B.07.01 FY23 AFH Preproposal Conference Slides - Final.pdf

PRE-PROPOSAL CONFERENCE:

FY23 ARMY FAMILY HOUSING

REPLACEMENT CONSTRUCTION

Presented by:

U.S. Army Corps of Engineers Europe District 24 February 2023

Baumholder, Germany

Agenda Registration – 30 minutes 0900 – 0930 Welcome/ Introductory Remarks 0930 – 0940 About the U.S. Army Corps of Engineers (USACE) and Europe District 0940 – 1000 Procurement Overview 1000 – 1045

Break – 15 minutes 1045 – 1100 U.S. Procurement Law & Overseas Contracting 1100 – 1130 FY23 AFH Replacement Construction Project Presentation 1130 – 1200

USACE/U.S. Government Specific Requirements 1200 - 1210 Pre-Proposal Site Visit Discussion 1210 – 1215 Q&A Session / Closing Remarks 1215 – 1230

1. Mute/silence phone

2. There will be time for questions after each topic

3. No recordings (video or audio) allowed

4. Avoid sidebar discussion. If you need us to slow down or to repeat anything, please let us know.

GROUND RULES AND PROCEDURES

Information Provided During Industry Day

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 TEAM INTRODUCTIONS

Emily Rivera Project Manager

Regina Schowalter Office of Counsel

Lorraine Laurente Contract Specialist

Shawna West Contracting Officer

Alberto Castillo Garcia

AECOM - AE

Markus Kessler Project Engineer/COR

Tyler Peck Resident Engineer/ACO

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 ISR Israel 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 (Be’er Sheva)

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

PROCUREMENT MATTERS

SHAWNA WEST

CONTRACTING OFFICER

LORRAINE LAURENTE

CONTRACT SPECIALIST

• Procurement Timeline

• Registration and ID Numbers

• System for Award Management

• Pre-Proposal Inquiries & ProjNet

• General Submission Information

• Submission Requirements

• Source Selection Approach

• Debriefings

OVERVIEW

• Contractors may ask questions during this Pre-Proposal Conference and Site Visit; however, those questions should also be submitted in writing in ProjNet Bidder Inquiry.

• These slides and sign-in sheets will be posted to sam.gov.

QUESTIONS DURING CONFERENCE AND SITE

VISIT

• RFP Issued – 7 February 2023

PROCUREMENT TIMELINE

• Pre-Proposal Conference – 24 February 2023

• Pre-Proposal Site Visit – 24 February 2023

• Pre-Proposal Inquiries Due – 2 March 2023

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

• Proposal Due Date – 16 March 2023

• Subject to change via amendment

• Anticipated Award – July 2023

REGISTRATIONS & IDENTIFICATION NUMBERS

System Description Website General Timeline

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 UEI Number? The Unique Entity ID is a 12-character alphanumeric identifier used in SAM.gov and other federal government systems as a way to identify a unique entity.

• It has taken the place of DUNS.

• If you want to apply for federal awards as a prime awardee, you need a registration.

How does my firm obtain a UEI number? Go to http://www.sam.gov to obtain a UEI number at no cost.

UNIQUE ENTITY ID

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 Contract Clause: FAR 52.204-13 SAM Maintenance

• 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

• U.S. Federal Government mandates contractor registration in the System for Award Management (SAM) prior to the award of a Federal contract.

• How does your company register in SAM? Go to: https://www.sam.gov/

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

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

SYSTEM FOR AWARD MANAGEMENT

Ref: RFP Section 00 21 16 - Instructions

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

Bidder Inquiry Key:

JHSED6-4W3224

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

PRE-PROPOSAL INQUIRIES VIA PROJNET

Ref: RFP Section 00 21 16 - Instructions

Select USACE

Enter Email

• The Government contemplates that the solicitation will result in a single Firm- Fixed-Price construction contract award using a best value tradeoff source selection process. This process permits tradeoffs among cost or price and non-cost factors.

• Offeror’s shall monitor the System for Award Management (sam.gov) for any amendments issued to the solicitation.

GENERAL SOLICITATION INFORMATION

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

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

(1) “Firmname W912GB23R0021 PROPOSAL Volume I.pdf”

(2) “Firmname W912GB23R0021 PROPOSAL Volume I Schedule.XER”

(3) “Firmname W912GB23R0021 PROPOSAL Volume II.pdf”

GENERAL SUBMISSION INFORMATION

Reference Section 00 21 16 Instructions

File Organization, Formatting, and other instructions.

Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 point or larger and font text shall be legible. Pages shall be letter or A4 sized- -larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages.

Offerors shall prepare proposals in the English language.

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

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

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

GENERAL SUBMISSION INFORMATION (CONT)

• Submission & Deadline.

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

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

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

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

GENERAL SUBMISSION INFORMATION (CONT)

RFP, VOLUME I, NON-PRICE

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

Projects considered similar in size will have a minimum cost of $25,000,000.

Projects considered similar in scope will be vertical construction projects, such as housing facilities construction and vertical multi-story construction.

SUBMISSION REQUIREMENTS

Reference Section 00 22 16 Evaluation

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

i. New construction of U.S. Military Housing facilities.

ii. Projects that demonstrate vertical construction in Germany.

iii. Projects for USACE, the U.S. military, the U.S. Department of Defense (DoD) or any other U.S. Government agency following procedures similar to DoD.

iv. Projects demonstrating working successfully with proposed Key Subcontractors, team members and/or the proposed JV Partners, as applicable.

The Offeror should complete a Past Performance Information Sheet provided as an attachment to the RFP. Past Performance Information Sheets shall not exceed four (4) pages per project.

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

SUBMISSION REQUIREMENTS (CONT)

Section B - Factor 2, Management Approach. The Offeror shall provide a Management Approach limited to 15 pages, including the following:

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

identify all offices involved in this contract with locations identify position(s) to communicate with the U.S. government identify all positions by title, organization, and physical location, including subcontractors and consultants include lines of reporting and technical areas of responsibility under the contract clearly show the lines of authority of the Offeror’s Project Manager, Project Superintendent(s), CQC System Manager(s), Quality Control

Representative(s), and Site Safety and Health Officer(s), including all JV Partners and subcontractors (and each firm’s roles and responsibilities), when applicable

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

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

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

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

vi. Ability to communicate in German and English for the proposed key personnel and company management involved in the project.

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

Limited to 10 pages for the Technical Approach Narrative, to include:

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

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

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

iii. Identification of up to three (three) main risks identified by the offeror in their schedule, along with mitigation measures.

iv. Clearly identify any constraints on the schedules presented (e.g., labor or material availability, permits, weather, etc.). As part of the constraints, identify working at two different geographical sites (Smith Barracks and Wetzel Housing area).

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

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

ii. A description of activities along the critical path of the schedule and all activities with less than one week of float with their relation to the critical path. The schedule should clearly address the 2 sites (Smith Barracks and Wetzel Housing Area) discussed in the RFP and should demonstrate that the offerors can accomplish the work in an efficiency manner within the period of performance.

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

VOLUME II, ADMINISTRATIVE MATTERS / PRICE

Section A - Executive Summary. Offerors shall submit a one (1) page cover letter including the items listed in Section 00 22 16 of the solicitation. Include any applicable fully-executed joint venture agreements and fully executed teaming agreements.

Section B – Completed Solicitation Form (and amendments). Offerors shall submit a completed Standard Form (SF) 1442 using a printed copy of the SF 1442 included in this Solicitation. If applicable, Offerors shall also submit a completed SF 30 for each Solicitation amendment, acknowledging all the amendments.

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

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

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

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

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

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

ii. If an offeror intends to provide a BLG upon contract award, it must provide with its proposal a BLA equal to 10% of the proposed price and substantively following the model provided in the RFP.

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

Section E – Price. The Offeror is required to submit a complete Price Schedule that includes completion of all contract line-item numbers (CLINs). Please utilize the Price Schedule Attachment on www.sam.gov. The Price Schedule Attachment includes separate CLINs entitled “German Government Charge.” An Offeror that fails to submit a complete price proposal may be considered unacceptable and may not receive further consideration.

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

Non-Price Factors:

Factor 1: Past Performance Factor 2: Management Approach Factor 3: Technical Approach Narrative and Schedule

Price Factor Factor 4: Price

Relative Importance of the Evaluation Factors. The non-price factors, when combined are of approximately equal importance to price. Factor, 1 Past Performance, is significantly more important than Factor 2, Management Approach and Factor 3, Technical Approach Narrative and Schedule. Factor 2, Management Approach and Factor 3, Technical Approach Narrative and Schedule are of equal importance.

SOURCE SELECTION APPROACH

What is a Debriefing?

A Debriefing under FAR Part 15 is an opportunity for an offeror to better understand the basis for an agency’s selection decision.

