Appendix A - Solicitation Attachments.docx
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- Solicitation number
- W912ER22R0007
About this file
This document contains a solicitation for the construction of a new Munitions Storage Area located in Jordan. The U.S. Army Corps of Engineers Transatlantic Middle East District is seeking a Design-Bid-Build firm-fixed-price construction contract valued between $25-100 million to build earth covered magazines, paved roads, security fencing, lighting protection and support facilities including maintenance buildings and administrative offices. The performance period is 870 calendar days from notice to proceed. The solicitation was changed from W912ER-20-R-0014 to W912ER-22-R-0007 to reflect the new fiscal year in which award will be made. Award will be made using best value tradeoff procedures to the offeror representing the best overall value and determined responsible. The North American Industry Classification code is 236220 and the small business size standard is $39.5 million. The response date is not provided.
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APPENDIX A
SOLICITATION ATTACHMENTS
| ATTACHMENT 1 | |
| CORPORATE CERTIFICATE / AUTHORITY TO BIND PARTNERSHIP |
| ATTACHMENT 2 |
| PAST PERFORMANCE OVERVIEW SHEET |
| ATTACHMENT 3 |
| PROJECT SUMMARY FORM |
| ATTACHMENT 4 |
| PAST PERFORMANCE QUESTIONNAIRE (Form PPQ) |
| ATTACHMENT 5 |
| PROPOSAL SCHEDULE AND COST BREAKDOWN SHEET |
| ATTACHMENT 6 | |
| PERFORMANCE SURETY FORM |
| ATTACHMENT 7 |
| PAYMENT SURETY FORM |
| ATTACHMENT 8 | |
| NON COLLUSIVE CERTIFICATE |
| ATTACHMENT 9 | |
| PERFORMANCE DISTRIBUTION STATEMENT |
| ATTACHMENT 10 |
| CONTRACTOR RESPONSIBILITY |
ATTACHMENT 1
CORPORATE CERTIFICATE
If a corporation submits the proposal, The Corporate Certificate at paragraph A below must be submitted. If the proposal is submitted by a partnership, the Authority to Bind Partnership at paragraph B below must be completed and a copy of the partnership agreement included with the proposal. Offerors may reproduce and submit these certificates on a separate sheet of paper.
A. CORPORATE CERTIFICATE
I, , certify that I am the (Title) of the Corporation named as offer/contractor herein, that , who signed this proposal/contract on behalf of the offeror/Contractor was then of said corporation; that said proposal/contract was duly signed for and on behalf of said corporation by authority of its governing body and within the scope of its governing body and within the scope of its corporate powers.
___________________________________________ (CORPORATE SEAL)
___________________________________________ (SIGNATURE)
B. AUTHORITY TO BIND PARTNERSHIP
This is to certify that the names and signatures of all partners are listed below and that the person signing the proposal had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership, with the United States of America except as follows: (State "none" or describe limitations, if any). This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to and acknowledged by the Contracting Officer.
(Names and signatures of all partners)
ATTACHMENT 2
PAST PERFORMANCE OVERVIEW SHEET
List work which best illustrates current qualifications relevant to this award. In addition to any “recent” and “relevant” projects as described in Factor 3, each project listed on this sheet must match a project submitted in Factor 1 and have a completed Project Summary Form (Attachment 3).
Mark Prime, Sub, or Joint Venture (ONLY ONE).
| Contract Name/Client, Location of Services |
| Prime |
| Sub |
| JV |
| Total Contract $ Amount |
| Offeror's Share of Responsibility for Total Construction Contract |
SAMPLE: Ellis Island Seawall Renovation/
| X |
| $10,000,000 |
| $10,000,000 |
1.
3.
4.
5.
6.
7.
8.
9.
10.
| OFFEROR’S NAME |
| DATE |
ATTACHMENT 3
PROJECT SUMMARY FORM
PROJECT TYPE: Design-Bid-Build Construction of Air Traffic Control Tower
Project Title: ________________________________________________________
Contract Number: ___________________________________________________
Name of Prime Contractor on Project: ___________________________________
Prime Contractor’s POC:_______________________________________________
E-mail Address: ______________________________________________________
Telephone Number: __________________________________________________
Location of Project: __________________________________________________
Contract Amount (U.S. Dollar Amount): __________________________________
Contract Award Date: _________________________________________________
Contract Completion Date: _____________________________________________
Contract Duration (Period of Performance): ______________________________
Description of the Project’s Scope and Magnitude: ________________________ ____________________________________________________________________
Details of your company’s role and activities during construction of the project: (Describe your role in this project. Include whether your firm participated as a prime or a subcontractor.)
