PREPROPOSAL CONFERENCE Competitive Small Busines Multiple Awards (MATOC)

1. PREPROPOSAL CONFERENCE Competitive Small Busines Multiple Awards (MATOC) Indefinite Delivery Type Contracts in Support of Military Construction 15 December 2009

2. Introductions/Welcome • FY10 Task Order Competition Projections • (What, Where, When, Value, etc.) Section 803 Discussion on MATOCs • (Fair Opportunity)

3. Agenda Competitive Task Orders 101 • Post-Task Order Award Issues • Pre-Construction Meeting – Notice to Proceed • Schedule of Values • User Requested Changes • Time Extension Modifications • Task Order Close-out • Open Floor Discussion • Proposal Requirements • Structure of CLINS • Requirement for Multiple Sub- Quotes • Exceptions to RFP/SOW Requirements • Proposal Lessons Learned • Task Order Selection Process • RFP Format • Basic Selection Steps • Notification of Awards • Performance / Payment Bond Issues

4. FY-2010 Mobile District {Potential Small Business MATOC Projects}

5. MATOC Pre-Proposal Conference CONSTRUCTION Task Order Contracting 101

6. CONSTRUCTION Task Order Contracting Task Order Contract – • a contract for services (including construction), that does not procure or specify a firm quantity of services • (other than a stated minimum or maximum quantity), • provides for the issuance of orders for the performance of defined tasks during the period of the contract.

7. FAR Part 16.505(b)(1)(2) – “fair opportunity” (b) Orders under multiple award contracts— (1) Fair Opportunity. (i) The contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,000, except as provided for in paragraph (b)(2). (ii) The contracting officer may exercise broad discretion in developing appropriate order placement procedures. The contracting officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order. The contracting officer must— (A) Develop placement procedures that will provide each awardee a fair opportunity to be considered; (B) Not use any method (such as allocation or designation of any preferred awardee) that would not result in fair consideration being given to all awardees; (C) Tailor the procedures to each acquisition; (D) Include the procedures in the solicitation and the contract; and (E) Consider price or costs under each order as one of the factors in the selection.

8. FAR Part 16.505(b)(1)(2) – “fair opportunity” (iii) The contracting officer should consider the following: (A) (1) Past performance on earlier orders; (2) Potential impact on other orders placed with the contractor; (3) Minimum order requirements; (4) The amount of time contractors need to make informed business decisions on whether to respond to potential orders; (5) Whether contractors could be encouraged to respond to potential orders by outreach efforts to promote exchanges of information, such as— (i) Seeking comments from contractors on draft statements of work; (ii) Using a multiphased approach when effort required to respond to a potential order may be resource intensive, where all contractors are initially considered on price considerations, and other considerations as appropriate. The contractors most likely to submit the highest value solutions are then selected for one-on-one sessions with the Government to increase their understanding of the requirements, provide suggestions for refining requirements, and discuss risk reduction measures. (B) Formal evaluation plans or scoring of offers are not required.

9. FAR Part 16.505(b)(1)(2) – “fair opportunity” • (2)Exceptions to the fair opportunity process: • (i) The agency need for services is so urgent that providing a fair opportunitywould result in unacceptable delays; • (ii) Only one awardee is capable of providing the supplies or services required at the level of quality required because the services ordered are unique or highly specialized; • (iii) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. • (iv) It is necessary to place an order to satisfy a minimum guarantee. • (3) Task and Delivery Order Ombudsman. The head of the agency shall • designate a task order contract and delivery-order contract ombudsman. The ombudsman must review complaints from contractors and ensure they are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The ombudsman must be a senior agency official who is independent of the contracting officer and may be the agency's competition advocate.

10. MATOC Pre-Proposal Conference Outline of the Task Order Process

11. Competitive Task Order Selection Process Section 01004of the Contract: • Project Identification and Prioritization • Notification of Proposed Task Order / Electronic RFP • Statement of Work {Definitized vs. Not Fully Definitized} • Evaluation Criteria • Proposal Preparation Submissions • Competitive Evaluations (Discussions if Necessary)

12. Electronic RFP via E-mail CESAM-CT-C Subject: New Task Order Request for Proposal for ..........................., FL. You are requested to submit a Firm-Fixed Priced (FFP) proposal for Family Support Complex, Phase I, at Tyndall AFB, FL as detailed in the specifications at the FTP website listed below. ftp://ftp.sam.usace.army.mil/pub/ENDW/MATOC/RFP%20NO.%208AGC-09-0001,%20MISSION%20SUPPORT%20COMPLEX,%20PHASE%20I,%20TYNDALL%20AFB,%20FL%20(M005F375)/ Award of this task order shall be made to the contractor considered to be the best value to the Government. Basis of award shall be lowest price, as stated in Section 01004 - Outline of the Task Order Process.