Debriefings give you a chance to hear from the agency regarding:

the evaluation process;

how your proposal was evaluated in relation to the evaluation criteria;

what was successful in your proposal;

what was lacking in need of improvement in your proposal; and reasonable responses to relevant questions about whether the source selection procedures were followed.

Offeror must submit a debriefing request to USACE within 3 calendar days after notification of exclusion from the competitive range or contract award.

DEBRIEFINGS

FINAL COMMENTS / REMINDERS

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

• Offerors with questions and technical inquiries shall submit their inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet. Bidder Inquiry Key:JHSED6-4W3224

• Proposals shall be via emailed to both the Contract Specialist, Ms. Lorraine Laurente, at lorraine.q.laurente@usace.army.mil and the Contracting Officer, Ms.

Shawna West, at shawna.m.west@usace.army.mil.

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

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

POINTS OF CONTACT

BREAK

15 Minutes

U.S. PROCUREMENT LAW &

OVERSEAS CONTRACTING

MS. REGINA SCHOWALTER

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

• 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 contract specifications:

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

IMMUNITY FROM LEGAL PROCESS

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

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

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

• The Government will always hold the prime responsible.

COMPLIANCE WITH LOCAL LABOR LAWS

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

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

• When issues arise, the U.S. Government deals with 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.

• What is a change to the contract?

A condition or requirement that is different from what you agreed to perform

• Who can authorize?

Only the Contracting Officer

• What do you do if you think a contract change has occurred or has been directed?

Inform the Contracting Officer in writing

CHANGES TO THE CONTRACT

49JOINT 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 and the Government deals directly with the designated point of contact for the JV. Each JV member must agree to be jointly and severally liable to the US Government and responsible for all work performed (liability and responsibility for work is not tied to the members’ contributions as far as the US Government is concerned).

JOINT VENTURES

If submitting a proposal as a joint venture (JV), the experience and past performance for each joint venture member 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

64TEAMING 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 after award.

• 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?

• Germany has a waiver from compliance with DBA insurance requirements for workers who are covered by German

“COMPULSORY WORKERS’ COMPENSATION LAWS.”

• A copy of the terms of the Germany waiver can be found at:

• https://www.dol.gov/sites/dolgov/files/owcp/dlhwc/dbaWaivers/DBAW aiver-Germany.pdf

• This waiver does NOT apply to US citizens, lawful residents of the US, or employees hired in the US or to anyone not covered by Germany’s compulsory workers’ compensation laws.

DEFENSE BASE ACT (DBA) INSURANCE

• For such employees, reference the RFP FAR Clause 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014.

• 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 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.

DEFENSE BASE ACT (DBA) INSURANCE, CONT.

• For construction work performed in the US, typically the US Government requires 100% Performance and Payment bonds issued by approved US surety companies (See FAR 52.228-15)

Those approved surety companies are often unwilling to bond projects outside of the US. 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 instead of the 100% performance and payment bonds.

• 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

QUESTIONS?

FY23 ARMY FAMILY HOUSING

REPLACEMENT CONSTRUCTION

PROJECT

W912GB23R0021

FY22 PN 93308

Presented by:

AECOM on behalf of:

U.S. Army Corps of Engineers Europe District 24th February 2023

Notice ID: W912GB23R0021 Baumholder, Germany

ARMY FAMILY HOUSING OVERVIEW

• RFIs to be submitted to USACE

• “Permitting” or Notification Process (Kenntnissgabeverfahren) completed, the project acknowledged by LBB RLP

• Design Criteria:

In accordance with the ABG75 US the Contractor must follow German Laws, Regulations and Codes including Rheinland-Pfalz State Construction Regulations (LBauO), Leitungsanlagen-Richtlinie (LAR), Federal Water Act and DIN Codes or other Standards that represent recognized codes of practice in Germany (Allgemein anerkannte Regeln der Technik).

A list of required DoD criteria is provided below. Unless noted otherwise, the latest version of each must be followed:

US REGULATIONS have been followed with German codes

- UFC (Unified Facilities Criteria)

- IRC (International Residential Code)

- IBC (International Building Code)

- ABA (Architectural Barriers Act)

- NFPA (National Fire Protection Association)

- ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers)

Graphical information delivered:

• DRAWINGS

Project Documents:

• SPECIFICATIONS

Engineering studies:

• SITE SURVEY

• HAZMAT SURVEY

• GEOTECNICAL / SOIL INVESTIGATION

ARMY FAMILY HOUSING OVERVIEW

SMITH BARRACKS AREA

BUILDING OF 12 APARTMENTS

WETZEL

10 4BR TOWNHOUSES

42 3BR TOWNHOUSES

ARMY FAMILY HOUSING SITE OVERVIEW

WETZEL AREA

PERMITING

• Verbandsgemeinde Baumholder confirmed that the existing sewer has enough capacity for additional discharge. For the storm water drainage new detention tank is required (542 m3).

