(A) MACC RFP NPT NLON Rev 1.pdf

NAVAL FACILITIES ENGINEERING SYSTEM COMMAND, MID-ATLANTIC

PUBLIC WORKS DEPT – FACILITIES ENGINEERING & ACQUISITION DIVISION

NAVAL SUBMARINE BASE NEW LONDON

PO BOX 400, BUILDING 135

GROTON, CT 06349-5026

POC: Kristin Zambarano (860) 694-5625 kristin.l.zambarano.civ@us.navy.mil

DESIGN-BUILD (DB) / DESIGN-BID-BUILD (DBB), INDEFINITE DELIVERY /

INDEFINITE QUANTITY (IDIQ), MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

FOR NEW LONDON, CT / NEWPORT, RI AORs

PROPOSED TASK ORDER: TBD

PROJECT TITLE: DLA Site Development DATE OF SOLICITATION: 06 July 2023

NEWPORT/NEW LONDON MACC HOLDERS: ML-C00073

*ONLY THOSE CONTRACTORS LISTED BELOW ARE ALLOWED TO BID ON THIS PROPOSAL*

N40085-22-D-0021

Addon Services LLC Robert Pastorelli & Prita Abraham 3425 Simpson Ferry Rd STE 201 Camp Hill, PA 17011 robert.pastorelli@addonservicesllc.com prita.abraham@addonservicesllc.com

N40085-22-D-0022 Armitage SAI JV Penny Armitage & Brendan Hanna 505 Ellicott Street, Suite A2 Buffalo, NY 14203 penny@armitagearchitecture.com bhanna@structuralassociates.com

N40085-22-D-0023 Black Horse Construction Group 681 Falmouth Rd Suite A-20F Mashpee, MA 02649 mary@blackhorsegroup.us

N40085-22-D-0024 CCI Facility Support Services, LLC Ralph Snow & Jeffrey Eaton 29 Bowdoin St., Ste. 109 Manchester, ME 04351 rsnow@cci-alliance.com jeaton@cci-alliance.com

N40085-22-D-0025

Doyon Management Services, LLC Anthony Wood 33 College Hill Road, #31 Second Floor Warwick, RI 02886

BD@doyongovgrp.com anthony.wood@doyongovgrp.com

N40085-22-D-0026 Swan Contracting Becky Brown 93 Old Greenfield Rd.

Peterborough, NH 03458 estimating@swan2b.com becky@swan2b.com

GENERAL REQUIREMENTS

NAVFAC Solicitation No: 5997283 NAVFAC Specification Work Order No: 1665401 Title: DLA Site Development Location of Work: Naval Submarine Base New London, Groton, CT

Description of Work: The scope of this project includes the installation of a pre-engineered storage maintenance facility with site improvements and incidental related work. Related scope includes sewer, electrical, HVAC, paving, fencing, and gate work, in accordance with specs and drawings. Performance is to take place on DLA property at Naval Submarine Base New London in Groton, CT. (Attachments B & C)

FAR 36.204(f) Disclosure of Magnitude of Construction: Between $1,000,000 and $5,000,000.

NAICS Code: 236220

PSC: Y1JZ

Time for Completion: All work shall be completed within 365 calendar days after contract award.

The proposed price shall be held at least 90 days.

Wage Determination: The following Department of Labor (DOL) General Wage Decisions applies to this Task Order: General Decision Number: CT20230024 MOD 07 dated 06/16/2023 (Attachment F). Should these wage determinations be updated by the DOL prior to award, the most current wage determination will be incorporated at time of award.

Clauses Incorporated by Reference:

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) FAR 52.204-27 Prohibition on a ByteDance Covered Application (June 2023) FAR 52.211–10 Commencement, Prosecution, and Completion of Work (APR 1984) FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) FAR 52.228-5 Insurance-Work on a Government Installation (JAN 1997) FAR 52.228-15 Performance and Payment Bonds – Construction (OCT 2010) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.246-12 Inspection of Constructions (AUG 1996) DFARS 252.204-7006 Billing Instructions (OCT 2005) DFARS 252.225-7059, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region – Representation (Jun 2023) DFARS 252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (Jun 2023) DFARS 252.232–7006 Wide Area Work Flow Payment Instructions (DEC 2018)

Clauses Incorporated by Full Text:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020) - Provision is attached. Complete representation and return with proposal.

(Attachment M)

FAR 52.211-12 Liquidated Damages—Construction (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $282.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

CLIN Item Description

Liquidated Damages Amount

Calendar Days to Complete

0001 DLA Site Development $282 365

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are— (i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);

or (ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are— (i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or

19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities.

Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a non-manufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause– __ By the end of the base term of the contract and then by the end of each subsequent option period; or X By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

52.228-1 Bid Guarantee (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g.,bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of clause)

FAR 52.236-15 Schedules for Construction Contracts (APR 1984)

(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(End of clause)

UFGS 01 31 23.13 20 Electronic Construction and Facility Support Contract Management System (eCMS) is applicable to this solicitation (Attachment L).

https://www.navfac.navy.mil/products_and_services/ci/about_us/capital_improvements_documents.html

Utilities: The Contractor is responsible for providing all of their own utilities.

CT Sales Tax: Contractors can fill out and use CERT-141, Contractor's Exempt Purchase Certificate, as the Navy is a qualifying Federal agency. This form can be given to subcontractors for use to purchase materials for this specific solicitation/contract number. As a result, Bidder shall NOT include Connecticut Sales and Use Taxes in their Bid Price. Bidder shall, however, include all, if any, APPLICABLE Federal and Local taxes in their bid price. A tax exempt number will not be provided.

SITE VISIT: Tuesday, 18 July 2023 10AM EST at the Naval Submarine Base New London, CT.

Visitor requests must be received no later than 9AM EST, 17 July 2023 via e-mail to:

stephen.s.meagher.civ@us.navy.mil and kristin.l.zambarano.civ@us.navy.mil.

This will be the only Government scheduled site visit. Please select no more than two (2) individuals per company.

Contractors are urged to pick up their one-day passes by 9AM EST on 18 July 2023.

1. Location: Meet in parking lot outside Building 135

2. Pre-Site Visit Requirements:

All visitors must show valid photo identification to enter. Valid ID includes: (1) verified driver’s license with a star on it, (2) an unverified driver’s license with a certified copy of birth certificate and social security card, OR (3) unverified driver’s license with valid US passport. All vehicles must have current registration and insurance. All visitors must be U.S. citizens. (Attachment H)

3. Site Visit Restrictions: N/A

4. Badging: You must go to the pass and ID office before entering the base.

Request for Information (RFIs): RFIs must be submitted in writing utilizing the attached RFI form (Attachment K) via email to kristin.l.zambarano.civ@us.navy.mil. An amendment will be issued with the consolidated RFIs answered. No further questions will be accepted after 10AM EST on 25 July 2023.

Proposal Due Date: Tuesday, 15 August 2023 at 12PM EST Proposals must be emailed to kristin.l.zambarano.civ@us.navy.mil.

EVALUATION FACTORS FOR AWARD:

1. The solicitation requires the evaluation of Price.

2. The proposed Task Order will be awarded to the lowest evaluated price.

PRICE

A. Price Submission:

Offeror shall submit one electronic proposal with the following:

• Price Proposal Form (Attachment G)

• Copy of Representation and Certifications from SAM

• FAR 52.204-24 Representation completed and signed (Attachment M)

• Bid Bond

• 8 ½ X 11 format

• Times New Roman, 12 point font

• Include a cover page with Solicitation Number, Solicitation Title, Prime Contractor Name, Address, Phone Number, Fax Number, UIE, Cage Code, Point of Contact, Phone Number, and Email Address.

B. Basis of Evaluation:

The Government will evaluate price based on the total price. Total price consists of the basic requirements and the additive bid item. In accordance with DFARS 25.236-7007, the low offeror shall be the Offeror that (1) is otherwise eligible for award; and (2) offers the lowest aggregate amount for the first or base bid item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive items that provide the most features within the funds determined available.

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

a. Comparison of proposed prices received in response to the RFP.

b. Comparison of proposed prices with the Independent Government Cost Estimate (IGCE).

c. Comparison of Proposed prices with available historical information.

d. Comparison of market survey results.

EVALUATION

1. 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.

2. The process is selected as appropriate for this acquisition because the best value is expected to result from selection of the proposal with the lowest evaluated price.

ATTACHMENTS

ATTACHMENT A – MACC RFP NPT NLON Rev 1 ATTACHMENT B – Specifications ATTACHMENT C – Drawings

ATTACHMENT D – NEPA

ATTACHMENT E – Site Approval ATTACHMENT F – CT Wage Determination ATTACHMENT G – Price Proposal Form ATTACHMENT H – General Requirements ATTACHMENT I – Base Map ATTACHMENT J – Map to B135 ATTACHMENT K – RFI Form ATTACHMENT L – ECMS Contractors Guide, UFGS 01 31 23.13 20

ATTACHMENT M – FAR 52.204-24

ATTACHMENT N – Guide to Taxes ATTACHMENT O – Sales Tax Exemption Form 2016-R-0149 ATTACHMENT P – Cert-141