General Requirements.pdf

NAVAL FACILITIES ENGINEERING COMMAND, MID-ATLANTIC

9324 VIRGINIA AVE, BLDG Z-144, ROOM 225

NAVAL STATION NORFOLK, NORFOLK, VA 23511

POC: Philip Cole, 757-341-1970, philip.j.cole@navy.mil

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

QUANTITY (IDIQ) MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR

FACILITIES IN THE NORTH AREA OF RESPONSIBILITY (AOR) TO INCLUDE

CONNECTICUT, DELAWARE, MAINE, MASSACHUSETTS, NEW HAMPSHIRE, NEW

JERSEY, NEW YORK, PENNSYLVANIA, RHODE ISLAND, AND VERMONT

PROPOSED TASK ORDER: ACQR6060340 OWTF Clean, Inspect, Repair Tanks 10-3-7

DATE OF SOLICITATION: 14 June 2024

NORTH AOR MACC CONTRACT HOLDERS:

N40085-21-D-0052 Benaka Inc.

7 Lawrence Street New Brunswick, New Jersey 08901 POC: C.N. Manjunath Phone: (732) 246-7060 Email: benaka@benakainc.com

N40085-21-D-0053 CCI Utility and Construction Services, LLC 111 W. 16th Avenue, Suite 402 Anchorage, AK 99501 POC: Ralph Snow, Jeffrey Eaton, Tim Nichols Phone: (207) 485-6701 Email: rsnow@cci-alliance.com jeaton@cci-alliance.com const-estimating@bbch-llc.com const-proposals@bbch-llc.com

N40085-21-D-0054 Kunj Construction Corporation 163 B Paris Avenue Northvale, NJ 07647 POC: Neekunj Bhanderi Phone: (201) 694-7617 Email: neekunjb@gmail.com

N40085-21-D-0055 Ocean Construction Services 104 Aragona Boulevard, Suite 101 Virginia Beach, VA 23462 POC: Kara Laskowski Phone: (757) 200-9590 Email: bids@ocsinc.us

N40085-21-D-0056 PEM-Harkins Joint Venture 6161 Busch Boulevard, Suite 255 Columbus, OH 43229 POC: Radagodage Sumanaweera Phone: (614) 573-7299 Email: tsumanaweera@peminc.biz

N40085-21-D-0057 Tantara Corporation 54 Mason Street Worcester, MA 01610 POC: Dawn Dearborn Phone: (508) 752-5599 Email: DDearborn@tantaracorp.com

N40085-21-D-0066 J&J Contractors, Inc.

101 Billerica Avenue, Building 5, Suite 205 North Billerica, MA 01862 POC: Kamlesh Patel Phone: (978) 259-2454 Email: kamp@jjcontractor.com

GENERAL REQUIREMENTS

NAVFAC Solicitation No: ACQR6060340

NAVFAC Specification Work Order No: 1706055

Title: OWTF Clean, Inspect, Repair Tanks 10-3-7

Location of Work: Naval Submarine Base New London, Groton CT

Description of Work: Base Contract: The Contractor shall provide all labor, materials, and equipment to drain, clean, inspect, repair, prepare, and recoat Tank 10 at the OWTF in accordance with the requirements in Section C and all subsections of Section C of the Statement of Work (SOW). Option 1: The Contractor shall provide all labor, materials, and equipment to drain, clean, inspect, repair, prepare, and recoat Tank 3 at the OWTF in accordance with the requirements in Section D and all subsections of Section D of the SOW. Option 2: The Contractor shall provide all labor, materials, and equipment to drain, clean, inspect, repair, prepare, and recoat Tank 7 at the OWTF in accordance with the requirements in Section E and all subsections of Section E of the SOW. (Attachment A-B, D)

FAR 36.204(e) Disclosure of Magnitude of Construction: $500,000 to $1,000,000.

NAICS Code: 236220

FSC/PSC: Z1JZ

Time for completion: All work shall be completed within 180 calendar days after contract award.

