21R0079.pdf

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) DESIGN-BUILD (DB)/DESIGN-BID-BUILD (DBB) MULTIPLE AWARD CONSTRUCTION CONTRACT FOR U.S. NAVY SUPPORT FACILITY, DIEGO GARCIA, BRITISH INDIAN OCREAN TERRITORY

A. Proposal Documents

(1) Section 00 01 10 - Table of Contents; (2) Section 00 10 00 - Solicitation; (3) Section 00 21 00 - Instructions; (4) Section 00 45 00 - Representations and Certif ications; (5) Section 00 70 00 - Conditions of the Contract; (6) Section 00 73 00 - Supplementary Conditions; (7) Section 01 00 00 - General Requirements

B. Standard Form (SF) 1442 Attachments and Exhibits Attachment 1: Pre-Proposal Inquiry Form; Attachment 2: NAVFAC Specifications - Diego Garcia MACC; Attachment 3: Seed Project, Repairs to GEODSS OPS Buildings F-631/F-632 Specif ications; Attachment 4: Seed Project, Repairs to GEODDS OPS Buildings F-631/F-632 Draw ings;

Attachment 5: Seed Project Inspection Photos; Exhibit A - Offeror Team; Exhibit B - Construction & Design Experience; Exhibit C - Safety Narrative; Exhibit D - Past Performance Questionnaire; Exhibit E - Price Proposal Form; Exhibit F - FAR Provision 52.229-11

ERIN Y. L. HOE 315-243-3418

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

04-Jan-2021

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________1825 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________05 Mar 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

NAVFAC FAR EAST

CORE EXECUTION TEAM

PSC 473 BOX 13

FPO AP 96349-0013

N40084

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N4008421R0079 62

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N4008421R0079

Section 00 01 10 - Table of Contents

ATTACHMENT TITLE PAGES DATE

1 Pre-proposal Inquiry Form 1 N/A 2 N4008421R0079 Diego Garcia MACC Specifications 363 24-NOV-

3 N4008421R0079 Seed Project F-631/632 Specifications 646 11-NOV-

4 N4008421R0079 Seed Project F-631/632 Drawings 29 05-JUN-2020 5 N4008421R0079 Seed Project Inspection Photos 28

EXHIBIT TITLE

EXHIBIT A to F ZIP FILE

A Offeror Team 1 N/A B Construction & Design Experience Project Data Sheet 2 N/A C Safety Narrative 1 N/A D Past Performance Questionnaire 4 N/A E Price Proposal Form 1 N/A F FAR Provision 52.229-11 2 N/A

DFARS 252.204-7000 Disclosure of Information applies to all Documents, Exhibits, and Attachments as well as FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems and DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls, 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information, and 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

Attachment 2 to 5 will be made available to Offerors via approved controlled document request in Contract Opportunities (beta.sam.gov). The point of contact for all attachments and exhibits is Ms. Erin Hoe, erin.hoe@fe.navy.mil.

Section 00 10 00 - Solicitation

SOLICITATION

A. GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACTS (MACC):

A MACC is a contract awarded from a single solicitation and may result in award to multiple contractors. This procurement consists of one (1) solicitation with the intent to award up to five (5) Indefinite Delivery/Indefinite Quantity (IDIQ) type construction contracts to the Offerors submitting the proposals determined to represent the best value – the proposals most advantageous to the Government, cost/price and other factors considered. Successful Offerors will compete for future work during the term of the contract.

B. DESCRIPTION OF ACQUISITION

1. This acquisition is for Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build (DB)/Design-Bid-Build

(DBB) Multiple Award Construction Contracts (MACC) for U.S. Navy Support Facility Diego Garcia (NSFDG), British Indian Ocean Territory (BIOT), with a five-year ordering period.

2. The resultant MACC, will be used to issue Task Orders for the design and construction of new construction, renovation/modernization, and routine repair/maintenance projects at U.S. Navy Support Facility Diego Garcia (NSFDG), British Indian Ocean Territory (BIOT). The proposed scope of work will be specified in each Task Order and may include, but is not limited to, office renovation, building demolition, built-in equipment repair/replacement, piping repair/replacement, pipe lagging, electrical work, mechanical work, road pavement, fencing, roofing, painting, site work, removal and disposal of lead based paint and asbestos containing material, welding, and masonry in the Diego Garcia area.

