Solicitation_N33191-14-R-1005-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

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

Amendment 0001 is continued on Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 12

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 20-Dec-2013

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N33191-14-R-1005

X 9B. DATED (SEE ITEM 11)

05-Dec-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

20-Dec-2013

CODE

NAVFAC EUROPE AFRICA SOUTHWEST ASIA

VIALE PORTO CAPODICHINO

NAPOLI 80144

N33191 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N33191-14-R-1005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The following have been added by full text:

PART 1 – PROPOSAL FORMS AND DOCUMENTS

1. Replace Standard Form 1442 SOLICITATION, OFFER, AND AWARD with the attached. The information provided in Block 10 has been revised.

2. Replace Section 00100 INSTRUCTIONS TO OFFERORS with the attached.

PRE-PROPOSAL INQUIRIES

The following Pre-proposal Inquiries are answered:

1. Is there a sample task order that we can use as a template to bid on for past performance and experience preparation?

Answer: See Solicitation Attachment 1, Construction & Design Experience Project Data Sheet, for Factor 2 Experience and Solicitation Attachment 2, Past Performance Questionnaire, for Factor 3 Past Performance.

2. In your MACC description in Block 10 of the SF1442 page 1 of the Solicitation, the range is varied and wide, does it include Fuel Delivery and Distribution?

Answer: Yes. It will include work on Fuel Delivery and Distribution facilities. Description in block 10 of solicitation has been revised.

3. On Page 12 of the Solicitation- PREAWARD SURVEY/RESPONSIBILITY DETERMINATION Where in the bid proposal do we put the Financial Statements outlined in paragraph a?

Answer: Financial Statements will be requested during Phase II of the solicitation.

4. Is there a requirement to submit Reps & Certs with the bid proposal?

Answer: The Government will obtain offeror Representations and Certifications from the System for Award Management (SAM) website. Therefore, offerors are required to be registered in SAM prior to submission of Phase II proposals. See Amendment 0001.

5. Does the designer of record need to be a U.S. based firm?

Answer: No, the designer of record does not need to be a US-based firm.

6. Solicitation documents page 11 of 52 paragraph 1.7 INSTRUCTIONS FOR THE SUBMISSION OF OFFERS – PHASE I, subparagraph a.2 states that “ Complete (Block 14 though 20c), signed and dated Standard Form (SF) 1442, Solicitation, Offer, and Award ”, from the contents of the complete paragraph 1.7 mentioned above, it is our understanding that Phase I will include only NON PRICE PROPOSAL documents as stated in subparagraph b.

Your attention is kindly drawn to Block 17 of Standard Form (SF) 1442, in which it is mentioned that the “offeror agrees to perform the work required at the prices specified below…….. etc” making a specific reference to a SCHEDULE OF PRICES which follow the (SF) 1442 on pages 3, 4 and 5 of 52.

Question:

It is our understanding that since this is a non-price proposal, Block 17 should be excluded from Phase I submission requirements.

Please confirm if our understanding is correct, or clarify the exact requirements.

Answer: Correct – the Price Proposal will be requested during Phase II of the solicitation.

7. Are you going to fix this on FBO and issue an Amendment to state the bid due in date? I don’t see this stated yet.

Answer: The proposal due date of Monday, 6 January 2014 at 14:00 Central European Time (CET), is provided in Solicitation Section 00100 Instructions to Offerors, Paragraph 1.7

8. Do you have DFARS 252.236-7010 in the solicitation as this solicitation does qualify?

Answer: No. DFARS Provision 252.236-7010 is not applicable to this solicitation.

9. Since this is a multiple award contract, will you please consider to have one of the awards is set-aside for a U.S.

Small Business?

The Naval Facilities Engineering Command Europe Africa Southwest Asia (NAVFAC EURAFSWA), Naples, Italy plans to issue a single Best Value Request for Proposal that will result in up to approximately five (5) Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Construction Contracts.

There is a Navy case on just this subject below. There are more than 2 interested Small Businesses interested on the interested bidders tab. I hope that a few more set-asides will express their wish to see at least 1 of the 5 awards go to a U.S. Small Business.

