IAF-24-0005_Redemption Hospital Liberia_Pre-Proposal Conference Slides.pptx

PRE-PROPOSAL CONFERENCE

Project Number: iaf-24-0005 Electrification of redemption hospital, liberia

Presented by:

Virtual Event

1. Mute phone / microphone when not speaking

2. Turn off webcam

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

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

5. Avoid sidebar discussion

6. No technical discussion will be held in this forum Ground Rules and procedures

Phillip tran Project Manager david jerger Assistant Counsel

Matt bookout Contracting Officer

Sterling aLPHONSE Contract Specialist

USACE TEAM INTRODUCTIONS

Welcome / Introductory Remarks

Project Overview procurement matters

U.S. Procurement Law & Overseas contracting

Q&A Session / Closing Remarks agenda

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.

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

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

Bidder Inquiry Key:

5WY4ZE-H2K2CP

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

Enter Inquiry Key Select USACE Enter Email

PROJECT OVERVIEW

LIBERIA ELECTRIFICATION OF REDEMPTION HOSPITAL

PHILLIP TRAN, Project Engineer PROJECT MANAGER, USACE Europe District

PROJECT LOCATION

Latitude 06°22’10.85“N, Longitude 10°47’30.95“W

PROJECT site overview

SCOPE OF WORK

Please refer to 01 10 10 Statement of Work for the detailed requirements.

Design 65% pre-final design 95% final design 100% corrected final design Provide a new interior electrical distribution system with power system surge protection / voltage stabilizer Provide a dedicated automatic transfer switch for the back-up generator system for critical areas Provide new LED lighting and controls systems Demolish existing electrical distribution system, inclusive of the MTS

Reference Attachment of Electrical Distribution System Pictures

Concerns or comments

Procurement matters matt bookout Contracting Officer sterling alphonse contract specialist

Pre-Proposal Inquiries & ProjNet System for Award Management Procurement Timeline General Submission Information Proposal Instructions Debriefings

Overview

For Non-US Located SAM Registrants:

NATO Commercial and Government Entity (NCAGE) Codes are CAGE Codes for entities located outside the United States and its territories.

Prior to requesting an NCAGE Code, please review the “US Instructions for NSPA NCAGE” document. You may apply for an NCAGE Code using the NCAGE Code request Tool.

Once you receive your NCAGE Code, you should enter it on the “CAGE or NCAGE Code” page in the “Core Data” section of your Entity Registration.

For Help with SAM, Contact the Federal Service Desk: www.fsd.gov Live Chat or Web form or via Phone U.S. Calls: 866-606-8220 (toll free) International Calls: 334-206-7828 Hours of Operation: Monday - Friday 8 a.m. to 8 p.m. US Eastern Time To be eligible for the contract award resulting from this solicitation, Offerors are advised to take immediate action to ensure your SAM entity registration is current and/or will be current at the time of proposal receipt by this contracting office.

Contractors are required to update SAM registration ANNUALLY.

How does your company register in SAM? Go to: https://www.sam.gov/ and click the link to “Get Started”

System for award management

All Requests for Proposal (RFP) documents and amendments are posted at the sam.gov website https://sam.gov

Web URL is: https://sam.gov/opp/ad7f8e3e9fb846079af786d53ad22919/view The solicitation Number is W912GB24R0019

It is the Offeror’s responsibility to check the website for any amendments.

The Solicitation is also published on the Procurement Integrated Enterprise Environnent (PIEE).

Solicitations & amendments

Procurement timeline Projected dates are subject to change Proposals are due no later than 14 February 2024 at 1000 hours Central European Standard Time

Published Solicitation 12DEC23

Pre-Proposal Conference 10JAN24

Pre-Proposal Site Visit 17JAN24

RFP Due Date 14FEB24

SSEB Evaluations Complete 15MAR24

ProjNet Closes for Inquiries 01FEB24

SSA Selects Awardee NLT 01MAY24

Awardee provides Guarantee & DBA Insurance NLT 15MAY24

KTR receives Notice to Proceed 3JUN24

Register for Pre-Proposal Site Visit NLT 16JAN24

Electronic Proposals.