3. The Not-to-Exceed (NTE) amount for all the MACC contract awards combined is $249,000,000; it is not the maximum value of each individual MACC contract. The NTE capacity for the contract will be tracked using the U.S. dollar obligated amount of Task Orders and modifications at the time of execution.

4. Task Orders will range between $150,000 to $50,000,000 but may be other amounts by mutual agreement of the Government and Contractor.

5. Minimum guarantee is $100,000 each contract. A Task Order for the minimum guarantee will be issued concurrently with the award of the basic contract for the Offerors awarded a MACC, but not awarded the seed project.

C. DESCRIPTION OF SEED PROJECT

1. There is one (1) seed project for this solicitation, which will be awarded at the time of award of the MACC contracts.

Title: Design-Bid-Build Repairs to GEODSS OPS BLDG. F-631/F-632 at the US Navy Support Facility Diego Garcia, BIOT, Work Order Number (WON) 1585121

2. A Task Order for the seed project will be issued concurrently with the award of the basic contract to the contractor selected as the best value for the seed project.

3. In accordance with FAR 36.204, the magnitude of construction for the Seed Project is between $1,000,000 and $5,000,000.

4. In accordance with FAR 52.211-10 Commencement, Prosecution, and Completion of Work, the Offeror awarded the seed project shall be required to commence work for the seed project within 15 days after date of award, prosecute the work diligently, and complete the entire work ready for use not later than 343 days after date of Task Order award. The time stated for completion shall include final cleanup of the premises.

In accordance with FAR 52.211-12 Liquidated Damages, if the Offeror awarded the seed project fails to complete the work within the time specified in the Task Order for the seed project, the contractor shall pay liquidated damages to the Government in the amount of $800 for each calendar day of delay until the work is completed or accepted.

D. FULL AND OPEN COMPETITION

This acquisition is solicited on an unrestricted basis using full and open competition

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 249,000,000 Each Diego Garcia MACC

FFP

Indefinite Delivery/Indefinite Quantity (IDIQ) Design-Build (DB)/Design-Bid- Build (DBB) Multiple Award Construction Contract (MACC) for U.S. Navy Support Facility, Diego Garcia, British Indian Ocean Territory The Contractor shall provide all supervision, materials, equipment, labor, and any other incidental related work to perform the construction services specified in the basic contract, as supplemented in each task order.

The Not-To-Exceed (NTE) amount for all the MACC contract awards combined under Solicitation No. N4008421R0079 is $249,000,000; it is not the maximum value of each individual MACC contract.

The task order range is between $150,000 to $50,000,000 but may be other amounts by mutual agreement of the Government and contractor.

Refer to FAR 52.216-19 for order limitations. The ordering period shall be for five

(5) years.

Task orders will be solicited and awarded in US Dollars only.

FOB: Destination

PSC CD: Z2JZ

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 5 yrs. ADC 249,000,000 NAVFAC FAR EAST

INSPECTOR OF RECORD

FEAD DIEGO GARCIA

PSC 466 BOX 61

FPO AP 96595-0061

FOB: Destination

N40084

Section 00 21 00 - Instructions

INSTRUCTIONS

INSTRUCTIONS

A. AMENDMENTS

Amendments will be posted to the Government wide point of entry (GPE), currently betaSAM

(https://beta.sam.gov). Hard copies of the amendment will not be mailed. It is the Offeror’s responsibility to check the website periodically for any postings or amendments to the solicitation.

B. BID GUARANTEE AND BONDING REQUIREMENTS

A bid guarantee and performance bond are required by this solicitation. See, FAR 52.281-1, 52.228-15, and 52.228-2 for details.

C. RESTRICTION

In accordance with the 1987 Exchange of Notes, operations and construction contracts applicable to the

United States military installations on Diego Garcia shall henceforth be awarded by United States military authorities to joint-ventures exclusively between United States and united Kingdom firms unless no qualified joint-venture firm submits a reasonable offer for such contracts, in which case they shall be opened to United States firms.

