B.07.01 RO DABS PPC Slide Deck 17NOV FINAL.PDF

PRE-PROPOSAL CONFERENCE

FY21 ROMANIA DABS-FEV

W912GB21R0003

Presented by:

U.S. Army Corps of Engineers Europe District 17 November 2020

Virtual Event

1. Mute phone / microphone when not speaking

2. Turn off webcam

3. Use the “raise your hand” feature if you want to speak

4. Use the “chat” feature to ask questions to the group

5. Avoid sidebar discussion

6. No technical discussion will be held in this forum

GROUND RULES AND PROCEDURES

USACE TEAM INTRODUCTIONS

Tammy Cinnamon Project Manager

Nancy van Noortwijk Assistant Counsel

Christopher Brackett Contracting Officer

Shawna West Contract Specialist

John Drake A/E WSP Project Manager

AGENDA

Welcome / Introductory Remarks

Contracting Overview

U.S. Procurement Law & Overseas Contracting

DABS/FEV Project Overview

Q&A Session / Closing Remarks

Information Provided During the Pre-proposal Conference

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

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.

QUESTIONS?

CONTRACTING

OVERVIEW –

CHRISTOPHER BRACKET

CONTRACTING OFFICER

PROCUREMENT MATTERS

SHAWNA WEST / CHRISTOPHER BRACKETT

CONTRACTING SPECIALIST / CONTRACTING OFFICER

• Procurement Timeline

• Registrations & ID Numbers

• Federal Business Opportunities

• Pre-Proposal Inquiries & ProjNet

• General Submission Information

• Submission Requirements

• Source Selection Approach

• Debriefings

OVERVIEW

• RFP Part I Issued – 13 NOV 2020

• Amendments – none yet

ACQUISITION TIMELINE

• Pre-Proposal Conference – 17 NOV 2020

• RFP Part I Due Date – 14 DEC 2020 @ 10:00 CET

• RFP Part II Anticipated Issue Date – 30 DEC 2020

• Pre-Proposal Inquiries Due – 17 JAN 2020

• Subject to change (10 business days prior to proposal due date)

• RFP Part II Anticipated Due Date – 1 FEB 2021

• Anticipated Award – Late MAR 2021

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 and where you will find opportunities.

https://www.sam.beta.

gov/

2 weeks to go active

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

• 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 Contract Clause: FAR 52.204-13 SAM Maintenance

• Contractors are required to update SAM registration ANNUALLY.

• In order to be eligible for the contract award resulting from this 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 is submitted to the contracting office.

SYSTEM FOR AWARD MANAGEMENT

Ref: RFP Section 00 21 16 - Instructions

• 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

Ref: RFP Section 00 21 16 - Instructions

… has moved to…

IMPORTANT CHANGES!

• For Help with registration, Contact the Federal Service Desk: www.fsd.gov Live Chat or Web form or via Phone International Calls: 001-334-206-7828, U.S. Calls: 866-606-8220 Hours of Operation: Monday - Friday 8 a.m. to 8 p.m. ET

NEED ASSISTANCE?

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

Bidder Inquiry Key:

6RNJIF-V3KNMR

Bidder Inquiries will be closed to new inquiries TEN business days before the proposal due date in order to appropriately respond and amend the solicitation, if necessary.

PRE-PROPOSAL INQUIRIES VIA PROJNET

Ref: RFP Section 00 21 16 - Instructions

Select USACE

Enter Email

• The Government contemplates that the solicitation will result in a single Firm Fixed-Price construction contract award using a best value tradeoff source selection process.

• The Government will use a staggered receipt of proposals

• Non-price proposals (Evaluation Factors 1-3) are due with the RFP Part I (95% A-E Design

Package)

• Price proposals (Evaluation Factor 4) are due with the RFP Part II issued via amendment to the solicitation (100% A-E Design Package)

• The RFP Part II will be issued only to the offerors that submitted a non-price proposal during the RFP Part I.

• Please see solicitation sections 00 21 16 and 00 22 16 for other requirements and documentation due with the RFP Part I and RFP Part II.

GENERAL SOLICITATION INFORMATION

• File Size Limitations. Offerors are advised that the file size limitation is 10MB due to email server restrictions.