All proposals shall be submitted electronically via Procurement Integrated Enterprise Environment (PIEE) site: https://piee.eb.mil/. Please refer to Attachment 15 for instructions to Offerors on how to submit proposals using PIEE.

File Size Limitations.

Offerors are advised that the file size limitation is subject to PIEE restrictions, if applicable.

Maximum file size is 1.9GB See RFP for further instructions.

General submission information (1/3)

File Names. 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:

File Organization, Formatting, and other instructions.

Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled.

Proposals shall be in the English language.

Proposals shall be organized and titled so that the proposal follows the order and format of the evaluation factors.

Files shall be submitted in their native format, or if in pdf format, shall be in searchable text.

Further detailed instructions in the RFP (font size, etc.)

Reference Section 00 21 00 Instructions General submission information (2/3)

Upload Completion & Deadline Interested parties shall submit responses no later than the date specified on solicitation document. (watch for amendments!)

The time & date of proposal receipt will be the upload completion / delivery time & date recorded in Procurement Integrated Enterprise Environment (PIEE).

Do not assume that electronic submission will occur instantaneously. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting.

Pay special attention to stated proposal deadlines.

General submission information (3/3)

Factor 1, Past Performance.

Completed CPARS records and/or completed PPQs for projects completed by the Offeror (or the Offeror’s key teaming partner or design subcontractor) Maximum of five (5) projects, which are similar to this project size ($250K-$500K) and scope (complete renovation of an electrical distribution system); and within the last 5 years.

Additional Consideration may be given to the following:

Projects that demonstrate past performance in Benin, Burkina Faso, Cabo Verde, Côte d’Ivorie, The Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Togo, Gabon.

Projects that demonstrate working for the United States Government (i.e., Department of Defense, U.S. Army Corps of Engineers, etc.).

Projects that demonstrate past performance working in a building facility that required the facility to remain operational throughout at least 70% of the construction phase.

The Government will, at a minimum, review past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), PROPOSAL INSTRUCTIONS Volume I, Factor 1 Past Performance Past Performance for a subsidiary or partner company will not be considered unless the proposal contains documentation for a teaming arrangement for the subject project.

Factor 2, Technical Approach and Schedule.

The technical approach shall include the following:

Manpower required to design and construct the project (include the make-up of teams by trade).

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

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

The Offeror’s safety processes.

The Offeror’s quality control processes.

Knowledge of requirements and constraints applicable to work in the Host Nation and regionally near the project location.

The offeror’s status of registration in the Host Nation; if not registered as a business in the Host Nation, detail how the offeror plans to become registered.

The Offeror’s plan to obtain Host Nation permits for the project and who will hold the permits.

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

PROPOSAL INSTRUCTIONS Volume I, Factor 2 Technical approach and schedule 1/2

Factor 2, Technical Approach and Schedule.

The schedule shall include the following:

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

Primary assumptions used in the Offeror’s schedule.

Discuss skilled and unskilled labor requirements Discuss how the Offeror will manage subcontractors from a schedule perspective.

Schedule. The schedule submission may be submitted MS Excel, MS Word, or Adobe pdf file format and should be specifically tailored to the project contemplated by this solicitation Contract Award BLG, Insurance Submission and other pre-construction approvals Notice to Proceed (NTP) Submission of each design submittal required in the SOW.

Design submittal review periods as specified in the SOW Preconstruction submittals Site Mobilization Construction activities across various construction trades Initial and Final Inspections Closeout documents Construction completion Warranty PROPOSAL INSTRUCTIONS Volume I, Factor 2 Technical approach and schedule 2/2 Schedule Assumptions. For the purposes of evaluation under this factor, the Offeror should utilize the following assumptions: plan for a 450-day construction duration, Offeror should use the dates of 01 May 2024 for award and 03 June 2024 for issuance of the NTP, and should prepare the schedule assuming that all base line items and options will be awarded on that date.

VOLUME II, ADMINISTRATIVE MATTERS

Tab A: Completed Solicitation Form (and amendments).

A completed SF 1442, a Price Breakout Schedule, and a completed SF 30 for each solicitation amendment.

Tab B: Teaming Arrangements.

Include full disclosure of the teaming arrangement or joint venture and company relationships in the team’s proposal.

Tab C: Financial Information.

