Vitrual - FY22 Georgia Armenia MATOC PPC Slide Deck (20JAN22).pdf

Pre-Proposal Conference

SOLICITATION# W912GB22R0005

FY22 Georgia MATOC & FY22 Armenia MATOC

Thank you for joining the Georgia & Armenia MATOC Pre-Proposal Conference!

The presentation will begin momentarily…at 12:00 CEST.

PRE-PROPOSAL CONFERENCE

SOLICITATION# W912GB22R0005

FY22 GEORGIA MATOC & FY22 ARMENIA MATOC

Presented by:

U.S. Army Corps of Engineers Europe District 20 January 2022

Virtual Event

Wounded Warrior Rehabilitation Center, Tserovani, Georgia

1. Please mute / silence phone

2. Use the WebEx hand raising feature for questions

3. Slides will be posted to sam.gov.

4. Inquiries need to be submitted in projnet but feel free to use the chat function.

BEFORE WE BEGIN…

AGENDA

About the U.S. Army Corps of Engineers (USACE) and Europe District USACE Program in Georgia & Armenia Doing Business with the USACE: Part 1 Systems and Registrations

Doing Business with the USACE: Part 2 Source Selection

FY22 Georgia & Armenia MATOC Solicitation U.S. Procurement Law & Overseas Contracting Q&A Session / Closing Remarks

USACE TEAM

Allison M. Blount Program Manager

David Decker Senior Contracting Officer

Shannon Davie Contract Specialist

H. Jay Aldridge Deputy District Counsel (Attorney)

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

USACE is globally engaged and regionally aligned

USACE Europe District Profile

Workforce: Over 500 Employees

• ~ 15 Soldiers

• ~ 400 Department of Army Civilians

• ~ 25% local nation/host nation employees

Locations

• 30+ field offices in 13 countries

• Headquarters located in Wiesbaden, Germany

• Projects in 46 countries across Europe, Africa, and Israel

Key Stakeholders

• EUCOM

• AFRICOM

• IMCOM

• NATO

• MDA

• DODEA

• State Department/USAID

EUROPE DISTRICT AT A GLANCE

District Commander COL Patrick Dagon

Central Area Office – Sembach, Germany Ramstein AFB RO

Spangdahlem AFB PO Kaiserslautern RO

Germersheim PO* Baumholder RO

BENELUX RO - Mons, Belgium Brunssum PO – Netherlands Dülmen PO - Germany Brussels PO - Brussels

Hessen Area Office –Wiesbaden, Germany Wiesbaden RO Grafenwoehr RO

Ansbach PO Hohenfels PO Garmish PO

Stuttgart RO

District HQ – Wiesbaden Special Projects RO

(AFRICOM/EUCOM)

Expeditionary Area Office*

ROBMC (Hospital) Area Office*

Poland MDA AO NSF Redzikowo

•500+ employees •25% Local Nationals •30+ field offices in 13 countries

Israel Area Office – Herzliya, Israel Central RO (Herzliya) South RO (Beer sheva) Infantry Base RO*

RO: Resident Office PO: Project Office *Planned

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

Tallinn PO – Tallinn, Estonia Latvia/Lithuania PO – Riga, Latvia Norway PO – Oslo, Norway*

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

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

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

Hungary RO – Budapest*

FOR OFFICIAL USE ONLY

Special Projects Office Africa Abuja, Nigeria

EUROPE DISTRICT MISSION AREA

USACE supports national security interests in Europe.

Marshall Plan developed for reconstructing Europe.

USACE Europe Division is established with headquarters in Frankfurt.

Europe Division takes responsibility for work in all NATO countries.

“High water mark” for Europe Division totaling $500M/year in 8 countries with 1200+ employees.

Europe Division undergoes reduction in force to 260 employees and becomes Europe District.

District HQ moves to Wiesbaden’s Amelia Earhart Hotel

Europe District is at historic high delivering projects in 45+ countries worth $5.1B in total workload.

Europe District adapts and delivers, despite COVID-related challenges.

EUROPE DISTRICT HISTORY

Supporting U.S. national security interests in:

• Europe since 1945

• Africa since 1950s

• Israel since 1979

USACE PROGRAM

IN GEORGIA &

ARMENIA

OPPORTUNITIES

DB-DBB Multiple Award Task Order Contract (MATOC):

• Area: Georgia

• Capacity (shared): $25M

• Ordering Period: 5 years

• Task Order Range: $50K to $7M

• Design-Bid and Design-Bid-Build

Projects

• Typical Projects: general building renovation, vertical construction, anti-terrorism force protection of new and existing facilities, horizontal construction, and incidental work.