In addition, the following conditions shall apply to such contracts involving any United States-United Kingdom joint venture:

a. Management control shall be vested in the United States partner or partners.

b. The percentage of participation between United States and United Kingdom firms shall be a matter for negotiations between members of the joint-venture consortium, but in no event shall United States participation be less than sixty percent, or United Kingdom participation below twenty percent.

Definition of U.K. Member/Contractor:

For the purpose of this contract, a U.K. member is defined as a contractor which has been certified as acceptable by an official designated for this purpose by the U.S. Government. To be eligible to propose for contracts on Diego Garcia, a U.K. member bust be one that:

(1) Has majority of the directors of the company or a majority of the partners in the partnership are British

Citizens:

(2) In the case of a company, has a majority UK shareholding;

(3) Holds a current UK tax certificate;

(4) Ordinarily carries on business in or from the UK;

(5) In respect of this contract will have a majority of its management, technical and supervisory staff who are British Citizens;

(6) Has performed technical, professional or construction services, similar in complexity, type of work and value to the contract;

(7) Is registered as an approved contractor by Companies House, the UK Department for Environment, Food and Rural Affairs (DEFRA) or named in the Register of Quality Assessed UK Companies.

Offerors are required to provide a copy of their certification to the issuing office concurrent with submission of their proposal.

Definition of U.S Member/Contractor For the purpose of this contract, a U.S. member/contractor is defined as:

(1) One whose headquarters, main business address, and principal place of business is one of the fifty states of the United States, the District of Columbia, Puerto Rico, the Virgin Island, American Samoa, or Guam;

(2) One which has been legally organized under the laws of one of the fifty states of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa or Guam;

(3) One which has filed any required local, state, federal franchise, employment, and income tax returns in each of the two tax years immediately preceding the initial issuance of the solicitation and has made any payment legally required for those years;

(4) One in which all of its officers, partners, or the sole proprietor, as the case may be, are U.S. citizens;

(5) One which has performed work similar in complexity, type of work, and value to this contract within the fifty states of the United States, its territories and possessions.

Each U.S. contractor participating in any joint venture must meet all five of the above criteria.

D. JOINT VENTURE REQUIREMENTS

Joint Ventures and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities with the offer:

a. A copy of the JV, LLC, or LTD agreement.

b. A detailed statement outlining the following in terms of percentages where appropriate:

i. The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

ii. The management approach in terms of who will conduct, direct supervise, and control.

iii. The structure and decision-making responsibilities of the partners/ parties in terms of who will control the manner and method of performance of work.

iv. Identify (by name and title) the personnel having the authority to legally bind the partners/parties (including authority to execute contract documents and bonds).

c. A list of partners/parties, to include company name, DUNS and CAGE numbers, address, point of contact, e-mail address, phone number and facsimile number.

NOTE: An offer may be rejected if the company name identified on the submittals and any bonds or guarantees is different from the JV, LLC or LTD name identified on the agreement.

d. Each joint venture shall provide a copy of the joint venture agreement to the contracting Officer with its proposal and shall provide an updated copy whenever any change is made to the agreement.

e. Together with its proposal, each joint venture partner shall submit evidence that it meets the criteria for a U.S. or U.K. contractor, as applicable, as defined above.

E. WORKFORCE COMPOSITION AND LABOR REQUIREMENTS

a. Composition of contractor workforce shall be consistent with the current agreement between the U.S. and the U.K. The workforce shall be hired from U.S., U.K. or Third Country National (TCN) sources in accordance with the agreement. Before a subcontractor or workers from a third country are introduced, the appropriate administrative authorities of the two Governments (U.S. and U.K.)

shall be consulted.

b. For those offerors anticipating the use of Filipino labor, the Government of the Philippines (GOP) requires its approval of contract proposals which contemplate use of its citizens. An official GOP document certifying GOP approval of employment terms for use of Filipino labor must be submitted within 10 days after award of the contract. Failure to submit such certification may result in contract termination. Interested offerors should direct all questions and coordinate all efforts regarding standards and requirements for timely GOP approval to the Labor Attache, American Embassy in Manila.

