N33191-14-R-0633.pdf

SOLICITATION N33191-14-R-0633 RENOVATIONS TO SCHOOL #168 FOR CHILDREN WITH DISABILITIES, KYIV, UKRAINE

The purpose of this contract is provide the necessary design and construction for renovations to School #168 Children w ith Disabilities in Kyiv, Ukraine; in accordance w ith the attached Technical Specif ications (Attachment 1).

Proposals shall be submitted electronically to Mr. Erik Torngren at erik.torngren@eu.navy.mil on or before the time and date specif ied in Block 13 of this document.

Time = Central European Summer Time (CEST)

Pre-proposal questions w ill be accepted up to ten (10) days prior to the due date of proposals. Responses w ill be published via amendment to the solicitation.

In accordance w ith FAR 15.101-2, aw ard w ill be made to the low est price technically acceptable offeror.

In accordance w ith FAR 36.204, the magnitude of this project is expected to be betw een $250,000 and $500,000.

ERIK S. TORNGREN

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

24-Jun-2014

(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

X

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 _______15 calendar days and complete it w ithin ________360 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.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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 _______90 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

NAVFAC EUROPE AFRICA SOUTHWEST ASIA

VIALE PORTO CAPODICHINO

NAPOLI 80144

N33191

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(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:

N33191-14-R-0633 27

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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

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N33191-14-R-0633

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project

BASE ITEM

FFP

The Contractor shall provide all labor, supervision, materials, equipment and applicable safety precautions necessary to renovate School#168 for Children with Disabilities in Kyiv, Ukraine; complete and in accordance with the Performance Technical Specifications, Paragraph 2.

FOB: Destination

NET AMT

0002 1 Project

OPTION OPTION ITEM 1

FFP

The Contractor shall provide all labor, supervision, materials, equipment and applicable safety precautions necessary to provide additional roof repairs;

complete and in accordance with the Performance Technical Specifications, Paragraph 3.1.

Text Box

0003 1 Project

OPTION OPTION ITEM 2

FFP

The Contractor shall provide all labor, supervision, materials, equipment and applicable safety precautions necessary to replace hallway flooring and install handrails; complete and in accordance with the Performance Technical Specifications, Paragraph 3.2.

0004 1 Project

OPTION OPTION ITEM 3

FFP

The Contractor shall provide all labor, supervision, materials, equipment and applicable safety precautions necessary to provide additional facade repairs;

complete and in accordance with the Performance Technical Specifications, Paragraph 3.3.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 360 dys. ADC 1 N/A

0002 360 dys. ADC 1 N/A

0003 360 dys. ADC 1 N/A

0004 360 dys. ADC 1 N/A

Section 00100 - Instructions to Offerors

READ ALL INSTRUCTIONS CAREFULLY

I INSTRUCTIONS FOR PREPARATION OF PROPOSALS

1. GENERAL

Proposals shall be submitted electronically to Erik Torngren, erik.torngren@eu.navy.mil, on or before the time specified in Block 13 of the Standard Form (SF) 1442. The submittal closing time and receipt of proposals shall be established by the time on the receiving Contract Specialist computer. The offeror is responsible to verify Government receipt of proposals.

Proposals shall be submitted in English and sent in PDF format. Submit the Price Proposal and Non-Price Proposal in two separate PDF files. Total size shall not exceed 5 megabytes.

The solicitation will result in the award of one (1) firm-fixed price contract to one (1) successful offeror offering the

LOWEST PRICE TECHNICALLY ACCEPTABLE OFFER.

ALL QUESTIONS CONCERNING THIS SOLICITATION SHALL BE ADDRESSED TO ERIK TORNGREN

VIA EMAIL AT erik.torngren@eu.navy.mil.

2. FAR 52.236-27 - SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Lyudmyla Kyrylenko, U.S. Embassy Telephone: +38044-4941945 Email: lyudmyla.v.kyrylenko.ln@mail.mil

3. REQUIRED PROPOSAL DOCUMENTS

To be found responsible, the offeror shall submit all of the following requested items:

A) PRICE PROPOSAL

(1) Solicitation Submittal Requirements:

(a) STANDARD FORM 1442, SOLICITATION, OFFER, AND AWARD

- The Offeror MUST complete Blocks 14 through 20c. In Block 14 please include a Point of Contact with a valid phone number and email address. Offerors shall provide an NCAGE Code in Block 14.