DB-DBB Multiple Award Task Order Contract (MATOC):

• Area: Armenia

• Capacity (shared): $20M

• Ordering Period: 5 years

• Task Order Range: $50K to $7M

• Design-Bid and Design-Bid-Build

Projects

• Typical Projects: general building renovation, vertical construction, anti-terrorism force protection of new and existing facilities, horizontal construction, and incidental work.

FURTURE OPPORTUNITIES

Search: W912GB

PROJECT DELIVERY METHODS

Design-Bid-Build

Design-Build

Note:

Most of NAU’s projects utilize the Design-Build method

DOING BUSINESS WITH THE

U.S. ARMY CORPS OF

ENGINEERS: PART 1

• General Information: Registrations & ID Numbers

• DUNS Number

• Cage / NCAGE Code

• SAM Registration

OVERVIEW

REGISTRATIONS & IDENTIFICATION NUMBERS

System Description Website General Timeline

DUNS Dun & Bradstreet Number (DUNS):

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

CAGE /

NCAGE

Commercial and Government Entity (CAGE) Code

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

7-11 business days

SAM System for Award Management (SAM) is a registration database required for all US Federal Government Contracts and where you will find opportunities.

https://www.sam.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

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

• 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.

• 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/

• 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.

• 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

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 or FAR 52.212-1 Instructions to Offerors--Commercial Items Contract Clause: FAR 52.204-13 SAM Maintenance or 52.212-4 Contract Terms and Conditions--

Commercial Items.

• Contractors are required to update SAM registration ANNUALLY.

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

SYSTEM FOR AWARD MANAGEMENT

SAM REGISTRATION

Click here

DOING BUSINESS WITH THE

U.S. ARMY CORPS OF

ENGINEERS: PART 2

• Source Selection Process

• Understanding the Solicitation

• Preparing your Proposal

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

PART 2: OVERVIEW

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

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

Offerors submit questions and Government may amend solicitation Offerors submit Phase I Proposals Government Evaluates Phase I Proposals Most Highly Qualified Offerors Invited to Phase II (Decision Point) Offerors submit Phase II Proposals Government Evaluates Phase II Proposals If Necessary, Establish Competitive Range, Hold Discussions,&

Request & Receive Final Proposal Revisions Evaluate Final Proposals & Make Source Selection Decision Contract Award Debriefings if requested

SOURCE SELECTION PROCESS OVERVIEW

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

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

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

UNDERSTANDING THE SOLICITATION PACKAGE

AND PREPARING THE PROPOSAL

MAGNITUDES of CONSTRUCTION

The magnitudes are provided in FAR 36.204 and DFARS 236.204

Typical Language in the Solicitations:

Per FAR 36.204, the estimated price range of this contract (base and all options) is between $1,000,000 and $5,000,000 (clause 52.216-19).

INFORMATION TO OFFERORS

Less than $25,000 Between $25,000 and $100,000 Between $100,000 and $250,000 Between $250,000 and $500,000 Between $500,000 and $1,000,000 Between $1,000,000 and $5,000,000 Between $5,000,000 and $10,000,000 More than $10,000,000

Contract line items (CLINS) Price/Costs:

CONTRACT LINE ITEMS

Item Number Supplies/Services Quantity Unit Unit Price Amount 0001 Construction of

Warehouse 1 Job $5,000.00 $5,000.00

Item Number Supplies/Services Quantity Unit Unit Price Amount 0001 Design and

Construction of Warehouse

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

0001AB Construction of Warehouse

1 Job $1,000.00 $1,000.00

Fill in the highlighted sections

Info Only

Should include all item 0001 costs

FY22 GEORGIA MATOC

FY22 ARMENIA MATOC

W912GB22R0005

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

Georgia Bidder Inquiry Key:

5EDPHN-RSBJFT

Armenia Bidder Inquiry Key:

K7CX3K-7T9832

Bidder Inquiries will be closed to new inquiries TEN 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 00 - Instructions

Enter Inquiry Key

Select USACE

Enter Email

Georgia Bidder Inquiry Key:

5EDPHN-RSBJFT

Armenia Bidder Inquiry Key:

K7CX3K-7T9832

• Task Orders

– Minimum Task Order $50,000

– Maximum Task Order is limited to $7,000,000

– However, smaller and larger dollar value projects may be considered at the discretion of the Contracting Officer

• Total maximum shared capacity over five (5) Years:

Georgia MATOC $25,000,000 Armenia MATOC $20,000,000

W912GB22R0005

• Electronic Proposals. In an effort to reduce paperwork and costs, all responses to this announcement shall be submitted electronically via DoD SAFE Drop-Off at https://safe.apps.mil/

• It is the responsibility of the Offeror to ensure receipt.

• 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:

“Firmname W912GB22R0005 GEORGIA RESPONSE Volume I.pdf” “Firmname W912GB22R0005 GEORGIA RESPONSE Volume I Part 1.pdf” “Firmname W912GB22R0005 GEORGIA RESPONSE Volume I Part 2.pdf” “Firmname W912GB22R0005 GEORGIA RESPONSE Volume II.pdf”

“Firmname W912GB22R0005 ARMENIA RESPONSE Volume I.pdf” “Firmname W912GB22R0005 ARMENIA RESPONSE Volume I Part 1.pdf” “Firmname W912GB22R0005 ARMENIA RESPONSE Volume I Part 2.pdf” “Firmname W912GB22R0005 ARMENIA RESPONSE Volume II.pdf”

GENERAL SUBMISSION INFORMATION

Reference Section 00 21 00 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 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages.

Offerors shall prepare proposals in the English language.

Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors.

Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented.

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

GENERAL SUBMISSION INFORMATION (CONT)

Submission & Deadline.

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

The time and date of proposal receipt will be the delivery time & date recorded of the email receipt on the DoD SAFE.

Do not assume that electronic 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)

Volume I for Phase I shall include the following information:

• Volume I: Factor I – Past Performance

• Volume I: Factor II – Management Approach

Volume II for Phase I shall be submitted in a separate electronic document and include the following information:

• Tab A – Standard Form 1442

• Tab B – Joint Venture Agreement (if applicable)

• Tab C – Commitment Letters (if applicable)

• Tab D – Evidence of Ability to Obtain Financial Protections and Proof of Financial Ability (Bank

Letter of Assurance (BLA) or Bid Bond)

IMPORTANT: Proposal shall clearly state which MATOC the Offeror is proposing, either Georgia and/or Armenia. If the Offeror is proposing for both Georgia and Armenia, two separate proposals shall be submitted, one for the Georgia MATOC and separate one for the Armenia

MATOC

NOTE: Phase I does NOT involve pricing submission.

PROPOSAL FORMAT – PHASE I

Reference Section 00 22 16 Supplementary Instructions

Trade-off Process (FAR 15.101-1) In the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror. Factors include:

Non-Price Factors:

Factor 1 – Past Performance Factor 2 – Management Approach Factor 3 – Technical Approach Narrative and Schedule – Sample Project

Price Factor Factor 4 – Price – Key Personnel Labor

Relative Importance of the Evaluation Factors. Factor 1 – Past Performance, Factor 2- Management Approach and Factor 3 – Technical Approach, are listed in relative order of importance.

All non-price factors when combined are considered approximately equal to price.

SOURCE SELECTION APPROACH

Ref: RFP Section 00 22 16 – Supplementary Instructions to Proposers

Provide a minimum of two (2), and a maximum of five (5) projects that are completed or substantially complete by the Offeror (or by a JV member or other team member with a signed Commitment Letter) within the last 5 years (from the solicitation issue date) which are similar in size and scope to task orders that will be issued under the applicable contract. Projects completed more than five (5) years before the solicitation issue date may be considered less relevant. Projects are considered substantially complete at 95% completion, if enough work has been performed such that it demonstrates the ability to successfully complete all phases of the project.

• Projects considered similar in size will have a contract value between $200,000 and $1,000,000 but may be as high as $7,000,000.

• Projects considered similar in scope to this project shall be Design-Build (DB) construction of new facilities, renovations of existing structures, and real property repair.

NOTE: Design/Bid/Build projects may be submitted; however, they may be considered less relevant than Design/Build projects.