13. Electronic RFP via E-mail CESAM-CT-C, cont You are requested to submit your proposal by email to: liz.cotton@sam.usace.army.mil not later than Close of Business --------. Receipt will be governed by FAR Clause 52.215-1 entitled “Instructions to Offerors--Competitive Acquisition.” If additional information is required, please contact Liz Cotton at 251-441-5520 for general/contractual issues or Karen Williams at 251-690-2713, fax 251-694-3626, for technical issues.

14. Electronic RFP via E-mail CESAM-CT-C, cont. Price proposals shall consist of a Price proposal, consisting of a completed Bidding Schedule which is included in the FTP site package, and applicable price proposal breakdown information using the attached spreadsheet. All bidding schedule/price proposal submissions should be returned in .pdf format that cannot be edited. Price proposals must be submitted in order for your proposal to be considered. If a contractor does not wish to be considered for this particular task order, please respond in writing on or before the proposal due date, indicating the reasons why.

15. Electronic RFP via E-mail CESAM-CT-C, cont. Price Proposal should include the following: a. The contractor shall provide a FFP proposal for performance of this project as identified in the Scope of Work. b. The FFP shall be structured as described in the basic contract, and shall match the format of the Bidding Schedule.

16. CONSTRUCTION Task Order Contracting Contract Provision 4.3.2.3The RFP will describe the manner in which the proposed prices are to be submitted. This will normally be lump sum and/or unit prices for Bid Items designated in the RFP. Under the competitive proposal conditions, the prices for the CLINs, as provided in the original Solicitation CLIN Schedule, shall serve as the basis for establishing prices for the field overhead, design, and mark-ups, as applicable to the work involved in the requirement. The Contractor's costs for the CLINs may be equal to or less than, but shall not exceed, the costs shown in the contract CLIN schedule.

17. Electronic RFP via E-mail CESAM-CT-C, cont. The Government reserves the right to obtain breakdowns of the proposals, in the event discussion of prices are required in order to resolve differences between the proposals and the Government’s estimate. Such price discussions, normally, will be conducted with all Contractors that are competing on the same Task Order. However, a Contractor may be excluded from discussions, in the interest of efficiency and timeliness of the award of a Task Order, if their price is so unreasonable that it will have little or no chance of becoming competitive."

18. Electronic RFP via E-mail CESAM-CT-C, cont. To enhance your understanding of the task order requirements, a site visit is scheduled for December 15, 2009 at 1300 hours. All interested MATOC contractors are invited and strongly encouraged to attend. Please contact Mr. John P. Servant, Project Engineer, at Tyndall AFB FL, at telephone number (850) 789-1234, to participate in this site visit. There is no limit as to the number of company personnel that can attend. NOTE: Information obtained during the site survey visit, but not included in the scope of work is not contractually binding.

19. Electronic RFP via E-mail CESAM-CT-C, cont. Pricing submitted for this task order shall be good for a period of 90 calendar days after the proposal due date. If discussions are required during the selection process, any discussion responses and/or proposal revisions shall include updated pricing good for an additional 90 days after the discussion response due date.

20. Competitive Task Order Selection Process • Section 01004 of the Contract: • Statement of Work {Definitized vs. Not Fully Definitized} • Evaluation Criteria • Proposal Preparation Submissions • Competitive Evaluations (Discussions if Necessary)

21. Before the Initial Award of MATOC 8(a) Gulf Coast Region Submittal and Evaluation Criteria

22. After the Initial Award of MATOC North Region Possible Task Order Submittal and Evaluation Criteria

23. Competitive Task Order Selection Process • Section 01004 of the Contract: • Sole source Negotiations • 1. Satisfy the guaranteed contract minimum award obligations • 2. An urgent need exists, seeking competition would unduly delay award • 3. Sole Source due to logical follow-on, in the interest of economy/efficiency • 4. Highly specialized requirement and only one contractor is capable

24. Competitive Task Order Selection Process • Section 01004 of the Contract: • Task Order Award (DD 1155) • Notifications of Award / Unsuccessful Firms • Performance Bonding • Notice -To -Proceed

25. Small Business Pre-Proposal Conference Notice-To-Proceed (NTP) Standard Operating Procedures (SOP)

26. NTPSOP When performance and payment bonds are received in Contracting Division from the contractor, the bonds will be forwarded to Office of Counsel (OC) for review and approval. After the bonds are approved by OC, the specialist will notify (by e-mail) the Resident Office, Area Office and PM. After the field office notifies Contracting Division of the date the NTP should be issued, the Notice To Proceed (NTP) letter will be prepared and forwarded to the field for the Pre-Construction meeting. The contractor acknowledged signature and imprinted date, is the official NTP date. Day 1 for contractor performance is the next business dayafter the official acknowledged date.