c. Contractor personnel are prohibited from engaging in any commercial enterprise or occupations on Diego Garcia other than the work covered by the contract. The prohibition specifically includes, but is not limited to, commercial fishing and oil or mineral exploration and production in or under those areas of the water’s continental shelf and seabed around Diego Garcia. Contractor employees may engage in part time employment outside of the contract only with written approval of the government and contractor.

d. The Contractor is prohibited from hiring military, DOD civilian, or other contractor personnel in the performance of this contract except when specifically approved by the Facilities Engineering and Acquisition Department.

e. Employee Dependents – There is no capabilities on Diego Garcia to support dependents or family style living. Contractor dependents will not be permitted to Diego Garcia at any time. There is a strict prohibition against military and civilian married couples being on the island according to the policy set forth in the Diego Garcia Regional Coordinator Instruction 1752.1C. In the event that this circumstance is discovered, the offending parties will be removed from the island. If two people marry while on the island, at least one will be sent off-island as soon as practicable.

F. ENFORCEABILITY OF PROPOSAL

The proposal must set forth full, accurate, and complete information as required by this solicitation. The Government will rely on such information in the award of the contract. By submissions of the offer, the Offeror agrees that all items proposed (e.g., key personnel, subcontractors, materials, design concepts, etc.) will be utilized for the duration of the contract and any substitutions shall require Contracting Officer’s approval.

G. FAR PROVISION 52.229-11 AND FAR CLAUSE 52-229.12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons. It implements the department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on august 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer, a U.S.

Department of Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. If not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment. Failure to submit IRS Form W-14 with a payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Line 6 and 7:

Line 6 Contract / reference number: N4008421R0079 Line 7 Name and address of acquiring agency:

Naval Facilities Engineering Command (NAVFAC) Far East City or town, state or province. Include postal code where appropriate Bldg 1828, 1F, Tomari-cho Yokosuka, Kanagawa, 238-0001 Country (do not abbreviate) Japan Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRF because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax, legal, or accounting professionals for advice concerning the provision, clause, and the execution/submission of IRS Form W-14. Additional information is also available at:

https://www.navfac.navy.mil/navfac_worldwide/pacific/fecs/far_east/about_us/contractors_information.hml However, Offerors are advised to consult Title 26 U.S.C. 5000C ant its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7 (see FAR 29.402-3, 31.205-41(b)(8)) for specific details and/or updates.

H. INCORPORATION OF PROPOSAL

The Contractor’s proposal, including revisions and amendments, made prior to contract award and a copy of which is in the possession of both parties, shall be incorporated into this contract upon award by reference with the same force and effect as it set forth in full text. In the event of any inconsistency between the provisions of this contract and the proposal, the inconsistency shall be resolved by giving precedence in the following order: (i) the contract (excluding the technical proposal) and then (ii) the proposal.

I. PRE-PROPOSAL CONFERENCE AND SITE VISIT

See Section 00 21 00 Instructions, FAR 52.236-72 Site Visit (Construction) (FEB 1995) – Alternate I (FEB 1995) for more information.

J. PRE-PROPOSAL INQUIRIES (PPIs)

All RFP questions and inquiries must be submitted in writing using the Pre-Proposal Inquiry Form (PPI), Attachment D, and submitted in writing via electronic mail to erin.hoe@fe.navy.mil , twenty (20) calendar days before the proposal receipt date.

The Government does not intend to respond to inquires submitted less than 20 calendar days before the proposal receipt date. Responses to inquiries will be provided in the form of a Notice and posted to the website (https://beta.sam.gov).

K. PRE-AWARD SURVEY/RESPONSIBILITY DETERMINATION

FAR 9.103 requires the Contracting Officer to make an affirmative determination of responsibility prior to making an award. The general standards for responsibility are outlined in FAR 9-104 and include having adequate financial resources to perform the contract or the ability to obtain them, being able to comply with the required performance schedule, having a satisfactory performance record, having the necessary organization, experience, accounting and operational controls, the technical skills, or the ability to obtain them, having the necessary production, construction, and technical equipment and facilities, or the ability to obtain them, and being otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation.