FACTOR 1: PAST PERFORMANCE (SUBMISSION REQUIREMENTS)

Ref: RFP Section 00 22 10 - Evaluation

Projects must demonstrate that the Offeror (or if applicable the JV member or other team member with a Commitment Letter) has self-performed at least 15% of the cost of that contract, not including the cost of materials, using its own employees to be considered similar.

• Additional consideration may be given for projects that contain the following features:

Demonstrated experience in successfully completing DB/DBB projects in the country being proposed (either Georgia and/or Armenia, as applicable).

Demonstrated experience with key subcontractors, team members, and JV partners in successfully completing Design Build projects for the United States Government.

FACTOR 1: PAST PERFORMANCE (CONT)

The following information shall be provided for each project:

• Project title, location, and contract number/unique identifier.

• Current percentage of construction complete and the date it was or will be complete. For projects that are not 95% complete, provide description of work remaining to be completed.

• Scope of the project, to include purpose/use of facility.

• Size of the project, differentiate square footage of new construction versus renovation if project includes both.

• Type and percentage of work that was self-performed.

• Whether the project involved new construction, renovation, or both. Clearly delineate square footage for construction and renovation.

• Whether the project was completed for the United States Government.

For each project under Factor I, Offerors shall include a completed Contractor’s Performance Assessment Reporting System record or a completed Past Performance Evaluation Questionnaire (PPQ) Form.

An interim completed CPARS rating will be considered if a final record is not available. If a completed CPARS record is not available at all, Offerors shall complete and provide a Past Performance Questionnaire (PPQ) Form, provided as an RFP attachment.

Key focus areas of the PPQ Form:

• Quality

• Schedule/Timeliness of Performance

• Customer Satisfaction

• Management/Personnel/Labor

• Cost/Financial Management

• Safety/Security

The SSEB will 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 SSEB will assign a final, overall Performance Confidence rating, using the ratings in the Performance Confidence Assessment Table, based on the SSEB’s assessment of:

(1) the degree of the Offeror’s recent, relevant experience, and

(2) how well the Offeror performed that experience.

The SSEB will determine how relevant each past project is when compared to the scope, size, and magnitude of effort and complexities of the solicited MATOCs scope of work.

A relevancy assessment will be made on each submitted project using the Past Performance Relevancy Ratings Table above [NEXT

SLIDE].

Please note the Government reserves the right to review all recent past performance records available to make a confidence determination to include other projects not submitted by the Offeror. The Government also reserves the right to review past performance of any Subcontractors or JV partners the Offeror may have submitted.

FACTOR 1: PAST PERFORMANCE (RELEVANCY)

Past Performance Relevancy:

Rating Definition

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.

Performance Confidence Assessments:

Rating Definition

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.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.304(a)(2)(iv)). If an Offeror has no relevant past performance history, the Offeror must affirmatively state that it possesses no relevant directly related or similar past performance.

FACTOR 1: RATING

Provide an organizational chart and 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).

The chart and narrative shall include the following:

• all offices involved in this contract

• all positions by title, organization, and physical location, including subcontractors and consultants

• lines of reporting and technical areas of responsibility under the contract

• show the lines of authority of the Offeror’s Project Manager, Quality

Control and Safety Organization, including all JV Partners and subcontractors, when applicable

FACTOR 2: MANAGEMENT APPROACH

Clearly and concisely describe the offeror’s DBB/DB team, and how members of the team, including sub-contractors (if applicable), will work collaboratively to ensure timely, quality completion of future task orders.

The Management Approach shall include the following:

• the Offeror’s plan and capability to manage multiple task orders concurrently.

• the Offeror’s knowledge of requirements and constraints applicable to construction projects in Georgia and/or Armenia, (as applicable), to include permits and authorizations for construction work within the Host Nation and the ability to communicate in English.

• the Offeror’s criteria for the selection of a Designer of Record (DOR) to include licensing and registration requirements in the host nation for the DOR) for future task order awards for the solicited MATOCs.

• the Offeror’s plan to obtain, retain, coordinate, and manage subcontractors in Georgia and/or Armenia, as applicable (as applicable).

• Roles and Responsibilities: Describe the roles and responsibilities of the Offeror’s DBB/DB team and how their resources will be utilized to deliver future Design-Build task order awards.

Describe the proposed management structure for the DBB/DB team (i.e., key members), explaining how the design and construction process will be managed throughout the entirety of future task order life cycles (e.g., Design, Construction, Close-out).

