B.07.01 2021.06.11 - W912GB21R0018 PPC Slides.pdf

PRE-PROPOSAL CONFERENCE

W912GB21R0018

7TH ATC RANGE IMPROVEMENTS, SLUNJ,

CROATIA

Presented by:

U.S. Army Corps of Engineers Europe District

11 June 2021 Virtual Event

FOR OFFICIAL USE ONLY

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

FOR OFFICIAL USE ONLY

Mr. Ryan Shoemaker Contracting Officer

Mr. Joshua Mueller Project Manager

Mr. Herbert (Jay) Aldridge Deputy District Counsel

Ms. Lorraine Laurente Contract Specialist

AGENDA

Welcome / Introductory Remarks 1000-1015

Solicitation Overview, Proposal Submissions & Source Selection 1015-1045

U.S. Procurement Law and Overseas Contracting 1045-1100

Break – 15 minutes 1100-1115

Scope of Work and Site Information 1115-1130

Questions and Closing Remarks 1130-1145

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.

MILCON

► Military Construction Army (MCA) ► Military Construction Air Force (MCAF) ► Department of Defense – Medical (DoDM) ► Missile Defense Program ► Department of Defense Education Activity – MILCON ► Army Family Housing (AFH)

Operations and Maintenance ► Operations and Maintenance Army & Air Force (OMA & OMAF) ► Environmental (Army & Air Force)

International and Interagency Support ► Foreign Military Sales (FMS) – Israel ► NATO Security Investment Program (NSIP) ► Family and Morale, Welfare and Recreation Command (FMWRC) ► DeCA / AAFES ► EUCOM / AFRICOM Support ( MCC, Humanitarian Assistance, etc.)

EUROPE DISTRICT – MISSION LINES

QUESTIONS?

SOLICITATION, PROPOSAL SUBMISSIONS,

AND SOURCE SELECTION

PROCUREMENT MATTERS

LORRAINE LAURENTE / RYAN SHOEMAKER

Contract 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 Issued – 6 MAY 2021

• Amendments – none issued yet

ACQUISITION TIMELINE

• Site Visit – 8 JUNE 2021

• Virtual Pre-Proposal Conference 11 JUNE 2021

• Pre-Proposal Inquiries Due – 8 JUNE 2021

• Subject to change (RFP states it will close 10 calendar days prior to proposal due date, but we are keeping open for inquiries from industry)

• Proposals Due – 18 JUNE 2021

• Subject to change (pending issuance of amendments)

• Anticipated Award –Late-AUGUST 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

• 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

… 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:

ER6TYE-BMMMDC

Bidder Inquiries will be closed to new inquiries TEN (10) calendar 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

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.

• Electronic Proposal Submission. Electronic submissions shall be via DoD SAFE Drop-Off at https://safe.apps.mil/. Offerors will need to “Request a Drop-off” and obtain a “Request Code” from the Contract Specialist in order to submit proposals. A drop-off request is valid for 14 days. NOTE: In the event of technical difficulties, proposals may be sent via email.

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 your firm’s name, followed by the solicitation number, followed by the word “PROPOSAL”, and finally a brief file description. EXAMPLES:

(1) “Firmname W912GB21R0018 PROPOSAL Volume I.pdf”

(2) “Firmname W912GB21R0018 PROPOSAL Volume II.pdf”

GENERAL SUBMISSION INFORMATION

Reference Section 00 21 16

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 by DoD SAFE or 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 should also request confirmation.

GENERAL SUBMISSION INFORMATION (CONT)

VOLUME I, NON-PRICE

Tab A – Factor 1, Technical Approach. The Offeror shall submit their proposed technical approach to accomplish the design and construction tasks covered in the SOW included in this solicitation. Offerors shall limit their technical approach to twenty pages (A4 or letter size) using at a minimum a 10 point font and should describe each of the following:

1. A design plan, including designer selection criteria, design quality control, and how the Offeror will usher the design through the review/approval process.

2. Manpower required to design and construct the project, including the make-up of teams by trade.

3. Any specialized tools and equipment required to construct the project.

4. How the Offeror will ensure cost effective purchase of building materials

5. A plan that includes discussion of how the Offeror plans to track and financially plan for Value Added Tax (VAT) reimbursements or exemptions applicable to work in the Host Nation.