The Government may conduct a pre-award survey of Offerors to determine whether such Offeror is qualified and capable of performing the contract. The pre-award survey may involve examination of the Offeror’s financial and technical status and understanding of the contract requirements.

Requested information shall be forwarded within three (3) business days upon request or as indicated on the letter from the contracting Officer. Failure to provide requested information may result in rejection of the proposal.

The following are examples of the information that, upon request, the Offeror shall be required to provide in writing to the pre-award survey team.

1. Identification of the Contractor’s personnel and management to be used on this contract.

2. The Contractor’s technical and management plans for performing required services.

3. Description of Contractor’s facilities and equipment.

4. Summary of the Contractor’s experience in performing work of the type required by this specification.

5. Current financial statements and data.

6. Other work presently under contract.

7. Prior contracts for similar work, and the names and addresses of individuals with the organization issuing the contract who may be contacted for information concerning the contractor’s performance.

8. Contractor quality Control plan for this contract.

L. SYSTEM FOR AWARD MANAGEMENT REGISTRATION

Offerors must be registered and have an active status in the System for Award Management (SAM) at the time an offer is submitted. Offerors may obtain information on SAM registration and annual confirmation requirements via the SAM website accessed via https://www.sam.gov/ or by calling 866-606-8220 (U.S.

toll free) or 334-206-7828 (International). An offer from a contractor no register in the SAM or from a contractor whose SAM registration online Representations and certifications are not current will not be eligible for award.

M. SUMISSION OF OFFERS IN THE ENGLISH LANGUAGE

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

N. INCURRED EXPENSES

The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

O. PROPOSAL SUBMISSION – INSTRUCTIONS

1. PROPOSAL SUBMISSION

Proposals (with all required supporting documentation) shall be submitted by electronic mail (e-mail).

Hard copy proposals will not be accepted.

Proposals shall be emailed to the following address:

Contract Specialist, Ms. Erin Hoe Erin.hoe@fe.navy.mil

Subject line of email should be labeled: RFP N4008421R0079 IDIQ DB/DBB MACC DIEGO

GARCIA

No email sent shall be larger than 4 MB in size. If the proposing company must send multiple emails, then each email must be labeled with the subject as “Email x of n”, where x is the unique number and n is the total number of emails. The time stamp of when the email is received by the Contracting Officer shall be official, so please provide enough time when sending to allow for possible server delays.

2. PROPOSAL FORMAT

Offeror’s proposal must be submitted in accordance with the following instructions. Nonconformance may result in an unfavorable proposal evaluation.

Non-Cost/Price Proposal and Price Proposal shall be separate attached files and shall be labeled accordingly. All files shall be Adobe PDF formatted.

(1) Non-Cost/Price Proposal

The Non-Cost/Price Proposal shall be labeled “Non-Cost/Price Proposal”. All pages shall be numbered. Page limits, if stipulated, must be adhered to. Submissions related to the Factors shall be labeled and organized as follows:

Tab 1 – Factor 1, Technical Approach (Exhibit A, Offeror Team, including Organizational Chart, etc.)

Tab 2 – Factor 2, Experience (Exhibit B, Construction & Design Experience Project Data Sheet;

Letter of Commitment and Explanation of Meaningful Involvement of Subcontractor, if applicable.)

Tab 3 – Factor 3, Safety (Exhibit C, Safety Narrative

Tab 4 – Factor 4, Past Performance (CPARS evaluations or Exhibit D, Past Performance

Questionnaire; Explanations, if applicable)

The Non-Cost/Price Proposal and Price Proposal shall be submitted in accordance with the solicitation. The above list is provided for the Offeror’s convenience and is not exhaustive.

Offerors shall refer to Section 00 21 00 Instructions, Paragraph P of the solicitation (“Evaluation Factors for Award”) for details regarding each submittal requirement.

