RFP LI-13656.pdf

Commanding Officer Naval Facilities Engineering Command, Southwest

1220 Pacific Highway, Bldg. 128 San Diego, California 92132

REQUEST FOR PROPOSALS (RFP) LI-13656

23,000 SF TO 74,000 SF OF COMMERCIAL CHILD CARE SPACE

FOR

NAVY CHILD YOUTH PROGRAMS (CYP)

SAN DIEGO, CALIFORNIA

February 7, 2020

THIS REQUEST FOR PROPOSALS (RFP) LI-13656 INCLUDES:

Delineated Area Map Attachment (1) Offer Form Attachment (2) Representations and Certifications Attachment (3) US Government Lease For Real Property Attachment (4) DoD Unified Facilities Criteria (UFC) 4-740-14N Attachment (5) Physical Requirements for Child Care Center Attachment (6) General Clauses Exhibit “A” Special Provisions Exhibit “B” Condition Report Exhibit “C”

OFFERS TO BE SUBMITTED BY March 8, 2020, 11:00 AM Pacific Daylight Time (PDT)

Written inquiries regarding this RFP LI-13656 shall be submitted electronically. The Point of Contact (POC) for inquiries is Ralna Martinez, Realty Specialist, at ralna.c.martinez@navy.mil. The Government does not intend to respond to inquiries submitted less than five (5) days before the offer due date.

REQUEST FOR PROPOSALS (RFP) LI-13656

23,000 SF TO 74,000 SF OF COMMERCIAL CHILD CARE SPACE

FOR

NAVY CHILD YOUTH PROGRAMS (CYP)

SAN DIEGO, CALIFORNIA

February 7, 2020

The Department of the Navy (DON) is considering leasing a minimum 23,000 Square Feet (SF) to 74,000 SF commercial childcare space (Facility) located in or within a reasonable distance to service the City of Coronado, California, under the process and terms outlined in this Request for Proposals (RFP).

The lease term shall begin on or around June 26, 2020 for a fixed period of one (1) year, and may be renewed by the Navy for up to four (4) additional one (1) year option periods, subject to appropriation of available funds.

This RFP LI-13656 is seeking offers that can meet ALL of the requirements specified herein.

This RFP shall not be considered a contract, a promise to a contract, or a commitment of any kind on behalf of the U.S. Government. A U.S. Government Lease will be required to be executed by the Real Estate Contracting Officer of Naval Facilities Engineering Command, Southwest, acting on behalf of the Department of the Navy.

The Facility shall be highly maintained and structurally sound and not pose any security, health, safety or fire hazard. The Facility shall meet the following minimum Requirements:

1. Location:

a. The Facility must be located in or within a reasonable distance to service the City of Coronado, California. See Attachment (1) for a map of the delineated area.

b. The Facility must be, in the sole judgment of the Government, a location conducive to good quality of life to meet the purpose of a military childcare facility including:

i. general aesthetics of the Facility,

ii. exterior maintenance of the Facility and of the surrounding proposed space,

iii. general security of the Facility, adequate parking areas for personnel and visitors including lighting and access.

2. Facility Requirements:

a. Offer shall be for a minimum 23,000 SF to 74,000 SF child educational type facility.

b. Facility shall be mostly turn-key with childcare classrooms to accommodate a minimum of 200 children.

Request for Proposals

(LI-13656)

c. Single location/campus location/setting with single/controlled entry; fenced perimeter enclosing outdoor green space for outdoor children’s activities.

d. Facility shall meet all federal, state, and local seismic and building codes for a childcare facility, and shall have the capability to meet Department of Defense Unified Facilities Criteria (UFC) 4-740-14N “Navy and Marine Corps Child Development Centers,” Attachment (5), prior to building occupancy. Prospective Offers shall provide alternatives for any standard of UFC 4-740-14N that cannot be met.

e. Facility shall have the capability to meet Anti-Terrorism/Force Protection (“ATFP”) codes as specified in “Physical Requirements for Child Care Center,” Attachment (6), prior to building occupancy. Prospective Offers shall provide alternatives for any standard of ATFP that cannot be met during the period of negotiations. The DON is open to proposed solutions or project ideas, provided that the Facility meets the DON’s space, security and Anti-Terrorism/Force Protection (“ATFP”) requirements.

f. Parking:

i. Parking spaces (including parking decal, etc., if required) shall be adequate for all personnel occupying the leased space, to include visitors.

ii. Parking area may be secured and away from street traffic.

3. Interior Requirements: Space within the Facility shall contain the following:

a. Classroom spaces, office/administrative space, lobby/reception, food service/kitchen, staff training/lounge/curriculum development spaces, laundry, toilets, janitor closet(s), and storage;

b. Facility shall have adequate and functional central heating and air-conditioning.