6. The Offeror’s safety processes.

7. The Offeror’s quality control processes.

8. Knowledge of requirements and constraints applicable to work in the Host Nation and regionally near the project location, to include a discussion of registration requirements in Croatia for the designer of record and any registration requirements for the prime contractor.

9. Subcontracting Plan that specifies which technical aspects the Offeror plans to self–perform as the prime contractor and which tasks the subcontractor(s) will perform, and explains how the Offeror will use proposed personnel and sub-contractor resources to assure the delivery of quality workmanship in accordance with the SOW.

Reference Section 00 21 16

SUBMISSION REQUIREMENTS (CONT)

Tab B – Factor 2, Schedule. The Offeror shall include a schedule and an accompanying narrative that includes the minimum components listed below, and utilizes the assumptions specified herein.

Schedule Narrative. The schedule narrative shall not exceed eight pages (A4 or letter size), using at a minimum a 10 point font and should include a discussion of the following:

1. Define what primary assumptions are used in the Offeror’s schedule.

2. Discuss skilled and unskilled labor requirements the Offeror anticipates for critical schedule elements.

3. Identify how the Offeror will manage submittals in advance (e.g. 30, 60, and 90 days prior to submittal due date), and discuss what potential issues it anticipates and how it will proactively resolve them.

4. Discuss how the Offeror will manage subcontractors from a schedule perspective.

5. Coordination with the Ministry of Defence of the Republic of Croatia (MOD) to obtain construction or other related permits, authorizations, or approvals.

Reference Section 00 21 16

Tab B – Factor 2, Schedule, Continued.

Schedule. The schedule submission may be submitted MS Excel, MS Word, or Adobe pdf file format and should be specifically-tailored to the project contemplated by this solicitation. If prepared in Primavera "xer", the Offeror may submit a Primavera file also, The schedule should include the activities listed below:

1. Contract Award

2. Bank Letter of Guarantee (BLG), Insurance Submission and other pre-construction approvals

3. Notice to Proceed (NTP)

4. Submission of each design submittal required in the SOW.

5. Design submittal review periods as specified in the SOW

6. Preconstruction submittals

7. Site Mobilization

8. Construction activities across various construction trades

9. Initial and Final Inspections 10.Closeout documents 11.Construction completion 12.Warranty

Schedule Assumptions: For the purposes of evaluation under this factor, the Offeror should assume a 455 calendar day construction duration after receipt of the Notice to Proceed (NTP). Offerors should use the dates of 30 August 2021 for award and 15 September 2021 for issuance of the NTP. Offerors shall prepare the schedule assuming that all base line items and options will be awarded on that date.

Reference Section 00 21 16

Tab C – Factor 3, Past Performance. Offerors shall submit a maximum of four (4) 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.

“Substantially completed” is defined as having completed more than 75% of the project work at the time of proposal submission. If an offeror submits a project that it represents is “substantially completed,” the offeror must reasonably explain why the project is considered at least 75% complete. If an offeror submits an ongoing project without providing an accompanying reasonable explanation that explains how the project is at least 75% complete, the Government reserves the right to reject the project.

SUBMISSION REQUIREMENTS

Tab C – Factor 3, Past Performance, Continued. Projects considered similar in scope, size, and complexity to this project may be considered more relevant include:

i. Construction projects involving civil, architectural and/or structural work.

ii. Construction projects performed within the EU. Projects performed within Croatia will be considered more relevant than those located in other EU countries.

iii. Construction projects for the U.S. military, U.S. Department of Defense or the military or Ministry of Defense of a NATO member nation, or projects for or funded by NATO.

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 3, 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)

VOLUME II, ADMINISTRATIVE MATTERS / PRICE

Tab D – Executive Summary. Offerors shall submit a one (1) page cover letter including the items listed in Section 00 21 16 of the solicitation. Include a one page cover letter and any applicable joint venture agreements and/or teaming agreements.

Tab E – 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.

SUBMISSION REQUIREMENTS (CONT)

Tab F – 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.

Tab G – 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 proposal 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 proposal a BLA equal to 10% 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.

Reference Section 00 21 16 FOR OFFICIAL USE ONLY

Tab H – Factor 4, 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.