• Communication Plan: Describe interactions and communications both within the DBB/DB team and with the Corps of Engineers throughout the entirety of the base MATOC life cycle, as well as that of any future task order awards.

• Quality Control: Describe the DBB/DB team’s quality control approach, corporate systems, and capabilities to maintain quality control of the design and construction.

NOTE: There is a page limit of twenty-five (25), 8.5” x 11” pages.

The Government will evaluate the strengths, weaknesses, and any deficiencies in the proposal relating to the…

• Offeror’s understanding of the USACE Design/Build process and how well it has demonstrated its ability to successfully execute DBB/DB projects.

• Offeror’s understanding of the design process and the roles of the designers of record, construction firm, and the Government reviewers.

• Offeror’s capabilities and understanding of the contractually required quality control processes for both design and construction…

• Offeror’s understanding and capabilities to perform DB/DBB construction projects in Georgia and/or Armenia, to include coordination with Host Nation authorities.

• Offeror’s understanding of the certification and registration requirements for companies in Georgia and/or Armenia, and the ability to meet the requirements, along with the demonstrated ability to communicate in English.

Provide a comprehensive plan for the start-up and management of two simultaneous SAMPLE task orders.

• Georgia MATOC, the first SAMPLE task order would be for the design build construction to provide renovations to a school in Tbilisi, Georgia with a total value of $850,000.00. The second SAMPLE task order would be for the design build construction of a new building in Kutaisi, Georgia with a total value of $5,000,000.00.

• Armenia MATOC, the first SAMPLE task order would be for the design build construction of a school in Vandzor, Armenia with a total value of $600,000.00. The second SAMPLE task order would be for the design build construction of a fire station in Stepanavan, Armenia with a total value of $1,000,000.00.

Discussion points: Requesting base access (if applicable), Mobilization to the site, potential risk areas in managing these projects along with the measures the Offeror will include to mitigate risk, Plan for delivering and sourcing of the primary construction materials required for the two (2) project task orders, Clearly identify any constraints presented, such as labor or material availability, permitting, Host Nation coordination, weather, etc.

NOTE: There is a page limit of five (5), 8.5” x 11” pages, using a minimum font size of 10 and a minimum margin of one-half inch on all sides, for the Technical Approach factor. If the page limit is exceeded, only the first five (5) pages will be read and evaluated.

FACTOR 3: TECHNICAL APPROACH

The SSEB will evaluate the plan for completeness, logic, reasonableness, and risk based on the information provided in response to the submission requirements under this factor. In addition, the Government may use independent judgement concerning logic and constraints.

FACTOR 3: TECHNICAL APPROACH (CONT)

FACTORS 2 & 3: RATING

NON-PRICE FACTOR COMBINED TECHNICAL/RISK RATINGS

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

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

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

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

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

Proposal is unawardable.

Tab A - Standard Form 1442 The Offeror shall complete and submit Standard Form 1442.

Provide Executive Summary. Include a one (1) page Cover Letter and any applicable fully executed JV agreements and fully executed teaming agreements.

The Cover Letter shall be in accordance with FAR 52.215-1(c)(2), including:

1. The Solicitation number.

2. The Offeror’s name, address, and phone/email contact information.

3. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the Solicitation and agreement to furnish any or all items upon which prices are offered.

4. Names, titles, and telephone / email contact information of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this Solicitation.

5. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority.

PROPOSAL FORMAT – VOLUME II

Tab B – Joint Venture (JV) Agreements If the Offeror listed in Block 14 is a Joint Venture (JV), then a signed JV agreement must be submitted with the proposal and the Offeror shall be registered in the System for Award Management (SAM) as a legal entity separate from the individual joint venture members. However, each member of the JV must submit its

Tab C – Commitment Letters (if applicable) The Offeror shall thoroughly complete and submit Commitment Letters for entire team (see attached Commitment Letter sample).

Tab D – Evidence of Ability to Obtain Financial Protections and Proof of Financial Ability

Financial Capability. Submit Proof of Financial Ability (Most recent financial statement covering assets and liabilities). Include the name, address, and telephone number of offeror's banking institution. If the offeror is a joint venture, submit this information for all joint venture members.

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, number and POC, etc.