4. Service Requirements:

a. Wireless internet

b. Local telephone service

c. Facility space maintenance (cleaning services)

d. All utilities (gas, electricity, hot/cold water, sewage, heat, air conditioning, and garbage collection/trash removal); and

e. All maintenance and repair

5. Miscellaneous Requirements:

a. Rent: Proposed rental amount shall be inclusive of all above requirements.

6. Proposal Requirements: Offeror shall submit the following information:

a. Provide completed, signed, and dated proposal using the Attachment (2) “Offer

Form”;

b. Provide completed, signed, and dated Attachment (3) “Representations and

Certifications”;

c. Provide a site map of the premises and a floor plan of the space being offered to reflect square footage; and

d. Register with System for Award Management (SAM) database.

7. Proposal Delivery.

a. Proposals must be received no later than 11:00 A.M. Pacific Daylight Time March 8, 2020. Facsimile submissions will not be accepted. Early submissions are accepted and welcomed. Offerors shall hand deliver, mail, or use an express mail service offers to the following address:

Commanding Officer

Naval Facilities Engineering Command, Southwest Attn: Ralna Martinez, Code AM1.RM (LI-13656) 1220 Pacific Highway, Bldg. 128 San Diego, CA 92132

b. Offer envelopes. Offerors shall affix their names and return addresses in the upper left corner of the offer envelope. Envelopes containing offers must be sealed. The outermost envelope or wrapper of proposal package shall clearly identify the RFP Number LI-13656 and the date and time offers are due. Clearly label “PROPOSAL ENCLOSED,” on the outermost envelope in which your offer is delivered.

c. Submission, modification, revision, and withdrawal of Proposal. Hard copy paper media proposals and modifications to proposals shall be submitted in sealed envelopes or packages, addressed to the office specified in 7.a., above, and showing the time and date specified for receipt, the RFP number (LI-13656), and the name and address of the Offeror. An Offeror using express mail should ensure that the proposal is marked on the outermost wrapper with the information in paragraph 7.b., above. A proposal may be modified or withdrawn by written notice sent by mail, or express mail and received at any time before award by the Real Estate Contracting Officer. Withdrawals are effective upon receipt of notice by the Real Estate Contracting Officer. Offerors may submit modifications to their proposals at any time before the RFP closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. The only acceptable evidence to establish the date of mailing of the proposal, modification, or withdrawal sent either by standard, registered or certified mail is the Postal Service postmark on the wrapper or on the original receipt from the Postal Service. If neither postmark shows a legible date, the proposal, modification or withdrawal shall be deemed to have been mailed late.

(The term "postmark" means a printed, stamped, or otherwise placed impression that is readily identifiable without further action as having been supplied and affixed on the date of mailing by the employees of the Postal Service.) The only acceptable evidence to establish the time of receipt at the office designated in 7.a., above is the time-date stamp of that office on the offer wrapper or other documentary evidence of receipt maintained by the Real Estate Contracting Officer. Notwithstanding the above, a late modification of an otherwise successful proposal, which makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

d. Continuing Offer. All offers received shall be deemed valid continuing offers from the date and time of receipt of offers until award by the Government, provided such award takes place within ninety (90) days of the Offer Due Date.

8. Amendments and Acknowledgement of Amendments to the RFP. Notification of any changes (amendments) to the RFP will be done via the Contract Opportunities (“beta.SAM.gov”) website at https://beta.sam.gov. It is the Offeror's responsibility to check the beta.SAM.gov website daily for any and all amendments to this RFP. Offeror shall acknowledge receipt of any amendment to this RFP by the date and time specified in the amendment(s). In addition, acknowledged amendments shall be submitted with the proposal. If this RFP is amended, all terms and conditions that are not amended remain unchanged.

9. Due Date. Proposals must be received no later than 11:00 am Pacific Daylight Time, March 8, 2020.

10. Evaluation and Award Factors. It is the intent of the Navy that after a thorough review and evaluation of all responsive proposals received, a single offeror will be selected for negotiation of the lease, and ultimate award. The Selected Offeror for the period of negotiations will be that offeror whose proposal provides the best overall value to the Navy and is determined to be most advantageous to the Navy; provided, however, that the Navy may at its option, and without any liability, choose to reject any and all proposals without justification.

The Facility and offered space must comply with ALL the requirements included in this RFP. Government may require inspection of the Facility and offered space. Attachment (4), including Exhibits “A” through “C”, provides a copy of the lease terms and conditions. The Lease will be awarded based on meeting ALL requirements and best overall value to the Navy.

