Offeror shall complete and submit a Past Performance Questionnaire (PPQ).

Proposal Submission Requirements Technical Management Approach

Narrative supporting how you plan to staff and execute the contract:

US Prime or US Joint Venture & Subcontractor organization Committed Sub Contractors (US Prime/Subcontractor Agreement(s) Communications between Organizations (Contractor & Government) US Key Personnel Staffing (Experience, Education with Resumes) Ability to manage and execute multiple task orders simultaneously Contractor Quality Control Management (USACE Requirements) Resourcing of Materials – (e.g. Long Lead Items) Base Security Access Requirements

Proposal Submission Requirements Technical Management Approach – Key Personnel

In accordance with the USACE specifications provided with the Solicitation or Request for Proposal (RFP), the United States based Prime Contractor is required for Foreign Military Sales (FMS) contracts to provide Key Personnel on the Israel project site(s) using employees on the payroll of the US based Prime Contractor. Key Personnel positions cannot be staffed with personnel from Prime Contractor subsidiary(s) or any Subcontractor(s).

The number of Key Personnel required will be determined by the nature, location(s) and/or complexity of the requirements of a project and will be specifically identified in the Solicitation or RFP. As a minimum the following Key Personnel positions are required:

Project Manager (PM) Site Superintendent (SS) Site Safety and Health Officer (SSHO) Contractor Quality Control Manager (CQCM)

The contractor shall provide key personnel on the project site that are: (1) employed by the U.S. prime contractor, (2) directly paid by the prime contractor, and (3) are completely independent of and free from conflicts of interest with subcontractors the prime intends to use on the project. Key personnel proposed by the prime contractor who have previously been employees of Non-US subsidiaries or related business units, or from firms to be employed as subcontractors on this project will not be considered to be sufficiently independent and will not be approved unless there has been a break of at least 24 months between the employees employment with these firms and this project.

Proposal Submission Requirements Technical Management Approach

In addition, the requirements of Federal Acquisition Regulation (FAR) Clause 52.236-1 “Performance of Work by Contractor” states: “The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty-five (25) percent of the total amount of work to be performed under the contract”.

Proposal Submission Requirements Price Coefficient Pricing will not be used FFP Price at the Task Order Level with Markups Provided Seed Project KO may request other cost and price data

OTHER SUBMISSION REQUIREMENTS

FY 20 ISRAEL MATOCs Design-Build IDIQs The majority of the work to be performed is for new construction and renovations throughout Israel.

In accordance with FAR Subpart 36.301 – Use of Two-Phase Design-Build Selection Procedures, the solicitation will result in a Design-Build MATOC, and in accordance with FAR Subpart 36.303-1(a)(4), shall not exceed five (5) contract awards to qualifying offerors.

The Government will evaluate and select, for contract award up to five (5) qualified offeror(s) for the MATOC, whose proposal(s) are determined to be the most beneficial to the Government, with consideration given to the technical evaluation factors. A qualifying offeror is an offeror that is determined to be a responsible source under FAR Subpart 9 and submits a technically acceptable proposal that conforms to the requirements of the solicitation.

Phase I – Technical Experience Past Performance Management Approach

Phase II – Technical Design Capability Price

FY 20 ISRAEL MATOCs Design-Build IDIQs After evaluation of the Phase One Proposals, a decision by the Contracting Officer or Source Selection Authority will determine those offerors determined to be the most highly qualified will be permitted to submit proposals for Phase Two.

Note: Discussions with Offerors in Phase One may be necessary which would provide the opportunity to correct proposals. In this event, another round of Phase One Proposals evaluations would be required.

FY 20 ISRAEL MATOCs Design-Build IDIQ Proposal Submission Requirements Price Coefficient Pricing will not be used FFP, Price at the Task Order Level with Markups included Seed Project

FY 20 ISRAEL MATOCs FCL D-B-B & D-B IDIQ

Provides for Design-Bid-Build and Design-Build capability for classified projects for repair, maintenance, environmental and construction services for facilities in Israel for Israeli Ministry of Defense - Construction.

In accordance with FAR Subpart 36.301 – Use of Two-Phase Design-Build Selection Procedures, the solicitation will result in a Design-Bid-Build and Design-Build MATOC, and in accordance with FAR Subpart 36.303-1(a)(4), shall not exceed five (5) contract awards to qualifying offerors.