(b) SECTION 00010 – SOLICITATION CONTRACT FORM, PRICE SCHEDULE

- The Offeror MUST fill out the amounts for CLINs 0001 through 0004 in Section 00010 – Solicitation Contract Form. The amounts shall be the total amount to complete the design and construction of the Base Item and Option Items 1 through 3. Offerors shall provide their Price Proposal priced in local currency, Ukrainian Hryvnia (UAH). Submit two (2) Price Schedules with your proposal, one Price Schedule inclusive of VAT and one Price Schedule exclusive of VAT. Proposals will be evaluated exclusive of VAT. Award will be made in UAH, inclusive of VAT.

(c) SECTION 00600 - REPRESENTATIONS AND CERTIFICATIONS

- The Offeror MUST sign and acknowledge the Representations and Certifications applicable to this procurement in Section 00600 – Representations and Certifications.

(2) Basis of Evaluation: The Government will evaluate price based on the total price, exclusive of VAT.

Total price consists of the Base Item and Option Items 1 through 3 (see Section 00010 – Solicitation Contract Form of the solicitation). The Government intends to evaluate the option items and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in Section 00700 Contract Clauses of the solicitation. In accordance with FAR 52.217-5, evaluation of the options will not obligate the Government to exercise the options. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the solicitation.

(ii) Comparison of proposed prices with the Independent Government Estimate.

(iii) Comparison of proposed prices with available historical information.

B) NON-PRICE PROPOSAL

The Technical Proposal MUST include the following factors:

Factor 1 - Corporate Experience:

Solicitation Submittal Requirements: The offeror MUST provide a minimum of one (1) but no more than two (2) relevant project(s) for which the offeror was the prime contractor or Joint Venture partner. Relevant project(s) MUST meet the following requirements:

1. Design and construction for a new building or design and construction for the renovation of an existing building with HVAC systems, plumbing systems, and electrical systems where the offeror performed or subcontracted the full design of the construction or renovation project executed; and

2. Demonstrate a similarity in magnitude with a value of at least $250,000.00; and

3. Performed within 5 years of the proposal due date of this solicitation; and

4. Must be at least 70% complete by the due date of this solicitation.

Failure to submit one (1) relevant project may lead to the offeror being eliminated from competition for failing to submit a complete proposal. If more than two (2) projects are submitted, only the two (2) most recently completed contracts will be evaluated.

Projects must show experience in both design and construction in order to be considered acceptable for this factor.

Use the Contract Data Sheet (Attachment 2) to submit projects. In lieu of the Contract Data Sheet, offerors can provide relevant project information documentation separately. Whether submitted on the Contract Data Sheet or as separate documentation, project descriptions for each project shall explain the detailed scope of work performed and the relevancy to the project requirements of this solicitation. Offerors must include sufficient information in their proposal to establish the relevancy of their submitted projects.

- All projects submitted that are outside of the specified period will not be considered relevant.

- Proposals that fail to provide all requested data, an accessible point of contact, or correct phone/fax numbers may result in the project not being evaluated or the project being found not relevant.

- The total length for each project shall not exceed two (2) pages.

A project is defined as a construction project performed under a single task order or contract. For multiple award and indefinite delivery/indefinite quality type contracts, the contract as a whole should not be submitted as a project and if submitted will not be evaluated; rather, offerors should submit the work performed under a task order as a project.

If the offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects should be submitted for each Joint Venture partner. Offerors are still limited to a total of two (2) projects combined.

The offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offer must provide a letter of commitment and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract.

Basis of Evaluation: To be considered Acceptable, the offeror must provide a minimum of one (1) relevant project meeting the following requirements:

1. Design and construction for a new building or design and construction for the renovation of an existing building with HVAC systems, plumbing systems, and electrical systems where the offeror performed or subcontracted the full design of the construction or renovation project executed; and

2. Demonstrate a similarity in magnitude with a value of at least $250,000.00; and

3. Performed within 5 years of the proposal due date of this solicitation; and

4. Must be at least 70% complete by the due date of this solicitation.

Factor 2 - Safety:

Solicitation Submittal Requirements: The offeror MUST provide a narrative describing the overall contract specific Safety Plan. At a minimum, the narrative shall include:

1. The procedures which will be implemented to ensure compliance and understanding of applicable Ukrainian safety laws and regulations and applicable US safety regulations (EM 385-1-1) to provide for a safe construction site for its employees.

