N0017820R4406.pdf

IDIQ Multiple Aw ard Construction Contract (MACC) for Naval Surface Warfare Center Dahlgren Division.

NAICS Code 236220. Size standard $39,500,000.00.

The available capacity for this MACC is $30,000,000.00, to be shared amongst all contract holders over a 5-year ordering period.

This solicitation is 100% set aside for Small Business HUBZone concerns.

SEAN MCGOVERN 540-653-4406

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

04-Sep-2020

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________06 Oct 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

NSWCDD 3

ATTN: SEAN MCGOVERN/0242

SEAN.T.MCGOVERN@NAVY.MIL

17632 DAHLGREN RD.

DAHLGREN VA 22448

N00178

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N0017820R4406 68

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N0017820R4406

Section 00 01 10 - Table of Contents

Section Content 001000 Solicitation 001100 Technical Factors and Basis for Award 045000 Representations and Certifications 007000 Conditions of the Contract 010000 General Requirements 010100 Scope of Services 010200 Task Order Process 010300 Safety 010400 Security 010500 General Requirements 010600 Contract Data Requirements List (CDRL) 010700 Construction Wage Rate Determination 010800 Clauses 010900 List of Attachments

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot MACC Ordering Period

FFP

Maintenance, sustainment, repair, and minor construction projects IAW Section 010100 SCOPE OF SERVICES. Five year ordering period.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot Data in Support of CLIN 0001

FFP

Not Separately Priced (NSP)

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 02-FEB-2021 TO

01-FEB-2026

N/A N/A

0002 POP 02-FEB-2021 TO

01-FEB-2026

N/A N/A

CONTRACT MINIMUM/MAXIMUM VALUE

The minimum contract value for all orders issued against this contract shall not be less than the minimum contract value stated in the following table. The maximum contract value for all orders issued against this contract shall not exceed the maximum contract value stated in the following table.

Minimum Amount Maximum Amount $500 $30,000,000

SOLICITATION

1. GENERAL INSTRUCTIONS

1.1. Offerors that intend to submit a proposal as a Prime Contractor shall submit a written non-binding notice of intent to the Contract Specialist, by email, at sean.t.mcgovern@navy.mil within fourteen (14) days of the solicitation release date. An informational copy shall also be sent to the Contracting Officer at daniel.belcher@navy.mil.

1.2. It is the Offeror's responsibility to bring to the attention of the Contracting Officer at the earliest possible time, but prior to the closing date, any ambiguities, discrepancies, inconsistencies, or conflicts between the SOW and other solicitation documents attached hereto or incorporated by reference. All questions shall be submitted to the Contract Specialist, by email, at sean.t.mcgovern@navy.mil within fourteen (14) days after issuance of this solicitation. An informational copy shall also be sent to the Contracting Officer at daniel.belcher@navy.mil.

1.3. Any questions received after fourteen (14) days after issuance of this solicitation may not be addressed and may not result in an extension to the proposal due date. Questions relating solely to an Offeror's possible Organizational Conflict of Interest shall be addressed directly to the Contract Specialist at sean.t.mcgovern@navy.mil. An informational copy shall also be sent to the Contracting Officer at daniel.belcher@navy.mil.

1.4. Price will not be evaluated in this solicitation in accordance with FAR 15.304(c)(1)(ii). Therefore, the Government intends to award to all qualifying Offerors in response to this solicitation. A qualifying Offeror must be deemed a responsible source (see FAR 9.104-1), and submit a technically acceptable proposal conforming to the requirements of this solicitation. Any Offeror who receives a No Confidence rating for either evaluation factor will not be considered technically acceptable. If the Contracting Officer determines that it is in the best interest of the Government, the Government may cease to continue evaluation of a proposal after assigning a “No Confidence” rating for Factor 1. In order to expedite the responsibility determination required by FAR 9.103(b), provide documentation of the Offeror’s adequate financial resources, or the ability to obtain them (FAR 9.104-3(a)). This documentation will only be used to establish responsibility in the event of contract award, and will NOT be used to evaluate pricing in subsequent Task Orders.