Provide details for any past performance problems encountered and the corrective actions taken.
ATTACHMENT 4
USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ)
CONTRACT INFORMATION (Contractor is to complete Blocks 1-4)
| 1. Contractor Information | |
| Firm Name: | CAGE Code: |
| Address: | DUNs Number: |
Phone Number:
Email Address:
Point of Contact: Contact Phone Number:
2. Work Performed as: |_| Prime Contractor |_| Sub Contractor |_| Joint Venture |_| Other (Explain) Percent of project work performed:
If subcontractor, who was the prime (Name/Phone #):
3. Contract Information Contract Number:
Delivery/Task Order Number (if applicable):
Contract Type: |_| Firm Fixed Price |_| Cost Reimbursement |_| Other (Please specify):
Contract Title:
Contract Location:
Award Date (mm/dd/yy):
Contract Completion Date (mm/dd/yy):
Actual Completion Date (mm/dd/yy):
Explain Differences:
Original Contract Price (Award Amount):
Final Contract Price (to include all modifications, if applicable):
Explain Differences:
4. Project Description:
Complexity of Work |_| High |_| Med |_| Routine
What project in Factor 1, paragraph b. is this project being used to qualify for? (One project can be used to qualify for more than one factor)
How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)
CLIENT INFORMATION (Client is to complete Blocks 5-8)
5. Client Information Name:
Title:
Phone Number:
Email Address:
6. Describe the client’s role in the project:
7. Date Questionnaire was completed (mm/dd/yy):
8. Client’s Signature:
NOTE: USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS. CLIENTS ARE HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.
ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT
YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE
| RATING |
| DEFINITION |
| NOTE |
| (E) Exceptional |
| Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective. |
| An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified. |
| (VG) Very Good |
| Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective. |
| A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified. |
| (S) Satisfactory |
| Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory. |
| A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract. |
| (M) Marginal |
| Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented. |
| A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner. |
| (U) Unsatisfactory |
| Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective. |
| An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating. |
| (N) Not Applicable |
| No information or did not apply to your contract |
| Rating will be neither positive nor negative. |
TO BE COMPLETED BY THE CLIENT
PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS
YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.
1. QUALITY
| a) Quality of technical data/report preparation efforts |
| E VG S M U N |
| b) Ability to meet quality standards specified for technical performance |
| E VG S M U N |
| c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance |
| E VG S M U N |
| d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance) |
| E VG S M U N |
2. SCHEDULE/TIMELINESS OF PERFORMANCE:
| a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below) |
| E VG S M U N |
| b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract |
| E VG S M U N |
3. CUSTOMER SATISFACTION:
| a) To what extent were the end users satisfied with the project? |
| E VG S M U N |
| b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports, businesslike and communication) |
| E VG S M U N |
| c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer? |
| E VG S M U N |
| d) Overall customer satisfaction |
| E VG S M U N |
4. MANAGEMENT/ PERSONNEL/LABOR
| a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force? |
| E VG S M U N |
| b) Ability to hire, apply, and retain a qualified workforce to this effort |
| E VG S M U N |
| c) Government Property Control |
| E VG S M U N |
| d) Knowledge/expertise demonstrated by contractor personnel |
| E VG S M U N |
| e) Utilization of Small Business concerns |
| E VG S M U N |
| f) Ability to simultaneously manage multiple projects with multiple disciplines |
| E VG S M U N |
| g) Ability to assimilate and incorporate changes in requirements and/or priority, including planning, execution and response to Government changes |
| E VG S M U N |
| h) Effectiveness of overall management (including ability to effectively lead, manage and control the program) |
| E VG S M U N |
5. COST/FINANCIAL MANAGEMENT
| a) Ability to meet the terms and conditions within the contractually agreed price(s)? |
| E VG S M U N |
| b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client |
| E VG S M U N |
| c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns) |
| E VG S M U N |
| d) Is the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section. |
| Yes No |
| e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below. |
| Yes No |
| f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below. |
| Yes No |
6. SAFETY/SECURITY
| a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.) |
| E VG S M U N |
| b) Contractor complied with all security requirements for the project and personnel security requirements. |
| E VG S M U N |
7. GENERAL
| a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues). |
| E VG S M U N |
| b) Compliance with contractual terms/provisions (explain if specific issues) |
| E VG S M U N |
| c) Would you hire or work with this firm again? (If no, please explain below) |
| Yes No |
| d) In summary, provide an overall rating for the work performed by this contractor. |
| E VG S M U N |
Please provide responses to the questions above (if applicable) and/or additional remarks.