This RFP shall not be considered a contract, a promise to a contract, or a commitment of any kind on behalf of the U.S. Government. A U.S. Government Lease will be required to be executed by the Real Estate Contracting Officer of Naval Facilities Engineering Command, Southwest, acting on behalf of the Department of the Navy.

11. Description of Lease and Execution Requirement. Within seven (7) days following award, successful Offeror(s) will be required to formally execute the Lease on a STANDARD FORM 2 (See Attachment (4)) with the GENERAL CLAUSES attached as Exhibit “A”; SPECIAL PROVISIONS attached as Exhibit “B”; and CONDITION REPORT attached as Exhibit “C”. Payment of rent shall be monthly in arrears.

Although the Government plans to lease for an initial period of one (1) year, with an option for the Government to renew for up to four (4) additional option terms of one (1) year or a portion thereof, the required time frame cannot be firmly established. The Government shall retain the right to terminate the lease in whole or in part at any time, without cause, by giving at least thirty (30) days written notice to the Lessor.

12. Payment. By participating in this competitive process, the Offeror understands and accepts that should he/she be selected for contract award, payments are made monthly in arrears.

13. Standard Conditions.

a. The Offeror/Lessor must have an active registration in the System for Award Management (SAM) (formerly Central Contractor Registration (CCR) Vendor Registration) (via the Internet at http://sam.gov) prior to lease award and throughout the term of the lease. The Lessor must update or renew registration annually. The Government will not process rent payments to Lessors without an active SAM Registration. The Government only recognizes changes of ownership of the leased premises after the new owner registers in the SAM system.

b. Award of this lease contract and all agreements related to the obligation of the Government to make payments pursuant to the award of this Lease contemplated in this RFP are subject to U.S. law and the availability of appropriations. Award of any lease contract under this RFP is contingent upon the availability of appropriated funds from which payments for contract purposes can be made. No legal liability on the part of the Government under this RFP or for any payment may arise until funds are made available to the Real Estate Contracting Officer for a lease contract and until the Offeror receives notice of such availability, to be confirmed in writing by the Real Estate Contracting Officer.

c. In the event sufficient funds are not made available, the Government shall not make an award under this RFP. Government reserves the right to cancel this RFP without award.

d. Any information given to a prospective offeror concerning this RFP will be furnished promptly to all other prospective offerors, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offeror.

e. 52.233-2 - SERVICE OF PROTEST (SEPT 2006)

i. Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Real Estate Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from NAVFAC Southwest Mailroom, 1220 Pacific Highway, Bldg. 128, San

Diego, CA 92132. The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

f. 552.270-3 - PARTIES TO EXECUTE LEASE

i. If the Lessor is an individual, that individual shall sign the lease. A lease with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words, “an individual doing business as _____________ [insert name of firm]”.

ii. If the Lessor is a corporation, the lease must be signed in the corporate name, followed by the signature and title of the officer or other person signing the lease on its behalf, duly attested, and, if requested by the Government, evidence of this authority to so act shall be furnished.

iii. If the Lessor is a partnership, the lease shall be signed with the partnership name, followed by the name of the legally authorized partner signing the same, and, if requested by the Government, a copy of either the partnership agreement or current Certificate of Limited Partnership shall accompany the lease.

iv. If the Lessor is a joint venture, the lease must be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this provision for each type of participant. When a corporation is participating in the joint venture, the corporation shall provide evidence that the corporation in authorized to participate in the joint venture.

v. If the lease is executed by an attorney, agent, or trustee on behalf of the Lessor, an authenticated copy of his power of attorney, or other evidence to act on behalf of the Lessor, shall accompany the lease.

g. 552.270-1 - INSTRUCTIONS TO OFFERORS—ACQUISITION OF

LEASEHOLD INTERESTS IN REAL PROPERTY (JUN 2011)

i. Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Real Estate Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing, writing or written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the RFP's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the RFP closing date, at the request of as allowed by a Real Estate Contracting Officer as the result or of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

ii. Amendments to RFP’s. If this RFP is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this RFP by the date and time specified in the amendment(s).

iii. Submission, modification, revision, and withdrawal of proposals.

1. Unless other methods (e.g., electronic commerce or facsimile) are permitted in the RFP, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages.

Offers must be:

a. Submitted on the forms prescribed and furnished by the Government as a part of this RFP or on copies of those forms, and

b. Signed. The person signing an offer must initial each erasure or change appearing on any offer form. If the offeror is a partnership, the names of the partners composing the firm must be included with the offer.