1.5. Offerors shall not submit more than one offer in response to this solicitation, and only offers submitted in accordance with these instructions will be accepted.

1.6. Proposals shall be clear and concise, and shall include sufficient detail to permit the Government to adequately evaluate and substantiate proposal statements.

1.7. The Government reserves the right to cancel this solicitation at any point before contract award. In the event this solicitation is canceled, the Government has no obligation to reimburse Offerors for any costs incurred.

1.8. The total magnitude for each construction project will be disclosed with each individual Task Order Request, but will not exceed $6 million for construction or $7.5 million for repairs.

1.9. This requirement is set-aside for HUBZone Small Business Concerns. Proposals from other Offerors will not be considered.

2. PROPOSAL SUBMISSION AND FORMAT

2.1. Proposals in response to this solicitation shall be valid for 365 calendar days (FAR 52.215-1(d)).

2.2. SAFE Submission

Electronic proposals shall be submitted via DoD Safe Access File Exchange (SAFE) https://safe.apps.mil/ (FAR 52.215-1(c)(1)). The Government will not accept proposals through any other medium.

In accordance with Paragraph 1.1, Offerors must notify the POCs listed above of their intent to propose within fourteen (14) days of the solicitation release date. The notification email shall include the name and email address of the Offeror representative submitting the proposal. Twenty one (21) days after the solicitation release date the Government will send a ‘drop-off request’ through DoD SAFE to the Offeror email provided. This request will provide the link required to submit proposals. It is the Offeror’s responsibility to confirm receipt once proposals are submitted.

Intent notifications due: Fourteen (14) days after solicitation release Drop-off request sent: Twenty One (21) days after solicitation release Proposals due: 6 October 2020, NLT 1400 ET

2.3. Operating System and Applications

Proposals will be accessed with the Microsoft Windows 10 Operating System. Proposal files shall be submitted using only the applications listed below:

Application / File Valid Extensions Portable Document Files .pdf Microsoft Word .doc / .docx Microsoft Excel .xls / .xlsx Microsoft Power Point .ppt / .pptx

2.4. Hyperlinks

Offerors may use hyperlinks within and among proposal Factor files. NOTE: Each Factor submission shall be on a stand-alone basis. Any information required for evaluation, and not found in its designated file, is assumed omitted from the proposal.

2.5. Virus Free Electronic Submission

Offerors shall ensure that proposals are virus free. The Offeror shall certify, in the proposal cover letter, that all electronic proposal information delivered throughout the evaluation (e.g., initial proposal, responses to evaluation notices, final proposal revisions) is virus free. Offerors shall specify the software, version, and virus definition used to check the data.

2.6. Multimedia and Graphics

Sound and video (e.g., MPEG) files shall not be imbedded within the proposal. Offerors should:

a. Avoid submitting large files

b. Simplify color palettes and minimize the use of color images or graphics;

c. Minimize size of graphics files; and

d. Avoid scanned images.

2.7. Pre-award Clearance

VETS-4212 (FAR 52.222-38): Provide documentation that the Prime, and any Sub-contractors over $100k (total value), is current with their reporting as required by FAR Subpart 22.13.

2.8. Proposal Format

Fonts: Proposal text fonts shall not be smaller than Microsoft Word Times New Roman 11 or Arial Narrow 12 point font, single column, normal character spacing and position. The text for charts, tables, graphs, and figures shall be no smaller than Microsoft Word, Times New Roman or Arial Narrow, 9 point font. Line spacing shall be at least single-spaced.

Pages: All pages shall be formatted as 8.5” x 11” letter size with one-inch margins all around. 11” x 17” is allowed for charts, tables, and graphs only. Any proposal text included on these pages, other than the information specific to the graphics, will not be considered in the evaluation. One 11” x 17” page will be counted as two pages. All material shall be contained within the page limits identified below for each section, and all appendices, charts, graphs, diagrams, tables, photographs, drawings, etc., are included in the page count. Not included in the page count are title pages, tables of content, glossaries of abbreviations, acronyms, or definitions. Evaluators will only evaluate up to the maximum number of pages specified in Table 2 below.

