Poland_Industry_Day_Slides_Final.pdf

EVENT FOR INDUSTRY:

WORKING WITH THE U.S. ARMY

CORPS OF ENGINEERS

Presented by:

U.S. Army Corps of Engineers Europe District 04 December 2018

Warsaw Marriott Hotel Warsaw, Poland

AGENDA

Registration – 1 hour 0830-0930 Welcome / Introductory Remarks 0935-0955 About The USACE 0955-1005 Doing Business with the USACE: Part 1 Systems and Registrations

1005-1030

Break – 30 minutes 1030-1100 U.S. Procurement Law and Overseas Contracting 1100-1140 Lunch Break – 1 hour & 20 minutes 1140-1300

Doing Business with the USACE: Part 2 Source Selection, Procurement Tools & Project Delivery Methods

1300-1310

Doing Business with the USACE: Part 3 Understanding the Solicitation, Proposal Preparation, and USACE Specific Requirements

1310-1355

Break – 40 minutes 1355-1435 USACE Program in Poland 1435-1450 Q&A Session 1450-1550 Wrap-up and Closing Remarks

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

Thaddeus Kosciuszko

U.S. – POLISH PARTNERSHIP

Polish and U.S. Military Leaders Powidz Air Base

Present

Thaddeus Kosciuszko

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 John K. Baker, 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.

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

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)

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 North RO

Haifa PO Central RO South RO

RO: Resident Office PO: Project Office *Planned Office

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

Tallinn PO – Tallinn, Estonia

Southern Europe Area Office (MK, Romania) 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

EUROPE DISTRICT OFFICES

DOING BUSINESS WITH THE

U.S. ARMY CORPS OF

ENGINEERS PART 1

MS. ALLISON M. BLOUNT

CONTRACTING OFFICER

• General Information: Registrations & ID Numbers

• DUNS Number

• Cage Code

• SAM Registration

• Federal Business Opportunities

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 https://www.sam.gov/ 2 weeks to go active

FBO Federal Business Opportunities (FBO) a web-based portal which allows vendors to review U.S. Procurement Opportunities and submit proposals https://www.fbo.gov/ Immediate

What is a DUNS Number? It’s a unique nine-digit identification number for each physical location of your business.

How does my firm obtain a DUNS number? Go to http://www.dnb.com to obtain a DUNS number at no cost.

https://www.dnb.com/duns-number/get-a-duns.html

DUNS NUMBER

What do you need to register for a DUNS number?

Legal name Headquarters name and address of your business Doing Business As (DBA) or other name by which your business is commonly recognized Physical address: city, state, country and ZIP code Mailing Address (if different from physical) Telephone Number Contact Name and Title Number of employees at your physical location

DUNS NUMBER

• What is a CAGE Code? The Commercial and Government Entity (CAGE) Code is a unique identifier assigned to suppliers to various government or defense agencies, as well as to government agencies themselves and also various organizations.

• What is an NCAGE Code? The NATO Codification System (NCS) was established in 1954. In order to differentiate between the U.S. and NATO systems, CAGE was referred to as NATO COMMERCIAL and GOVERNMENTAL ENTITY CODE (NCAGE) in the NCS community.

Note: When a business/organization is assigned a CAGE/NCAGE, they are in fact the same code.

CAGE AND NCAGE CODE

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

• How does your company obtain a CAGE Code? If you are a vendor located inside the United States, one can be obtained by visiting: https://cage.dla.mil/

• How does your company obtain an NCAGE Code? If you are a vendor located outside the United States, one can be obtained by visiting https://eportal.nspa.nato.int/AC135Public/default.aspx

(Click on the CAGE/NCAGE Code Request Tab)

CAGE AND NCAGE CODE

• 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

Mrs. Dorota MIRECKA

Phone: +48 261 877 858 / 898 Fax: +48 261 877 888 E-mail: ncbpl@ron.mil.pl

POLAND POINT OF CONTACT

• 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.

• SAM has a new entity registration requirement that firms submit an original, signed notarized letter identifying the authorized Entity Administrator for the entity associated with the Data Universal Numbering System (DUNS) number before the registration will be activated.