• Required Protection, Minimization, Compensation and Replacement measures:

- Protection of soil according to DIN 18915

- Protection of adjacent vegetation in accordance with DIN 18920

- Execution of demolition and clearing work outside the breeding season

- Minimization of sealing and working width

- Creation of mowing meadows - embankment areas to the north and south of the construction areas 1,800 m

- Creation of lawn areas

- Restoration of vegetation areas

- Planting of tree hedges - 900 m² native species

- Planting of trees - 98 native deciduous trees an area of 25 or 50 m² per tree

WETZEL AREA SITE ACCESS

WETZEL AREA SITE

3 BR

4 BR

PUMP STATION

OPTIONAL ITEM 4

6 3 BR OPTIONALS

SUBSTATION

HEATING PLANT

OPTIONAL ITEM 5

2 4BR OPTIONALS

4 3 BR OPTIONALS

Architectural:

• 3 BR units – GK 2 LBauO RLP, 3 BR units – GK 4 LBauO RLP

• Units arranged as blocks, with single party wall horizontal apartments

• Garage within the unit footprint, living areas on levels above

• Plaster finish with color and texture accents

• Flat roof

• First floor (EG) masonry interior walls, drywall interior walls levels above.

• Metal reinforced PVC window frames with top roller blinds (Aufsatzrollladen), double glazed, inner pane VGS

• Optional design elements:

- Window with roller blinds

- Enclosure for the vertical utility line in the garage

- Exterior galvanized steel stair to the garden

Structural

• Concrete foundation slab, load-bearing masonry separation walls with concrete frames, filigree slabs

• 1st floor stair prefabricated concrete / Stairs above beech wood with HPL stingers

Life Safety

• Load bearing structure 60 min FR

• TH3BR ceiling slabs 30 min FR and TH4BR ceiling slabs 60 min FR

• Every 2 units separated by 90 min FR wall even under mechanical stressK e y

F e a tu r e s

C

A

B

B

C

C

Fire Protection

• Fully sprinkler protected (except bathrooms < 5,1 m²/ linen closets) .

• Fire water supplied by remote sprinkler pump station.

• Smoke- and CO-Detection at all floors / Separate Smoke Alarms Connected to the FACP for 4 BR Units

Mechanical – ventilation, heating

• Heating & Plumbing services run at high level in Garage to main services riser and rise to floors above

• 270 m³/h ventilation system with balanced supply & extract system with manual override. Supply to living areas, extract from bathrooms & kitchen

• Ventilation ducts routed inside exterior wall construction to serve floors above connect to distribution boxes

• PE-HD Flexible ducts from distribution boxes to each room

• Design room temperatures:

• - 20°C in living areas inside insulated building shell

• - 24°C in Bathrooms

• - 5°C in Mechanical room & Garage for frost protection

• 15kW District heating transfer station in each unit serving space heating and domestic hot water generation

• Room heating via Radiators

Plumbing

• Independent gravity drainage system for each unit, floor drains in Garage & Mechanical Room.

• Looped Piping with hygiene flushing station at last WC

• Hot water looped with recirculation line

Roof Drainage

• A - Pipe-in-pipe Cascade drainage for 4 BR Townhouse

• B - Pipe-in-pipe main & emergency combination drainage system for front of 3 BR

• C - Separate main & emergency roof drains to the back of house

K e y F e a tu r e s

Roof drainage diagram

Through wall ventilation section

Interior electrical installation diagram

Door station (bell & talk) at front door and indoor station on 2nd floor

WETZEL AREA

Electrical

• Building Main Distribution Panel and Transformer in the garage on first floor

• Sub Distribution Panel for outgoing circuits at each Story except 4th floor

• Separate compartments for both systems (400/230V + 208/120V)

• LED Lighting throughout

• Door station (bell & talk) at the front door

• Wall mounted indoor station (talk & open) only at 2nd floor (living area)

• Commercial Telecom and Broad Band TV infrastructure

• Lightning Protection System

• Optional Items:

- 120V installation

- Ceiling fans

• Building Automation System (BAS) with smart meters to control and monitor equipment & utilities to be interfaced with base-wide Utility Monitoring and Control System (UMCS)

Environmental / Geotechnical

• 80 cm of gravel under the ground slab for radon drainage piping system and radon emission extraction fan to be added later if required