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

(1) “Firmname W912GB21R0003 RESPONSE Volume I.pdf”

(2) “Firmname W912GB21R0003 RESPONSE Volume I Schedule.XER”

(3) “Firmname W912GB21R0003 RESPONSE Volume II.pdf”

GENERAL SUBMISSION INFORMATION

Reference Section 00 21 16 Instructions

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 point or larger and font text shall be legible. Pages shall be letter or A4 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)

• Submission & Deadline.

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

The time & date of proposal receipt will be the delivery time & date recorded of email receipt on the Government’s server. The time the electronic submission is sent by the interested party is not determinative.

Do not assume that electronic e-mail submission will occur instantaneously.

Offerors should time their email submission with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting. Offerors are encouraged to keep a copy of the delivery and/or read confirmation for their record but shall also request confirmation.

GENERAL SUBMISSION INFORMATION (CONT)

RFP PART I, VOLUME I, NON-PRICE

Section A - Executive Summary. Include a one page cover letter and any applicable fully-executed joint venture agreements and fully executed teaming agreements.

Section B - Factor 1, Past Performance. Offerors shall submit a maximum of five (5) projects substantially complete or completed within the last six (6) years (from the RFP issue date) which are similar to this project in size and scope. Projects completed more than six (6) years before the solicitation issue date may be considered for evaluation purposes but may lessen the overall relevancy rating for that project.

Projects considered similar in size will have a minimum cost of $40,000,000.

Projects considered similar in scope will be vertical construction projects such as large warehouses and/or vehicle maintenance facilities performed within the European Union.

SUBMISSION REQUIREMENTS

Reference Section 00 22 16 Evaluation

Section B - Factor 1, Past Performance, Continued. Projects that contain the features below may be considered to be more relevant:

i. Projects that demonstrate work in Romania.

ii. Projects that demonstrate working with the United States Government.

iii. Projects demonstrating working with proposed Key Subcontractors, team members and/or the proposed

JV Partners.

iv. Projects demonstrating working on United States military bases.

v. Projects constructed in remote locations with limited utilities.

The Offeror should complete a Past Performance Information Sheet provided as an attachment to this RFP or a similar document for each project. Past Performance Information Sheets or a similar document shall not exceed four (4) pages per project.

For each project submitted under Factor 1, Offerors shall include completed Contractor’s Performance Assessment Reporting System (CPARS) record or completed Past Performance Evaluation Questionnaire (PPQ) Form if a CPAR is not available.

SUBMISSION REQUIREMENTS (CONT)

Section C - Factor 2, Management Approach. The Offeror shall provide a Management Approach limited to 20 pages, including the following:

i. One (1) organizational chart and a narrative description of the Offeror’s overall structure and management of the project team from the Offeror’s Headquarters to the Offeror’s site office(s).

ii. Discuss how the Offeror will ensure quality consistently across the team. Discuss quality control lines of authority between subcontractors and prime.

iii. Discuss how the Offeror will ensure safety consistently across the team. Discuss safety lines of authority between subcontractors and prime.

iv. Discuss the Offeror’s plan to obtain, retain, coordinate, and manage subcontractors. Include any established relationships with organizations qualified for work within the scope of this RFP, including number of projects that have been completed together and/or number of years of partnering. Identify the significant aspects of the work that are to be self-performed and those that will be subcontracted. Identify the nature and overall percent of work that will be performed by the Prime Contractor and all key sub-contractors. Offerors are reminded of the requirements of 52.236-1, Performance of Work by the Contractor.

v. Discuss knowledge of construction and permitting requirements in Romania to include coordination with local authorities.

vi. Ability to communicate in Romanian and English.

Section D - Factor 3, Technical Approach Narrative and Schedule. The Offeror shall provide a plan describing their proposed approach to executing the work required by the RFP documents. The plan shall consist of (1) a Technical Approach Narrative and (2) Network Schedule. Limited to 10 pages for the Technical Approach Narrative, to include:

i.Describe the offerors overall plan for executing the work from NTP to final completion.

ii. Identify long lead-time items and describe steps to be taken to ensure they will be available on site timely.

iii.Identification of large equipment (including any proposed construction cranes, and batch plants) to be used to perform the work along with the source (self-owned, subcontractor, etc.)

iv.Identification of the 5 (five) main risks identified by the offeror in their schedule, along with mitigation measures.

v.Clearly identify any constraints on the schedules presented (e.g., labor or material availability, permits, weather, etc.).