Headers and Footers: Information contained in headers and footers shall only provide company name, solicitation number, proposal section (e.g. Factor 1), disclosure markings (FAR 52.215-1(e)), dates, or page numbers. Text sizes shall be no smaller than Microsoft Word, Times New Roman or Arial Narrow, 9 point font.

TABLE 2: PROPOSAL PAGE LIMITS

Section Pages Business Cover Letter (FAR 52.215-1(c)(2)) Mandatory Requirements Pre-Award Documentation Partnering Documentation Solicitation Section Responses

2 pages 5 pages No Limit No Limit No limit

Factors Prior Experience (Factor 1) Past Performance (Factor 2)

10 pages 10 pages

2.9. Business Volume

Cover Letter: The Cover Letter shall indicate the Offeror’s unconditional agreement to the terms and conditions in this solicitation. Offeror shall identify all enclosures being transmitted as part of the proposal, proposed Sub-contractors to be utilized under the contract, and type of sub-contract the Prime will have with each Sub-contractor.

The letter shall also include the CAGE code, DUNS number, and DCMA/DCAA Points of Contact (if applicable) for the Prime Contractor and all proposed Sub-contractors.

Mandatory Requirements: The Offeror shall demonstrate the compliance with the Mandatory Requirements listed below. In addition, all Mandatory Requirements shall be maintained throughout the life of the Contract. An Offeror not meeting all of these requirements at time of proposal submission will not be considered for award. The mandatory requirements are as follows:

Requirement 1: Facility Security Clearance:

The Contractor’s primary facility for supporting this contract is required to have and maintain a Facility Security clearance of SECRET.

Requirement 2: Personnel Security Clearances:

All personnel assigned to this contract shall possess, and maintain at a minimum, SECRET security clearances. An interim SECRET (S) clearance is acceptable.

Requirement 3: Facility Location:

The Prime Contractor’s primary facility providing support to this requirement must be located within 100 miles of NSWCDD (Naval Surface Warfare Center Dahlgren Division) in Dahlgren, VA.

Pre-Award Documentation: Include the documentation required in accordance with Section 2.7 above.

Partnering Documentation: Provide documentation identifying the arrangement and disclosing company relationships (FAR 9.603) for any Joint Venture, Teaming Arrangement, Mentor-Protégé, etc. established for the purposes of this solicitation.

Solicitation Section Responses: The Offeror shall either include a statement that a potential organizational conflict of interest does not exist at any tier or present a plan to neutralize any actual or perceived organizational conflicts of interest in accordance with L-209-H009. The statement and/or mitigation plan shall cover all Team Members.

Offerors shall complete the Representations and Certifications as instructed in Section 004500 - Representations, Certifications and Other Statements of Offerors.

001100 TECHNICAL FACTORS AND BASIS FOR AWARD

1. BEST VALUE SOURCE SELECTION FACTORS

Each proposal will be evaluated on two separate Factors. The distinction between the two Factors is described as follows:

1. Prior Experience - pertains to whether or not the Offeror has previously performed work that is similar to the type of work covered by this requirement in terms of size, scope, and complexity. Size refers to contract/task order/project dollar value and duration; scope refers to work that is the same or similar to that identified in Section 010100 Scope of Services; and complexity refers to performance challenges and environmental conditions similar to that expected for the facilities and conditions described by the solicitation. Prior Experience assesses the Offeror’s ability to perform the work successfully based on whether similar work has been performed in the past. An Offeror without demonstrated prior experience may be rated less favorably than an Offeror with such prior experience.

2. Past Performance - pertains to how well an Offeror has performed on its demonstrated prior experience.

Past Performance assesses the risk of doing business with an Offeror based on the quality of performance on similar efforts in the past, if any. Offerors without a record of Past Performance or for whom information on Past Performance is not available will be evaluated neither favorably nor unfavorably.