Furthermore, please provide a brief narrative addressing specific strengths, weakness, deficiencies, or other comments which may assist our office in evaluating performance risk.
ATTACHMENT 5
PROPOSAL SHEDULE AND COST BREAKDOWN SHEET
The Proposal Schedule and Cost Breakdown Sheet have been included separately as attachments in PDF and excel format.
ATTACHMENT 6
PERFORMANCE SURETY
A. BANK LETTER OF GUARANTEE
(1) Within twenty-two (22) calendar days after the date of the contract, the Contractor shall furnish the Contracting Officer a Bank Letter of Guarantee (BLG or Letter of Guarantee) for the performance of work, in the amount of ten percent (10%) or $3 Million U.S. Dollars, whichever is less of the contract price conforming to the exact format as the sample BLG attached to this solicitation. The Letter of Guarantee shall be dated as of the contract date or no more than fifteen (15) calendar days thereafter. The Letter of Guarantee shall state that it will continue in effect for three hundred sixty five (365) calendar days after the date the last work under the contract is accepted by the Government. The Letter of Guarantee shall also state that the bank agrees and consents that the contract may be modified by a change order or supplemental agreement without affecting the validity of the Letter of Guarantee. The provisions of paragraph (g) of the Contract Clause, 52.232-5, titled “PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS (MAY 2014) applies to letters of Guarantee.
NOTE: FAR Clause 52.232-5 does not provide for reimbursement to the contractor for premiums above and beyond the contract amount.
(2) Notice to Proceed will not be issued until the contractor has submitted a properly formatted and executed Bank Letter of Guarantee.
(3) The Performance surety must be issued on the Government provided Performance Surety Bank Letter of Guarantee form and be issued by any of the following Kingdom of Jordan banks:
(a) Bank of Jordan
(b) Arab Bank
(c) Cairo Amman Bank
(d) Capital Bank of Jordan
(e) Jordan Ahli Bank (Formally known as Jordan National Bank)
(f) Arab Jordan Investment Bank
(g) Jordan Islamic Bank
(h) Citibank, N.A. Jordan
(i) Central Bank of Jordan
(End of Requirement)
B. SAMPLE PERFORMANCE SURETY BANK LETTER OF GUARANTEE:
BANK LETTER OF GUARANTEE
[Bank Letterhead]
[Place]
[Date]
To: U.S. Army Corps of Engineers, Transatlantic Middle East District Attn: Ryan K. Gregory Contracting Officer P.O. Box 2250 Winchester, Virginia 22601-1450
Letter of Guarantee No._____________
The undersigned, acting as the duly authorized representative of the bank, declares that the bank hereby guarantees to effect payment to the Contracting Officer by check made payable to the Treasurer of the United States, within five (5) days after receipt of a written request from the Contracting Officer, immediately and entirely without any need for the Contracting Officer to protest or to take any legal action or obtain the prior consent of the Contractor or for any other proof, action or decisions by any other authority, up to the sum of (Amount Equal to ten percent (10%) or $3 Million U.S. Dollars, whichever is less of the contract price in U.S. Dollars) which represents the deposit required of the Contractor to guarantee fulfillment of his obligations for the satisfactory, complete, and timely performance of the work under Contract (Contract No.) for (Description of Work) at (Location of Work) in strict compliance with the terms, conditions and specifications of said contract, entered into between the Government and (Name of Contractor) of (Address of Contractor) on (Contract Date), plus interest of 10.25% per annum on the amount called due, calculated from the sixth day following receipt of the Contracting Officer’s written request until the date of payment.