Section D - Factor 3, Technical Approach Narrative and Schedule, Continued. The Network Schedule must include both a Schedule and a Schedule Narrative consisting of the following:

i. A schedule prepared in Primavera P6 and submitted in native XER format specifically-tailored to the project contemplated by the solicitation. The schedule shall include all of the major portions of work, including submittals, reviews and approval periods.

ii. A description of activities along the critical path of the schedule and all activities with less than one week of float with their relation to the critical path.

iii.Explanation of how durations were determined and logic developed.

VOLUME II, ADMINISTRATIVE MATTERS / PRICE

NOTE: SECTIONS A, B, AND C WITHIN THIS VOLUME TWO ARE DUE WITH

THE RFP PART I AND SECTION D (BLA OR BID GUARANTEE) AND SECTION E

ARE DUE WITH THE RFP PART II.

Section A - Executive Summary. Offerors shall submit a one (1) page cover letter including the items listed in Section 00 22 16 of the solicitation

Section B – 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.

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

i. A completed clause FAR 52.204-8(d).

ii. A copy of their current “Entity Registration” in the System for Award Management (SAM) as recorded at www.sam.gov, showing the following sections: “core data, “assertions”, and “POCs”.

iii. A copy of their current “FAR & DFARS Report” that demonstrates all their completed representations and certifications as recorded at www.sam.gov.

Section D – Bank Letter of Assurance (BLA), Bank Letter of Guaranty (BLG), Bonds, Insurance and other Sureties, and Financial Information.

i. If an offeror intends to provide performance and payment bonds upon contract award, it must provide with its RFP Part II a Bid Bond or other Bid Guarantee conforming to the requirements in FAR provision 52.228-1.

ii. If an offeror intends to provide a BLG upon contract award, it must provide with its RFP Part II a BLA equal to 20% of the proposed price and substantively following the model provided in the RFP.

iii. Offerors shall submit financial information to demonstrate they have adequate financial resources to perform the contract, or the ability to obtain them. For example, past three years financial statements, annual reports, Dun & Bradstreet Ratings, and/or bank name, phone number and POC, etc.

Section E – Price. The Offeror is required to submit a complete Price Schedule that includes completion of all contract line item numbers (CLINs). An Offeror that fails to submit a complete price proposal may be considered unacceptable and may not receive further consideration.

DO NOT SUBMIT PRICE WITH THE RFP PART I. THE RFP PART II WILL BE

ISSUED VIA AMENDMENT WITH THE 100% DESIGN TO THE OFFERORS THAT

SUBMITTED A PROPOSAL IN RESPONSE TO THE RFP PART I. PRICE

PROPOSALS ARE DUE WITH THE RFP PART II.

Trade-off Process (FAR 15.101-1) The Government considers it to be in its best interest to allow award to other than the lowest priced Offeror or other than the highest technically rated Offeror. Factors include:

Non-Price Factors:

Factor 1: Past Performance (Due with RFP Part I) Factor 2: Management Approach (Due with RFP Part I) Factor 3: Technical Approach Narrative and Schedule (Due with RFP Part I)

Price Factor Factor 4: Price (Due with RFP Part II)

Relative Importance of the Evaluation Factors. The non-price factors (Factors 1-3) are approximately equal in importance; and, all non-price factors (Factors 1-3), when combined, are approximately equal in importance to price (Factor 4).

SOURCE SELECTION APPROACH

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

FINAL COMMENTS / REMINDERS

• These slides only summarized portions of the solicitation. It is the Offeror’s responsibility to thoroughly read the entire solicitation and understand the requirements. You may be disqualified for submitting a proposal that does not meet all of the requirements.

• Offerors with technical inquiries shall submit their inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet. Bidder Inquiry Key:6RNJIF-V3KNMR

• Proposals shall be via emailed to both the Contract Specialist, Ms. Shawna West, at shawna.m.west@usace.army.mil and the Contracting Officer, Mr. Christopher Brackett, at christopher.brackett@usace.army.mil.