2. Experience and qualifications of the Site Health and Safety Officer (full-time, on-site) to demonstrate compliance with Ukrainian requirements and with the requirements of EM385-1-1.

3. The offeror’s plan to select and monitor subcontractors, if any subcontractors are to be utilized.

4. Personal Protective Equipment for workers, as required by Ukrainian and EM 385-1-1 regulations.

5. Type of European Standard scaffolding to be used to demonstrate compliance with contract requirements.

The maximum number of pages allowed is two (2) pages, 8.5 x11, with a minimum of 12 font. If more than two (2) pages are submitted, only the first two (2) pages will be evaluated. The successful offeror will be required to provide an Accident Prevention Plan upon contract award (template provided as an attachment).

Basis of Evaluation: The Government is seeking to determine that the offeror has consistently demonstrated a commitment to safety and that the offeror plans to properly manage and implement safety procedures for itself and its subcontractors. The Government will evaluate the offeror’s overall safety record and the offeror’s plan to select and monitor subcontractors, if subcontractors are to be utilized. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete safety information regarding these submittal requirements rests with the offeror.

The offeror’s proposal will be evaluated as Acceptable if the following criteria are satisfied in the narrative:

1. A comprehensive technical approach to safety for its employees.

2. The Site Health and Safety Officer’s experience and qualifications meeting Ukrainian and EM 385-1-1 requirements.

3. An implementation plan to evaluate and measure safety performance of potential subcontractors, if any subcontractors are to be utilized.

4. Personal Protective Equipment for workers meeting Ukrainian and EM 385-1-1 regulations.

5. Scaffolding demonstrating compliance with contract requirements.

Factor 3 – Past Performance:

Solicitation Submittal Requirements: The offeror shall provide a past performance evaluation for each project submitted under Factor 1 – Corporate Experience. If a completed Construction Contractor Appraisal Support System (CCASS) or DD Form 2626 Performance Evaluation (Construction) is available, it shall be submitted with the proposal. If there is not a completed evaluation then the offeror shall submit Past Performance Questionnaires (Attachment 3) for each project included in Factor 1 – Corporate Experience.

If a Past Performance Questionnaire (PPQ) is submitted, ensure correct phone numbers and email addresses are provided for the client point of contact. Failure of references to be able to respond to past performance inquiries may preclude the evaluator’s ability to assign a past performance rating of Acceptable. If the client requests, questionnaires or separate past performance documentation may be submitted directly to the Government’s point of contact, Mr. Erik Torngren at erik.torngren@eu.navy.mil.

For all of the projects, offerors may include performance recognition documents such as awards, customer letters of commendation, and any other forms of performance recognition, if available. If the evaluation is in other than English, provide a translation of the evaluation into English.

The Government may review any other sources of information for evaluating past performance. Sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror.

Basis of Evaluation: The degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance considering:

- A pattern of successful completion of tasks;

- A pattern of deliverables that are timely and of good quality;

- How recently the tasks that are identical to, similar to, or related to the task at hand were performed.

To be considered Acceptable, a minimum of one (1) relevant project as defined in Factor 1 – Corporate Experience must have past performance ratings of “Satisfactory” or higher. Ratings of “Marginal” or lower will be considered “Unacceptable.”

Offerors lacking relevant past performance history, but not due to the offerors’ failure to provide past performance information, will not be evaluated favorably or unfavorably in past performance. In the context of acceptability/unacceptability “unknown” shall be considered “Acceptable.” However, as noted above, failure to submit one (1) relevant project may lead to the offeror being eliminated from competition for failing to submit a complete proposal.

II BASIS OF AWARD

THE SOLICITATION WILL RESULT IN THE AWARD OF ONE (1) FIRM-FIXED PRICE CONTRACT TO

ONE (1) SUCCESSFUL OFFEROR OFFERING THE LOWEST PRICE TECHNICALLY ACCEPTABLE

OFFER.