The DFARS clause will be important also and I just looked at your issued solicitation for a bid due in date and there is none and this important clause that benefits all U.S. businesses.

There was a Total Small Business Set-Aside $29 Mil Thermal Shelters solicitation that had 16 bidders in Kuwait.

So, the interest is here and at the moment on the interested bidders tab, there is

Answer: The solicitation will remain unrestricted.

10. As it is indicated in page 9 of 52 of the RFP "Construction projects to be performed (under this IDIQ contract) 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."

On the other hand, Factor 2 – Experience (page 18 of 52) only considers as a relevant reference “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”, while projects with Horizontal Construction, Renovation and Alteration are not considered as relevant.

Besides, since this an IDIQ D-B contract for the US Government Department of Defense we consider that specific experience in projects executed for the US Government shall be considered more relevant.

We would kindly request the Government to consider the modification of Factor 2 - Experience on relevant projects so they better adjust to the specified construction & design capabilities required in this solicitation, so the offeror can demonstrate its capability to successfully execute Design & Build construction contracts for the US Government with the characteristics indicated.

Answer: The Government will only accept vertical construction projects in order to demonstrate their experience.

11. Since this is a Multiple Award Construction Contract we are considering including two different A/E Firms in the Factor 1.

This is due to the fact that, being a Multiple Award, these Task Orders may be awarded among different periods of time, so the availability of the Design Company is a truly important fact for us.

We would like to verify that this selection of two different A/E companies is not going to affect negatively the evaluation of the Factor 1.

Answer: The inclusion of 2 different A/E companies is not going to affect your evaluation negatively for Factor 1.

12. Would the Government consider excluding the organizational chart from the Factor 1 page limitations, provided that it does not exceed one (1) additional single-sided page?

Answer: The Government will not evaluate proposals that do not meet the limitations as required in the solicitation.

13. As it is indicated in page 9 of 52 of the RFP "Construction projects to be performed (under this IDIQ contract) 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."

On the other hand, Factor 2 – Experience (page 18 of 52) only considers as a relevant reference “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”, while projects with Horizontal Construction, Renovation and Alteration are not considered as relevant.

Besides, since this an IDIQ D-B contract for the US Government Department of Defense we consider that specific experience in projects executed for the US Government shall be considered more relevant.

We would kindly request the Government to consider the modification of Factor 2 - Experience on relevant projects so they better adjust to the specified construction & design capabilities required in this solicitation, so the offeror can demonstrate its capability to successfully execute Design & Build construction contracts for the US Government with the characteristics indicated.

Answer: Requirement for Factor 2 will remain unchanged.

SECTION 00010 - SOLICITATION CONTRACT FORM

The required performance has changed from 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

BAHRAINGENERAL DESCRIPTION: 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.Duration of the contracts will be a 12-month Base Period with 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 awarded across all contractors – whichever comes first. Option periods shall be executed at the Government's discretion. The minimum guarantee for each offeror awarded a contract is $10,000 over the five (5) year period to 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 BAHRAINGENERAL DESCRIPTION: Design-Build and 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, fuel delivery and distribution 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 will be a 12-month Base Period with 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 awarded across all contractors – whichever comes first. Option periods shall be executed at the Government's discretion. All task orders will be awarded in U.S. Dollars. The minimum guarantee for each offeror awarded a contract is $10,000 over the five (5) year period..

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been added by full text:

INSTRUCTIONS TO OFFERORS 0001

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.

All task orders issued under the MACC will be awarded in U.S. Dollars.

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 SAM 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.

3. Offerors must be registered in the SAM prior to the submission of Phase II proposals.

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.)

SECTION 00700 - CONTRACT CLAUSES

The following have been added by reference:

52.214-35 Submission Of Offers In U.S. Currency APR 1991

The following have been modified:

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 [percentage value to be determined as applicable with each task order / or if not specified, twenty (20) 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.

(End of clause)

(End of Summary of Changes)