SUBMISSION REQUIREMENTS (CONT)

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: Technical Approach Factor 2: Schedule Factor 3: Past Performance

Price Factor:

Factor 4: Price

Relative Importance of the Evaluation Factors. The non-price factors, when combined, are approximately equal to price. The non-price Factors 1, 2, and 3 are approximately equal to one another in importance.

SOURCE SELECTION AND BASIS FOR AWARD

Reference Section 00 22 16

STRENGTH:

• An aspect of an Offeror’s proposal that has merit 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 material 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.

KEY DEFINITIONS – EVALUATION APPROACH

Ref: RFP Section 00 22 16

Factor 1, Technical Approach will be evaluated as follows:

The Government will evaluate the proposed technical approach to accomplish the SOW included in this solicitation, to assess the Offeror’s perceived ability to implement all requirements of the SOW.

Additional consideration may be afforded to an Offeror whose proposed approach:

i. Demonstrates a reasonable process and rationale for the number and capability of staff to perform the tasks in a cost effective manner

ii. Explains how the Offeror will use proposed personnel and sub-contractor resources to assure the delivery of quality projects in accordance with contract provisions as well as the ability and familiarity with conducting business and finances in Croatia.

iii. Provides an adequate plan for each of the items specified under RFP Section 00 21 00 for this factor.

iv. Demonstrates innovative approaches to maximize personnel efficiency or provide cost savings through reduced materials, travel, and labor.

EVALUATION APPROACH – TECHNICAL APPROACH

Factor 2, Schedule will be evaluated as follows:

The Government will evaluate the proposed schedule to assess the Offeror’s apparent understanding of the project scope and schedule restrictions that must be considered (e.g., long lead items, site access, manpower availability, critical milestones, etc.). The Government will evaluate the Offeror’s apparent understanding of the interrelated nature of activities in the proposed schedule, the Offeror's overall apparent capability to schedule the complete project within the proposed contract duration, and the realism of the schedule. The Government may use independent judgment concerning typical construction durations, as well as the Offeror’s proposed schedule logic and constraints. Additional consideration may be afforded to an Offeror whose proposed schedule:

i. Identifies critical milestones throughout, the anticipated overall critical path, and any parallel activities.

ii. Identifies schedule constraints as they relate to the site access for workers and delivery of materials, long lead items, the Government’s periods for review and approval of submittals, anticipated delays throughout, etc. (including restrictions associated with local holidays and United States holidays)

iii. Shows a thorough list of activities, during the design, construction, and closeout phases of the project.

iv. Distinguishes between prime and subcontractor activities if applicable.

EVALUATION APPROACH – SCHEDULE

FACTORS 1 AND 2 ADJECTIVAL RATINGS

NON-PRICE FACTOR COMBINED TECHNICAL/RISK RATINGS

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

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.

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

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.

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.

Factor 3, Past Performance will be evaluated as follows:

There are three aspects to the past performance evaluation: recency, relevancy, and quality.

The first aspect is to evaluate the recency of the offeror’s past performance. For this solicitation, recent projects are those completed or substantially completed (as defined above) no more than six (6) years before the date that proposals are due.

The Government will next evaluate the relevancy of recent past performance identified in the proposal.

Projects that are similar in size, scope, and complexity and that are located within Croatia may be considered more relevant. Conversely, projects dissimilar in size, scope, and complexity and that are not located within Croatia may be considered less relevant.

EVALUATION APPROACH – PAST PERFORMANCE

Ref: RFP Section 00 22 16 FOR OFFICIAL USE ONLY

By using the criteria from the previous slide, the Government will determine how relevant a past project is when compared to the scope, size, and magnitude of effort and complexities of the solicited project. A relevancy rating will be assigned to each submitted project using the Past Performance Relevancy Ratings table below.

RELEVANCY RATINGS

Past Performance Relevancy Ratings:

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

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

Somewhat Relevant

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

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

The Government will then review how well the offeror performed on those projects. The Government reserves the right to check any of all cited references to verify supplied information and to assess owner satisfaction.

The Government will assign a final, overall Performance Confidence rating, using the ratings in the Performance Confidence Assessment table on the following slide. The Government will review all past performance information collected and determine the quality of the offeror’s performance, general trends, and usefulness of the information and incorporate this information into the performance confidence assessment. The past performance confidence assessment rating is based on the offeror’s overall record of recency, relevancy, and quality of performance.

