FY22 GREECE MATOC PPC Slides (final as of 12JAN22).pdf

PRE-PROPOSAL CONFERENCE

FY22 GREECE MATOC

W912GB22R0006

Presented by:

U.S. Army Corps of Engineers Europe District 12 January 2022

Volos, Greece

1. Mute/silence phone

2. Avoid sidebar discussion

3. No technical discussion will be held in this forum

GROUND RULES AND PROCEDURES

USACE TEAM INTRODUCTIONS

Jennifer Aldridge Program Manager, Base Contracts

Leslie Reed Office of Counsel

David Decker Contracting Officer

Sean Higgins Contract Specialist

AGENDA

Welcome / Introductory Remarks About the U.S. Army Corps of Engineers (USACE) and Europe District Program in Greece Doing Business with the USACE: Part 1 Systems and Registrations

Doing Business with the USACE: Part 2 Source Selection

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

Information Provided During the Pre-proposal Conference

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

DISCLAIMER

U.S. Army Corps of Engineers

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

USACE is globally engaged and regionally aligned

NAU Commander: Colonel Patrick Dagon, P.E.

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

Europe District AOR (1 of 2) – MILCON Workload

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

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

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

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

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

AFRICOM

Non-MILCON

Workload BEN Benin BFA Burkina Fasso CMR Cameroon TCD Chad DJI Djibuti

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

Central Area Office – Sembach, Germany Ramstein AFB RO

Spangdahlem AFB PO Kaiserslautern RO

Germersheim PO* Baumholder RO

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

Hessen Area Office –Wiesbaden, Germany Wiesbaden RO

CIC PO

Grafenwoehr RO

Ansbach PO Hohenfels PO Garmish PO

Stuttgart RO

District HQ – Wiesbaden Special Projects RO

(AFRICOM/EUCOM)

Expeditionary Area Office*

ROBMC (Hospital) Area Office*

Poland MD Area Office (Redzikowo, Poland)

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

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

RO: Resident Office PO: Project Office *Planned Office

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

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

PO – Oslo, Norway*

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

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

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

Hungary RO – Budapest*

EUROPE DISTRICT OFFICES

PROGRAM IN

GREECE

Camp Perissaki, Stefanovikeio, Greece

UPCOMING OPPORTUNITY

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

• Area: Greece

• Capacity (shared): $49M

• Ordering Period: 5 years

• Task Order Range: $50K to $15M

• Design-Build and Design-Bid-Build

Projects

• Typical Projects: new construction of facilities, airfield improvements and upgrades, building renovations, fuel points, infrastructure upgrades, utilities repair, new maintenance bay/motor pool, etc.

Potential Future Projects:

• Infrastructure Upgrades, Camp Perissaki, Stefanovikeio

• Fuel Storage, Camp Perissaki, Stefanovikeio

• Future year projects at additional locations in planning.

PROJECT DELIVERY METHODS

Design-Bid-Build

Design-Build

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

REQUEST NCAGE:

https://eportal.nspa.nato.int/AC135Public/CageTool

NATO Support Agency (NSPA):

https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

NCAGE PORTAL

• 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

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

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 task orders on this contract is between $50,000 and $15,000,000 (Clause 52.216-19). The total dollar value of this contract is $49,000,000.

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

• 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

FY22 GREECE MATOC

W912GB22R0006

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

Bidder Inquiry Key:

PUCF64-34U6A4

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

Select USACE

Enter Email

• Task Orders

– Minimum Task Order $50,000.00

– Maximum Task Order is limited to $15,000,000. However, smaller and larger dollar value projects may be considered at the discretion of the Contracting Officer

• Total maximum ordering value $49,000,000 over five

(5) Years

– Base Ordering Period: Five (5) Years

W912GB22R0006 FY22 DB/DBB GREECE MATOC

• Electronic Proposals. In an effort to reduce paperwork and costs, all responses to this announcement shall be submitted electronically. Hand carried delivery or USPS/UPS/Fedex delivery of hard copies and/or CD-ROMs are not authorized and will not be accepted.

• 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.

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

(1) “Firmname W912GB22R0006 RESPONSE Volume I.pdf”

(2) “Firmname W912GB22R0006 RESPONSE Volume I Part 1.pdf”

(3) “Firmname W912GB22R0006 RESPONSE Volume I Part 2.pdf”

(4) “Firmname W912GB22R0006 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 (A4 is acceptable)-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 Government’s server.

Do not assume that electronic submission will occur instantaneously. Offerors should time their email submission with prudence by not waiting until the last day—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: Factor I – Past Performance. Offerors shall submit a maximum of five (5) projects meeting the recency and relevancy definitions.

Volume I: Factor II - Management Approach.

- Provide an Organization Chart depicting the overall structure and management of the project team from the Offeror’s Headquarters office to the Offeror’s project site office(s).

- Provide a narrative that describes the Offeror’s management approach and intended corporate technical approach for executing the contract per the detailed requirements herein.