The 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: CT20240024 dated 6/7/2024 (Attachment C). 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:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-26, Covered Telecommunications Equipment or Services-Representation 52.204-27 Prohibition on a Bytedance Covered Application (June 2023) 52.211-15 Defense Priority and Allocation Requirements (APR 2008) 52.222-50 Combating Trafficking in Persons (CTIP) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

(DEVIATION 2024-O0013 REVISION 1)

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (MAR 2022) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (JAN 2023) 252.225-7059, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region – Representation (Jun 2023) 252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (Jun 2023) 252.225-7966, Prohibition Regarding Russian Fossil Fuel Business Operations – Representation (MAR 2024) 252.225-7967, Prohibition Regarding Russian Fossil Fuel Business Operations (FEB 2024) 252.232–7006 Wide Area Work Flow Payment Instructions (JAN 2023)

Clauses Incorporated by Full Text:

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 $942.00 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.

CLIN

Item

Description

Liquidated Damages Amount

Calendar Days to Complete

0001 Tank 10 $942.00 45 Option 1 Tank 3 $857.00 45 Option 2 Tank 7 $735.00 45

52.217-5 Evaluation of Options (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-6 Option for Increased Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 45 days after contract award. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

52.219-14 LIMITATIONS ON SUBCONTRACTING (FEB 2023) (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 nonmanufacturer 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.

(End of clause) (Attachment O)

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.

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.

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

https://www.navfac.navy.mil/products_and_services/ci/about_us/capital_improvements_docume nts.html (Attachment G)

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. (Attachments H-J)

SITE VISIT: Thursday, 20 June 2024 10:00AM EDT at the Naval Submarine Base New London, CT. Visitor requests must be received no later than 10:00AM EDT, 18 June 2024 via e-mail to:

robert.l.sosnoski.civ@us.navy.mil and nicole.l.fellers.civ@us.navy.mil. (Attachments K-N)

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 9:00AM EDT on 20 June 2024.

1. Location: Meet at Building 135. Please enter the main parking lot entrance on the west side of the building.

2. Pre-Site Visit Requirements:

a. All visitors must show valid photo identification to enter. Valid ID include: (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 U.S. passport. All vehicles must have current registration and insurance.

b. All visitors must be U.S. citizens.

3. Site Visit Restrictions: Electronic devices may be prohibited in the building. There will be no ladders for contractors to use.

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

Contractors who do not currently have a Rapid Gate Pass must submit a one day pass request using Base Access Pass Request Form (Attachment N) no later than 10:00AM EDT, 18 June 2024 via e-mail to: robert.l.sosnoski.civ@us.navy.mil and nicole.l.fellers.civ@us.navy.mil.

Request for Information (RFIs): RFIs must be submitted in writing utilizing the attached RFI form (Attachment E) via email to nicole.l.fellers.civ@us.navy.mil. Multiple RFIs may be submitted in letter format on company letter head, but must contain the same level of detail required on RFI form.

An amendment will be issued with the consolidated RFIs answered. No further questions will be taken after 10:00AM EDT on 27 June 2023.

**Proposal Due Date: 15 June 2024 at 10:00AM EDT

Proposals must be emailed to nicole.l.fellers.civ@us.navy.mil. (Attachment P)

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

1. Price Submission:

Offeror shall submit one electronic proposal with the following:

• Price Proposal Form (Attachment F)

• Copy of Representation and Certifications from SAM

• 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, TIN, UIE, Cage Code, Point of Contact, Phone Number, and Email Address.

2. Basis of Evaluation:

The Government will evaluate price based on the total price. Total price consists of the basic requirements and the option items.

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 – SOW

ATTACHMENT B – Bldg 553 Site Plan ATTACHMENT C – Wages CT20240024 ATTACHMENT D – NEPA Environmental Checklist ATTACHMENT E – NAVFAC RFI Form ATTACHMENT F – Price Proposal Form ATTACHMENT G – ECMS Contractors Guide, UFGS 01 31 23.13 20 ATTACHMENT H – CERT-141 Tax Form ATTACHMENT I – Guide to Taxes ATTACHMENT J – 2016-R-0149 Tax Info ATTACHMENT K – Map to B135 ATTACHMENT L – Base Map ATTACHMENT M – General Requirements ATTACHMENT N – Base Access Pass Request ATTACHMENT O – Limitations on Subcontracting