(2) Price Proposal The price Proposal shall be labeled “Price Proposal.” It should be organized as follows:

Tab 1 – SF 1442, with Blocks 14-20c completed, with all amendments acknowledged Tab 2 – Exhibit E, Price Proposal Form Tab 3 – Bid Guarantee

Tab 4 – Offeror Letter Tab 5 – Representations and Certifications Tab 6 – Latest Financial Statement

Tab 7 – Letter from Bonding Agent or Surety indicating single or aggregate bonding capacity Tab 8 – Copy of Joint Venture Agreement Tab 9 – Executed FAR Provision 52.229-11, Exhibit F *if applicable* Tab 10 – Complete IRS Form W-14, if applicable

3. TIMELY RECEIPT OF PROPOSALS

Offerors shall ensure that proposals (with all required supporting documentation) are received electronically no later than the date and time stated in Block 13A of the Standard Form (SF) 1442 “Solicitation, Offer, and Award (Construction, Alterations, or Repair)”, unless revised by a formal amendment. Proposals not received by the date and time specified shall be treated in accordance with FAR 52.215-1 “Instruction to Offerors – Competitive Acquisitions” and may be rejected. Ultimately, it is the Offeror’s responsibility to ensure timely proposal submission. An Offeror risks the late receipt and rejection of a proposal where it delays submitting its proposal until the last few minutes before the time set for receipt of proposals. Hard copy submissions will not be accepted.

P. BASIS FOR AWARD

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contracts; to negotiate with offerors in the competitive range; and to award the contracts to the offerors submitting the proposals determined to represent the best value—the proposals most advantageous to the Government, cost/price and other factors considered.

2. As stated in the solicitation, the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. The tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror.

4. As stated in the solicitation, Factor 1 – Technical Approach will only be rated Acceptable or Unacceptable. If an Offeror is rated Unacceptable in Factor 1, then they will not be eligible for award.

Technical factors (2 – Experience and 3 – Safety) when combined are of equal importance to the performance confidence assessment (4 - Past Performance) rating; and technical factors (2 and 3) and the performance confidence assessment (past performance) rating, when combined are approximately equal to price.

5. Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions.

Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal. The evaluation report must document the evaluation board’s assessment of the identified weakness(s) and the associated risk to successful contract performance resulting from the weakness(s). This assessment must provide the rationale for proceeding to award without discussions.

6. The Government intends to award no more than five (5) multiple award construction contracts. The minimum guarantee is $100,000 per contract, except one (1) Offeror will be awarded the seed project, which will also serve as a minimum guarantee. The Offeror submitting the proposal, conforming to the RFP, determined to represent the best value – the proposal most advantageous to the Government, cost/price and other factors considered, will receive award of the seed project. Any additional selected contractor awarded a basic contract but not awarded the seed project, will be awarded a minimum guarantee of $100,000, and selection will be based on the same criteria as the first selection.

Q. DEFINITIONS

The following definitions apply to the evaluation of the Non-Cost/Price Factors:

Strength: An aspect of an offeror’s proposal that has merit 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 appreciably increases the risk of unsuccessful contract performance.

Deficiency: A material 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.

Renovation and Repair Project Types: Refers to projects where the primary work modifies existing facilities.

New Construction: Refers to projects creating entirely new facilities (or new expansions/additions to existing facilities where a new structure and foundation is provided as part of the expansion/addition).

100% Complete:

For construction projects: The facility is completely constructed and ready for intended use.

For design projects: 100% plans and specifications signed off by the Architect-Engineer and ready for construction with final cost estimate. Does not include any Post Construction Award Support (PCAS)

Self-Perform: Refers to performing relevant and major construction trade work in-house without subcontractors.

This does not include project administration or management functions (such as quality control or safety program) and miscellaneous work (such as housekeeping or cleanup). Relevant and major construction trade work is the same or similar to the work that may be ordered under this contract.

R. EVALUATION FACTORS FOR AWARD

1. The solicitation requires the evaluation of price and the following non-cost/price factors:

Factor 1 – Technical Approach Factor 2 – Experience Factor 3 – Safety Factor 4 – Past Performance

The distinction between corporate experience and past performance is corporate experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

2. The relative order of importance for evaluation factors is as follows: Factor 1 – Technical Approach will only be rated Acceptable or Unacceptable. If an Offeror is rated Unacceptable in Factor 1, then they will not be eligible for award unless corrected during discussions. In making the best value award decision, the Government will consider Factor 2 – Experience, Factor 3 – Safety, Factor 4 - Past Performance, and price. The relative order of importance of the non-cost/price evaluation factors is that technical factor 2 – Experience and 3 – Safety are equal to each other and when combined are equal importance to the performance assessment (factor 4 – Past Performance).