Ms. Shawna West Contract Specialist Phone: +49 611 9744 2340 Email: shawna.m.west@usace.army.mil

Mr. Christopher Brackett Contracting Officer Phone: +49 611 9744 2931 Email: christopher.brackett@usace.army.mil

POINTS OF CONTACT

U.S. PROCUREMENT LAW &

OVERSEAS CONTRACTING

OVERVIEW –

NANCY VAN NOORTWIJK

ASSISTANT COUNSEL

U.S. PROCUREMENT LAW &

OVERSEAS CONTRACTING

NANCY VAN NOORTWIJK

OFFICE OF COUNSEL

• US Procurement Regulations and Important Clauses

• Prime Contractor Project Management

• US Contracting Officers

• Joint Ventures, Teaming Agreements, Key Subcontractors, Affiliates

• Defense Base Act Insurance

• Taxes and VAT

• Bonding Requirements

• Questions

OVERVIEW

Contracts are awarded and executed under United States Procurement laws and regulations.

Federal Acquisition Regulation (FAR) https://www.acquisition.gov/browse/index/far

Defense FAR Supplement (DFARS) https://www.acquisition.gov/dfars

Army FAR Supplement (AFARS) https://www.acquisition.gov/afars

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

In Specifications 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 prime, not subcontractors and not teaming partners. In a JV, the JV is the prime.

PRIME CONTRACTOR PROJECT MANAGEMENT

In the RFP Specifications Binder, it covers contractor responsibilities and obligations:

• 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.)

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.

• What if the Prime has a lot of relevant past performance for the type of work, but NO or little of that is for projects in the Host Nation?

• What if the Prime is a host nation company with a lot of relevant past performance for the type of work, but NO or little of that is for projects with the U.S. GOVERNMENT or the U.S. Department of Defense?

JOINT VENTURES, TEAMING AGREEMENTS, KEY SUBCONTRACTORS,

AFFILIATES

• To be more competitive in terms of relevant past performance applicants often enter into Joint Ventures (JVs). In JVs, the two (or more) companies become the Prime. They are equally, jointly and severally liable and responsible for all work performed, and the Government can deal directly with the JV.

JOINT VENTURES

If submitting a proposal as a joint venture (JV), 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.

– Shall state that the JV members are jointly and severally liable for any obligations under the contract.

JOINT VENTURES See Request for Proposal (RFP) for exact Instructions

• If forming a JV is not an option, contractors may receive credit for the past performance of a teaming partner if 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 Government must be able to assess the scope of work the teaming partner performed on the project submitted for that teaming partner.

• 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 nature and extent of the proposed participation of the teaming partner.

TEAMING AGREEMENTS

• Prime contractors also can receive credit for the past performance of a subcontractor provided the proposal includes a letter of commitment that describes the type of services the subcontractor will perform under this contract. That commitment must bind both parties and be signed by authorized representatives of both the prime and subcontractor.

KEY SUBCONTRACTORS

KEY SUBCONTRACTOR/TEAMING PARTNER

• Also, if a key subcontractor or teaming partner will be doing most or all of the physical work, the Prime should submit projects so the Government can assess the prime’s past performance and ability to manage projects with this type of division of work.

• Note: the RFP contains a requirement for the prime contractor to do 25% of the work with its own organization. FAR 52.236-1

• Prime contractors also 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 past performance 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

• The past performance and experience of proposed key personnel will not be considered when evaluating an Offeror’s past performance, but it will be taken into account under the Management factor.

KEY PERSONNEL

• If the U.S. Government will rely on the submitted past performance of teaming partners, key subcontractors, 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 to be allowed. 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?

DEFENSE BASE ACT (DBA) INSURANCE

• Romania has a waiver from the DBA Insurance requirements with respect to workers covered by Romania’s “COMPULSORY WORKERS’

COMPENSATION LAWS.”

• 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 waiver for Romania. The RFP will be amended to include this clause

• This waiver does NOT apply to US citizens, lawful residents of the US, or employees hired in the US. For such employees, reference the FAR Clause 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014.

• For those not covered by the waiver, awardees will need to submit proof of DBA insurance policy within a set time after Contract award.

• Defense Base Act (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

DBA, CONTINUED

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

TAX EXEMPTIONS

• United States contractors when working solely for the purpose of supporting the U.S.

Government in Romania are not subject to any form of income or profits tax by the Romanian government.

• Importation of articles by any contractors acting on behalf of the U.S. shall be free of any import duties or taxes if the articles are used on Contract projects.