• Applies to all new entity registrations AND all entity registration renewals.

• NOTE: The instructions are different for domestic (U.S. based) and international (not U.S. based) firms.

For More Information:

Go to General Services Administration's (GSA) announcement page at https://www.gsa.gov/samupdate

Also refer to Federal Service Desk's (FSD) instructions on how to comply with this new requirement.

IMPORTANT SPECIAL NOTICE

FEDERAL BUSINESS OPPORTUNITIES

• A free web-based portal which allows vendors (contractors) to review U.S. Federal Procurement Opportunities

• Primary source of identifying U.S. Federal Opportunities.

• Vendors (Contractors) use it to retrieve Solicitations and

Amendments issued by the U.S. Army Corps of Engineers (non-classified).

• Vendors (Contractors) will use it to submit proposal to USACE for review. Note: This is replacing NAU’s use of AMRDEC.

WHAT IS FBO?

• Firms seeking opportunities with the U.S. Army Corps of Engineers (USACE) must utilize FedBizOpps (https://www.fbo.gov/) Search: “W912GB” or “Poland”

FEDERAL BUSINESS OPPORTUNITIES

FBO REGISTRATION

Click hereClick here

FBO REGISTRATION

Enter DUNSEnter DUNS

• Sources Sought: Used as a market research by contracting officers.

• Pre-Solicitation Notice: Makes vendors aware that a solicitation may follow.

Vendors may add themselves to the Interested Vendors List, if the posting agency has enabled this feature.

• Solicitation (Combined Synopsis/Solicitation): Most opportunities classified this way are open for bids from eligible vendors. These opportunities include specifications for the product or service requested and a due date for the proposal.

The notice will specify bidding procedures in the details of the solicitation.

TYPES OF NOTICES

• Award Notice: When a federal agency awards a contract in response to a solicitation, they may choose to upload a notice of the award to allow the interested vendors to view the vendor receiving the awarded contract, and amount agreed upon.

• Special Notice: Most opportunities classified this way are open for bids from eligible vendors (For Examples: MATOCs). These opportunities include specifications for the product or service requested and a due date for the proposal.

The notice will specify bidding procedures in the details of the solicitation. Also used for announcing Industry Days.

TYPES OF NOTICES (CONT.)

• All Requests for Proposal (RFP) documents will made available for viewing at the Federal Business Opportunities (FBO) website http://www.fbo.gov

• All amendments will also be made available for viewing in FBO. It is the Offeror’s responsibility to check the website for any amendments.

• The FBO vendor user guide has information & instructions on how to utilize FBO, accessible via the following web URL:

https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf

SOLICITATIONS & AMENDMENTS

• Pay special attention to stated proposal deadlines. Late proposals in nearly all cases will not be considered.

• If the Bids/Responses feature is enabled by the Buyer (USACE) for an opportunity, a vendor can submit an electronic response which can be in the form of a Line Item Builder template and/or a document upload;

the Buyer determines the type of electronic response submission that is available to the vendor.

• Vendors must login to be able to submit/review electronic responses.

PROPOSAL SUBMISSION

BREAK

U.S. PROCUREMENT LAW &

OVERSEAS CONTRACTING

MS. MEGAN TOOMAN

ASSISTANT COUNSEL

• US Procurement Regulations and Important Clauses

• Joint Ventures

• Bonding Requirements

• Compliance with Local Labor Laws and Defense Base Act Insurance

• Prime Contractor Project Management

• Protests, Disputes, and Claims

• Miscellaneous Points

OVERVIEW

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

Federal Acquisition Regulation (FAR) http://farsite.hill.af.mil/vffara.htm

Defense FAR Supplement (DFARS) http://farsite.hill.af.mil/vfdfara.htm

Army FAR Supplement (AFARS) http://farsite.hill.af.mil/vfafara.htm

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)

USEUCOM CLAUSE 52.000-4004

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

FAR 52.233-4

United States law will apply to resolve any applicable claim of breach of this contract

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

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

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

– Shall identify the chief executive of each entity identified

– Shall be translated into English

– Shall include a detailed statement outlining, in terms of percentages, the relationship of the JV in terms of ownership, capital contribution, profit distro/loss sharing; bonding responsibilities; party having overall control, etc.

