Solicitation_N33191-13-R-1005.pdf

N33191-14-R-1005, DESIGN-BUILD/DESIGN-BID-BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR NEW CONSTRUCTION, RENOVATION, ALTERATION AND REPAIR PROJECTS, NSA BAHRAIN, KINGDOM OF BAHRAIN

GENERAL DESCRIPTION: Construction projects to be performed w ill primarily consist of general building type projects (new construction, renovations, alterations, demolition, repair w ork, and any necessary design) including: w aterfront, pier, quay, industrial, airf ield, aircraft hangar, infrastructure, administrative, training, retail, food service, dormitory, community support facilities and both vertical and horizontal construction for Department of Defense activities in the Bahrain and UAE areas managed by NAVFAC EURAFSWA.

Duration of the contracts w ill be a 12-month Base Period w ith four (4) 12-month option periods, for a total of 60 months, or a total aggregate maximum value of $48,000,000 for all MACC task orders aw arded across all contractors – w hichever comes f irst. Option periods shall be executed at the Government's discretion.

The minimum guarantee for each offeror aw arded a contract is $10,000 over the f ive (5) year period.

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

05-Dec-2013

(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 __________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 _______150 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-1005 52

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

N33191-14-R-1005

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 48,000,000 Each Base Period

FFP

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract, with no pre-established fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by the Contracting Officer or his/her properly authorized representatives, who will issue Task Order Requests for Proposal to MACC awardees. Award of task orders will be on a firm fixed price basis. The effective period of the resultant contract will be a Base Period plus four (4) one-year option periods, or a total aggregate MACC value not to exceed $48,000,000, whichever occurs first.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each OPTION Option Period 1

FFP

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract, with no pre-established fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by the Contracting Officer or his/her properly authorized representatives, who will issue Task Order Requests for Proposal to MACC awardees. Award of task orders will be on a firm fixed price basis. The effective period of the resultant contract will be a Base Period plus four (4) one-year option periods, or a total aggregate MACC value not to

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Each OPTION Option Period 2

FFP

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract, with no pre-established fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by the Contracting Officer or his/her properly authorized representatives, who will issue Task Order Requests for Proposal to MACC awardees. Award of task orders will be on a firm fixed price basis. The effective period of the resultant contract will be a Base Period plus four (4) one-year option periods, or a total aggregate MACC value not to

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Each OPTION Option Period 3

FFP

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract, with no pre-established fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by the Contracting Officer or his/her properly authorized representatives, who will issue Task Order Requests for Proposal to MACC awardees. Award of task orders will be on a firm fixed price basis. The effective period of the resultant contract will be a Base Period plus four (4) one-year option periods, or a total aggregate MACC value not to

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Each OPTION Option Period 4

FFP

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract, with no pre-established fixed contract prices. The actual amount of work to be performed and the time of such performance will be determined by the Contracting Officer or his/her properly authorized representatives, who will issue Task Order Requests for Proposal to MACC awardees. Award of task orders will be on a firm fixed price basis. The effective period of the resultant contract will be a Base Period plus four (4) one-year option periods, or a total aggregate MACC value not to

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 0005 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

CONTRACT TABLE OF CONTENTS

(1) SOLICITATION DOCUMENTS FOR N33191-14-R-1005

PART 1 – PROPOSAL FORMS AND DOCUMENTS

SOLICITATION, OFFER AND AWARD (SF1442)

00010 SOLICITATION CONTRACT FORM

00100 INSTRUCTIONS TO OFFERORS/

EVALUATION FACTORS FOR AWARD

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS/

TASK ORDER ISSUANCE PROCEDURES

DOCUMENT 00100

INSTRUCTIONS TO OFFERORS

1.1 GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

1.2 PRE-PROPOSAL CONFERENCE AND SITE VISIT

1.3 ENGLISH SPEAKING REPRESENTATIVE

1.4 JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS

(LTD), ETC.