• 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 RFP SPECS outline the specific VAT procedures for Romania

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 (which it is here), a Bank Letter of Assurance (BLA) and after Contract award, a Bank Letter of Guarantee (BLG) are required.

For the BLA the amount is 20% of the proposed contract price. For BLG’s after award, it will be 20% of the contract amount (10% during the warranty period).

• 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. There is no flexibility to change the terms of the BLA and BLG documents that are attachments to the RFP.

• For other security options (ILCs, Cashiers check’s etc.) see the solicitation page 31 and 32.

• Note: BLA’s and BLGs must cover the JV, not the individual members.

BONDING REQUIREMENTS

QUESTIONS?

PROJECT OVERVIEW –

CONSTRUCT DABS-FEV

STORAGE

JOHN DRAKE

A/E - PROJECT MANAGER - WSP

67DABS FEV PROJECT OVERVIEW

CTAB

CONTROLLED

PERIMETER

AIRFIELD

GATE

(FOD CHECK)

AIR FIELD AREA

DABS CAMPUS

DABS

PERMANENT

ENTRANCE

AIR TRAFFIC CONTROL TOWER

(INSTALL FIRE ALARM – BASE)

(INSTALL ESS ALARM – OPTION)

TEMPORARY

ACCESS/HAUL

ROAD (BY

CONTRACTOR)

CONNECT TO

CTAB WATER

MAIN

DABS LINEAR UTLITIES

DESIGNATED SOIL

DISPOSAL AREA

(COORDINATE WITH BASE)

TEMPORARY HAUL ROAD

(BY CONTRACTOR)

ROAD E150A

MAIN ENTRANCE

TO AIRFIELD

(SHARED ACCESS)

CONTRACTOR’S

STAGING AREA

Project Site Overview:

Buildings

• CTAB-A Rolling Stock Warehouse

• CTAB-B Rolling Stock Warehouse

• CTAB-C Pallet Storage (Option Item)

• CTAB-D Container Storage

• CTAB E Fuel Vehicle Facility (R-11 aircraft refuelers)

• Covered Fuel Testing Area

• CTAB G Vehicle Maintenance Building

• Vehicle Maintenance Bays

• Administrative Space

• CTAB H Central Plant

• CTAB L Pump House

• CTAB K Secure Entry Control (Guard Booth)

Site Improvements

Existing Conditions DABS Entrance

DABS Entrance/Base POL Yard

DABS/Base POL Yard

DABS/Base POL Yard

Site Improvements

• Demarcation Fence with Gates (Option Item)

• Security Control Booth

• Vehicle Fueling Station with Diesel, Mogas Storage Tanks

• PCC Pavement

• Typical - Roads, Sidewalks, Aprons, Parking for 78 civilian contractors

• Heavy Duty - DABS Staging/Mobilization and Fueling Area

• Outdoor LED lighting around buildings and Staging/Mobilization Area and beneath fueling canopy,

• Stormwater

• Grated Inlets, Manholes, Pipe, Oil-Water Separators

• Bioretention (48-hr drain time)

• Gravity Discharge to Open, Regulated Watercourses

• Domestic Water

• Water Storage Tanks for Fire Protection - Steel

• Sanitary

• Gravity Sewage Collection

• Lift Station

• On-site treatment and subsurface disposal (septic system)

• 15+/- Ha Land Disturbance

• Restore with turf

Linear Utilities

• Stormwater

• Domestic Water (Connect to CTAB Main)

• Fire Suppression Water (Separate Mains for

Automatic and Manual Systems)

• Sanitary – Gravity and Force Main

• Low Temperature Hot Water Supply and Return

• Electric (Buried Conduit)

• Communications (Concrete-Encased Fiber Optic)

Linear Utilities

• Stormwater (with OWSs)

• Domestic Water (Connect to CTAB Main)

• Fire Suppression Water (Separate Mains for

Automatic and Manual Systems)

• Sanitary – Gravity and Force Main

• Low Temperature Hot Water Supply and Return

• Electric (Buried Conduit)

• Communications (Concrete-Encased Fiber Optic)

Buildings Overview:

Structural – Typical Warehouse

• Single Story Structures (less than 23m in height)

• Designed in Accordance with U.S., European, and Romanian Structural Standards and Codes