The combined non-cost/price factors are approximately equal to price.

The importance of price will increase if the Offerors’ non-cost/price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non-cost/price proposal’s superiority to the Government. Award will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered.

3. Basis of Evaluation and Submittal Requirements for Each Factor.

(a) Non-cost/price Factors:

(1) Factor 1, Technical Approach:

(i) Solicitation Submittal Requirements: The composition and management of the firms proposed as the design-build (DB) team for this contract will be evaluated in this factor.

The Offeror should submit the following information:

(1) (a) Using Exhibit A (Offeror Team),

(i) provide a narrative describing the proposed primary construction firms and primary design firms for this contract;

(ii) the rationale for proposing this arrangement; and

(iii) provide the role, responsibilities, and contractual relationships between the various firms (see FAR Subpart 9.6).

(b) The narrative shall also include a simple organizational chart that clearly identifies the lines of authority between the entities. If the experience of an entity is being claimed in Factor 2, that entity must be named in the above narrative and organizational chart.

The technical approach narrative shall be limited to one (1) double-sided page (or two (2) single-sided pages) including the organizational chart. The information requested in item #2 below is not included in this page limitation.

(2) In addition to the narrative, the Offeror shall submit a signed copy of a joint venture agreement, partnership agreement, teaming agreement, approved mentor protégé agreement (MPA), or letter of commitment for each member of the Offeror’s team identified above (e.g., joint venture member, partner, team member, subcontractor, parent company, subsidiary, or other affiliated company, etc.).

(ii) Basis of Evaluation: The assessment of the Offeror’s technical approach will be used as a means to evaluate the organizational structure and teaming relationships proposed by the Offeror. This factor will be rated on an Acceptable or Unacceptable basis.

(2) Factor 2, Experience:

(i) Solicitation Submittal Requirements: The Offeror should submit the following information using Exhibit B (Construction & Design Experience Project Data Sheet):

(1) Construction Experience:

Submit a maximum of five (5) relevant construction projects for the Offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP.

For purposes of this evaluation, a relevant project is further defined as follows:

• A construction project with a total contract value (size) of at least $3,000,000;

• A construction project involving the following (scope): new construction of infrastructure or renovation, alteration, or repair of existing infrastructure; and

• A construction project with at least one of the following characteristics (complexity):

a. Construction or renovation, alteration, or repair of a multi-unit residential living facility, such as a Bachelor Quarters, dormitory, condominium or apartment building;

b. Installation, improvement and/or replacement of critical power realignment, shore to ship power systems, electrical distribution loop systems, emergency generators and other electrical distribution systems.

c. Structural waterfront work on piers, wharves, caissons, dry docks and other shoreline structures;

d. Installation and/or repair of fire suppression systems;

e. Installation and/or repair of Packaged Terminal Air Conditioner (PTAC) systems, Heating Ventilation and Air Conditioning (HVAC) systems or Dehumidification systems

f. Installation and/or repair of plumbing, or mechanical or electrical systems;

g. Roof replacement, recoating and/or repair;

Infrastructure is defined as: residential buildings; non-residential buildings including business and office, commercial, health care, educational, recreational, industrial and warehouse facilities; mixed use developments and planned unit developments; public work utilities systems; dredging and waterfront work on piers, wharves, caissons, dry docks, and other shoreline structures; airfields, roadways, and supporting facilities.

Note: A single project may satisfy more than one of the above minimum requirements.

Projects submitted for the Offeror should be completed within the past seven (7) years of the date of issuance of this RFP, or at least 80% complete at the time of proposal submission.

A project is defined as a construction project performed under a single task order or contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole should not be submitted as a project; rather Offerors should submit the work performed under a task order as a project.

The attached Construction & Design Experience Project Data Sheet (Exhibit B) is MANDATORY and SHOULD be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. Except as specifically requested, the government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet should not exceed one (1) double-sided page (or two (2) single-sided pages). Offerors failing to use and submit Exhibit B will be considered to have not met the requirements of Factor 2 and shall be rated Unacceptable.