1.5 SYSTEM FOR AWARD MANAGEMENT

1.6 CAGE/NCAGE CODE

1.7 INSTRUCTIONS FOR THE SUBMISSION OF OFFERS

1.8 INSTRUCTIONS FOR SUBMITTING PRE-PROPOSAL INQUIRIES (PPI)

1.9 AMENDMENTS

1.10 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

1.12 BONDS AND CERTIFICATES – PERFORMANCE GUARANTEE WITH LETTER SAMPLE

--End Document Table of Contents--

1.1 GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

A Multiple Award Construction Contract (MACC) is a contract awarded from a single solicitation, and may result in award to multiple contractors. This procurement consists of one solicitation with the intent to award approximately five (5) Indefinite Delivery/Indefinite Quantity (IDIQ) contracts to the offerors whose proposals, conforming to the RFP, will be most advantageous to the Government resulting in the best value, price and non-price factors considered. The Government reserves the right to award less than or more than five (5) contracts, should it be deemed to be in the best interest of the Government to do so. Successful offerors will compete for future work during the term of the contract

Construction projects to be performed will primarily consist of general building type projects (new construction, renovations, alterations, demolition, repair work, and any necessary design) including: waterfront, pier, quay, industrial, airfield, aircraft hangar, infrastructure, administrative, training, retail, food service, dormitory, community support facilities and both vertical and horizontal construction for Department of Defense activities in the Bahrain and UAE areas managed by NAVFAC EURAFSWA. Vertical Construction is defined as construction that creates vertical elements such as a building, a tower, or an elevated tank. Horizontal Construction is defined as construction that is primarily of a horizontal nature, such as pavements, pipelines, earthwork, sidewalks, underground tanks, and buried conduit.

Work will be needed in three distinct geographic areas: (1) Manama, (Northern) Bahrain - includes NSA Bahrain, NSA II (Waterfront), Bahrain International Airport (AV Unit), Juffair Compound; (2) Southern Bahrain – includes Isa Air Base, Bahraini Defense Force (BDF) Main; and (3) UAE – includes Jebel Ali, Al Dhafra Air Base, Fujairah, Abu Dhabi. Work may be required in other areas if deemed necessary and approved by the NAVFAC EURAFSWA Chief of Contracts.

1.2 PRE-PROPOSAL CONFERENCE AND SITE VISIT

(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) An organized Pre-Proposal Conference will be scheduled only for the successful offerors of Phase I.

1.3 ENGLISH SPEAKING REPRESENTATIVE

At all times when any performance of the work at the site is being conducted by an employee of the Contractor or his subcontractors, the contractor shall have a representative present on the site capable of explaining the work operations and receiving instructions 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 Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

1.4 JOINT VENTURES (JV) AGREEMENTS

FOR THE PURPOSES OF THIS SOLICITATION, A JOINT VENTURE (JV) REFERS TO A U.S.-STYLED

FORMAL LEGAL ENTITY IN THE NATURE OF A PARTNERSHIP COMPRISED OF TWO OR MORE

PERSONS OR COMPANIES. EACH JOINT VENTURE MUST PROVIDE ONE (1) CAGE/NCAGE CODE,

ONE (1) DUNS NUMBER FOR THE JOINT VENTURE AND ONE (1) DUNS NUMBER FOR EACH

MEMBER COMPRISING THE JOINT VENTURE. EACH JOINT VENTURE MUST BE REGISTERED IN

THE CCR USING THE NAME OF THE JOINT VENTURE.

Joint Venture Offerors (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.

1. The Joint Venture Agreement shall include, at a minimum, the following:

(a) Name of firms that form the JV and the name of the JV.

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

(c) Solicitation number.

(d) Description of the responsibilities in terms of work category for each member (for example: Firm A performing 100% of design).

(e) The statement "The composition and structure of the JV will remain unchanged from award to one (1) year after contract completion.”

(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 (performance guarantee, 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.

1.5 SYSTEM FOR AWARD MANAGEMENT

1. System for Award Management (SAM) registration is required for all offerors, including Joint Venture (JV) offerors (registration must state the NAME of the JV). SAM registration can be accomplished at https://www.sam.gov. Offerors not registered in SAM shall obtain a DUN & Bradstreet (DUNS) number and a CAGE or NCAGE prior to registering in SAM.

