Are You Ready? Understanding the US Army Corps of

Are You Ready? Understanding the US Army Corps of Engineers Contracting Procedures Presented by: Carole Householder, Contracting Officer Denise Polizzano, Area Engineer MAJ Kimberly Giles, Project Engineer Sherrie Plonski, Small Business Specialist US Army Corps of Engineers Pittsburgh District 20 May 2016 US Army Corps of Engineers BUILDING STRONG

AGENDA How we get the word out The anatomy of our solicitations Digging in the dirt – the nitty gritty of it all What happens after bid opening What happens after contract award Expectations during performance BUILDING STRONG

Publicizing Contract Actions FedBizOpps is the Government-wide Point of Entry (GPE) for information on all procurements exceeding 25k www.fbo.gov FBO Keyword search for Pittsburgh COE is “W911WN” BUILDING STRONG

Pre-Solicitation Notice Purpose “Improve small business access to acquisition information and enhance competition by identifying contracting and subcontracting opportunities.” FAR 5.201(c) BUILDING STRONG

Pre-Solicitation Notice All actions 25k require presolicitation notice. FAR 5.201 Exceptions at FAR 5.202 BUILDING STRONG

Pre-Solicitation Notice Pre-solicitation Notice must be published at least 15 days before solicitation issuance. BUILDING STRONG

Pre-Solicitation Notice Content Contracting Office Name and Address Contact Point or Contracting Officer North American Industry Classification System Code (NAICS) Proposed Solicitation Number Closing Response Date This is the beginning of a Set-aside Status bid/no bid decision do we? Description of Requirement Or don’t we? Place of Contract Performance Magnitude of Construction (no magnitude given for service or supply acquisitions) BUILDING STRONG

Solicitation If a pre-solicitation notice was issued on FBO, the written solicitation will be issued under the same announcement. “Watch” the opportunity in FBO to get notified automatically when the solicitation appears. BUILDING STRONG

Solicitation Forms: 150k Standard Form (SF) 18 150k Standard Form (SF) 1442 Construction Specifications Institute (CSI) Master Format 00010 Solicitation Contract Form 00100 Bidding Schedule/Instructions to Bidders 00600 Representations & Certifications 00700 Contract Clauses 00800 Special Contract Requirements Now let’s go through a sample solicitation Please refer to your handout BUILDING STRONG

OTHER CONSIDERATIONS Other areas to consider when putting together your bid Specification Requirements Call-outs in Scope/Drawings These additional areas need consideration when making your bid-no bid decision pricing your bid to gain a full understanding of expectations Let’s look at your handout for a sample of a Scope of BUILDING STRONG Work and talk about its anatomy

Understanding Specifications Measurement and Payment: Covers measurement and payment of items applicable to the performance of the work in the contract Payment items listed in bidding schedule Lists the payment item, unit of measure Items listed constitutes full compensation for furnishing all plant, labor, materials and equipment, performing QC, environmental protection, safety, tests and reports, and performing all work required BUILDING STRONG

Understanding Specifications Submittal Procedures: Describes types of submittals How to prepare submittals Submitting variations Requirements of the Submittal Register Scheduling submittals Approving authority and timeline Disapproved/rejected submittals and resubmittals Withholding of payment for non approved materials BUILDING STRONG

Understanding Specifications Special Procedures: Specific to project May include: Required submittals Access and work areas Hours of operations Sequence of work Work under other contracts Utilities Damage to work Limitations or restrictions Security requirements BUILDING STRONG

Understanding Specifications Governmental Safety Requirements: Describes safety requirements and procedures for the project Lists qualifications for SSHO and duties; states whether SSHO may be dual-hatted as QC Minimum requirements for APP, AHA, and additional safety plans Safety Mutual Understanding Mtg PPE requirements Accident reporting Monthly exposure reports Site specific safety requirements (hazardous material, lockout/tagout, LHE, shoring, fall protection, scaffolding, diving,etc) Specialized personnel or training BUILDING STRONG

Understanding Specifications Quality Control: Describes QC requirements and procedures for the project Minimum requirements for QC plan QC Mutual Understanding Mtg Lists qualifications for CQC personnel; states whether CQC may be dual-hatted as SSHO Specialized QC personnel and training Procedures for 3 phase inspections (prep, initial, follow-up) Testing procedures; approved labs Completion Inspection (punch-out, pre-final, final) Documentation (daily QC reports, test results, deficiencies, etc) BUILDING STRONG