2. Late proposals and revisions.

a. The Government will not consider any proposal received at the office designated in the RFP after the exact time specified for receipt of offers unless it is received before the Government makes award and it meets at least one of the following conditions:

i. It was sent by registered or certified mail not later than the 5th calendar day before the date specified for receipt of offers (e.g., an offer submitted in response to RFP requiring receipt of offers by the

20th of the month must have been mailed by the 15th).

ii. It was sent by mail (or telegram or facsimile, if authorized) or hand-carried (including delivery by a commercial carrier) if it is determined by the Government that the late receipt was due primarily to Government mishandling after receipt at the Government installation.

iii. It was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and U.S. Federal holidays.

iv. There is acceptable evidence to establish that it was received at the activity designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers, and the Real Estate Contracting Officer determines that accepting the late offer would not unduly delay the procurement.

v. It is the only proposal received.

b. Any modification or revision of a proposal or response to request for information, including any final proposal revision, is subject to the same conditions as in subparagraphs (2)(a)(i) through (2)(a)(v) of this provision.

c. The only acceptable evidence to establish the date of mailing of a late proposal or modification or revision sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the proposal, response to a request for information, or modification or revision shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing.

Therefore, offerors or respondents should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

d. Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

e. The only acceptable evidence to establish the date of mailing of a late offer, modification or revision, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service- Post Office to Addressee” label and the postmark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service, “Postmark” has the same meaning as defined in paragraph (2)(c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, offerors or respondents should request the postal clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the envelope or wrapper.

f. Notwithstanding paragraph (2)(a) of this provision, a late modification or revision of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted prior to award

g. An offeror may withdraw its proposal by written notice or telegram (including mailgram) received at any time before award. If the RFP authorizes facsimile proposals, an offeror may withdraw its proposal via facsimile received at any time before award, subject to the conditions specified in the provision entitled “Facsimile Proposals.” Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award.

h. If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the RFP, and urgent Government requirements preclude amendment of the RFP or other notice of an extension of the closing date, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the RFP on the first work day on which normal Government processes resume. If no time is specified in the RFP, the time for receipt is 4:30 p.m., local time, for the designated Government office.

3. Any information given to a prospective offeror concerning this RFP will be furnished promptly to all other prospective offerors, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offeror.

4. Offerors may submit modifications to their proposals at any time before the RFP closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

5. After the RFP closing date and time, Offerors may submit revised proposals only if requested or allowed by the Real Estate Contracting Officer.

6. The Government will construe an offer to be in full and complete compliance with this RFP unless the offer describes any deviation in the offer.

iv. Lease Award.

1. The Government intends to award a lease resulting from this RFP to the responsible offeror whose proposal represents the best value after evaluation in accordance with the RFP.

2. The Government may reject any or all proposals if such action is in the Government's interest.

3. The Government may waive informalities and minor irregularities in proposals received.

4. The Government intends to evaluate proposals and award a lease without discussions with offerors (except clarifications). Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. If the Real Estate Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Real Estate Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. The Government reserves the right to conduct discussions if the Real Estate Contracting Officer later determines them to be necessary.

5. Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

6. The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line terms or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated lease price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A lease proposal may be rejected if the Real Estate Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

7. The execution and delivery of the Lease contract by the Government establishes a valid award and contract.

8. The Government may disclose the following information in post award debriefings to other offerors:

a. The overall ranking of all offerors, when any ranking was developed by the agency during source selection; and

b. A summary of the rationale for award.

14. Special Notices.

a. Payment Due. The initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the occupancy of space is effective. As provided for by the lease, subsequent rent shall be paid in arrears, and will be due on the first workday of each successive month.

b. Leased Premises. All Offers submitted must be for a minimum 23,000 SF to

74,000 SF child educational type facility.

c. Availability. Offered space must be available for occupancy on or around June 26, 2020.

d. Notification of PCB Hazardous Condition. The Lessor shall promptly notify the

Real Estate Contracting Officer and the tenant agency official of any leaks, spills, or other hazardous conditions, which involve polychlorinated biphenyls in any area of the Facility.

e. Termination – Erroneous Representation Concerning Polychlorinated Biphenyls (PCBs) and/or Hazardous Waste Management.

i. The certification regarding PCBs contained in the representation and certification provision of this RFP is a material representation of fact upon which the Government relies when making award. If it is later determined that the presence of PCBs has been misrepresented, the Government reserves the right to require the Lessor, at no cost to the Government, to remove or retrofit any PCB equipment present in the Facility, in accordance with EPA regulations, or alternatively the Government may terminate the lease. This is in addition to other remedies available to the Government.

ii. The certification regarding hazardous waste management contained in the representation and certification provision of this RFP is a material representation of fact upon which the Government relies when making award. If it is later determined that the presence of hazardous waste, or inappropriate handling thereof, has been misrepresented, the Government reserves the right to require the Lessor, at no cost to the Government, to take the necessary action to mitigate the hazardous waste condition, in accordance with local, state and Federal laws, or alternatively the Government may terminate the lease. This is in addition to other remedies available to the Government.