2. A DUNS number is required for all offerors, including JV offerors. In addition to the DUNS number required for JV offerors, JV offerors must provide a DUNS number for each member comprising the JV. DUNS numbers can be obtained at http://fedgov.dnb.com/webform. The DUNS number is required in order to register in SAM.

1.6 CAGE/NCAGE CODE

1. A CAGE/NGAGE Code is required for all offerors, including JV offerors. JV offerors must acquire a CAGE/NCAGE Code registered in the JV name.

2. U.S. Offerors, including Joint Venture offerors: U.S. offerors must obtain a CAGE Code prior to registering in the SAM database, which is part of the SAM registration process.

3. Non-U.S. (foreign) Offerors ONLY: Non-U.S. offerors must obtain a NATO CAGE (NCAGE) Code instead of a CAGE Code prior to registering in the SAM database. NCAGE codes may be obtained at the NCAGE website http://www.dlis.dla.mil/Forms/Form_AC135.asp.

1.7 INSTRUCTIONS FOR THE SUBMISSION OF OFFERS

PHASE I

a. Submit the following via email to Erik Torngren at erik.torngren@eu.navy.mil and Joseph Martinez at joseph.a.martinez@eu.navy.mil no later than Monday, 6 January 2014 at 14:00 Central European Time (CET).

Submit the Non-Price Proposal with the following subject line:

“SOLICITATION N33191-14-R-1005 BAHRAIN MACC”

1. Cover letter in accordance with FAR 52.215-1(c)(2), including Solicitation Number; name, address, telephone and email address of the Offeror; in case the Offeror is a JOINT VENTURE (JV), the name of the JV MUST BE CLEARLY IDENTIFIED; Name, title, and signature of the person authorized to sign the proposal;

DUNS Number and CAGE or NCAGE Code of the Offeror, in case the Offeror is a JOINT VENTURE (JV), provide a DUNS Number for each member of the JV.

2. Completed (Blocks 14 through 20c), signed and dated Standard Form (SF) 1442, Solicitation, Offer, and Award.

3. Acknowledgement of all amendments.

b. NON-PRICE PROPOSAL (FACTORS 1, 2, AND 3): The Non-Price Proposal shall be submitted via email to Erik Torngren at erik.torngren@eu.navy.mil and Joseph Martinez at joseph.a.martinez@eu.navy.mil no later than Monday, 6 January 2014 at 14:00 Central European Time (CET). Submit the Non-Price Proposal with the following subject line:

“SOLICITATION N33191-14-R-1005 BAHRAIN MACC NON-PRICE PROPOSAL”

Multiple e-mails may need to be sent for any of the submissions, if your e-mail exceeds 5MB. The U.S. Navy computer server will only accept e-mails with attachments up to 5MB. If you need to submit more than one e-mail for the above submission, number them at the end of the e-mail subject title as “1 of ?”, “2 of ?”, etc.

Proposals not received at the above address on or before the hour and date set for the receipt of proposals shall be considered late, subject to the provisions of FAR Clause 52.215-1 Instructions to Offerors -- Competitive Acquisition (JAN 2004).

The NON-PRICE PROPOSAL shall include the following:

(1) First page of the proposal shall be in accordance with FAR 52.215-1(c)(2)

(2) All information required by Factor 1, Technical Approach

(3) All information required by Factor 2, Experience

(4) All information required by Factor 3, Past Performance

1.8 INSTRUCTIONS FOR SUBMITTING PRE-PROPOSAL INQUIRIES (PPI)

Pre-Proposal Inquiries (PPI) regarding the solicitation shall be submitted in writing via electronic mail to Mr. Erik Torngren, Contract Specialist, at erik.torngren@eu.navy.mil and Mr. Joseph Martinez, Contract Specialist, at joseph.a.martinez@eu.navy.mil. Pre-Proposal Inquiries shall reference the drawing/detail and/or the specification section, including paragraph number. Verbal queries will not be entertained. Responses to the Pre-Proposal Inquiries will be provided as an attachment to an amendment and will be posted on the Federal Business Opportunities (FBO) website at https://www.fbo.gov. The Government may not respond to Pre-Proposal Inquiries submitted less than 10 days before the proposal receipt due date. The Pre-Proposal Inquiry (PPI) Template is provided as Attachment 3.