The undersigned agrees and consents that said contract may be modified by Change Order or Supplemental Agreement without affecting the validity of this guarantee provided, however, that the amount of this guarantee shall remain unchanged.
The Letter of Guarantee will remain in effect at an amount equal to ten percent (10%) or $3 Million U.S. Dollars, whichever is less of the original contract price until Anticipated Completion Date or until the work has been finally accepted by the Government, whichever occurs first, and it will continue in effect thereafter, for three hundred sixty five (365) calendar days in an amount equal to ten percent (10%) or $3 Million U.S. Dollars, whichever is less of the original contract price, after which time the guarantee shall become null and void whether returned to the undersigned or not.
The obligation of the bank guarantor to make payment under this Letter of Guarantee upon the Contracting Officer’s demand is unconditional and not subject to any defense, based on alleged invalidity of this guarantee, invalidity of the contract between the United States and the party on whose behalf this guarantee was issued, lack or failure of consideration, or any other circumstances or representations not contained within this Letter of Guarantee.
This Bank Letter of Guarantee shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its conflict of laws principles. The exclusive forum for resolution of any and all disputes arising from or related to this Bank Letter of Guarantee shall be the United States District Court for the District of Columbia.
Signed By: ______________________________
[NAME TYPED BELOW SIGNATURE]
Title: ___________________________________
By: ____________________________________
NOTE: Certificate of Authority is attached evidencing authority of the signers to bind the Bank in this document.
ATTACHMENT 7
PAYMENT SURETY
A. BANK LETTER OF GUARANTEE
(1) Within twenty-two (22) calendar days after the date of the contract, the Contractor shall furnish the Contracting Officer a Bank Letter of Guarantee (BLG or Letter of Guarantee) for the payment of work, in the amount of ten percent (10%) or $3 Million U.S. Dollars, whichever is less of the contract price conforming to the exact format as the sample BLG attached to this solicitation. The Letter of Guarantee shall be dated as of the contract date or no more than fifteen (15) calendar days thereafter. The Letter of Guarantee shall state that it will continue in effect for three hundred sixty five (3650) calendar days after the date the last work under the contract is accepted by the Government. The Letter of Guarantee shall also state that the bank agrees and consents that the contract may be modified by a change order or supplemental agreement without affecting the validity of the Letter of Guarantee. The provisions of paragraph (g) of the Contract Clause, 52.232-5, titled “PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS (MAY 2014) applies to letters of Guarantee.
NOTE: FAR Clause 52.232-5 does not provide for reimbursement to the contractor for premiums above and beyond the contract amount.
(2) Notice to Proceed will not be issued until the contractor has submitted a properly formatted and executed Bank Letter of Guarantee.
(3) The Bid surety must be issued on the Government provided Bid Surety Bank Letter of Guarantee form and be issued by any of the following Kingdom of Jordan banks:
(a) Bank of Jordan
(b) Arab Bank
(c) Cairo Amman Bank
(d) Capital Bank of Jordan
(e) Jordan Ahli Bank (Formally known as Jordan National Bank)
(f) Arab Jordan Investment Bank
(g) Jordan Islamic Bank
(h) Citibank, N.A. Jordan
(i) Central Bank of Jordan
(End of Requirement)
B. SAMPLE PAYMENT SURETY BANK LETTER OF GUARANTEE:
BANK LETTER OF GUARANTEE
[Bank Letterhead]
[Place]
[Date]
To: U.S. Army Corps of Engineers, Transatlantic Middle East District Attn: Ryan K. Gregory Contracting Officer P.O. Box 2250 Winchester, Virginia 22601-1450
Letter of Guarantee No._____________
The undersigned, acting as the duly authorized representative of the bank, declares that the bank hereby guarantees to effect payment to the Contracting Officer by check made payable to the Treasurer of the United States, within five (5) days after receipt of a written request from the Contracting Officer, immediately and entirely without any need for the Contracting Officer to protest or to take any legal action or obtain the prior consent of the Contractor or for any other proof, action or decisions by any other authority, up to the sum of (Amount Equal to ten percent (10%) or $3 Million U.S. Dollars, whichever is less of the contract price in U.S. Dollars) which represents the deposit required of the Contractor to guarantee fulfillment of his obligations for the satisfactory, complete, and timely payment of the work under Contract (Contract No.) for (Description of Work) at (Location of Work) in strict compliance with the terms, conditions and specifications of said contract, entered into between the Government and (Name of Contractor) of (Address of Contractor) on (Contract Date), plus interest of 10.25% per annum on the amount called due, calculated from the sixth day following receipt of the Contracting Officer’s written request until the date of payment.