2. FACTOR 1 – PRIOR EXPERIENCE

2.1 Corporate Summary: Provide an overview of the Offeror’s corporate or business history. Include answers to the following questions as applicable:

1. How long has the Offeror been in the construction business?

2. Where do the majority of the Offeror’s construction projects occur?

3. What licenses or certifications are held by the Offeror?

4. What industry awards have the Offeror received?

5. Has the Offeror received any citations, lawsuits, or prosecutions?

2.2 The Offeror shall submit no more than five construction projects that best demonstrate prior experience on projects that are similar in size, scope, and complexity to the projects that will be ordered under this MACC. All submissions shall be for projects performed by the Offeror within the last five years of the issue date of this RFP and may be for military, federal, state and local government, or private projects. Projects may have been performed as a Prime or Sub-contractor, however projects performed as a Sub-contractor will be valued less than those performed as a Prime. All projects shall be single tasks, contracts, or jobs. Offerors shall not submit whole IDIQ contracts as a single project.

2.3 The projects submitted under this Factor shall include the following:

1. Contract/Task Order number, Project title

2. Contract Type, dollar value, and location of the work performed

3. If work was performed as a Prime or Sub-contractor

4. Project Completion Date (or indicate if ongoing)

5. Description of any licenses/qualifications required for performance

6. Clear description of the size, scope, and complexity of the work performed for the project and the project’s similarity to the requirements of the RFP. The Government is not bound by the Offeror’s opinion in determining similarity.

7. How the company’s learning and experience from the project will provide value to the Government.

2.4 The prior experience confidence rating, as defined in the table below, is the evaluation of the Offeror’s demonstrated ability to successfully perform the contract’s requirements, based on Prior Experience information.

3. FACTOR 2 – PAST PERFORMANCE

3.1 For each project submitted for prior experience, Offerors shall provide a reference for the Offeror familiar with the project who can confirm the quality of the Offeror’s work on the project. Offerors shall submit any CPARS data for a project, if applicable. References shall include the following items:

1. Contract/Task Order number, Project title

2. Name, telephone numbers, and e-mail for the reference

3.2 The Government may also use other information available from Government sources to evaluate an Offeror’s past performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the Offeror.

3.3 The past performance confidence rating, as defined in the table below, is the evaluation of the Offeror’s demonstrated ability to successfully perform the contract’s requirements, based on past performance information.

3.4 Adverse Past Performance is defined as Past Performance information that supports 1) a less than satisfactory rating; or 2) any unfavorable comments received from sources without a formal rating system that cause evaluator concern. When a performance record indicates performance problems, the Government will consider the number and severity of the problems and the appropriateness and effectiveness of any corrective actions taken (not just

Rating Description

High Confidence Based on the Offeror’s prior experience record, the Government has high confidence that the Offeror understands the requirement and will be successful in performing the work.

Some Confidence Based on the Offeror’s prior experience record, the Government has reasonable confidence that the Offeror understands the requirement and will be successful in performing the work.

Low Confidence Based on the Offeror’s prior experience record, the Government has low confidence that the Offeror understands the requirement and will be successful in performing the work.

No Confidence Based on the Offeror’s prior experience record, the Government has no confidence that the Offeror understands the requirement and will be successful in performing the work.

Rating Description Substantial Confidence

Based on the Offeror’s performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Limited Confidence

Based on the Offeror’s performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence Based on the Offeror’s performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.

Unknown Confidence (Neutral)

No performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

planned or promised). The Government may review more recent contracts or performance evaluations to ensure corrective actions have been implemented and to evaluate their effectiveness. In accordance with FAR 15.306(b)(4), if a competitive range is to be established, communications must be held with any Offeror who will be excluded from competition because of adverse Past Performance information, unless the Offeror has previously had the opportunity to comment on such information.

3.5 Offerors without a record of Past Performance or for whom information on Past Performance is not available will not be evaluated favorably nor unfavorably, and as a result, will receive a “Neutral Confidence” rating for this Factor.

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-1 Notice Of Standard Competition MAY 2006 52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

OCT 2016

52.214-22 Evaluation Of Bids For Multiple Awards MAR 1990 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-16 Facilities Capital Cost of Money JUN 2003 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

CLAUSES INCORPORATED BY FULL TEXT

52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision.