1.9 AMENDMENTS

Amendments will be posted to the FBO website https://www.fbo.gov. It is highly recommended that firms register on FBO as plan holders. It is the offeror’s responsibility to check the FBO website periodically for any amendments to the solicitation.

1.10 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

FAR §9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation. The following information shall be submitted:

a. Company financial statements (balance sheets and income statements) for the past two years.

b. Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the offeror plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort.

For joint ventures, discuss the financial responsibilities among companies and provide the same information for each partner.

1.11 PERFORMANCE GUARANTEE OR BOND REQUIREMENTS

The Contractor shall provide a performance guarantee or payment and performance bonds for the duration of any and all active task orders greater than $150,000 or as required by the Contracting Officer. Performance guarantee or payment and performance bonds are returned or relieved at the successful completion of any warranty period in force.

For task orders with a value greater than $30,000, but not greater then $150,000, the Contractor shall provide one of the following two payment protections:

1. Payment Bond

2. Irrevocable Letter of Credit

SAMPLE OF PERFORMANCE GUARANTEE ISSUED BY A BANK

If the Contractor chooses a bank letter of guarantee or other approved deposit, then the amount shall be no less than 10%. This sample meets the material requirements of clause NFAS 5252.228-9306, “Performance Guarantee.” The Government will accept as valid a Performance Guarantee conforming to these requirements.

BANK LETTERHEAD

To: United States of America U.S. Department of Navy Naval Facilities Engineering Command, Europe Africa Southwest Asia Viale Porto, Box 51 Aeroporto Capodichino 80144, Napoli, Italia

Attention: Contracting Officer Date _____________ Bank Letter of Performance Guarantee No. _______

This is a letter of performance guarantee. I/We, the undersigned, acting as the duly authorized representative(s) of the Bank, declare that the Bank hereby guarantees and is jointly and severally liable as guarantor with the Contractor named below to effect payment to the Contracting Office that issued the contract stated below, by check made payable to the “United States of America by the U.S. Department of the Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia,” within five (5) calendar days after receipt of a simple written request by registered mail, return receipt, in amount up to sum of (Amount equal to ten (10%) percent of the contract amount in the currency stated in the contract), which represents the deposit required of the Contractor to guarantee fulfillment of his obligations for the satisfactory completion and timely performance of the work under Contract No. (insert contract number) for (insert description of services and location), in strict compliance with the terms, conditions and specifications of said contract entered into between the United States of America by the U.S. Department of Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia and the Contractor (insert name of Contractor) on (insert contract date), plus legal interest to be calculated from the date of receipt of the registered letter of request by the Contracting Officer to the date of actual payment, without any need for the Contracting Officer to take any legal action or obtain the prior consent of the Contractor, or for any other proof, action or decision by any other authority. The request by the Contracting Officer shall simply inform the Bank that the Contractor failed to comply with the terms and conditions of the contract, or did not fulfill his undertaking in whole or in part.

I/We agree and consent that said contract may be modified by change order or supplemental agreement affecting the amount or the period of performance of the contract without prior consent of the Bank and without affecting the validity of this guarantee; provided, however, that the amount of this guarantee shall remain unchanged.

This letter of performance guarantee will continue in effect without change in amount or terms until one year after the work has been finally accepted by the Government through its Contracting Officer’s legal representative.

(BANK NAME & ADDRESS) (CONTRACTOR NAME & ADDRESS)

Signed by: ________________________ Signed by: __________________________

(Typed name) (Typed name) (Title) (Title)

(This Performance Guarantee shall be accompanied by a notarized document authenticating the bank agent’s authority to sign the letter of performance guarantee for the bank company.)