The undersigned agrees and consents that said contract may be modified by Change Order or Supplemental Agreement without affecting the validity of this guarantee provided, however, that the amount of this guarantee shall remain unchanged.
The Letter of Guarantee will remain in effect at an amount equal to ten percent (10%) or $3 Million U.S. Dollars, whichever is less of the original contract price until Anticipated Completion Date or until the work has been finally accepted by the Government, whichever occurs first, and it will continue in effect thereafter, for three hundred sixty five (365) calendar days in an amount equal to ten percent (10%) or $3 Million U.S. Dollars, whichever is less of the original contract price, after which time the guarantee shall become null and void whether returned to the undersigned or not.
The obligation of the bank guarantor to make payment under this Letter of Guarantee upon the Contracting Officer’s demand is unconditional and not subject to any defense, based on alleged invalidity of this guarantee, invalidity of the contract between the United States and the party on whose behalf this guarantee was issued, lack or failure of consideration, or any other circumstances or representations not contained within this Letter of Guarantee.
This Bank Letter of Guarantee shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its conflict of laws principles. The exclusive forum for resolution of any and all disputes arising from or related to this Bank Letter of Guarantee shall be the United States District Court for the District of Columbia.
Signed By: ______________________________
[NAME TYPED BELOW SIGNATURE]
By: ____________________________________
NOTE: Certificate of Authority is attached evidencing authority of the signers to bind the Bank in this document.
ATTACHMENT 8
Non-Collusive Pricing Certification
By submission of this proposal, each offeror and each person signing on behalf of any offeror certifies that he or she has fully informed himself or herself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the offeror as well as to the person signing on its behalf:
1. The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor;
2. Unless otherwise directed by law, the prices which have been quoted in this proposal have not been knowingly disclosed (directly or indirectly) by the offeror and will not knowingly be disclosed (directly or indirectly) by the offeror prior to contract award to any other offeror or to any competitor; and
3. No attempt has been made or will be made by the offeror to induce any other person, partnership, or corporation to submit or not to submit a proposal for the purpose of restricting competition.
The foregoing statements are subscribed by the offeror and affirmed by such offeror as true under the penalties of perjury.
This certification must be sworn and signed by the same person who signed the SF 1442 (proposal document) on behalf of the offeror.
Signed this ____ date of ___________, 2020.
Printed Name and Title
Signature
Corporate Seal
ATTACHMENT 9
PERFORMANCE DISTRIBUTION STATEMENT
Although not all subcontractors need to be listed, statement must include all major subcontractors, defined as those performing 10% or more of the total dollar value ($) of the contract.
Add more lines, if needed, to list more subcontractors.
The total “% of Work” column cannot total more than 100%.
REMINDER: All subcontractors completing 10% or more of the work require a letter of intent to be submitted.
See example below for details.
| Line |
| Company / Entity |
| Role |
| Scope of Work |
| % of Work |
| 1 |
| ABC Company |
| Offeror |
| Management, safety, QC, paving, surveying, masonry, misc. |
| 50% |
| 2 |
| Hamid & Sons, Inc. |
| Major Sub |
| MEP |
| 20% |
| 3 |
| Overhead Door Co. |
| Major Sub |
| Specialty roll-up doors |
| 15% |
| Line |
| Company / Entity |
| Role |
| Scope of Work |
| % of Work |
Offeror
ATTACHMENT 10
CONTRACTOR RESPONSIBILITY
Directorate of Contracting
Dear Offeror:
As required by the Federal Acquisition Regulation (FAR) part 9 Contractor Qualifications, and Defense Federal Acquisition Regulation Supplement (DFARS) part 209, the Contracting Officer is conducting a responsibility determination and requires information from your firm as outlined below.
