ATTACHMENT_1-8.pdf

ATTACHMENT 1 - PAST PERFORMANCE OVERVIEW SHEET

List work which best illustrates current qualifications relevant to this award. Each contract listed on this sheet shall have a completed PROJECT SUMMARY FORM (Attachment 2) provided. Mark Prime, Sub, or JV (ONLY ONE).

Contract Name/Client, Location of Performance

Prime Sub Joint Total Contract

$ Amount

Offeror's Share of Responsibility for Total Construction

Contract SAMPLE: Operations Center, Kuwait X $5,000,000 $3,000,000

1.

3.

4.

5.

6.

7.

8.

9.

OFFEROR’S NAME DATE

CUI//SP-SSEL/FED ONLY

SOURCE SELECTION INFORMATION (SEE FAR 2.101 AND 3.104)

CUI//SP-SSEL/FED ONLY

ATTACHMENT 2

PROJECT SUMMARY FORM

PROJECT No. (circle one): 1 2 3 4 5 6 7 8 9 10 Name of Offeror:

E-mail Address:

Telephone Number:

Project Title:

Contract Number:

Contract Amount (U.S. Dollar Amount) $

Contract Completion Date:

Contract Duration (Period of Performance):

Description of the Project’s Scope and Magnitude:

Location of Project:

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 as a subcontractor.

Provide details sufficient for evaluation purposes.)

NAVFAC / USACE Past Performance Questionnaire (PPQ) Form PPQ -0 (9/30/11)

NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0)

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information CAGE Code:

Firm Name: DUNs Number: Address:

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 How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client 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: NAVFAC/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.

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.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

TO BE COMPLETED BY CLIENT

PLEASE SELECT THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

1. QUALITY

a) Quality of technical data/report preparation efforts

VG S

M

U

N

b) Ability to meet quality standards specified for technical performance E

VG S

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance

E

VG

S

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

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)

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract

3. CUSTOMER SATISFACTION

a) To what extent were the end users satisfied with the project? E VG S

M U

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)

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer?

d) Overall customer satisfaction E VG S M

4. MANAGEMENT/ PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and/or labor force?

b) Ability to hire, apply, and retain a qualified workforce to this effort E VG

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

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program)

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agreed price(s)?

b) Contractor proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client

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)

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.

o

f) Have there been any indications that the contractor has had any financial problems? If yes, please explain below.

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.)

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).

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

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

"Source Selection Information - See FAR 2.101 and 3.104"

ATTACHMENT 5

BID SURETY

(Only for Task Order Level Use)

A. BANK LETTER OF GUARANTEE

(1) By the deadline set for submitting a proposal, the Contractor shall furnish the Contracting Officer a bid guarantee in the form of a Bank Letter of Guarantee (BLG or Letter of Guarantee), in the amount of twenty percent (20%) of the bid price or $3 Million U.S. Dollars, whichever is less conforming to the exact format as the sample BLG attached to this solicitation. The Letter of Guarantee shall be dated no later than the date on which proposals are due. The Letter of Guarantee shall state that it will continue in effect until the successful contractor is chosen or for a minimum of 120 days after the date offers are due and all contractual documents and bonds are executed. The Letter of Guarantee shall also state that the bank agrees and consents that the bid or proposal amount may be modified as a result of discussions (negotiations), if any, between the Contractor and the U.S. Government without affecting the validity of the Letter of Guarantee.

(2) Failure to furnish a bid guarantee in the proper form and amount, by the time set for submitting a proposal, will be cause for rejection of the proposal.

(3) The Contracting Officer will return bid guarantees to unsuccessful contractors as soon as practicable after the deadline for proposal submissions and to the successful contractor upon execution of contractual documents and bonds, as required by the proposal as accepted.

(4) 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 surety(ies) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(5) 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.

(6) The Bid surety must be issued on the Government provided Bid Surety Bank Letter of Guarantee form and be issued by a Saudi Arabian Monetary Authority/Saudi Central Bank approved financial institution.

(End of Requirement)

B. SAMPLE BID SURETY BANK LETTER OF GUARANTEE:

BANK LETTER OF GUARANTEE

(Only for Task Order Level Use)

[Bank Letterhead]

[Place]

[Date]

To: U.S. Army Corps of Engineers, Transatlantic Middle East District Attn:

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 twenty percent (20%) or $3 Million U.S. Dollars, whichever is less of the proposal 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 execution of contractual documents and sureties as required in accordance with his proposal submitted 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 bid or proposal may be changed as a result of discussions (negotiations) between the Contractor and the U.S. Government, if any, 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 twenty percent (20%) or $3 Million U.S. Dollars, whichever is less of the original proposal price until the successful contractor is chosen and all contractual documents and bonds are fully executed, 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: ____________________________________

Title: ___________________________________

NOTE: Certificate of Authority is attached evidencing authority of the signers to bind the Bank in this document.

ATTACHMENT 6

PERFORMANCE SURETY

(Only for Task Order Level Use)

A. BANK LETTER OF GUARANTEE

(1) Within fifteen (15) business 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 twenty percent (20%) or $100 Million U.S.

Dollars, whichever is less of the contract price conforming to the exact format as the sample BLG attached to this amendment. 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 the number of calendar days that it will continue in effect for and continue after the date the last work under the contract is accepted by the Government.

The exact number of calendar days will be decided at the individual task order level.

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.

B. SAMPLE PERFORMANCE SURETY BANK LETTER OF GUARANTEE:

BANK LETTER OF GUARANTEE

(Only for Task Order Level Use)

[Bank Letterhead]

[Place]

[Date]

To: U.S. Army Corps of Engineers, Transatlantic Middle East District Attn:

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 twenty percent (20%) or $100 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 twenty percent

(20%) or $100 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, in an amount equal to twenty percent (20%) or $100 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 ofGuarantee 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:

Title:

NOTE: Certificate of Authority is attached evidencing authority of the signers to bind the Bank in this document.

ATTACHMENT 7

PAYMENT SURETY

(Only for Task Order Level Use)

A. BANK LETTER OF GUARANTEE

(1) Within fifteen (15) business 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 twenty percent (10%) or $50 Million U.S.

Dollars, whichever is less of the contract price conforming to the exact format as the sample BLG attached to this amendment. 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 the number of calendar days that it will continue in effect for and continue after the date the last work under the contract is accepted by the Government.

The exact number of calendar days will be decided at the individual task order level.

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.

ATTACHMENT 8

Non-Collusive Pricing Certification

By submission of this proposal, each offeror and each person signing on behalf of any offeror certifies, and in the case of a joint venture certifies as to the joint venture entity as offeror as well as to any other entity composing or represented in the joint venture, 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, all entities composing or represented in the joint venture (if any), 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