Understanding Specifications Quality Control System: Describes the requirements and procedures for the contractor to use QCS Lists system requirements, and website for downloading QCS and users manual Describes required info entered into QCS for: Administration Finances Quality Control Submittal Monitoring Scheduling Import/Export of data BUILDING STRONG

Understanding Specifications Environmental Protection: Describes the requirements for the contractor to implement environmental protection Minimum requirements for EPP and additional plans, i.e. Spill control, solid waste disposal, waste minimization, E&S, air pollution control, contaminant prevention, wastewater management, and historical, archaeological, & cultural resources plans Project specific environmental considerations, i.e work limits, landscape, water resources, waste disposal Training of personnel Post construction cleanup BUILDING STRONG

Understanding Specifications Close-Out Submittals: Describes the requirements and procedures for As-Built drawings As-builts are construction contract drawing revised to reflect the final as-built conditions of the project because of modifications, changes, corrections to the project design required during construction Maintenance and review of AsBuilts throughout execution of the project Mark-up Guidelines Preliminary (working) As-Built Final As-Built BUILDING STRONG

Understanding Specifications Project Specific Specifications: Provides details on specific work required by the contract Lists various required submittals Product requirements Execution of work BUILDING STRONG

Bid Opening Location for bid submittal specified in solicitation. If hand-delivered, bid must be physically dropped into bid box before bid opening time. DO NOT SUBMIT BIDS IN RESPONSE TO AN IFB ELECTRONICALLY BUILDING STRONG

Bid Opening Each sealed bid will be opened publicly An announcement for each bid is made containing the following information: Bidder’s Name Bidder’s Address Total Bid Price Apparent low bidder will be announced at public bid opening. No questions will be entertained. BUILDING STRONG

Bid Opening Bid abstract will be posted to FBO before close of business on the same day of bid opening. NO debriefings to Bidders SO, WHAT HAPPENS NEXT? BUILDING STRONG

Bid Responsiveness For each bid received, the following will be checked: SAM Registration Reps & Certs Business Size Active Exclusions Acknowledgement of amendments Bid Signed Bid Bonds Pricing mistakes or other informalities Unbalanced Pricing BUILDING STRONG

Minor Informalities/Irregularities FAR 14.405 Matter of form, not substance Can be corrected or waived without being prejudicial Number of copies of signed bids required Signed bid – only if bid is accompanied by other material indicating bidder’s intent to be bound by unsigned bid (i.e. bid guarantee) Acknowledgement of amendments – only if bid clearly indicates receipt of amendment or amendment has no effect on price, quantity, quality, or delivery. BUILDING STRONG

Mistakes in Bid 14.407-1 Bid verification request from Contracting Officer Considerations: Wage Rates Adequate Staffing Proper Equipment (Rent or Buy) Proper Facilities Unique Site Conditions Prime on Site Subcontracting Costs Insurance Costs BUILDING STRONG

Apparent Clerical Mistakes FAR 14.407-2 Apparent on face of bid Misplaced decimal point Obvious incorrect discounts Obvious mistake in designation of unit Bid will be verified and can be corrected BUILDING STRONG

Other Mistakes FAR 14.407-3 Any alleged mistakes that are not apparent clerical mistakes after bid opening BUILDING STRONG

Bid Correction If a bidder requests permission to correct a mistake: Must provide clear and convincing evidence establishing both – the existence of the mistake, and the bid actually intended Agency Head may permit correction if it would not displace one or more lower bids BUILDING STRONG

Withdrawal Agency Head may determine withdrawal not permitted, but correction allowed, if a bidder requests permission to withdraw rather than correct – Evidence is clear and convincing both as to the existence of a mistake and as to the bid actually intended; and The bid, both as uncorrected and corrected, is the lowest bid received BUILDING STRONG

Withdraw An official above the Contracting Officer may make a determination permitting the bidder to withdraw the bid: If evidence of a mistake is clear and convincing only as to the mistake but not as to the intended bid, or evidence reasonably supports the existence of a mistake but is not clear and convincing BUILDING STRONG