Information Regarding Responsibility
Determinations of responsibility involve subjective business judgments that are within the broad discretion of the contracting agency. The Contracting Officer is vested with broad discretion in exercising the business judgment involved in a responsibility determination.
This Questionnaire is not an additional non-pricing factor; the information requested below pertains to the offeror’s ability to perform the contract (if awarded) rather than the acceptability of the offer presented. Your responses to this Questionnaire will assist the Contracting Officer in making their responsibility determination. It is the duty of the offeror to supply all necessary documentation to establish its responsibility.
While this Questionnaire uses the term “offeror,” know that when determining an offeror’s responsibility, the Contracting Officer is required by the FAR to look at entities with relationships to the offeror, including (but not limited to) affiliates, subsidiaries, principals, and key personnel. As a result, in some cases, this Questionnaire seeks information regarding individuals that are connected to the offeror (generally key personnel, principals, etc.) as well as information regarding the offeror’s corporate relationships (generally affiliated concerns, subsidiaries, etc.). See FAR 19.001 and 19.101 for definitions regarding affiliated concerns; and see FAR 52.209-5 -- Certification Regarding Responsibility Matters for definitions regarding offeror principals.
If the offeror is proposing as a Joint Venture (JV), each member of the JV shall respond to this questionnaire independently.
When responding to questions that have a fixed time period (e.g. a question that requests information related to any event “in the past five years”) calculate the time period duration from the date that you submit your response to this Questionnaire.
Be advised that this Questionnaire, or any follow up communication by the Agency regarding your response to this Questionnaire, does not constitute discussions, negotiations, or clarifications, as contemplated in FAR part 15.
The documentation requirements in this Questionnaire regarding page limitation, etc… apply to your response to this request, unless otherwise noted. Please be advised that all, or portions of your response, to this request for information may be incorporated into the awarded contract, should award be made to your firm.
The Contracting Officer is not limited to your responses in making a responsibility determination. The Contracting Officer must determine a prospective contractor non-responsible in the absence of adequate and timely information clearly indicating the contractor is responsible. Your inability or unwillingness to provide this information will be considered in making this responsibility determination, and may result in a finding of non-responsibility.
Information Upon Which The Responsibility Determination Will Be Based
To facilitate the Contracting Officer’s responsibility determination, please:
a) Complete and return:
1) Endorsement A (Financial Standing Questionnaire) and
b) Provide a narrative (not exceeding two pages) that states:
1) the offeror’s current credit rating;
2) evidence of the offeror’s financial resources (or to obtain such resources) to successfully perform the contract, considering all other outstanding obligations of the offeror; and
3) whether the offeror has ever petitioned a government body to have its debts restructured, forgiven, liquidated, or otherwise dispatched in an insolvency proceeding (e.g. filed for bankruptcy, or non-U.S. equivalent, including “liquidation” or “administration”), in any jurisdiction, at any time in the past five years, regardless of the ultimate resolution.
If the answer is in the affirmative relative to the filing of an insolvency proceeding, identify:
1) the country where the matter was filed;
2) the court or forum in which it was filed;
3) the assigned case number;
4) the date of filing;
5) when matter was resolved; and
6) how it was resolved.
c) Provide a narrative (which does not exceed five pages) regarding the offeror’s record of integrity and business ethics. At a minimum, your narrative must address:
1) whether at any time in the past five years, the offeror has any subcontractors or suppliers that have been unpaid for a duration longer than the time required by the contract for payment. If the answer is in the affirmative, explain why payments to subcontractors or suppliers exceed the contractually allowed for payment timeline;
2) whether the offeror has ever been contacted by a Contracting Officer, Administrative Contracting Officer, Contracting Officer’s Representative, or any other U.S. Government employee, regarding any Combating Trafficking in Persons (CTIP) concern. In your response, identify the issue, the resolution, and the contract number;
3) whether there have been any criminal convictions, in the last five years, of any of the offeror’s principals, owners, officers, any individuals identified as a Key Personnel in response to a non-pricing factor, or any person with any contractual authority on the resultant contract, if awarded; and
4) any findings or citations by a judicial body or regulatory entity that the offeror has committed a violation of law or regulation, in any jurisdiction, regardless of resolution, in the last 5 years.
