Corps of Engineers Industry Day Information Briefing

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Corps of Engineers Industry Day Information
Briefing
Brenda Wynne-George Chief, Contracting Division
National Great Rivers Museum 26 October 2009
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AGENDA

• OPENING REMARKS COL OHARA
• ADMINISTRATIVE REMARKS
• DISTRICT OVERVIEW
• LEGAL CONTRACT CLASSIFICATION
• BREAK (10 MINUTES)
• DISTRICT PROJECTS
• QUESTIONS
• WRAP-UP

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• An Army Values-Based Organization
• Focused on the Missions of Those We Serve
• Dedicated to Public Service
• A Vital Part of the Army

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Mississippi Valley Division
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St. Louis District
To manage the 300 mile Mississippi River
watershed above the Ohio River through the
application of engineering, scientific, and other
resources while preserving, restoring and
enhancing the environment maintain core
competencies needed to respond to emergencies and
technical requirements.

• 10 rivers
• 5 lock dam sites
• 5 Reservoirs
• 750 miles of levees
• 92 flood control systems
• 416 miles of navigable channel
• 70 pumping plants
• 162 recreation areas
• 1 hydropower plant

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MISSION AREA

• Navigation
• Flood Risk Management
• Ecosystem Restoration
• Environmental Stewardship
• Emergency Management
• Water Supply
• Hydropower
• Recreation
• Regulatory
• FUSRAP

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FY10 Program Projections

• Non-Stimulus 152 M
• Stimulus 205 M
• VA Support 18 M
• __________________________________________________
  _
• Projected Small Business Allocations
• Overall Totals 35
• Small Business
• Small Disadvantage Business
• Woman Owned Small Business
• HUB Zone
• SD Vets

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(No Transcript)
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Legal Aspects of Contract Classification
Beth Pitrolo Assistant District Counsel
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Service Contracts

• Defined in FAR 37.101
• Contract that directly engages the time and
  effort of a contractor whose primary purpose is
  to perform an identifiable task rather than to
  furnish an end item of supply
• Specific examples
• Maintenance
• Overhaul repair
• Servicing
• Rehabilitation
• Salvage
• Modernization or Modification of Supplies,
  Systems or Equipment
• Contracting Officer is responsible to determine
  whether an acquisition is classified as a service
  contract procurement, in consultation with legal
  counsel
• Rates under the Services Contract Act of 1965 are
  required

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Construction Contracts

• Payment of Davis-Bacon Act Wage Rates Required
  (FAR 22.403-1)
• Mechanics and Laborers Paid Prevailing Wage
  Rate"
• for work in US and for contracts gt 2,000
• rates determined by the Department of Labor
• based on wages paid locally to "majority of a
  class of employees"
• When and What For?
• contracts involving "construction, alteration or
  repair (including painting and decorating)" of
  public buildings or public works
• "construction, alteration or repair defined as
  all types of work including
• Altering
• Remodeling
• Painting and decorating
• Manufacturing of materials on the site of the
  building by persons employed by the contractor.
  FAR 22.401.
• building or work" is defined as construction
  activity and includes structures and improvements
  such as
• Bridges, dams, plants
• Highways, parkways, streets, subways, tunnels
• Sewers, mains, power lines, pumping stations
• Railways, airports, terminals, docks, piers,
  wharves, ways, lighthouses, buoys, jetties,
  breakwaters, levees, canals

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Non-Construction Items

• Manufacture or furnishing of materials, articles,
  supplies or equipment unless conducted in
  connection with and at the site of such building
• Servicing and Maintenance
• Dismantling, demolition or removal of
  improvements, UNLESS
• The work is part of a construction contract, or
• If construction at the site is anticipated by
  another contract. (FAR 22.402)

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Summary
1) The Davis-Bacon Act portion of the FAR applies
to construction contracts, and requires active
construction of a building or work 2) The
Davis-Bacon Act portion of the FAR only applies
to dismantling, demolition or removal of
improvements if that is part of another
construction contract 3) The Service Contract Act
portion of the FAR applies to maintenance,
overhaul repair, servicing, rehabilitation,
salvage, modernization or modification of
supplies, systems or equipment
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Break 10 Minutes
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(No Transcript)
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Typical Contracts used in Operations

• Supply Contracts
• Service Contracts
• Construction Contracts

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Supply Contract

• Lift Gate Leaf
• Automatic Fee Collection Machines
• Culvert Valves
• Pedestrian Bridge
• Walkway Bridge
• Comfort stations in recreation areas
• Lock Maintenance Bulkhead

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Service Contracts

• Boundary Maintenance
• Janitorial
• Landscaping
• Cleaning
• Solid Liquid Waste Disposal
• Park Attendants

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Construction Contracts

• Campground modernization
• Upgrade water/sewer systems
• Road Paving
• Gate Rehabilitation at Locks and Dams

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American Recovery Reinvestment Act of 2009

• www.recovery.gov
• PL 111-5 Signed Feb 17, 2009
• Ready to Proceed
• Be obligated/executed quickly
• Result in high, immediate employment
• Have little schedule risk
• Be executed by contract or direct hire of
  temporary labor
• Does not require additional funding

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Ongoing ARRA

• Visitor Center Design / Construction
• Campground Modernization
• Shoreline Protection
• Lock Dam valves, gates, bulkheads
• Rip Rap

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Projects in Design

• Mel Price Miter Gate Cylinder Retrofit
• 500K-1M
• SB Set Aside (Award Date 2nd Quarter)
• Mel Price Tainter Gate Rehabilitation
• 100-250K
• SB Set Aside (Award Date 3rd Quarter)
• Service Bridge Crane Rail Connectors Installation
• 250-500K
• SB Set Aside (Award Date 3rd Quarter)
• Lock 27 Miter Gate Replacement
• 5-10 Million
• Unrestricted (Award Date 4th Quarter)

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Examples of Upcoming ARRA

• Lower Dike Revetment work
• 1-5M
• Unrestricted (Award Date 2nd Quarter)
• Lock 27 Lower Sill Tiedowns
• 5-10M
• Unrestricted (Award Date 4th Quarter)
• Lock 27 Construct cell protection
• 1-5M
• Unrestricted (Award Date 4th Quarter)

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Questions Answers Closing Comments
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Serving Our Region
Awareness Communication Seeking
Solutions Collaboration
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Points of Contact
COL Thomas E. OHara, Jr. District Commander
[phone] LTC Robert J. Bayham, Deputy
District Commander [phone] Dennis
Fenske, Acting Deputy for Planning, Programs, and
Project Mgt. [phone] Dave Busse, Chief,
Engineering-Construction Division (314)
331-8202 Peg OBryan, Chief, Operations Division
[phone] Brenda Wynne-George, Chief,
Contracting Division [phone] Glenn
Chatman Deputy for Small Business [phone]