27. Post Task Order Award Field Activities Administrative Contracting Officers (ACO’S) and Contracting Officer Representatives (COR’s), will be appointed for each construction task order. They will be appointed to utilize the same general inherent authorities, policies and procedures currently in place for construction contract administration within the South Atlantic Division. Reference Contract Administration Manual for Construction Contracts, as cited below. SADDM -1110-1-1http://www.sam.usace.army.mil/cd/SAD/DM1110-1-1/dm1110-1-1.htm SAMDM -1110-1-1http://www.sam.usace.army.mil/cd/dm1110-1-1/dm1110-1-1.htm

28. Task Order Contracting Changes within the scope of an existing Task Order Award may be made by modification issued either by the PCO (Procuring Contracting Officer) or the ACO using the contingency funds. All Task Order Modifications will be executed utilizing the SF30 form. All payments shall be made using the ENG Form 93 in CEFMS. The payment terms for CONUS task orders are 14 days. Prompt payment certificates shall be required for all task order payments, as is the case for all construction contract payments. "7.2 In accordance with FAR 36.201, the Contractor's or Contractors' performance will be evaluated upon completion of each Task Order of $500,000 or more; at the end of the Base Contract period; and at the end of each Option Period. As an alternative, the Contractors' performance may be evaluated upon completion of work on several small Task Orders with a combined total dollar value of $500,000 or more. Interim evaluations may be prepared at any time during contract performance when determined to be in the best interests of the Government. The individual Task Order evaluations will be prepared by the COR, with Contracting Officer approvals required for any ratings of Marginal and Unsatisfactory (Interim and Final) and Outstanding (Final).

29. Task Order Contracting Ongoing construction will be inspected and administered (business as usual) by the ACO/COR team. Each contract includes provisions in case of non–responding or non-performingcontractors within a given pool, as well as allow for the re-soliciting of a requirement within a pool if the task order contractor fails to adequately perform.

30. Poor planning on your part does not constitute an emergency on our part. Get your access requests in as early as possible!!! Installation access is controlled by the Security Forces/Provost Marshall of each particular installation. The Corps has no jurisdiction or authority in these processes. Most installations will not issue contractor badges for a period exceeding one year. Most badges are renewable for up to one year at a time. Contact your POC’s at the respective Area/Resident Offices for Installation specific guidance. Installation Access

31. South Alabama Area Office Area Engineer: Andy Adams (334) 255-3444 Ft. Rucker Resident Engineer: Steve Mlecik (334) 255-3612 Maxwell AFB Resident Engineer: Jerry Abernathy (334) 953-7028 Gulf Coast Area Office Area Engineer: John Rollyson (850) 609-0111 Eglin AFB Resident Engineer: Christine Boziak (850) 882-7024 Hurlburt Field Resident Engineer: Joey Walker (850) 884-6491 Tyndall AFB Resident Engineer: Vacant (850) 283-2795 Area/Resident Office POC’s

32. The Corps’ Resident Management System (RMS) and Quality Control System (QCS) will be used on all task orders. These systems are used to transfer data back and forth from the Corps and the prime contractor. Examples of the data transmitted are schedules (in SDEF format), pay requests, submittals, deficiency lists, punch lists, daily quality control reports. Mobile District RMS/QCS POC: Gary Browder (251) 690-2916, gary.w.browder@sam.usace.army.mil RMS and QCS

33. Example FormsPayment Estimate ENG 93

34. Example FormsModification Form SF-30

35. Example FormsContractor Performance Evaluation DD-2626

36. Joint MATOC Contractors Conference CONSTRUCTION Task Order Contracting Close Out Activities

37. Joint MATOC Contractors Conference Close-Out Procedures • ACO/COR should verify that work has been completed and must complete a performance evaluation before task order closeout is finalized.) • ACO/COR request final ENG 93 Payment Estimate from the contractor, in order to process final payment. • Final acceptance of work (including final payments) will be indicated by signature of the ACO and using the Mobile District’s established “STATEMENT OF PROCEDURES FOR CONTRACT CLOSE-OUT”.

38. OPEN FLOOR DISCUSSIONS!!! ------------- QUESTIONS???

39. Morning Agenda • Introductions/Welcome • FY09 Task Order Competition Projections • (What, Where, When, Value, etc.) Section 803 Discussion on MATOCs • (Fair Opportunity) NORTH REGION SOUTH ALABAMA REGION GULF COAST AREA CENTRAL/ SOUTH FL AREA 8(a) Regional MATOC $250M Gulf Coast Area May be used throughout SAD Boundaries