Phase I – Technical Experience Past Performance Management Approach (To Include Details of holding a Current FCL)

Phase II – Technical Design Capability Price

FY 20 ISRAEL MATOCs Design-Build IDIQ Proposal Submission Requirements Price Coefficient Pricing will not be used FFP Price at the Task Order Level with Markups Provided Seed Project

FY 20 ISRAEL MATOCs FCL D-B-B & DB IDIQ FCL Sponsorship

According to Defense Security Services (DSS) Sponsorship Letter – May 2016 A company must have a valid procurement need to access classified information at the time of FCL sponsorship. If the sponsored company is in the pre-award stage, access to classified information must be required during the pre-award stage in order for DSS to accept this request and this should be clearly indicated on the request.

A copy of the DD254 – DoD Contract Security Classification Specification must be included with the Sponsorship application indicating access to classified information is required at the pre-award stage.

Therefore, unless we include a need to have access to classified information at the pre-award stage, in accordance with DSS requirements, the Government Contracting Activity (GCA) will not be able to sponsor interested parties for an FCL who don’t already have an FCL or who previously held an FCL which is no longer active/current.

Currently the requirement to access classified information occurs post award!

In order for offerors to receive the solicitation documents, offerors must possess an active/current US Facility Clearance (FCL).

FY20 ISRAEL MATOC – ON RAMP

The solicitation and contract will establish procedures to re-open competition at any time during the term of the contract.

KO periodically reviews the need for additional Contractors during the ordering period and whether it is in best interest of the Government to add Contractors (On-Ramp)

When On-Ramp is used the Government will advertise the reopening of the competition on Federal Business Opportunities (FedBizOpps)

All new awardees shall meet the criteria established in the initial solicitation .

The evaluation and selection of awardees for any On-Ramp will be the same as the evaluation and award criteria used in the initial basic contract awards.

Anticipated number of awards will announced in the FedBizOpps reopening announcement.

The KO has discretion to award to more or fewer…depending upon the quality of offers received.

FY20 ISRAEL MATOC ON RAMP (CONTINUED)

Any Contractor that received a basic contract award shall not recompete.

New awardee(s) will compete with any existing or remaining Contractors for all task orders.

Any additions due to the On-Ramp will not impact the contract ceiling.

The ordering period for new awardees will not extend the overall maximum term of the original contract, nor shall it reestablish the contract base period.

The Government will not consider unsolicited requests for additional contractors

FY20 ISRAEL MATOC OFF RAMP

The Government reserves the right to utilize Off-Ramps when it is determined to be in the best interest of the Government.

The Government may Off-Ramp a Contractor by:

PROPOSAL DELIVERY METHODS

Delivery via the AMRDEC SAFE Website

No hardcopy, Email or facsimiles accepted

PROPOSAL QUALITY

Offerors are advised to provide their

BEST PROPOSAL

in the first submission

DEBRIEFINGS

DEBRIEFINGS ARE CONDUCTED IN ACCORDANCE WITH:

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

Debriefings shall not include point-by-point comparisons of the debriefed offeror’s proposal with those of other offerors. Moreover, the debriefing shall not reveal any information prohibited from disclosure by FAR 24.202 or exempt from release under the Freedom of Information Act (5 U.S.C. 552) including --

The COE pays the contractor progress payment # _______ The COE team sends the MOD a notification that the progress payment was made (with a copy of the ENG form showing the payment value and date), with a request to the MOD to pay the indirect tax reimbursement The MOD FMS construction projects unit approves the indirect tax reimbursement payment (the fixed number calculated in advance * the progress payment amount) and requests the NY mission to pay the contractor Planned Indirect & TCN tax reimbursement payment flow chart:

Remarks:

The US contractors shall have to list themselves as vendors of the NY mission (only for the first payment to each contractor).

In case the contractor payed taxes to the GOI for hiring TCNs, the contractor will request the COE team for the reimbursements (with a proof of payment) and the COE team shall request the MOD to pay the TCN tax reimbursements using the same process shown above.

The NY mission finance department pays the directly to the US contractor

Doing Business with USACE in Israel – Foreign Military Sales (FMS) Program

Questions