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

JOINT VENTURES

• 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, a Bank Letter of Guarantee (BLG) may be submitted. Typically be 25% or more of the contract amount.

• For Example: For a Contract Award of $1,000,000.00, a BLG in the amount of $250,000 is required within 10 calendar days of award.

• The government must be able to draw on the BLGs upon simple request without the need to take any legal action or obtain the consent of the contractor or any other proof or action.

Note: If a Joint Venture (JV), the Bank Letter of Guarantee must cover the JV, not just one member of the JV.

BONDING REQUIREMENTS

• 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

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

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

• DBA Insurance will be procured on a Stand Alone Contract or Task Order basis.

• After Contract award, proof of DBA insurance certificates shall be submitted to the Contracting Officer within 14 calendar days of the date of award.

DEFENSE BASE ACT (DBA) INSURANCE

• 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 (CONT.)

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

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

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

PRIME CONTRACTOR PROJECT MANAGEMENT

The Provision “Compliance With Host Country Rules and Customs” provides that the contractor is responsible for:

– Adequately manning and staffing the project.

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

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

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

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

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

PRIME CONTRACTOR PROJECT MANAGEMENT (CONT.)

• During Source Selection, prime contractors can receive credit for the experience, past performance and capabilities of a subcontractor provided the proposal includes a letter of commitment signed by both prime and subcontractor.

• A letter of commitment is not a contract, but it represents a commitment by the firms to work together if a contract is awarded.

• We expect firms to provide the subcontractors they specify in a letter of commitment.

• When a contractor specifies personnel by name in a proposal, we also expect those personnel will be provided.

• Substitutes are allowed only with Contracting Officer approval.

• Approval of substitution is given only where the proposed substitute is deemed by the Contracting Officer to be equal to the proposed personnel or subcontractor;

this is a matter of Contracting Officer discretion.

PRIME CONTRACTOR PROJECT MANAGEMENT (CONT.)

PROTESTS, DISPUTES, AND APPEALS

A bid protest is a written objection to a solicitation, the cancellation of a solicitation, the award or proposed award of a contract, or termination of a contract if terminated due to alleged improprieties in the award.

Protests can be filed:

– With the Contracting Officer (“agency protest”)

– With the Government Accountability Office (GAO)

– With the U.S. Court of Federal Claims (COFC)

BID PROTESTS

Protests should include the following information:

(i) Name, address, email and telephone numbers of the protester.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protester is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

AGENCY PROTESTS

• GAO is the U.S. Government Accountability Office.

• GAO Protests are decided by Officers of the GAO who are procurement experts.

• As in the Agency Protests, filings can be by simple letter setting forth the grounds for protest.

• The GAO may hold telephone conferences or hearings to establish facts.

• Rules for filing protests with GAO can be found at:

http://www.gao.gov/legal/bids/bibreg.html

GAO PROTESTS

• Protests to the U.S. Court of Federal Claims are formal legal proceedings. The plaintiff must be represented by counsel who is admitted to practice before the court.

• A COFC protest commences with the filing of a complaint.

• A protester may file its protest with the COFC despite the fact that it was the subject of a GAO protest.

• COFC Rules: http://www.uscfc.uscourts.gov/rcfc

PROTESTS TO U.S. COURT OF FEDERAL CLAIMS

Requests for Equitable Adjustment (REA) and Claims are the most common remedies for contractors seeking to recover additional time and/or costs from the Government based on a change to contract requirements.

REA: A contractor request that the contracting officer adjust the contract price to provide an equitable (i.e. “fair and reasonable”) increase in contract price based on a change to contract requirements.

• An REA should be the Contractor’s first step to settle at the lowest level.