Additional copies will be issued for a fee.

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; x DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price Multiple Award Indefinite-Delivery-Indefinite-Quantity (FFP MAC IDIQ) contract resulting from this solicitation.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) 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 Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer.

Daniel Belcher, Contracting Officer, Code 0241 Daniel.belcher@navy.mil

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/content/regulations

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

N/A at this time

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

L-204-H001 FACILITY SECURITY CLEARANCE (NAVSEA) (OCT 2018)

(a) No award will be made to any offeror which does not possess a facility security clearance issued by the Defense Security Service at the level stated in the Contract Security Classification Specification, DD Form 254. Naval Sea Systems Command will initiate appropriate security clearance action for any apparent successful offeror which does not already possess such clearance. The Government is not obligated to delay award pending security clearance of any offeror.

(b) The security classification of this procurement is specified in the Contract Security Classification Specification, DD Form 254, attached hereto.

L-204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT

FILES (NAVSEA) (APR 2019)

(a) NAVSEA may use a contractor to manage official contract files hereinafter referred to as "the support contractor", including the official file supporting this procurement. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File management services consist of any of the following:

secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file management services are acquired will contain a requirement that

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the offeror may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed Protected Information, for the unauthorized duplication, release, or disclosure of such Protected Information.

(c) Submission of a proposal will be considered as consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file management support contractor for the limited purpose of executing its file support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Offerors are free to enter into separate non-disclosure agreements with the file support contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the files or otherwise encumber the government.

L-209-H009 NOTIFICATION OF POTENTIAL ORGANIZATIONAL CONFLICT(S) OF INTEREST (NAVSEA)

(DEC 2018)

(a) Offerors are reminded that certain existing contractual arrangements may preclude, restrict or limit participation, in whole or in part, as either a subcontractor or as a prime contractor under this competitive procurement. Of primary concern are those contractual arrangements in which the Offeror, if the awardee of the contract under this solicitation, would provide support to other construction and architectural engineering tasking at NSWCDD, or other laboratories identified in the Scope of Services Section 010100, Paragraph 1.1, that relate to, or effect performance of support tasking herein. General guidance may be found in FAR 9.505; however, this guidance is not all inclusive. The Offeror's attention is directed to the "Organizational Conflict of Interest" (or similar) text which may be contained in current or completed contract(s) which prohibits the prime or subcontractor from providing certain supplies or services to the Government as described above during the period of the current "support" contract(s) or for a period after completion of the "support" contract(s). Notwithstanding the existence or non-existence of an Organizational Conflict of Interest (OCI) clause or similar text in current or completed contract(s), the offeror shall comply with FAR 9.5 and identify whether an OCI exists or there is potential for an OCI and not rely solely on the presence of an OCI text

(b) If a potential conflict of interest exists at any tier, each potential prime offeror shall notify the Contracting Officer within 14 days of the date of this solicitation. The Offeror shall provide: (1) the contract number and name and phone number of the Contracting Officer for the contract which gives rise to a potential organizational conflict of interest; (2) a copy of the requirement; (3) the statement of work (or technical instruction) from the existing contract; (4) a brief description of the type of work to be performed by each subcontractor under the competitive procurement; and (5) any additional information the Contracting Officer should consider in making a determination of whether a conflict of interest exists. The Government may independently verify the information received from the offeror. Notwithstanding the above, the Government reserves the right to determine whether a conflict of interest exists based on any information received from any source.

(c) The Government will notify an offeror of any conflict of interest within 14 days of receipt of all required information. Those offerors deemed to have a conflict of interest may be ineligible for award under this solicitation. An Offeror’s failure to provide the information in a timely manner does not waive the Government's rights to make a conflict of interest determination. The offeror is notified that if it expends time and money on proposal preparation, such expenditure is at its own risk that the Government will not determine that an organizational conflict of interest exists.