PERFORMANCE CONFIDENCE ASSESSMENTS

PERFORMANCE CONFIDENCE ASSESSMENTS

Performance Confidence Assessments:

Substantial Confidence

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

Satisfactory Confidence

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

Neutral Confidence

No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence

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

No Confidence Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.

Factor 4, Price will be evaluated as follows:

The Government will evaluate CLIN prices and total evaluated price in accordance with FAR 15.404-1.

Total evaluated price consists of the base bid items, and all option bid items (all CLINs total). The Government will evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in the Solicitation.

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

i. Comparison of proposed prices received in response to the solicitation.

ii. Comparison of proposed prices to historical prices paid, whether by the Government or other than the

Government, for the same or similar items.

iii. Use of parametric estimating methods/application of rough yardsticks to highlight significant inconsistencies that warrant additional pricing inquiry.

iv. Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

v. Comparison of proposed prices with independent Government cost estimates.

vi. Comparison of proposed prices with prices obtained through market research for the same or similar items.

vii. Analysis of data other than certified cost or pricing data provided by the offeror.

The Offeror’s price shall include and incorporate all costs associated with performance of the project, including labor, materials, securing and storage of materials, and equipment.

EVALUATION APPROACH – PRICE

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 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

• 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: ER6TYE-BMMMDC

• Proposals shall be electronically submitted be via DoD SAFE Drop-Off at https://safe.apps.mil/. In the event of technical difficulties, proposals may be emailed to both the Contract Specialist, Ms. Lorraine Laurente, at lorraine.q.laurente@usace.army.mil and the Contracting Officer, Mr. Ryan Shoemaker, at ryan.s.shoemaker@usace.army.mil.

FINAL COMMENTS / REMINDERS

Ms. Lorraine Laurente Contract Specialist Phone: +49 611 9744 2775 Email: lorraine.q.laurente@usace.army.mil

Mr. Ryan Shoemaker Contracting Officer Phone: +49 611 9744 2746 Email: ryan.s.shoemaker@usace.army.mil

POINTS OF CONTACT

U.S. PROCUREMENT LAW &

OVERSEAS CONTRACTING

MR. JAY ALDRIDGE

DEPUTY DISTRICT COUNSEL

• US Procurement Regulations and Important Clauses

• Joint Ventures

• Bonding Requirements

• Compliance with Local Labor Laws and Defense Base Act Insurance

• Prime Contractor Project Management

• Miscellaneous Points

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)

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

SEE RFP SECTION 00 72 00

• DBA Insurance coverage is required for work performed under U.S.

contracts in Croatia by all contractors and subcontractors. No other insurance can serve as a substitute.

• 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

• Refer to FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (July 2014) and 52.000-4133 Workers Compensation Insurance (Defense Base Act) – Countries with Waivers (March 2017) for more DBA Insurance information and how to obtain DBA Insurance

• See also: https://pl.usembassy.gov/wp-content/uploads/sites/23/dba.pdf

DEFENSE BASE ACT (DBA) INSURANCE

• 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 Letter of Assurance and after award a Letter of Guarantee must be submitted.

• The Government must be able to draw on the Letter of Guarantee 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 Letter of Assurance must cover the JV, not just one member of the JV.

See Section 00 21 16 – Tab H – Submission Requirements

BONDING REQUIREMENTS

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

–A legally binding joint venture agreement signed by an authorized officer from each of the firms comprising the JV.

–Shall be translated into English

– A detailed statement outlining, in terms of percentages, the following:

• The relationship of the JV in terms of ownership, capital contribution, profit distro/loss sharing;

• Management approach of the JV

• Structure of the JV

• Bonding responsibilities;

• Party having overall control, etc.

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

JOINT VENTURES

See RFP Section 00 21 16 for exact Instructions

- During Source Selection, prime contractors can receive credit for the experience, past performance and capabilities of a teaming partner provided the proposal includes an agreement with full disclosure of the teaming arrangement and company relationships, which must be signed by authorized representatives of all team members.