EVALUATION FACTORS FOR AWARD

TABLE OF CONTENTS

PART I. GENERAL

1.1 INTENT TO AWARD WITHOUT DISCUSSIONS

1.2 COMPETITIVE RANGE

1.3 ENFORCEABILITY OF PROPOSAL

1.4 PREFERENCE FOR MULTIPLE AWARDS

PART II. EVALUATION FACTORS / RATING SCHEME

2.1 EVALUATION CRITERIA AND BASIS OF AWARD

2.2 EVALUATION FACTORS FOR AWARD

ATTACHMENTS:

Attachment 1 – Construction & Design Experience Project Data Sheet

Attachment 2 – Past Performance Questionnaire

Attachment 3 – Pre-Proposal Inquiries

PART I. GENERAL

1.1 INTENT TO AWARD WITHOUT DISCUSSIONS

The Government intends to evaluate all proposals received and award a contract without conducting discussions;

therefore, the initial proposal shall conform to the solicitation requirements and should contain the best offer from a technical and price perspective.

1.2 COMPETITIVE RANGE

If discussions are deemed necessary to maximize the Government’s ability to obtain the best value, discussions will be held with those Offerors in the competitive range. The Government may limit the number of proposals in the competitive range to the most highly rated proposals, considering price and technical merit.

1.3 ENFORCEABILITY OF THE PROPOSAL

The proposal must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of the offer, the Offeror agrees that all items proposed will be utilized for the duration of the contract and any substitutions will be equal or better than as proposed and accepted for contract award and shall require prior Contracting Officer’s approval.

1.4 PREFERENCE FOR MULTIPLE AWARDS

A MACC is a contract awarded from a single solicitation and may result in award to multiple contractors. This procurement consists of one solicitation with the intent to award approximately five (5) Indefinite Delivery Indefinite Quantity (IDIQ) contracts to the offerors whose proposals, conforming to the RFP, represent the best value – the proposals most advantageous to the Government, price and technical factors considered. Successful offerors will compete for future work during the term of the contract.

PART II. EVALUATION FACTORS/RATING SCHEME

2.1 EVALUATION CRITERIA AND BASIS OF AWARD

The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contracts; to negotiate with offerors in the competitive range; and to award the contracts to the offerors submitting the proposals determined to represent the best value—the proposals most advantageous to the Government, price and other factors considered.

The Government intends to evaluate proposals and award contracts without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

The tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror.

The contracts resulting from this solicitation will be awarded to those responsible offerors whose offers, conforming to the solicitation, are determined to be the most advantageous to the Government considering “Price” and “Non- Price” evaluation factors. Award may be made to other than the lowest priced offerors or other than the highest technically rated offerors. The Non-Price evaluation factors are:

Factor 1 – Technical Approach Factor 2 – Experience Factor 3 – Past Performance Factor 4 – Safety Factor 5 – Technical Solution

Non-Price Factors 1 – 3 will be evaluated in Phase I. Factor 1 – Technical Approach will be rated Acceptable or Unacceptable. If an Offeror is rated Unacceptable in Factor 1, then they will not be considered for Phase II. Non- Price Factors 4 – Safety and 5 – Technical Solution will be evaluated in Phase II. In making the best value award decision after Phase II, the Government will consider Non-Price Factors 2 – 5 and Price. The relative order of importance of the Non-Price evaluation factors is that Technical Factors 2, 4, and 5 are equal to each other and when combined are of equal importance to the performance confidence assessment (Factor 3 – Past Performance).

The combined Non-Price evaluation factors are approximately equal to price. In determining the best value to the Government, the Government need not quantify the tradeoffs that led to the best value decision.

Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions. Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal.

2.2 EVALUATION FACTORS FOR AWARD

This Two-Phase Design-Build (D-B) procurement will result in the award of approximately five (5) Indefinite Delivery/Indefinite Quantity (IDIQ) type contracts under a Multiple Award Construction Contract (MACC) for a one-year base period with provisions for the exercise of four one-year option periods.

For this Two-Phase D-B procurement, Factors 1-3 will be evaluated in Phase I. Factor 1 will only be rated Acceptable or Unacceptable. If an Offeror is rated Unacceptable in Factor 1, then they will not be considered for Phase II. Factors 4 – 5 will be evaluated in Phase II.

Phase I of the solicitation is a narrowing process of offerors based on responsiveness and evaluation of non-price technical factor submittals. Based on the Phase I evaluation criteria, the most highly rated offerors will proceed to Phase II. Phase II offerors will be required to submit both a Price Proposal and Non-Price Proposal.