(d) Any potential prime contractor which proposes a subcontractor later determined to have a conflict of interest and deemed ineligible to participate in the current competition, may not be granted the opportunity to revise its proposal to remove the ineligible subcontractor. The Government reserves the right to determine which offerors remain in the competitive range through the normal source selection process.

(e) If the offeror determines that a potential organizational conflict of interest does not exist at any tier, the offeror shall include a statement to that effect in its response to this solicitation.

L-215-H004 INSTRUCTIONS FOR PRICING OF CONTRACT DATA REQUIREMENTS LIST (NAVSEA)

(OCT 2018)

(a) The Offeror shall complete the “Price Group” (Block 17) and “Estimated Total Price” (Block 18) of each data item on the Contract Data Requirements List (CDRL) of this solicitation using the following instructions:

(1) Block 17. Use the specified price group defined below in developing estimated prices for each data item on the DD Form 1423:

(a) Group I. Definition – Data which is not otherwise essential to the offeror’s performance of the primary contracted effort (production, development, testing, and administration) but which is required by DD Form 1423.

(i) Estimated Price – Costs to be included under Group I are those applicable to preparing and assembling the data item in conformance with Government requirements, and the administration and other expenses related to reproducing and delivering such data items to the Government.

(b) Group II. Definition – Data which is essential to the performance of the primary contracted effort but the offeror is required to perform additional work to conform to Government requirements with regard to depth of content, format, frequency of submittal, preparation, control, or quality of the data item.

(i) Estimated Price – Costs to be included under Group II are those incurred over and above the cost of the essential data item without conforming to Government requirements, and the administration and other expenses related to reproducing and delivering such data items to the Government.

(c) Group III. Definition – Data which the offeror must develop for his internal use in performance of the primary contracted effort and does not require any substantial change to conform to Government requirements with regard to depth of content, format, frequency of submittal, preparation, control, or quality of the data item.

(i) Estimated Price – Costs to be included under Group III are the administrative and other expenses related to reproducing and delivering such data items to the Government.

(d) Group IV. Definition – Data which is developed by the contractor as part of his normal operating procedures and his effort in supplying these data to the Government is minimal.

(i) Estimated Price – Group IV items should normally be shown on the DD Form 1423 at no cost.

(2) Block 18. For each data item, enter an amount equal to that portion of the total price which is estimated to be attributable to the production or development for the Government of that item of data. The estimated data prices shall be developed only from those costs which will be incurred as a direct result of the requirement to supply the data, over and above those costs which would otherwise be incurred in performance of the contract if no data were required. The entry “N/C” for “no charge” will be acceptable. The estimated price shall not include any amount for rights in data. The Government’s rights to use the data shall be governed by the pertinent provisions of the contract.

L-215-H007 SUBMISSION OF QUESTIONS BY OFFERORS — ALTERNATE I (NAVSEA) (FEB 2020)

(a) Offerors may submit questions or request clarification of any aspect of this solicitation. It is the Offeror’s responsibility to bring to the attention of the Contracting Officer at the earliest possible time, but prior to the closing date, any ambiguities, discrepancies, inconsistencies, or conflicts between the SOW or PWS (as applicable) and other solicitation documents attached hereto or incorporated by reference. Each question should identify solicitation number, document, page number, paragraph number or other identifier relating to the question. Questions without this information may not be answered. Acknowledgment of questions received will not be made.

(b) The deadline for receipt of questions is fourteen (14) days after issuance of this solicitation. Although every effort will be made, the Government makes no guarantee that questions received after the date above will be answered.

(c) All questions shall be submitted via email to the point of contact listed for this solicitation. Responses will be posted to the beta.SAM web page at https://www.beta.SAM.gov.

M-215-H002 MULTIPLE AWARDS (NAVSEA) (OCT 2018)

It is the intent of the Government to award more than one contract as a result of this solicitation. The Government reserves the right to make one or more awards based upon the number of acceptable proposals received and the availability of funding.

Section 00 45 00 - Representations and Certifications

52.204-7 System for Award Management OCT 2018 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.236-28 Preparation of Proposals--Construction OCT 1997 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is…