This information will be used for the purpose of performing a compliance review. See FAR Part 28 for information related to bonds. If the Offeror is a Joint Venture, submit this information for all Joint Venture members.

QUESTIONS?

U.S. PROCUREMENT LAW &

OVERSEAS CONTRACTING

MR. H. JAY ALDRIDGE

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

• Bonding Requirements

• Taxes and VAT

• Questions

OVERVIEW

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

Federal Acquisition Regulation (FAR) http://acquisition.gov

Defense FAR Supplement (DFARS) http://acquisition.gov

Army FAR Supplement (AFARS) http://acquisition.gov

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 Specification Binder – RFP Attachment 1 The contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to the performance of this contract by any subcontractor against the United States Government. The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the Disputes clause of this contract and in the United States Federal Statutes.

IMMUNITY FROM LEGAL PROCESS

• The U.S. Government is very concerned that laborers on our projects receive working conditions and wages in accordance with Host Nation laws and regulations

• “Compliance With Local Labor Laws,” provides that contractors must comply with all host nation labor laws and regulations including laws and regulations relating to hours of work and compensation.

• Be aware that this applies to subcontractors as well as the prime contractor – the prime contractor is responsible for ensuring that all workers on the project are properly paid, regardless of whether the workers are employed directly by the prime contractor, principal subcontractor or subcontractors at any tier.

• The Government will always hold the prime responsible.

COMPLIANCE WITH LOCAL LABOR LAWS

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

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

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

PRIME CONTRACTOR PROJECT MANAGEMENT

The Solicitation Specifications Binder 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.

69JOINT VENTURES, TEAMING AGREEMENTS, KEY

SUBCONTRACTORS, AFFILIATES

• What if the Prime is a host nation company with a lot of experience, but no or very little experience with the U.S. Government or the U.S. Department of Defense?

• What if the Prime has a lot of U.S. Department of Defense experience, but no or little experience working in the Host Nation?

– To be more competitive in terms of experience, applicants often form 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 (each other’s contributions) and the Government can deal directly with the JV.

JOINT VENTURES

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

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

– Shall identify the chief executive of each entity identified

– Shall be translated into English

– Shall include a detailed statement outlining, in terms of percentages, which JV member is responsible for what aspects of the project, the relationship of the JV in terms of ownership/capital contribution, profit/loss sharing; and which party has overall control, etc.

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

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

- If forming a JV is not an option, contractors may receive credit for the experience, past performance and capabilities of a teaming partner (i.e., a subcontractor, formal teaming partner or an affiliate) but only if the proposal includes a Commitment Letter with the substantive terms of the Solicitation attachment. Do not add or delete any terms to that attachment. The Government must be able to assess the past experience of the teaming partner, so at least one of the 5 projects you submit for past performance and experience should include a relevant and recent past project for that team member.

-The Commitment Letter or proposal must explain the major or critical aspects of the work to be performed by each team member (to include identification of team members, and a full description of roles and responsibilities of team members). The “credit” given will depend on the nature and extent of the proposed participation of the teaming partner.

TEAMING ARRANGEMENTS & LETTERS OF

COMMITMENT

RFP ATTACHMENT 5 - COMMITMENT LETTERS

LETTER OF COMMITMENT SAMPLE

See Solicitation SECTION 00 22 16 Evaluation Factors for Award

If an Offeror wishes to be credited with the past performance of a subcontractor, team member, or affiliate (defined in FAR 2.101), the appropriate Letter of Commitment below must be completed with all information required, signed by authorized representatives of all parties and submitted with the proposal. Offerors should select the appropriate Commitment Letter sample from the following alternatives as applicable:

- Alternative 1 Subcontractor Commitment

- Alternative 2 Team Member Commitment

- Alternative 3 Affiliate Commitment

ALTERNATIVE 1 – KEY SUBCONTRACTORS

(PRIME CONTRACTOR LETTERHEAD)

US Army Corps of Engineers (Insert Date) Europe District Konrad Adenauer Ring 39, Box 7 ATTN: Contracting Officer 65187 Wiesbaden, Germany

Subject: Letter of Commitment for Solicitation No. XXXXXXXXXXX, Project Name

In the event that Prime Contractor X is awarded a contract under the subject solicitation, Prime Contractor X commits to using Subcontractor Y as a subcontractor for the services described in this Letter of Commitment and Subcontractor Y agrees to perform as a subcontractor to Prime Contractor X for those services.