• Clauses that allow an equitable adjustment to the contract if the government is responsible for additional costs, or time, and the most significant clauses are:

Changes – Fixed-Price, FAR 52.243-1 Variation in Estimated Quantity, FAR 52.211-18 Differing Site Conditions, FAR 52.236-2 Suspension of Work, FAR 52.242-14 Termination for Convenience, FAR 52.249-2

DISPUTES: REA VS CLAIM

Claim: a written demand, as a matter of right, to the payment of a sum certain or other relief. Claims are handled under the Contract Disputes Act (CDA).

• The Contracting Officer considers all of the facts and arguments and issues a Contracting Officer’s Final Decision (COFD) within 60 days of the receipt of the written request for a decision from the contractor for claims under $250,000.

DISPUTES: REA VS CLAIM

REQUEST FOR EQUITABLE ADJUSTMENT above $250,000 (SAT) must be certified in accordance with DFARS 252.243-7002.

– I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

CLAIMS above $100,000 must be certified in accordance with FAR subpart 33.2.

– I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government is liable;

and that I am duly authorized to certify the claim on behalf of the contractor.

Note: The certification required by 10 U.S.C. 2410(a) is different from the certification required by 41 U.S.C. 7103, Disputes. If the contractor has certified a REA in accordance with 10 U.S.C. 2410(a), and desires to convert the request to a claim under the Contract Disputes statute, the contractor shall certify the claim in accordance with FAR subpart 33.2.

REA/CLAIMS CERTIFICATION

If the contractor does not agree with the COD, it has the right to appeal to either the Armed Services Board of Contract Appeals (ASBCA) or the Court of Federal Claims.

The ASBCA is a neutral independent forum to hear and decide contract disputes between the Department of Defense (U.S. Army, Navy and Air Force) and contractors with whom the Department of Defense has entered into an agreement with to provide services.

The ASBCA rules allow contractors to represent themselves without a lawyer and have provisions for accelerating the process for small dollar claims.

Rules and Guidelines: http://www.asbca.mil/Rules/rules.html

Decisions of either the ASBCA or the Court of Federal Claims may be further appealed within the U.S. court system.

CONTRACTOR APPEAL

• 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.

AUTHORITY

LUNCH BREAK

U.S. ARMY CORPS OF

ENGINEERS PART 2

MS. ALLISON M. BLOUNT

CONTRACTING OFFICER

• Source Selection Process Overview

• Source Selection Approaches

• Source Selection Teams & Responsibilities

• Contract Vehicles

• Project Delivery Methods

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 FBO)

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

Offerors submit questions and Government may amend solicitation Contractors submit Proposals Government Evaluates Proposals Award on Initial Offers (Decision Point) Establish Competitive Range Conduct “meaningful” Discussions Request & Receive Final Proposal Revisions Evaluate Final Proposals & Make Source Selection Decision Contract Award Debriefings

SOURCE SELECTION PROCESS OVERVIEW

Today, we are here

SOURCE SELECTION PROCESS OVERVIEW

Proposal Material Received

Individual Evaluations Caucus SSA

Briefing Award Decision

Discussions*Final Proposal Revisions

Contract Award

Debriefings

*If Required

Solicitation Issued

Single Phase Evaluation

Comments Strengths Weaknesses Merit & Confidence

Ratings

Consensus Strengths Weaknesses Merit & Confidence

Ratings

Two COMMON Approaches

• Lowest price technically acceptable (FAR 15.101-2 ) Best value is expected to result from selection of a technically acceptable proposal with the lowest evaluated price

• 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 All evaluation factors and significant subfactors that will affect contract award and their relative importance shall be clearly stated Possible Trade-offs: Technical, Past Performance, and Price/Cost

SOURCE SELECTION APPROACHES

Source Selection Authority (SSA)

– Often the Contracting Officer (KO)

– Ensures process conducted properly

– Ensures Source Selection Plan and Evaluation Criteria are consistent with solicitation

– Selects Best Value Offer

Source Selection Evaluation Board

– Conduct comprehensive review & evaluation of proposals against solicitation requirements and evaluation criteria and assign a rating