An overall non-price factors rating must be at least “ACCEPTABLE” in order to be eligible for award. An “UNACCEPTABLE” rating in any factor results in the overall non-price factors proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factors rating of “UNACCEPTABLE” makes a proposal ineligible for award.

In accordance with FAR 9.104-3, the Contracting Officer shall require acceptable evidence of the prospective contractor’s ability to obtain required resources and be determined responsible. If the Contracting Officer determines the lowest price technically acceptable offeror to not be responsible, the Government reserves the right to award to the next responsible, lowest price technically acceptable offeror. The Government may award to the lowest price technically acceptable offeror without discussions.

III REQUIREMENTS FOR OFFERORS

DUNS, NCAGE AND SAM REGISTRATION

The Government requires an offeror to have a current DUNS Number, NCAGE Code, and register in the System for Award Management (SAM) prior to award of a contract with the US Government. It is the responsibility of the offeror to comply and register. If you currently do not have a DUNS, NCAGE, or SAM registration, information is provided below to assist you. Offerors must provide a Dun and Bradstreet (DUNS) number and NCAGE code when submitting proposals.

IF YOU DO NOT ALREADY HAVE A DUNS OR NCAGE CODE THE FOLLOWING INSTRUCTIONS

ARE GIVEN:

DUNS:

Please take these steps to receive a DUNS number:

1. Go to http://fedgov.dnb.com/webform

2. Click "Begin DUNS Search"

3. Choose your country and fill out a short form.

4. Dun & Bradstreet will list up to 3 matches. If your entity is not listed, choose "request new DUNS" and continue from there. Dun & Bradstreet generally responds to each webform submittal within 24-48 hours.

SAM:

To create an account and access SAM as a new user:

1. Go to https://www.sam.gov

2. Click on “Create User Account”

3. Complete the requested information, and then click “Submit/Create.”

4. Select “Individual User Account.”

5. You will receive an email confirming you have created a user account in SAM. You can now register an entity, search For Official Use Only (FOUO) information, and (if you are a designated government official) enter exclusions into the system.

To register in SAM as an entity:

1. Login to SAM with your user ID and password (received after completing the steps above)

2. Gather all of the required information needed to complete your registration.

3. Click on "Register New Entity" from the left side navigation pane.

4. Complete and submit the online registration. It is estimated that it will take approximately 30 minutes to complete registration if you already have all the necessary information on hand, depending upon the size and complexity of your entity.

5. You will receive an email confirming that your registration is in process. Note that new registrations can take an average of 7-10 business days to process in SAM. SAM must send out some information for validation with outside parties before your registration can be activated.

Required information for SAM registration:

• Your Data Universal Numbering System (DUNS) number from Dun & Bradstreet, and the name and address associated with that DUNS

• Your Taxpayer Identification Number and the name associated with that TIN, if applicable (from your W- 2 or W-9)

• Your Contractor and Government Entity (CAGE) Code (or NCAGE), if you already have one (if you don't, one will be assigned to you during registration)

• Your Electronic Funds Transfer information, such as your financial institution's ABA Routing Number and your account number, along with the bank phone or fax number

**Please contact the Federal Service Help Desk at https://www.fsd.gov/app/sam/ if you have any questions during the registration process**

The DUNS and NCAGE numbers must be indicated on the SF 1442 in the same block as your company name.

ENGLISH SPEAKING REPRESENTATIVE

At all times when any performance of the work at the site is being conducted by any employee of the Contractor or his subcontractors, the Contractor shall have a representative present on the site who is capable of explaining the work operations and receiving instruction in the English language. The Contracting Officer shall have the right to determine without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contactor shall immediately replace any individual not acceptable to the Contracting Officer.

JOINT VENTURE REQUIREMENTS

Joint Venture (JV) offerors shall provide with their proposal a notarized legal document that establishes the JV. The JV Agreement shall take effect upon the submission of the proposal and remain irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. Submission of the notarized legal document that establishes the JV shall be furnished with the proposal in its original language version along with a certified English translation of the notarized JV document. The Joint Venture must be formed and valid at the time of submission of the proposal. The validated notarized legal document must include language that each member of the JV will be jointly and severally liable for the performance of the whole contract and will be incorporated into the contract award if award is made to the JV.