For all submitted projects, the description of the project should clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e., unique features, area, construction methods).

If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects may be submitted for the Joint Venture members. Offerors who fail to submit experience for all Joint Venture members may be rated lower.

Offerors are still limited to a total of five (5) projects combined.

If the Offeror is/was a JV and would like to submit a project completed by the JV as a single entity to show the single entity’s experience/capability, said JV project must clearly demonstrate the percentage of work performed by each firm in the JV and the single entity Offeror must provide a detailed description of the work the single entity self-performed under the JV project in Exhibit B. Note: Offerors failing to submit the information requested will be considered to have not met the requirements of Factor 2 and shall be rated as a Deficiency.

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal should clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract.

The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offer must provide a letter of commitment and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract.

More weight may be given to the Offeror’s projects than to those submitted for subcontractors.

(2) Design Experience

While the seed project is not design-build, design-build projects are contemplated under this MACC. Therefore, the Offeror is required to address the design firm/team to be utilized for future task orders under this MACC.

Submit a maximum of five (5) relevant design projects for the design team that best demonstrates design experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as follows:

• A design project with a total construction cost (size) of at least $3,000,000;

• A design project involving the following (scope): new construction of infrastructure or renovation, alteration, or repair of existing infrastructure; and

• A design project with at least one of the following characteristics (complexity):

a. Construction or renovation, alteration, or repair of a multi-unit residential living facility, such as a Bachelor Quarters, dormitory, condominium or apartment building;

b. Installation, improvement and/or replacement of critical power reassignment, shore to ship power systems, electrical distribution loop systems, emergency generators and other electrical distribution systems;

c. Structural Waterfront work on piers, wharves, caissons, dry docks and other shoreline structures;

d. Installation and/or repair of fire suppression systems;

e. Installation and/or repair of Packaged Terminal Air Conditioner (PTAC) systems, Heating Ventilation and air Conditioning (HVAC) systems or Dehumidification systems;

f. Installation and/or repair of plumbing, or mechanical or electrical systems;

g. Roof replacement, recoating and/or repair.

Infrastructure is defined as: residential buildings; non-residential buildings including business and office, commercial, health care, educational, recreational, industrial and warehouse facilities; mixed use developments and planned unit developments; public work utilities systems; dredging and waterfront work on piers, wharves, caissons, dry docks, and other shoreline structures; airfields, roadways, and supporting facilities.

Note: A single project may satisfy more than one of the above minimum requirements.

Projects submitted should be completed within the past seven (7) years of the date of issuance of this RFP, or at least 80% complete at the time of proposal submission. For deign-build projects, the design portion of the contract should have been completed within the past seven (7) years of the date of issuance of this RFP, or at least 80% complete at the time of proposal submission. The design completion date should reflect the date that plans and specifications were complete, signed off by an Architect-Engineer, and approved for construction with final cost estimate, and does not include architect/engineering services during construction or Post Construction Award support (PCAS).

A project is defined as a complete design effort performed under a single task order or contract/subcontract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as whole should not be submitted as a project; rather Offerors should submit the work performed under a task order as a project.

The attached Construction & Design Experience Project Data Sheet (Exhibit B) is MANDATORY and SHOULD be used to submit project information. If the same project is being used to demonstrated construction and design experience, submit separate Project Data Sheets for construction and design. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet should not exceed one (1) double-sided page (or two (2) single-sided pages). Offerors failing to use and submit Exhibit B will be considered to have not met the requirements of Factor 2 and shall be rated Unacceptable.

For all submitted projects, the description of the project should clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e., unique features, area, construction methods).

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal should clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract.

The Offeror may utilize experience of a design subcontractor to demonstrate design experience under this evaluation factor. The Offer must provide a supporting joint venture agreement, partnership agreement, teaming agreement, or letter of commitment and an explanation of the meaningful involvement for the design subcontractor. Offerors proposing multiple design firms should submit relevant project experience for all design firms. Failure to do so may result in a lower rating. Offerors are still limited to a total of five (5) projects combined.

(ii) Basis of Evaluation: The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant construction and design projects as defined in the solicitation submittal requirements.