– Document deficiencies and basis of evaluation

– Identify necessary items for discussion

– Provide information to KO supporting debriefings of unsuccessful

Offerors

SOURCE SELECTION TEAM ROLES & RESPONSIBILITIES

Source Selection Authority

(SSA)

Source Selection

Evaluation Board (SSEB)

Technical Evaluation

Team

Cost/Price Evaluation

Team

CONTRACT VEHICLES

AND

PROJECT DELIVERY METHODS

Construction - Multiple Award Task Order Contract (MATOC)

• Multiple Indefinite-delivery, indefinite-quantity contracts under a single “pool”

• Types of Work:

Design-Build (DB) and Design-Bid-Build (DBB) Project Task Orders

• Step 1 – Select MATOC contractors (open competition)

• Step 2 – Individual task orders competed among MATOC contractors

Construction - Job Order Contract (JOC)

• Also known as a Single Award Task Order Contract (SATOC)

• One Indefinite-delivery, indefinite-quantity Contract Award

• Types of Work:

Sustainment, Restoration and Modernization (SRM) type of projects

• Task orders priced using a unit price book (UPB)

• Step 1 – Select JOC contractor

• Step 2 – Individual task orders negotiated with single JOC contractor

CONTRACT VEHICLES OVERVIEW

Environmental Services – Remediation MATOC

• Multiple Indefinite-delivery, indefinite-quantity contracts under a single “pool”

• Step 1 – Select MATOC contractors (open competition)

• Step 2 – Individual task orders competed among MATOC contractors

Architect and Engineering (A-E) Services – Indefinite Delivery Contracts (IDC)

• Various SATOCs

• All solicitations are based on most highly qualified

• Types of Work:

Design Non-design work

• Step 1 – Select A-E SATOC contractor(s)

• Step 2 – Individual task orders negotiated with single A-E contractor(s)

CONTRACT VEHICLES OVERVIEW

PROJECT DELIVERY METHODS

Design-Bid-Build

Design-Build

U.S. ARMY CORPS OF

ENGINEERS PART 3

MS. WHITTNI HISCOX

CONTRACT SPECIALIST

• Understanding the Solicitation

• Preparing your Proposal

• Exchanges with Offerors & Debriefings

• USACE/U.S. Government Specific Requirements

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

PART 3: OVERVIEW

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

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

• Understanding each section prior to preparing your first RFP response will certainly save you time.

UNDERSTANDING THE SOLICITATION PACKAGE

UNDERSTANDING THE SOLICITATION PACKAGE

Section 00 01 10 Table of Contents Section 00 01 15 List of Drawing Sheets Section 00 10 00 Solicitation, Contract Line Items (CLINs) Section 00 21 16 Instructions to Proposers Section 00 22 16 Supplementary Instructions to Proposers Section 00 45 00 Representations and Certifications Section 00 70 00 Conditions of Contract Section 00 72 00 General Conditions Section 01 00 00 General Requirements Section 00 73 00 Supplementary Conditions Section 00 74 00 Special Conditions Section 01 00 00 General Requirements Sections 02 00 00 – 49 99 99 Technical Sections

Solicitation and Contract Standard Forms (SFs)

• Standard Form 33, Solicitation, Offer and Award

• Standard Form 1449, Solicitation / Contract / Order for Commercial Items

• Standard Form 1442, Solicitation / Contract

• Standard Form 18, Request for Quotation

• Standard Form 26, Award / Contract

Request for Proposal (RFP): This is a negotiated contract where further discussion may take place after the proposal is submitted. The offeror may have the opportunity to change pricing or technical requirements. A SF 33 or SF 1442 must be signed and submitted. Once the government agency signs the appropriate form, the contract becomes binding. (Offer & Acceptance)

INFORMATION TO OFFERORS - SECTION 00 10 00

MAGNITUDES of CONSTRUCTION

The magnitudes are provided in FAR 36.204 and DFARS 236.204

Typical Language in the Solicitations:

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

INFORMATION TO OFFERORS - SECTION 00 10 00

$500,000 - $1,000,000 $1,000,000 - $5,000,000 $5,000,000 - $10,000,000 $10,000,000 - $25,000,000 $25,000,000 - $100,000,000 $100,000,000 - $250,000,000

Contract line items (CLINS) Price/Costs:

CONTRACT LINE ITEMS – SECTION 00 10 00

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

PROPOSAL PREPARATION INSTRUCTIONS - SECTION 00 21 16

This section provides instructions for preparing your proposal including:

PROPOSAL ORGANIZATION: Volume I – Technical Proposal Volume 2 – Price Proposal

FORMAT: Details regarding PDF readable format, font, and/or page limitation DEADLINES for submitting questions regarding the RFP and proposal due date PROPOSAL DELIVERY METHOD: For example, FBO, Email or hard copy submission, address, number of originals and copies, etc.)

NOTICES, CONDITIONS OR OTHER INSTRUCTIONS

EVALUATION CRITERIA - SECTION 00 22 16

This section will typically include:

Basis for Award:

Best Value determination Technical Factors level of importance

Evaluation Factors & Approach: Outlines how the agency will assess and evaluate the proposals.

Adjectival Ratings/Descriptions: Focuses on strengths and weaknesses of the proposal compared to the requirements in the SOW.

Typically, USACE will use no more than 5 evaluation factors.

Some example Evaluation Factors include:

• Management Approach: Approach to seamlessly perform the SOW (functional organization, lines of authority, roles and responsibilities, and interface with agency personnel).

• Technical Approach: Offeror’s approach to managing and operating the contract.

• Corporate Experience: Similarity of previous work.

• Past Performance: How well the offeror has performed work similar to that in the

SOW.

• Price: Must be fair and reasonable.

EVALUATION CRITERIA - SECTION 00 22 16

EXAMPLE: EVALUATION METHODOLOGY

NON-PRICE FACTOR COMBINED TECHNICAL/RISK RATINGS

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

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

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

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

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.

• Specific characteristics that are tied to significant requirements having an impact on the source selection decision

– Expected to be discriminators between the proposals

• Uniform baseline against which an offeror’s solution is evaluated to determine its value to the Government

• Used to measure how well each offeror meets RFP requirements

• Established specifically for each source selection

– Written by evaluation team

– Derived from market research and risk assessment

• Used to determine which source selection process is appropriate for the acquisition

MORE ON EVALUATION FACTORS

KEY DEFINITIONS

STRENGTH:

• An aspect of an offeror's proposal that has importance or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

WEAKNESS:

• A flaw in the proposal that increases the risk of unsuccessful contract performance.

SIGNIFICANT WEAKNESS:

• A flaw that substantially increases the risk of unsuccessful contract performance.

DEFICIENCY:

• A substantial failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

The Statement of Work (SOW) describes what the government agency wants you to do or supply.

Proposal Tips:

When responding to the SOW, don’t be afraid to be redundant and don’t assume the proposed agency already knows the SOW.

Demonstrate an approach to delivering on the listed SOW and illustrate your firm’s capabilities to the agency.

STATEMENT OF WORK - SECTION 01 00 00

In addition to the general FAR Clauses, this section will also include local clauses including:

CONTRACT CLAUSES/GENERAL PROVISIONS - SECTIONS 00 70 00 & 00 72 00

52.000-4059 LETTER OF ASSURANCE

52.000-4062 BANK LETTER OF GUARANTY

52.000-4103 DISCLOSURE OF LOBBYING ACTIVITIES

52.000-4133 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) – COUNTRIES WITH

WAIVERS

52.000-4092 INSTALLATION CLEARANCE / ACCESS REQUIREMENTS

STR 52.000-4004 IMMUNITY FROM LEGAL PROCESS

STR 52.000-4008 DESIGNATED COUNTRY CITIZENS ON USAREUR ACCESS-CONTROLLED

INSTALLATIONS

STR 52.000-4023 UNAUTHORIZED SERVICE

STR 52.000-4024 RELATIONSHIP BETWEEN GOVERNMENT, CONTRACTOR, AND CONTRACTOR

PERSONNEL

STR 52.000-4038 ENGLISH SPEAKING REPRESENTATIVE

STR 52.000-4043 CORRESPONDENCE IN THE ENGLISH LANGUAGE

STR 52.000-4074 TAX RELIEF

This section typically includes:

Terms for Inspection and Acceptance Deliveries or Performance

• Defines the terms of the contract and states any options to extend the term of the contract

• Lists the Delivery Dates for each CLIN of the contract Contract Administrative Data

• Invoice data Special Contract Requirements

• Security requirements and base access (if applicable

SUPPLEMENTARY CONDITIONS - SECTION 00 73 00

PREPARING YOUR PROPOSAL

• REMEMBER that each Solicitation is different.

• Follow each solicitation instructions EXACTLY. The solicitations will instruct you on what should be submitted, where and when. It is very important to follow those instructions in order to be competitive.

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

PROPOSAL TIPS

PROPOSAL DELIVERY METHODS

• Note that the U.S. Government is no longer using AMRDEC

• Proposals may be requested via Email or CD submission

• Expect to submit proposal using Bids/Responses feature on

FBO

Evaluations are consistent with the solicitation criteria

• Government cannot make assumptions about the Offeror, it must be included in the Offeror’s proposal

Proposals are not evaluated against one another

• Proposals are evaluated against the criteria outlined in solicitation

• Evaluating the offeror’s unique approach to the requirement

Government will issue Evaluation Notices (ENs) as the tool to understand discrepancies or obtain clarifications

• ENs are not providing or developing a solution for the Offeror, they are to obtain additional information

• ENs are specific to individual concern within an Offeror’s proposal

All source selections are governed by the DoD Source Selection Procedures

– http://www.acq.osd.mil/dpap/policy/policyvault/USA007183-10-DPAP.pdf

GENERAL INFORMATION FOR EVALUATION

EXCHANGES WITH OFFERORS

& DEBRIEFINGS

Clarifications – limited exchanges with offerors when award without discussions is contemplated. It allows for Questions and Answers on past performance issues or to correct minor clerical errors.

Communications – contact with the offerors on matters that may determine if they may or may not be in the competitive range such as adverse past performance or ambiguities. Contractors cannot revise their proposal.

Discussions - negotiations that occur after any competitive range decision that cover weaknesses, significant weaknesses and deficiencies with the idea that the offerors will revise their proposal.

Clarifications*

As needed with Award Without Discussion

Adverse past performance, not previously addressed

Past Performance Information relevance

Minor or clerical errors

* Neither Clarifications nor Communications allow for a Proposal

Revision

Communications* To determine competitive range Shall Adverse past performance information is determining factor in exclusion

May Inclusion or exclusion in competitive range is uncertain

Enhance Government understanding of proposal

Facilitate Government evaluation process

Address ambiguities, perceived weaknesses, omissions, mistakes, etc.

Discussions/Negotiations Conducted with offerors in the competitive range

Goal is to obtain best value

Discuss deficiencies, weaknesses, and other aspects of proposal to enhance award

Adverse past performance information to which offeror has not had opportunity to response

Discuss efforts above mandatory minimums

Conducted either orally or in writing or both

Areas my also include issued of compliance with RFP other than evaluation factors

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

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

Location: Wiesbaden, Germany Registration:

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

24-25 January / 25-26 April / 25-26 July / 24-25 October

Class space is limited to the first 35 students.

Registration deadline is two (2) weeks prior to start date.

There is no fee for course attendance. For other questions regarding registration or course information please email CENAU- EC-CQM@usace.army.mil.

CONSTRUCTION QUALITY MANAGEMENT COURSE (CONT.)

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 Health Occupational Requirements

• 01 45 01 USACE Quality Control

• 01 45 01.01 Additional Quality Control 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)

• Comprehensive contract administration software used for ALL construction contracts.