(a) Name of firms that form the Joint Venture and the name of the Joint Venture

(b) Name and title of the corporate officials signing in behalf of each party

(c) Solicitation number

(d) Description of the responsibilities in terms of work category for each partner

(e) The statement "The composition and structure of the Joint Venture will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government.”

(f) Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.

(g) Statement under oath stating that the Joint Venture(JV) is in compliance at the time of proposal submission with all applicable laws, rules, and regulations. This statement must be signed under oath by all members comprising the Joint Venture.

The U.S. Government reserves the right to review the actual JV Agreement to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV and its potential liabilities in relation to the contract (bonds, insurance, etc) will be sent to the Contracting Officer to provide notice of the same. Any change in the composition of the JV will require the JV to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer.

ATTACHMENTS

Attachment 1: Performance Technical Specification Attachment 2: Contract Data Sheet Attachment 3: Past Performance Questionnaire Attachment 4: Submittal Checklist (NO submittal required with the proposal. For information only)

PLEASE RE-READ ALL INSTRUCTIONS

CLAUSES INCORPORATED BY REFERENCE

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.236-28 Preparation of Proposals--Construction OCT 1997

Section 00600 - Representations & Certifications

CERTIFICATION REGARDING ACCEPTANCE OF SPECIFIC PROVISIONS OF THE CONTRACT

The Offeror hereby acknowledges that it has read and accepts the following clauses contained in FAR 52.204-8 Representations and Certifications (May 2012) that are applicable to this procurement.

52.203-2 Certificate of Independent Price Determination (Apr 1985)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)

52.209-5 Certification Regarding Responsibility Matters (Apr 2010)

52.222-38, Compliance with Veterans' Employment Reporting Requirements (Sep 2010)

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification (Aug 2009)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-- Representation and Certification (Dec 2012)

***THE CONTRACTOR HEREBY CERTIFIES THAT IT HAS THE APPLICABLE LICENSES AND

REGISTRATION TO DO BUSINESS IN THE COUNTRY OF UKRAINE. FAILURE TO PROVIDE THESE

DOCUMENTS UPON REQUEST WILL RESULT IN BEING INELEGIBLE FOR AWARD***

Date Contractor Signature

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

MAY 2012

52.211-13 Time Extensions SEP 2000 52.214-34 Submission Of Offers In The English Language APR 1991 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

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

DEC 2012

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002 52.232-17 Interest OCT 2010 52.232-27 Prompt Payment for Construction Contracts JUL 2013

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-34 F.O.B. Destination NOV 1991 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-3 Value Engineering-Construction OCT 2010 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A MAR 2014 252.204-7006 Billing Instructions OCT 2005 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

MAR 2014

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7048 Export-Controlled Items JUN 2013 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 360 calendar days after contract award. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $200 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 250 calendar days from contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS

TRANSFER INFORMATION (JULY 2013)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name:

NAVFAC EURAFSWA

Mailing Address:

PSC 817 BOX 51

FPO AE 09622-0001

Telephone Number:

011-39-081-568-7708

Person to Contact:

Mr. Erik Torngren

Electronic Address:

erik.torngren@eu.navy.mil

52.233-1 DISPUTES. (JUL 2002) -- ALTERNATE I (DEC 1991)

(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) Claim, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2) (i) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting any claimexceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act.

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use ADR. If the Contractor refuses an offer for alternative disputes resolution, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification described in subparagraph (d)(2)(iii) of this clause, and executed in accordance with subparagraph (d)(3) of this clause.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

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:

NAVFAC EUROPE AFRICA SOUTHWEST ASIA

PSC 817 BOX 51

FPO AE 09622-0001

ATTN: Contracting Officer Email: laura.haverlock@eu.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.

(End of provision)

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) - ALTERNATE II

(APR 1984).

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated.

(c) Where "as shown," as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed".

(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor.

Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. Upon completing the work under this contract, the Contractor shall furnish 2 sets of prints of all shop drawings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and accepted.

52.243-4 CHANGES (JUN 2007)

(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes--

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the Government-furnished property or services; or

(4) Directing acceleration in the performance of the work.

(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating

(1) the date, circumstances, and source of the order and

(2) that the Contractor regards the order as a change order.

(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment.

(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.

(e) The Contractor must assert its right to an adjustment under this clause within 30 days after

(1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the…