• The existing road Fair-View Drive road and underlying gravel to be demolished and replaced by full paved new road due to tar contamination

• PCB and heavy metals were the primary contaminant identified in the HAZMAT survey at

Building 8832

• Up to 2.0 meter deep excavation pits, slope maximum angle of 45° in the artificial fill and a maximum angle of 60° in the loam and weathered rock

• Ground water was not encountered. The soil not suitable for infiltration of precipitation water

• Soil class: 3-5 according to DIN 18300:2012-09. Even rock (soil class 6-7) might occur locally Radon drainage system configurationK e y

F e a tu r

WETZEL AREA PLANS 3 BEDROOM

Optional 6: Window and shutters

Optional 7: Plasterboard cover for MEP systems in garage

Optional 8: Exterior galvanized steel stairs (with handrail and RC foundation)

WETZEL AREA PLANS 4 BEDROOM

Optional 6: Window and shutters

Optional 7: Plasterboard cover for MEP systems in garage

Optional 8: Exterior galvanized steel stairs (with handrail and RC foundation)

CONSTRUCTABILITY

Thermal Envelope

• Street and Back Yard Façade - Prefabricated timber frame

(Holzrahmenbau), 30 min fire rating

• End walls - composite insulation system (WDVS) on masonry for block end walls, plaster finish

• Ground floor garage and mechanical room non-heated, frost free no insulation

• Roof, single ply EPDM roofing on sloped XPS insulation, min. 4% slope as per UFC 3-110-03, up to 10% in project

Fire rated outlets and installations

ONLY!

Façade and roof details

Façade Materials

Fiber cement boards on galvanized steel framing for separation of balconies

Galvanized Steel balcony railing

CONSTRUCTABILITY WETZEL AREA

Winding Stairs as per IRC (International Residential Code)

Prefab Concrete Stair

Wood stair with HPL stringer

CONSTRUCTABILITY WETZEL AREA

Unit Separation Wall sound proofing and fire rating

• Minimum required per DIN 4109-1: 53dB, increased sound insulation per DIN 4109-5: 56 dB

• Bedrooms and any other room with the same wall type – 240 mm lime sandstone masonry (KS-MW) with min 10 mm plaster both sides 57dB as per caluclations installations in red marked walls must be soundproofed, fire rated and staggered!!!

• Typical - 240 mm lime sandstone masonry (KS-MW) with drywall lining (Vorsatzschale) – 59dB to 61dB as per caluclations masonry walls must be plastered or bearing and butt joints must be filled to achive requried soundproofing

SPRINKLER PUMP STATION

Key Features:

Architectural:

• Modular and delivered finished on the site, concrete container

Structural

• Cast-in-situ plain concrete strip foundation system

MEP

• Fire Alarm Control Panel

• Battery Powered Emergency

Lighting

• Lightning Protection System

• DN80 Potable water connection with water meter interfaced with UMCS

• Drainage for floor drains and service sink

SUBSTATION

Key Features:

Architectural:

• Modular and delivered finished on the site, concrete container

Structural

• The design provides for 12cm of gravel and 3cm of grit as supporting layer

Fire protection

MEP

• Combined MV/LV Room

• SF6 insulated MV Switchgear (20kV)

• 630 kVA Transformers (20/0.4 kV)

• 400/230V Low Voltage Main Distribution Panel

• Battery powered Emergency Lighting System

• UMCS Connection Point

• Receptacle Distributor

• Lightning Protection System

HEATING PLANT

• Modular and delivered finished on the site, concrete container

Structural

• Cast-in-situ plain concrete strip foundation system.

MEP

• LV (400/230V) Distribution Panel

• Battery Powered Emergency Lighting

• LED Lighting

• 1 MW Steam to Water District Heat Transfer station

• Balanced Supply & Extract Ventilation System

• Potable water connection with water meter interfaced with UMCS

• Drainage for floor drains, service sink and pressure relief valveK e y F e a tu r

CIVIL WORKS AND LANDSCAPE – SITE PLAN

OPTIONAL ITEM 4

6 3 BR OPTIONALS

OPTIONAL ITEM 5

2 4BR OPTIONALS

4 3 BR OPTIONALS

CIVIL WORKS AND LANDSCAPE – COMMON SPACES

CIVIL WORKS AND LANDSCAPE - TRAFFIC

CIVIL WORKS AND LANDSCAPE – STREETSCAPE

CIVIL WORKS – EARTHWORK

CIVIL WORKS – UTILITIY…