- Only the first 15 pages will be read and evaluated.

PROPOSAL FORMAT – PHASE I

Reference Section 00 22 00 Supplementary Instructions

Volume II: Tab A – Standard Form 1442 and Cover Letter

Volume II: Tab B – Joint Venture Agreements and/or Commitment Letters (if applicable) Volume II: Tab C – Evidence of Ability to Obtain Financial Protections and Proof of Financial Ability (Bank Letter of Assurance (BLA) or Bid Bond)

- Offers 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.

Note: Phase I does NOT involve pricing submission.

PROPOSAL FORMAT – PHASE I

Volume I: Factor III – Technical Approach

- Offeror shall provide a comprehensive plan for the start-up and management of two (2) simultaneous task orders.

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

Volume II: Administrative Information and Price Schedule

- Tab A: Standard Form 1442

- Tab B: Price Schedule

PROPOSAL FORMAT – PHASE II

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

Price Factor Factor 4 – Price

Relative Importance of the Evaluation Factors.

Phase I: Past Performance will be more important than Management Approach.

Phase II: All non-price factors 1-3, when combined, are considered approximately equal to price.

SOURCE SELECTION APPROACH

Ref: Section 00 22 00 - Supplementary Instructions

Offerors may submit a maximum of five (5) projects meeting the following definition for recent and relevant projects. For Factor 1 evaluation purposes, the definition of a recent and relevant contract must meet the following conditions:

Recency: Projects submitted should be completed or substantially completed within five years of the solicitation issue date and musts be similar in size and scope to the work solicited under this contract. Projects submitted more than five years before the solicitation issue date may be considered less relevant. Projects are considered substantially complete at 75% completion.

Relevancy. Refer to the Past Performance Relevancy Ratings in Table 1 under Section 4.5 Ratings of Procedures for Submittal and Evaluation of Offers for Phase I.

RECENT AND RELEVANT CONTRACTS

Ref: Section 00 22 00 – Supplementary Instructions

The SST will evaluate Offerors under this factor to determine the Offeror’s experience that demonstrates the ability to accomplish the work specified under this Solicitation.

Projects completed more than five (5) years before the proposal due date and/or not meeting all of these criteria may be considered for evaluation purposes but may lessen the Offeror’s overall rating:

i. The project was completed no earlier than five (5) calendar years from the issue date of the solicitation or is at least 75% complete from issue date of solicitation. Two must have been performed by the Offeror as the prime contractor.

ii. The project is for design-build or design-bid-build construction work for construction of new facilities, real property repair, renovation and maintenance.

iii. The project had a minimum cost of $500,000.00. At least two projects with design-build experience. Contractor must demonstrate it has self-performed at least 15% of the cost of each project, not including the cost of materials, using its own employees.

FACTOR 1: PAST PERFORMANCE

For the purposes of evaluation under this factor, more consideration may be given to an Offeror that demonstrates experience in the following:

i. Demonstrated experience in successfully completing projects in Greece (such projects may be given the most consideration).

ii. Demonstrated experience in successfully completing projects for the United States Government Department of Defense, Department of State, or the Hellenic Republic (country of Greece).

iii. Demonstrated experience working with proposed Key Subcontractors, team members and/or the proposed JV Partners.

NOTE: Offerors whose proposals have more projects meeting or exceeding all criteria requirements for this Factor may receive more consideration than an Offeror who submits fewer projects meeting or exceeding all criteria. Offerors also are cautioned that the SST may assess weaknesses against experience examples that do not demonstrate one or more of the criteria listed above, that are not verifiable, and/or where the performance of the Offeror or subcontractor, team member or affiliate on which they rely was minor in comparison to the whole project.

FACTOR 1: PAST PERFORMANCE (CONT)

The SST will then evaluate Offerors under this factor to determine how likely it is that Offerors will be successful when performing task orders under the awarded contract. The Offeror's past performance will be evaluated based on performance on projects submitted under Factor 1.

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. Key focus areas will include the following (see PPQ Form):

• Quality

• Schedule/Timeliness of Performance

• Customer Satisfaction

• Management/Personnel/Labor

• Cost/Financial Management

• Safety/Security

FACTOR 1: PAST PERFORMANCE (CONFIDENCE)

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.

During the best value tradeoff process, Offerors whose proposals receive a satisfactory confidence or substantial confidence rating for this factor may be considered more favorably than an Offeror with a neutral confidence rating.

For the Past Performance evaluation, the evaluation will include a relevancy rating and confidence assessment, as detailed below.

• Past Performance Relevancy Rating. The first aspect of the past performance evaluation is to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection.

• Performance Confidence Assessment. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. In conducting the confidence assessment, each Offeror shall be assigned one of the ratings.