The relative order of importance of the Non-Price evaluation factors is the Technical Factors – Factor 2 – Experience, Factor 4 – Safety, and Factor 5 – Technical Solution – are of equal importance to each other and, when combined are equal in importance to the past performance evaluation/performance confidence assessment factor, Factor 3. Factor 1 – Technical Approach will be rated Acceptable or Unacceptable. When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the Non-Price Evaluation Factors) are approximately equal to Price.

Phase I Non-Price Factors:

Factor 1 – Technical Approach Factor 2 – Experience Factor 3 – Past Performance

All ratings from Phase I will be carried into Phase II unless new or revised information is provided.

Phase II Non-Price Factors:

Factor 4 – Safety Factor 5 – Technical Solution

The distinction between experience and past performance is that experience pertains to the volume of work completed by a contractor that are comparable to the types of work described under the definition of recent, relevant projects, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

Factor 1 – Technical Approach

(a) Solicitation Submittal Requirements:

The composition and management of the firms proposed as the Design-Build (D-B) Team for this contract will be evaluated in this factor.

The Offeror shall submit the following information:

(1) Provide a narrative describing the proposed primary construction firms and primary design firms for this contract and the rationale for proposing this arrangement. Provide the role, responsibilities, and contractual relationships between the various firms (see FAR Subpart 9.6). The narrative shall also include a simple organizational chart that clearly identifies the lines of authority between the entities. If the experience of an entity is being claimed in Factor 2, that entity must be named in the above narrative and organizational chart.

The technical approach narrative shall be limited to two (2) pages including the organizational chart. The information requested in item #2 below is not included in this page limitation.

(2) In addition to the narrative, the Offeror shall submit a signed copy of a joint venture agreement, partnership agreement, teaming agreement, approved mentor protégé agreement (MPA), or letter of commitment for each member of the Offeror’s team identified above (e.g., joint venture member, partner, team member, subcontractor, parent company, subsidiary, or other affiliated company, etc.).

(b) Basis of Evaluation:

The assessment of the Offeror’s technical approach will be used as a means to evaluate the organizational structure and teaming relationships proposed by the Offeror. This factor will be rated on an Acceptable or Unacceptable basis.

Factor 2 – Experience

(a) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

(1) Construction Experience:

Submit a minimum of two (2) and a maximum of five (5) relevant construction projects for the Offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as vertical construction projects with a value equal to or exceeding $500,000 (or the equivalent foreign currency) with multiple construction trades to construct a complete and usable facility.

Projects submitted for the Offeror must have been completed or substantially complete within five (5) years of the proposal due date of this RFP. “Substantially Complete” is defined as the construction being at least 75% physically complete.

A project is defined as a construction project performed under a single task order or contract.

Experience in the geographic area of Bahrain and/or UAE will be given additional weight.

For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.

The attached Construction & Design Experience Project Data Sheet (Attachment 1) is MANDATORY and SHALL be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed two (2) pages.

For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated and/or certified through U.S. Green Building Council (USGBC) or the equivalent organization or process.

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 may be submitted for the Joint Venture members. Offerors who fail to submit experience for all Joint Venture members may be rated lower.

Offerors are still limited to a total of five (5) projects combined.

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract.

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.

More weight may be given to the Offeror’s projects than to those submitted for subcontractors.”

(2) Design Experience

Submit a minimum of two (2) and a maximum of five (5) relevant design projects for the design team that best demonstrates design experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as vertical design projects with a value equal to or exceeding $500,000 (or the equivalent foreign currency) with three or more different engineering disciplines required in the design phase. Experience in the geographic area of Bahrain and/or UAE will be given additional weight.

Projects submitted must have been completed within the past five (5) years of the date of issuance of this RFP. For design-build projects, the design portion of the contract shall have been completed within the past five (5) years of the date of issuance of this RFP.

A project is defined as a complete design effort performed under a single task order or contract/subcontract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.

The attached Construction & Design Experience Project Data Sheet (Attachment 1) is MANDATORY and SHALL be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed two (2) pages.

For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated and/or certified through U.S. Green Building Council (USGBC) or the equivalent organization or process.