ALTERNATIVE 1 – KEY SUBCONTRACTORS, CONT. 1

Prime Contractor X will perform as the prime contractor while Subcontractor Y will perform the following services as a subcontractor under the resultant contract:

(Describe the work to be performed by the subcontractor, e.g., electrical, mechanical, civil, etc.)

Prime Contractor X may be credited with the experience, expertise and/or past performance of Subcontractor Y as they relate to the services described in this Letter of Commitment.

In the event that Prime Contractor X is awarded the resultant contract, another firm cannot be substituted for Subcontractor Y without prior written approval of the contracting officer. Approval or disapproval of a substitute subcontractor is a matter within the sole discretion of the Contracting Officer, considering such factors as whether the contracting officer considers the proposed substitute to be equally qualified and the substitution to be in the best interests of project execution.

In approving a substitution, the contracting officer may impose such conditions on the substitution as the contracting officer deems appropriate in the exercise of his/her sole discretion.

In the event Prime Contractor X is not awarded a contract under the subject solicitation, this Letter of Commitment is null and void.

Signatures: ______________________ __________________ John D. Prime Hans Richard Authorized Representative Authorized Representative Prime Contractor X Subcontractor Y Title Title

ALTERNATIVE 1 – KEY SUBCONTRACTORS, CONT. 2

(PRIME CONTRACTOR LETTERHEAD)

US Army Corps of Engineers (Insert Date) Europe District Konrad Adenauer Ring 39, Box 7 ATTN: Contracting Officer 65187 Wiesbaden, Germany

Subject: Letter of Commitment for Solicitation No. XXXXXXXXXX, In the event that Prime Contractor X is awarded a contract under the subject solicitation (Contract), Prime Contractor X commits to using Team Member Y for the services or other contributions described in this Letter of Commitment and Team Member Y commits to perform such services or to make such contributions in furtherance of Prime Contractor X's performance of the Contract.

Prime Contractor X will perform as the prime contractor while the Team Member Y will

ALTERNATIVE 2 - COMMITMENT WITH TEAM MEMBER

ALTERNATIVE 2 - COMMITMENT WITH TEAM MEMBER, CONT. 1

perform the following services or make the following contributions in furtherance of Prime Contractor X's performance of the Contract:

(Describe the type[s] of contributions and services to be performed by Team Member Y, e.g., electrical, mechanical, civil, design, services; or the specific equipment or types and quantities of Team Member Y personnel who will be committed to work on this Contract.)

Prime Contractor X may be credited with the experience, expertise and/or past performance of Team Member Y to the extent they relate to the services or contributions described in this Letter of Commitment.

In the event that Prime Contractor X is awarded the Contract, another firm cannot be substituted for Team Member Y without prior written approval of the contracting officer. Approval or disapproval of a substitute firm is a matter within the sole discretion of the Contracting Officer, considering such factors as whether the contracting officer considers the proposed substitute to be equally qualified and the substitution to be in the best interests of project execution.

ALTERNATIVE 2 - COMMITMENT WITH TEAM MEMBER, CONT. 2

In approving a substitution, the contracting officer may impose such conditions on the substitution as the contracting officer deems appropriate in the exercise of his/her sole discretion.

In the event Prime Contractor X is not awarded the Contract, this Letter of Commitment is null and void.

John D. Prime Hans Richard Authorized Representative Authorized Representative Prime Contractor X Team Member Y

ALTERNATIVE 3 – AFFILIATES

(PRIME CONTRACTOR LETTERHEAD)

US Army Corps of Engineers (Insert Date) Europe District Konrad Adenauer Ring 39, Box 7 ATTN: Contracting Officer 65187 Wiesbaden, Germany

Subject: Letter of Commitment for Solicitation No. XXXXXXXXXX, In the event that Prime Contractor X is awarded a contract under the subject solicitation (Contract), Prime Contractor X commits to using Affiliate Y for the services or other contributions described in this Letter of Commitment and Affiliate Y commits to perform such services or to make such contributions in furtherance of Prime Contractor X's performance of the Contract.

• During Source Selection, prime contractors can receive credit for the experience of an “Affiliate.” The term “Affiliate” is defined in the U.S. regulations, but typically it refers to a parent corporation or a “sister” company (both subsidiaries of the same parent corporation.)