Withdraw Agency Head may determine that the bid be neither withdrawn nor corrected If evidence is not clear and convincing as to the mistake and as to the bid actually intended BUILDING STRONG

Pre-Award Survey Past Performance (Past Performance Information Retrieval System-PPIRS) Apparent low bidder will be requested to provide: Financial ability to perform the contract Business & financial reputation and integrity Experience Business on hand (description & dollar amount) Equipment & facilities Key Personnel BUILDING STRONG

Successful Bidder Determined YOU GOT THE CONTRACT!!! WHAT’S NEXT? BUILDING STRONG

Contract Award Contract prepared and successful bidder letter sent with contract Unsuccessful bidder letters sent BUILDING STRONG

Contract Award Successful bidder requested to submit Performance and Payment Bonds within 10 days after Notice of Award. 10 Notice to Proceed (NTP) issued once acceptable Performance and Payment Bonds received & approved. BUILDING STRONG

TIMELINE – PREAWARD – Invitations for Bid Orange Government Activities Green Contractor Activities Contractor gathers info to price contract, Apparent Low Bidder submits info to KO attends site visit, builds required team, for Pre-Award Survey, verifies bid, etc. submits bid FBO Presolicitation Notice Posted – 15 days 0 Solicitation posted to FBO30 days 15 PREAWARD PHASE ENDS Successful Bidder Determined Bids Opened – Pre-award Survey begins 60 45 Gov’t Builds Contract & obtains reviews Rq’d Release Contract to Awardee 90 75 BUILDING STRONG

TIMELINE – POST AWARD Orange Government Activities Green Contractor Activities POST AWARD PHASE BEGINS – starts with Notice of Award Contractor gathers submittals throughout performance as rqd by SOW ongoing activity Review Notice of Completed. Review Award Notice to Bonds & issued Insurance Proceed Issued 10 Days 10 Days Notice to Bonds / Proceed Insurance Acceptance to Gov 10 days 10 Days Compl Date Est. 0 10 17 Contractor begins working with ACO Work must start within 10 days 10 Days Working on Submittals can constitute start of performance “Big 3” QCP, APP, EPP Initial materials approvals 10 Days 27 WORK MUST BEGIN 37 . Performance Time Clock Commences LARGE contracts: Precon is held – w/in 1st 2 wks of NTP BUILDING STRONG

TIMELINE – Pre Performance Activities Orange Government Activities Green Contractor Activities Blue Gov/Contr Mutual Activities Contractor gathers submittals throughout performance as required by SOW ongoing activity Review Preconstruction Mutual LARGE submitted Plans Understanding Contracts Conference held (QC, APP, EPP) w/in 10-day NTP Meeting Initial submittals period Approx. 7 days later 30 Days 27 . .37 67 74 Req’d activities following NTP acceptance differ based on how large/complex the project NTP SMALL Contracts Review & Approve QC/APP Pre-Work Meeting 7 14 or 21 days depending approx. 7 days after approval 37 . 58 PHYSICAL WORK MAY BEGIN Substantially complete by establ. compl. date 65 Performance Time Clock continues BUILDING STRONG

TIMELINE – Performance Activities Orange Government Activities Green Contractor Activities Blue Gov/Contr Mutual Activities Contractor gathers submittals throughout performance as required by SOW. Ongoing activity from beginning to end PHYSICAL WORK BEGINS! Punch List Developed Performance Time Clock continues Pre-Final Inspection Contract Close-Out Completion no later than established completion date from NTP Substantial Completion Date Established CLOCK STOPS TICKING BUILDING STRONG

Final Completion Activities Orange Government Activities Green Contractor Activities Blue Gov/Contr Mutual Activities O&M Manuals Warranties As-Built Dwgs Contractor submits to ACO as final submittals due. Test Results, etc Contract Close-Out Estab. Final Quantities Performance Eval. Contractor gets to review & rebut Other Bond Adjustment & Release Cannot happen unless other Final Payment & activities are complete. Release of Claims BUILDING STRONG

Here’s What We Covered How we get the word out The anatomy of our solicitations Digging in the dirt – the nitty gritty of it all What happens after bid opening What happens after contract award Expectations during performance BUILDING STRONG

Questions? US Army Corps of Engineers Pittsburgh District 20 May 2016 US Army Corps of Engineers BUILDING STRONG