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/ parent firm will have meaningful involvement in the performance of the contract.

The Offeror may utilize experience of a design subcontractor to demonstrate design experience under this evaluation factor. The Offer must provide a supporting joint venture agreement, partnership agreement, teaming agreement, or letter of commitment and an explanation of the meaningful involvement for the design subcontractor.

(b) Basis of Evaluation:

The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant construction and design projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review five projects for construction and five for design. Any projects submitted in excess of the five (5) for Construction Experience and five (5) for Design Experience will not be considered.

Relevant projects where the Offeror and the proposed design firm(s) have previously worked together may be considered more favorably than those that have not worked together.

Relevant projects that demonstrate design-build experience may be considered more favorably than those that do not have design-build experience.

Relevant projects that demonstrate experience with sustainable features may be considered more favorably than those that do not demonstrate experience with sustainable features.

Offerors who submit relevant projects that demonstrate experience self-performing relevant features of work may receive a higher rating than those who do not demonstrate self performance.

Relevant projects that demonstrate construction experience in Bahrain and/or UAE may be considered more favorably than those that do not have experience in these countries.

Factor 3 – Past Performance:

(a) Solicitation Submittal Requirements:

If a completed Construction Contractor Appraisal Support System (CCASS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for construction experience. If a completed AE Contractor Appraisal Support System (ACASS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for design experience. If there is not a completed CCASS or ACASS evaluation then submit Past Performance Questionnaires (Attachment 2) for each project included in Factor 2 for both Construction Experience and Design Experience. The Offeror should provide completed Past Performance

Questionnaires (PPQ) in the proposal. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact.

Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 2 – Experience. Offerors may also address any adverse past performance issues.

Explanations shall not exceed four pages in total.

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the Offeror’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor.

Performance award or additional information submitted will not be considered.

(b) Basis of Evaluation:

This evaluation focuses on how well the Offeror performed on the relevant projects submitted under Factor 2 – Experience and past performance on other projects currently documented in known sources. More emphasis will be placed on more relevant projects. In addition to the above, the Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government.

Other 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 Contractors who are part of a partnership or joint venture identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

The Government will consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the Offeror’s past performance will be used as a means of evaluating the Offeror’s probability to successfully meet the requirements of the RFP.

Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably in past performance and will receive an Unknown Confidence rating.

ATTACHMENT 1

CONSTRUCTION & DESIGN EXPERIENCE PROJECT DATA SHEET

Project No. (check one) : CON #1 CON #2 CON #3 CON #4 CON #5

DESIGN #1 DESIGN #2 DESIGN #3 DESIGN #4 DESIGN #5

1. Experience for: Offeror Joint-Venture Other (Explain)

Firm Name:

Address:

Phone Number:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain)

Percent of project work performed:

If subcontractor, who was prime (Name/Phone #):

3. Contract Number: Delivery/Task Order Number:

Title:

Location:

4. Award Date (mm/dd/yy): Completion Date (mm/dd/yy):

5. Type of work:

New Construction Renovation Repair Alteration Other (explain):

6. Type of Contract/Task Order: (Check ALL that apply)

Firm-Fixed Price Cost/Time and Material Other (explain):

Complete Block 7 for Construction Projects. Complete Block 8 for Design Projects.

7. Construction Project:

Award Amount: Final Price:

Type of Contract/Task Order: (Check ALL that apply)

Design-Build Design-Bid-Build Delivery/Task Order (IDIQ) Other (explain):

If Design-Build, identify the Lead Design Firm:______________________________________________

8. Design Project:

A/E Design Fee: Total Construction Value:

Type of Contract/Task Order: (Check ALL that apply)

Design-Build RFP Development Designer of Record Engineering Services Full Plans & Specs

Other (explain):

9. Provide a detailed description of the project and the relevancy to the project requirements of this RFP (i.e.: unique features, square footage, construction methods), including any sustainable features or USGBC LEED certifications. If design-build, include a description of the design-effort.

10. Provide a detailed description of what work your firm self-performed on this project:

11. Other Information:

ATTACHMENT 2

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

CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

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

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

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