- The proposal must explain the major or critical aspects of the work to be performed by each team member (to include identification of team members, a full description of roles and responsibilities of team members, and the duration of the agreement).

TEAMING AGREEMENTS

• 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.

– Obtaining any necessary visas, permits, clearances for workers.

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

– The U.S. Government will not compensate you if labor turns out to be more expensive than you expected.

– This is true even if the reason for the added expense is a change in HN laws and regulations that increases your labor cost.

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

PRIME CONTRACTOR PROJECT MANAGEMENT (CONT.)

SEE RFP SECTION 00 72 00

• During Source Selection, prime contractors can receive credit for the experience, past performance and capabilities of a subcontractor provided the proposal includes a letter of commitment signed by authorized representatives of both the prime and subcontractor. These commitments should be used only for those key subcontractors that you anticipate using on all task orders because you will be expected to use the committed subcontractors for the work you perform.

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

• Substitutes of key personnel or key contractors after award are allowed only with Contracting Officer approval.

PRIME CONTRACTOR PROJECT MANAGEMENT (CONT.)

SCOPE OF WORK AND

SITE INFORMATION

JOSHUA MUELLER

Project Manager

SCOPE OF WORK (SOW) SUMMARY: GENERAL

Contract solicitation is for three separate projects including five contract line items:

- MPMG Range

- 0001 Base Project

- 0002 Optional Item: MAT Track

- RRR Pad

- 0003 Optional Project

- LFSH

- 0004 Optional Project

- 0005 Optional Item: Catwalk

Each CLIN includes: design and construction!

(priced separately)

Each project has its own separate Section 01 10 00 SOW!

SCOPE OF WORK SUMMARY:

OPTIONAL ITEMS, PERIOD OF PEFORMANCE, LIQUIDATED DAMAGES

Option Items: The Government reserves the right to award the options up to 365 calendar days after contract award.

Periods of Performance (POP):

MPMG Range (Base Item 0001 and Optional Item 0002).

- Base Item 0001 shall be completed within 455 calendar days following NTP. If Optional Item 0002 MPMG MAT Track is exercised after initial NTP, it will extend the completion date for the entire MPMG project by the number of days that has passed since NTP when that option is exercised. For example, if Option Item 0002 MPMG MAT Track is exercised 100 days after NTP, the completion date for the entire MPMG project will be 555 days after initial NTP.

RRR Pad (Optional Item 0003).

- Optional Item 0003 shall be completed within 455 calendar days following NTP or option exercise, whichever is later.

Renovate LFSH (Optional Items 0004 and 0005).

- Optional Items 0004 and 0005 shall be completed within 455 calendar days following NTP or option exercise, whichever is later.

Liquidated Damages:

Liquidated damages will be separately applicable to each individual project.

See also Section 01 22 00 Price and Payment Procedures!

SCOPE OF WORK SUMMARY: CONSTRUCT MULTIPURPOSE

MACHINEGUN RANGE

General Project Description:

a. Tree cutting, clearing, grubbing, and grading the site.

b. Construct new ground firing positions and target emplacements

a. 3 Firing Positions

b. 36 Above Grade Stationary Infantry Target Emplacements

c. 21 Stationary Armor Target Emplacements

d. OPTIONAL ITEM: 350m Moving Armor Target Track (MAT), located 1500m out from the firing line

BASE BID PROJECT

SCOPE OF WORK SUMMARY: RAPID RUNWAY REPAIR PAD

Project Description: The project includes the following general items of work:

a. Clear, grub, and grade the site

b. Improve subgrade (if required)

c. Construct 50 meter by 50 meter unreinforced concrete slab

d. Implementation of storm drainage feat

OPTIONAL BID PROJECT

SCOPE OF WORK SUMMARY: RENOVATE LIVE FIRE SHOOT HOUSE

Project Description: The project includes the following general items of work:

a. Demolish existing shoot house and footers to construct a new ballistic shoot house while leaving exterior canopy

b. Provide site drainage

c. OPTIONAL ITEM: Construct new catwalk or re-use existing catwalk

OPTIONAL BID PROJECT

SCOPE OF WORK (SOW) SUMMARY

QUESTIONS?

Information Provided for this Pre-Proposal Conference

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

REMINDER DISCLAIMER

QUESTIONS AND CLOSING REMARKS