• Steel Roof Deck

• Open Web Steel Joists and Girders

• Precast Concrete Columns

• Masonry (CMU) Walls, where necessary

• Slab on Grade

• Shallow Concrete Foundation

Architecture – Typical Warehouse

• Insulated Metal Panel Walls

• Precast Architectural Concrete Insulated Panel Walls

• Overhead Sectional Doors

• Steel Doors/Frames

• Standing Seam Metal Roof

• Translucent Skylights

• Smoke Hatches

• Access Hatches

• Mechanical Equipment Penetrations

• Utility/Administrative Rooms

Architecture – CTAB-G

• Climate-Controlled Administrative Area

• Equipment Inspection/Repair Workspaces

• Equipment Storage Spaces (including Battery Storage, Hazardous Materials Storage)

• Central Telecommunications Rooms

• Vehicle Maintenance Bays (with 10t Overhead Crane (Option Item) and Jib Crane (Option Item)

• Vehicle Wash Bay

• Generator Testing Bay (with outside Diesel Tank)

Fire Protection Systems Overview:

• All Buildings Fully sprinklered

• Standard and ESFR

• Addressable Fire Alarm Systems in All Buildings

• A new Fire Alarm Annunciator Installed in Air Traffic Control Tower

• Requires coordination with other USAFE projects and HN Government

• Two above ground atmospheric water storage tanks, each 1,000 m3 capacity

• Sprinkler Supply

• Interior and Exterior Hydrants

• Pumps – Located in CTAB-L Pumphouse

• Primary and Secondary Fire Pump Serve Each Storage Tank

• Distribution Mains

• Separate dedicated network for each tank

• Note that the Contract Drawings indicate a partial design and specify the design criteria to be used by the installing contractor who finalizes the system layout and provides hydraulic calculations.

Mechanical Systems

• Building Heating, Cooling, Humidity Control

• Dual Pass Dedicated Outdoor Air Systems

• Louvered wall-mounted supply fans

• Ceiling exhaust fans

• Hot water baseboard heaters

• Hot water unit heaters

• Underground Low Temperature Hot Water Pipe Network to/from CTAB-H

• CTAB-H Central Plant

• Two 1000 KW Condensing Diesel boilers with 1000-liter Diesel Day Tank

• Produce hot water at 80/60C

• Two (2) 1020 LPM Heating Water system pumps

• CTAB-E Fuel Testing Area

• Fuel tanks, pumps, and fuel lines to conduct various tests on fuels in stored vehicles

• 57,000-L single wall steel aboveground storage tank containing JP-8

• 4,000-L double wall steel underground storage tank to drain the 57k-L tank

• 2000-L aboveground double walled diesel fuel tank

Plumbing Systems

• Domestic Water

• Domestic water source is the CTAB water system owned by the Romanian Government

• DABS water main conveys water to CTAB-L Pump Station

• CTAB-L Pump Station

• Storage Tanks

• Booster Pump

• Backflow Preventer

• Buildings

• Storage type electric water heaters

• Emergency Eyewash/Showers where necessary

• Floor Drains

• Trench Drains

• Sinks and toilets in occupied areas

Electrical Systems

• Power Source

• Power source is being coordinated under separate contract

• Transformer outside CTAB-H to be provided under separate contract

• Interior Power

• Switchboards are typically 35,000 AIC rating, ranging from 230 to 400 amps

• Conductors

• Individual insulated copper THWN in metal cable tray or metal compression fit conduits

• Receptacles

• 230V, duplex, 16A, heavy duty.

• 4,000-amp switch gear in CTAB-H Central Plant to distribute 230/400V voltage to each building

• CTAB-E is a Division I, Class II hazardous area and has unique construction requirements.

• LED Interior Lighting

• Emergency Power

• 440kW Diesel Generator in CTAB-H

• All building egress lighting and fire alarm panels

• CTAB-L fire pumps

• Grounding and lightning protection systems

Electronic Security Systems

• Access Control Systems (Option Item)

• Alarm devices in CTAB-A, CTAB-B, CTAB-C, CTAB-D, CTAB-E, and CTAB-G

• Control the entrance into the office area, communications rooms, and exterior man doors

• Door position sensors on all roll up doors

• Alarm devices in CTAB-H, CTAB-L, and CTAB-K

• Control the entrance into the office area, communications rooms, and exterior man doors

• Card readers for access control.