FACTOR 1: PAST PERFORMANCE (CONFIDENCE - CONT)

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

The Offeror’s Management Approach will be evaluated for completeness, reasonableness, risk, and logic. The Government will evaluate whether and to what extent the Management Approach:

i. Provide an Organization Chart depicting the overall structure and management of the project team from the Offeror’s Headquarters office to the Offeror’s project site office(s).

ii. Provide a narrative that describes the Offeror’s Management Approach and intended corporate technical approach for executing the contract per the detailed requirements herein. Clearly and concisely describe the Offeror’s team, and how members of the team, including sub-contractors (if applicable), will work collaboratively to ensure timely, quality completion of future task orders.

iii. Discusses the following aspects:

a. Roles & Responsibilities of the Offeror’s team and how their resources will be utilized to deliver future task order awards.

b. Communication Plan that describe interactions and communications both within the 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.

c. Quality Control approach, corporate systems, and capabilities to maintain quality control of the design and construction.

d. Provide specific information on how you will manage and track changes/revisions both during the design phase and construction phase of a given task order.

iv. Demonstrates knowledge of engineering, design and local permitting requirements in Greece, and the ability to independently coordinate with the host nation.

v. The Offeror’s plan to obtain, retain, coordinate, and manage subcontractors in Greece and its plan to obtain host nation materials and supplies. More consideration may be given to Offerors who demonstrate their ability to use local host nation subcontractors (if subcontractors will be used), materials and supplies.

FACTOR 2: MANAGEMENT APPROACH

The Offeror shall provide a comprehensive plan for the start-up and management of two (2) simultaneous sample projects.

(1) The first sample project would be for construction of a Maintenance Bay at Camp Perassaki, in Stefanovikeio, Greece with a total value less than €1,000,000.00.

(2) The second sample project would be for communications infrastructure upgrade at Camp Perassaki, in Stefanovikeio, Greece with a total value less than €800,000.00.

The plan should include the following discussion points:

o Requesting and gaining base access through the Hellenic Army General Staff or local installation.

o Mobilization to the site.

o Applying for and receiving local permits for construction and underground utilities work.

o Describe the three (3) major potential risk areas in managing these projects along with the measures the Offeror will include to mitigate risk such as labor or material availability, permitting, host nation coordination, weather, etc.

o Plan for delivering and sourcing of the primary construction materials required for the two (2) sample projects.

The Technical Approach Narrative shall not exceed 10 pages.

PHASE II VOLUME I: FACTOR 3: TECHNICAL APPROACH

NARRATIVE

FACTOR 3: RATING

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.

VOLUME II, ADMINISTRATIVE MATTERS / PRICE

1. Tab A – Standard Form 1442. 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.

2. Tab B – Price. Offerors shall submit the Proposal Price Breakout Schedule (Attachment provided in Excel format). Pricing shall be completed for all required field entries and all tabs (Base Year 1 through 5). Labor rates to be proposed are unburdened (shall not include Overhead, Fringe, General and Administrative, Profit or any other indirect charge applied to the unburdened rate).

An Offeror that fails to submit a complete Pricing Schedule may not receive further consideration.

PROPOSAL FORMAT – VOLUME II

QUESTIONS?

U.S. PROCUREMENT LAW &

OVERSEAS CONTRACTING

MS. LESLIE REED

OFFICE OF COUNSEL

• US Procurement Regulations and Important Clauses

• Prime Contractor Project Management

• US Contracting Officers

• Joint Ventures, Teaming Agreements, Key Subcontractors, Affiliates

• Defense Base Act Insurance

• Taxes and VAT

• Bonding Requirements

• Questions

OVERVIEW

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

Federal Acquisition Regulation (FAR) 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.

63JOINT 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

78TEAMING 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 Greece 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 Greek Workmen’s compensation requirements.

You should contact the Greek 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

United States contractors when working solely for the purpose of supporting the U.S. Government in Greece shall not be subject to any form of income or profits tax by the Greek Government.

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.

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 paid to University of North Florida during registration.

Course is taught between 0900 – 1700 Central European Time (CET) both days.

The course is taught in English and requires that proficiency.

Course registration is on a first-come, first-served basis.

Upon completion of the course, the certificate is good for 5 years.

SITE SAFETY AND HEALTH

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

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

USACE Specifications:

• 01 35 26 Safety and Occupational Health Requirements

• 01 45 00 USACE Quality Control

• 01 45 05 Contractor Site Personnel Requirements – CQC

Personnel

PROJECT SCHEDULE (SECTION 01 32 01 )

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

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

PAYMENTS

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

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

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

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

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

RESIDENT MANAGEMENT SYSTEM (RMS) (SECTION 01 45 01)

Comprehensive contract administration software used for ALL construction contracts.

For example; Submittals, schedules, pay estimates, contract modifications

CPM SCHEDULE, PROGRESS PAYMENTS AND RMS

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

Support and tutorials:

RMS Support Center YouTube Channel:

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

RMS 3 Contractor Mode User Manual:

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

Download RMS 3.0 Contractor Launcher:

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

Installing RMS 3.0 Contractor Mode…