Submit Proof of Financial Ability (Most recent financial statement covering assets and liabilities).

Include the name, address and telephone number of Offeror's banking institution.

If the Offeror is a JV, submit information for all JV members.

Evidence of Ability to Obtain Financial Protections and Proof of Financial Ability. (Bank Letter of Assurance (BLA), Bank Letter of Guaranty (BLG), Bonds, Insurance and other Sureties) Tab D: SAM Registration, Representations & Certifications.

A completed clause FAR 52.204-8(d).

A copy of their current “Entity Registration” in the System for Award Management (SAM) A copy of their current “FAR & DFARS Report” that demonstrates all their completed representations and certifications as recorded at www.sam.gov.

PROPOSAL INSTRUCTIONS volume ii

The Contract Officer and Contract Specialists conduct an initial review of the proposals to ensure offerors have met the minimum submission requirement to be considered for award.

A Source Selection Evaluation Board (SSEB) comprised of representatives of the Corps of Engineers, User/Customer, and other required personnel will evaluate the proposals.

Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence.

Technical proposals will be reviewed and rated without knowledge of the price offered.

The number and identities of offerors are not revealed to anyone who is not involved in the evaluation and award process or to other offerors. Proposals will be evaluated based on the factors described herein, and the basis of award is the Tradeoff Process.

The Source Selection Authority (SSA) will compare the proposals to determine the offer(s) that represent(s) the best value to the Government, taking into consideration the stated evaluation factors and their respective minimum qualifications as specified in the RFP.

EVALUATION APPROACH

The evaluation process consists of four parts:

Proposal Compliance Review: This is an initial review to ensure that all required forms and certifications are complete and that both a technical and price proposal were received.

Technical Evaluation: The Source Selection Evaluation Board (SSEB) will evaluate and rate the proposals against the solicitations requirements. Some factors will be rated using an adjectival-based system. Past Performance will be rated based on recency/relevancy and confidence.

Price Evaluation: The Contracting Officer/SSA will evaluate price proposals independent of the technical evaluation.

Cost/Technical Trade-off Analysis: After all, above evaluations are complete, the Contracting Officer/SSA will compare the relative advantages and disadvantages of technical proposals and compare prices. The Source Selection Authority (SSA) will then consider all factors to select the proposal offering the best value to the Government.

All evaluation factors, other than cost or price, when combined are considered equal to cost or price.

EVALUATION 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

Pre-Award – FAR 15.505 Post-Award – FAR 15.506

FAR 15.506(a)(1). Note: The Agency still may grant a request for a Debriefing even though it was not timely requested. FAR 15.506(a)(4)(i).

comments / Reminders Offerors with technical inquiries shall submit their inquiries via “Bidder Inquiry” in ProjNet at www.projnet.org\projnet. Bidder Inquiry Key: 5WY4ZE-H2K2CP

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

Proposals must be submitted electronically via PIEE.

Sterling Alphonse

Matt Bookout

Contracting POINTS of CONTACT

U.S. Procurement law & overseas contracting

MR. David Jerger OFFICE of Counsel

PRE-AWARD

Contract Type Teaming Arrangements Defense Base Act Insurance Bonding Requirements Taxes and VAT

POST-AWARD

Notice to Proceed Selected Contract Clauses Prime Contractor Project Management Questions

Overview

PRE-AWARD

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

Mention Part 15 Contract by Negotiations Part 16 Types of Contracts Part 36 Construction & AE

This solicitation will result in the issuance of a firm fixed price contract.

Firm fixed price contracts are not subject to adjustment on the basis of the contractor’s cost experience in performing the contract. For example:

The contractor is responsible for 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 laws/regulations that increases your labor cost.

The U.S. Government cannot influence the Host Nation regarding visas or work permits and may not provide any assistance.

The contractor assumes the risk of fluctuations in materials costs.

Contract Type teaming arrangements The solicitation permits offerors to enter into teaming arrangements with other companies. During Source Selection, the team member’s past performance would then be evaluated in addition to the offeror’s past performance.

Teaming arrangements may be advantageous for establishing past performance when:

An offeror is a Host Nation company has performed work in the host nation and adjacent areas, but has performed little or no work for the U.S. Government or the U.S. Department of Defense.