• E.g. Submittals, schedules, pay estimates, contract modifications

CPM SCHEDULE, PROGRESS PAYMENTS AND RMS

BREAK

USACE PROGRAM IN POLAND

MR. NICK BORDLEMAY

CHIEF, PROGRAMS ANALYSIS

UPCOMING PROJECTS IN POLAND

Vehicle Maintenance Facility

Controlled Humidity Warehouse

Controlled Humidity Warehouse

Controlled Humidity Warehouse

Controlled Humidity Warehouse

Controlled Humidity Warehouse

Operational Storage Building

UNCLASSIFIED//FOUO

• Range: $100M - $250M

• Stand-alone C-type Contract

• Includes:

Humidity Controlled Warehouses

(650,000 Square Feet) Vehicle Maintenance Facility Operational Storage Building Fuel Point, Wash Rack, and Entry

Control Point Perimeter Roads, Fencing, Lighting, and Employee Parking

• Planned Solicitation Date:

JAN 2019

LONG TERM EQUIPMENT STORAGE & MAINTENANCE (LTESM) COMPLEX

UPCOMING PROJECTS IN POLAND (CONT.)

FOR OFFICIAL USE ONLY

• Range: $25M - $100M

• Stand-alone C-type Contract

• Includes:

Storage Igloos Loading/unloading area with rail spur Barricaded Storage Area Entry Control Point Mass Grading, Utilities, Fencing, and Lighting

• Planned Solicitation Date: JAN

MUNITIONS STORAGE AREA

ADDITIONAL REQUIREMENTS FOR NSIP PROJECT

For projects which are funded by the NATO Security Investment Program (NSIP), National Competitive Bidding Plus (NCB+) procedures will be used.

Procurement will follow U.S. Procurement Laws and Regulations with the following caveats:

• Award can only be made to a firm from a NATO member nation

• All subcontractors must also be from NATO nation

• Manufactured items (to subassembly level) must also be sourced from NATO member nations

UPCOMING BASE CONTRACTS

Job Order Contract (JOC)

• Location: Poland

• Capacity: $49M

• Ordering Period: 5 years

• Task Order Range: $2K to $2M

• Design-Bid-Build

• Typical Projects: building renovations, roof replacements, fire alarm system repair, painting, replacing carpeting and flooring, utilities repair, fencing replacement, hardstand repair, lighting upgrades, mechanical system upgrades, etc.

• Planned Solicitation Date: JAN 2019

FOR OFFICIAL USE ONLY

Multiple Award Task Order Contract (MATOC)

• Location: Poland

• Capacity (shared): $49M

• Ordering Period: 5 years

• Task Order Range: $200K to $15M

• Design-Build & Design-Bid-Build Projects

• Typical Projects: larger building renovations, range improvements, new construction of facilities, roof replacements, fire alarm system repair, utilities repair, new hardstand construction or upgrades, airfield improvements and upgrades, etc.

• Planned Solicitation Date: JAN 2019

UPCOMING BASE CONTRACTS (CONT.)

FOR OFFICIAL USE ONLY

Anti-Terrorism/Force Protection (ATFP) Single Award Task Order Contract (SATOC)

• Location: Poland, Germany, Netherlands, and Belgium

• Capacity: $49M

• Ordering Period: 5 years

• Task Order Range: $5K to $2M

• Design-bid-build

• Typical Projects: security fencing, exterior lighting, installation of vehicle barriers, intrusion detection systems, video surveillance system installation, etc.

• Planned Solicitation Date: JAN 2019

For Fiscal Year 2019 Business Opportunities with the Europe District, visit:

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

POTENTIAL FUTURE POLAND WORK

–Potential Projects Include: Fuel Storage, Railheads, Rail Extensions, Staging Area, Barracks, Dining Facility, Ammunition Storage Areas, Washrack, Range Improvements, Operations Support Facilities, etc.

– “Large” Poland MATOC ($250M Capacity) to support future projects

• Design-Build & Design-Bid-Build Projects

• Task order range from approx. $200K to $50M

FOR OFFICIAL USE ONLY

QUESTIONS AND ANSWERS PANEL

THANK YOU FOR JOINING US!