d) Provide the names and DUNS numbers (if any) of all of the offeror’s current owners, predecessors (within last 3 years), subsidiaries, and affiliated concerns that will be used in the performance of the resultant contract, if awarded. This is in accordance with FAR 52.209-5 -- Certification Regarding Responsibility Matters.
e) Provide the first and last name (and middle initial, if applicable) and job title of:
1) all of the offeror’s principals;
2) any person identified as a key personnel in response to any non-pricing evaluation criteria, if such is required; and
3) any person with any contractual authority on the resultant contract, if awarded.
f) The Offeror shall provide a copy of a valid Jordan Commercial Registration Certificate (business license) in the offeror’s name for which it is submitting a proposal (as required by DFARS 252.225-7042 Authorization to Perform). If the name on the certificate does not match the name in which the proposal is submitted, the offeror shall submit documentation explaining the reason for the discrepancy and proof of the offeror’s legal ability to operate under the certificate. If the offeror has a business license that will expire on or before May 15, 2020, the estimated date of award, the questionnaire shall include the offeror’s supported plan to extend and/or renew the certificate. A descriptive narrative, if required, shall be limited to no more than two (2) pages.
g) The offeror shall designate an individual to be responsible for CTIP compliance and a CTIP compliance plan implementation that complies with FAR Clause 52.222-50. The designated position shall have the necessary authority to ensure compliance at all levels of the company and throughout the supply chain, and be able to ensure the accuracy of its certification to the Government. Additionally, the offeror shall submit a certification regarding trafficking in persons compliance in accordance with FAR Clause 52.222-56 paragraph (c).
Submission Requirements:
Please complete the above requested information as Volume III. In your response, please identify which documents are responsive to which subpart; however the Contracting Officer is not limited to your identification and may use any submitted document in response to any subpart as (s)he deems appropriate.
The Contracting Officer may require that some or all of these responses be updated in advance of award, should your firm be chosen for award.
The Responsibility Determination Questionnaire, Volume III, must be submitted electronically with your proposal submission.
Endorsement:
A - Financial Standing Questionnaire
ENDORSEMENT A
FINANCIAL STANDING QUESTIONNAIRE
A primary consideration in the source selection process is to determine an offeror’s qualification, responsibility, and financial standing. Prior to awarding a contract, per Federal Acquisition Regulation (FAR) Part 9, the Government must determine, through acceptable evidence, that an offeror has adequate financial resources, or the ability to obtain the financial resources, to perform the contract. The substantive answers in Attachment A are to be completed by the offeror’s financial institution. Offerors should obtain a bank stamp or seal AND signature of the referenced individual on the questionnaire. Failure to provide the requested information may render an offeror’s proposal non-responsible, and cause it to be removed from competition.
GENERAL INFORMATION (to be completed by the contractor):
Contractor’s Name and address:
Point of Contact:
Telephone:
Email:
Solicitation number:
RESPONDENT INFORMATION (to be completed by an authorized Financial Institution representative):
Full Name and Title:
Name of Financial Institution:
Address:
Telephone/Fax:
Email address:
1. Does the contractor have an active account(s) with your financial institution? If yes, how many?
2. How long have the account(s) been active?
3. What are the account(s) average balance (digits only)?
4. How many returns (insufficient funds) has the contractor had in the last 12 months?
5. Does the contractor currently have outstanding loans? If yes, a) how many; b) what are the balances due on those loans (digits only); and c) is the contractor making payments in accordance with the terms of the loans?
6. In the last 12 months, has the contractor been able to meet its financial obligations on time?
7. Does the contractor have a line of credit? If so, a) what is the credit limit (digits only); and b) how much credit is presently available for use (digits only)?
If you need additional space to respond, please indicate that additional documentation was provided in response your above answers.
Certificate of Authority
I, ______________________ certify that as ______________________ of (Insert name) (Insert job title)
______________________ I am duly authorized to execute this form.
(Insert corporation name)
Signature _______________________________________ Date ___________
(Financial Institution Seal/Stamp)
“Source Selection Information – See FAR 2.101 and 3.104”
File details come from the government source that posted it. Updated .