An offeror has performed work for the U.S. Department of Defense, but has performed little or no work in the Host Nation.

Instructions to Offerors, Section 7.2 provides instruction on teaming arrangements.

Joint Venture agreement requirements are located at Instructions to Offerors, Section 7.2.3.

Letter of commitment templates are provided in Attachment 12 of the solicitation. Do not add or delete any terms to that attachment.

In order for teaming arrangements to be considered, the arrangements must conform to the Solicitation’s requirements and be submitted with your proposal.

JOINT VENTURES

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 cont.

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

COMMITTED SUBCONTRACTORS, TEAMING PARTNERS, AND AFFILIATES

Contractors may receive credit for the experience, past performance and capabilities of a teaming partner, such as a subcontractor, teaming partner or an affiliate.

The Government must be able to assess the past experience of the teaming partner. 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 and 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).

Teaming Arrangements

CONCLUSION

An offeror still has an obligation to demonstrate its own past performance on the portions of the contract it will perform or manage.

The “credit” given based on a partner’s performance will depend on the nature and extent of the proposed participation of the teaming partner.

To ensure a teaming partner’s performance is evaluated, submit documents that conform to the terms of the solicitation.

DBA Insurance coverage is required for work performed under U.S. contracts in Liberia by all contractors and subcontractors. No other insurance can serve as a substitute.

Defense Base Act (DBA) insurance is commercially available from carriers and self-insured employers authorized by the Department of Labor (DOL). The DOL table of authorized carriers and self-insured employers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm Refer to FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (July 2014) and 52.000-4133 Workers Compensation Insurance (Defense Base Act) – Countries with Waivers (March 2017) for more DBA Insurance information and how to obtain DBA Insurance.

Defense base act (DBA) insurance

The awardee must provide one of the following:

Bank Letter Guarantee equal to 10% of the award amount. A template is provided as Attachment 10.

Performance and Payment bonds issued by approved US surety companies equal to 100% of the award amount.

Irrevocable Letter of Credit equal to 10% of the award amount.

Cashier’s check, bank drafts, money orders, or currency equal to 10% of the award amount.

U.S. bonds or notes equal to 10% of the award amount.

BONDING requirements & ALTERNATIVES

In your proposal, identify which instrument you intend to provide.

Note that for some, documentation is required to be provided at time of proposal submission. For example, if you intend to provide a Bank Letter of Guarantee, include a Bank Letter of Assurance with your proposal. A template is included as Attachment 9.

See Instructions to Offerors, 7.3.1.1, for complete requirements.

BONDING requirements & ALTERNATIVES

VAT Exemption

This project is exempt from the Liberian Value Added Taxes (VAT). Proposal pricing should not include VAT.

POST-AWARD

The successful offeror will need to provide proof of DBA insurance and bonds or alternative instrument within 14 days of award.

The contracting officer will not issue Notice to Proceed until these have been received.

NOTICE TO PROCEED

CHOICE OF LAW (OVERSEAS)

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.

SELECTED CONTRACT CLAUSES

CHANGES

FAR 52.243-4

What is a change to the contract?

A condition or requirement that is different from what the parties agreed to when the contract was awarded.

Who can authorize?

Only the Contracting Officer or their authorized representative.

How is the contract changed?

By issuing a contract modification.

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

Inform the Contracting Officer in writing.

CHANGES cont.

NOTE ON 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.

SELECTED CONTRACT CLAUSES

DISPUTES AND CLAIMS

FAR 52.233-1

Explains how to submit a dispute to the contracting officer for a final decision.

Requires the contractor to continue performing pending the final decision.

Additional information at 41 U.S.C. Ch. 71 and FAR Subpart 33.2.

IMMUNITY FROM LEGAL PROCESS

Attachment 13, Contract Specifications 00 74 01:

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.

COMPLIANCE WITH LOCAL LABOR LAWS

DFARS 252.222-7002

Contractors must comply with all Host Nation labor laws and regulations including laws and regulations relating to hours of work and compensation.

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 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.

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 Contractor is responsible for performing the work in accordance with teaming arrangements provided as part of its proposal.

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

Substitutions may be possible, but 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.

Prime Contractor Project Management

QUESTIONS?

Conclusion / FINAL Reminders

Thank you!

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