• All ESS headend equipment and power supplies

• Annunciator panel in Air Traffic Control Tower and connection of DABS Access Control

Systems to Air Traffic Control Tower.

• Video Surveillance Camera Systems (Option Item)

• Video Surveillance Cameras and mounting devices provided on the exterior of CTAB-A, CTAB-B, CTAB-C, CTAB-D, CTAB-E, CTAB-G, and CTAB-H.

• Conduit and ductbank for site mounted video surveillance systems.

• All ESS headend equipment and power supplies

• ESS workstation and software to store and retrieve recordings

Telecommunications Systems

• 24-strand Single-mode fiber optic cabling from the MDF (Room 118) of CTAB-G of building G to each Telecommunications Room (TR) within Building G and to each TR in CTAB A to CTABH.

• Category 6 horizontal cabling from the TR to each communications outlet

• Wall-mounted telephone outlets

• Ceiling-mounted wifi outlets

• All DABS telecommunications ducts to terminate at a manhole at DABS permanent entrance.

This manhole has not yet been constructed and is part of a separate USAFE Communications Upgrade Project.

Cybersecurity Systems

• Cybersecurity measures to be implemented for ESS, Life Safety, and Building Management Systems. These can be expected to include:

• Detailed cybersecurity specifications based on the products selected to control Building Management Systems, Life Safety Equipment, and Electronic Security Systems.

• Equipment resulting from the above-specifications:

• Hardware (e.g., firewall)

• Software (such as end-point protection)

• License & support

• Services:

• Cybersecurity Assessment

• Comprehensive Cybersecurity Audit

• Training and Support

Coordination

• Host Nation Government (through the USACE Contracting Officer)

• Site Access Procedures

• Laydown Area Location

• Haul Route Location

• Soil Disposal Area

• Fire Alarm Annunciator and ESS Access Control Annunciator

• Air Traffic Control Tower

• RoMOD signal corps

• Demolition at DABS permanent access

• Construction Equipment movement around the site

• Cranes penetrating 7:1 transition surface

• Electric Power to the site up to and including transformer adjacent to CTAB-H

• USACE/USAF (through the USACE Contracting Officer)

• Connection to USAFE telecommunications manhole

• Electric Power to the site up to and including transformer adjacent to CTAB-H

• Other projects under construction simultaneously

Contract Options Option 1:

• Building CTAB-C (Pallet Storage) •Option 2:

• Access Control Systems •Option 3:

• Overhead Cranes in Building CTAB-G (10t Overhead and Jib) •Option 4:

• DABS Perimeter Demarcation Fence •Option 5:

• Video Surveillance Camera Systems •Option 6:

• Paved Non-Organizational Parking (DABS civilian employee parking)

CONCLUSION /

FINAL REMINDERS

FINAL COMMENTS / REMINDERS

Offerors with technical inquiries shall submit their inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet. Bidder Inquiry Keys: 6RNJIF-V3KNMR

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

• Proposals must be submitted via RFP instructions.

Shawna West Contract Specialist Email: Shawna.M.West@usace.army.mil

Christopher Brackett Contracting Officer Email: Christopher.Brackett@usace.army.mil

POINTS OF CONTACT

Reference Section 00 00 00 - Procurement and Contracting Requirements

THANK YOU!

BACK UP SLIDES FOR MORE INFO

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

Registration:

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

Upcoming Courses:

January 21 & 22, 2021 and April 22 & 23, 2021

The course is now being offered through University of North Florida and there is a $250 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

The Resident Management System (RMS) is the contract administration programs designed by Resident Engineers. The systems provide an efficient method to plan, schedule, and control all aspects of construction.

Support and tutorials:

RMS Support Center YouTube Channel:

https://www.youtube.com/channel/UC_ID-JmaZgePmlrb2zdUOqg

RMS 3 Contractor Mode User Manual:

https://rms.usace.army.mil/datafiles/rmsdocwebsite/files/RMS3CM.pdf

Download RMS 3.0 Contractor Launcher:

https://rms.usace.army.mil/datafiles/rmsdocwebsite/files/RMSLauncherSetupKtr25.exe

Installing RMS 3.0 Contractor Mode https://rms.usace.army.mil/datafiles/rmsdocwebsite/files/Installing%20RMS%203.pdf

RESIDENT MANAGEMENT SYSTEM (RMS)