• If the prime wants to rely on the experience of an Affiliate, a Letter of Commitment is required demonstrating a firm commitment that the Affiliate will participate meaningfully in terms of roles and responsibilities in the performance of the contract. This commitment letter must be signed by authorized representatives of both the prime and its Affiliate.

AFFILIATES

ALTERNATIVE 3 - AFFILIATES, CONT. 1

Prime Contractor X will perform as the prime contractor while the Affiliate Y will perform the following services or make the following contributions in furtherance of Prime Contractor X's performance of the Contract:

(Describe the type[s] of contributions and services to be performed by the Affiliate Y, e.g., electrical, mechanical, civil, design, services; or the specific equipment or types and quantities of affiliate personnel who will be committed to work on this Contract. There must be sufficient detail provided here about Affiliate Y's contributions to the Contract effort to enable the Government to assess if the Affiliate Y's participation will be meaningful enough to warrant crediting Prime Contractor X with the experience, expertise and/or past performance of Affiliate Y).

Prime Contractor X may be credited with the experience, expertise and/or past performance of Affiliate Y to the extent they relate to the services or contributions described in this Letter of Commitment.

In the event that Prime Contractor X is awarded the Contract, another firm cannot be substituted for Affiliate Y without prior written approval of the contracting officer. Approval or disapproval of a

ALTERNATIVE 3 - AFFILIATES, CONT. 2

substitute firm is a matter within the sole discretion of the Contracting Officer, considering such factors as whether the contracting officer considers the proposed substitute to be equally qualified and the substitution to be in the best interests of project execution.

In approving a substitution, the contracting officer may impose such conditions on the substitution as the contracting officer deems appropriate in the exercise of his/her sole discretion.

In the event Prime Contractor X is not awarded the Contract, this Letter of Commitment is null and void.

John D. Prime Hans Richard Authorized Representative Authorized Representative Prime Contractor X Affiliate Y

84TEAMING AGREEMENTS, KEY SUBCONTRACTORS

& AFFILIATES

• The ability to get “credit” for such teaming arrangements has its limits, however. Past performance is still a factor and reliance on Teaming Arrangements for past performance and experience does not relieve the Offeror of its obligation to demonstrate its own past performance and experience on the portions of the contract it will perform or manage.

• Also, whether the teams have worked together before successfully will be considered (this is true for new JV’s as well). If there is no prior experience together, be sure to address in the Management factor why that will not present any risk to successful performance.

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

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

WHAT IF A SUBSTITUTION IS NEEDED?

• The DBA covers persons employed at US defense bases overseas.

The DBA is designed to provide medical treatment and compensation to employees of defense contractors injured in the scope and course of their work for the U.S. Government.

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

contracts in Georgia and Armenia by all contractors and subcontractors. No other insurance can serve as a substitute. As mentioned before, US regulations require contractors overseas to comply with all Host Nation labor requirements. Obtaining this insurance may not excuse you from also abiding by the Host Nation Workmen’s compensation requirements. You should contact the Host Nation authority to inquire about this.

DEFENSE BASE ACT (DBA) INSURANCE

• DBA Insurance will be required at the Task Order level.

• After each Task order award, proof of DBA insurance certificates shall be submitted to the Contracting Officer within the time noted in the Task Order RFP (typically a short period of time so that work can proceed).

DBA INSURANCE, CONT. 1

• 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) for more DBA Insurance information and how to obtain DBA Insurance

DBA INSURANCE, CONT. 2

• 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 award a Bank Letter of Guarantee (BLG) may be submitted.

• Other surety alternatives are also available as set forth in the RFP Note: If a Joint Venture (JV), the Bank Letter of Assurance must cover the JV, not just one member of the JV.

BONDING REQUIREMENTS

TAX EXEMPTIONS

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

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

o Refer to RFP, Attachment 10 Georgia VAT Instructions o Refer to RFP, Attachment 11 Armenia Sample VAT letter

VALUE ADDED TAX (VAT)

QUESTIONS?

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

Upcoming Courses:

21-22 January 2022 21-22 April 2022 20-21 July 2022 20-21 October 2022

Registration:

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

For other questions regarding registration or course information please email CENAU-EC- CQM@usace.army.mil.

CONSTRUCTION QUALITY MANAGEMENT COURSE (CONT.)

Registration Fee is $250.00…