N33191-16-R-1004_0002_Missile_Warning_Facility _Design-Build.pdf

ACQR3895602

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

SOLICITATION: N33191-16-R-1004 Missile Warning Facility; Design/Build

PURPOSE: The purpose of this amendment is to provide for:

(1) Updates/changes to clauses incorporated into this solicitation,

(2) Updates/changes to Instruction to Offers (Societa Organismi di Attestazione Certif ication (SOA)),

(3) Responses to Pre-Proposal Inquiries, and,

(4) To extend the Time for Receipt of Offers from December 21, 2015, 1400 hours Central European Time (CET) to January 4, 2016, 1400 hours Central European Time (CET).

All other terms and conditions remain unchanged

1. CONTRACT ID CODE PAGE OF PAGES

J 1 27

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

16C. DATE SIGNED

BY 15-Dec-2015

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 N33191-16-R-1004

X 9B. DATED (SEE ITEM 11)

18-Nov-2015

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 X is extended, 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

15-Dec-2015

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:

N33191-16-R-1004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The offer guarantee has changed from is required to is not required.

The required response date/time has changed from 21-Dec-2015 02:00 PM to 04-Jan-2016 02:00 PM.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTIONS TO OFFERORS

1.1 GENERAL DESCRIPTION & SCOPE OF WORK

1.2 PRE-PROPOSAL CONFERENCE AND SITE VISIT

1.3 CORRESPONDENCE IN ENGLISH

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

1.11 ANTI-MAFIA LAW

1.12 BONDS AND CERTIFICATES – PERFORMANCE GUARANTEE WITH LETTER SAMPLE

1.13 SOCIETA ORGANISMI DI ATTESTAZIONE (SOA) CERTIFICATION

1.1 GENERAL DESCRIPTION & SCOPE OF WORK

(a) This Request for Proposal does not constitute award or authorization to begin work.

(b) This procurement will be solicited as an unrestricted competitive solicitation in accordance with FAR Subpart

6.1, Full and Open Competition. This procurement will result in the award of a Firm-Fixed Priced Design/Build

Construction Contract. The contract will be procured using negotiated procedures in accordance with FAR 6.401.

Trade-Off process, as described in FAR 15.101-1, will be used for this procurement.

(c) The purpose of this procurement is to provide a contract for the design/build of a missile warning facility located at Naval Station Sigonella, Sicily. The work includes, but is not limited to, supplying all labor, management, supervision, tools, materials, and equipment necessary for the design/build of a missile warning facility.

(d) The Request for Proposal (RFP) will include the following Contract Line Items (CLINS):

CLIN 0001 (Base): Design/Build of a Missile Warning Facility

(e) The contract period of performance is anticipated to be 470 calendar days from date of award.

(f) This acquisition will be solicited as an unrestricted competitive solicitation in accordance with FAR Subpart 6.1, Full and Open Competition.

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 this solicitation and resultant award. Accordingly, offerors are urged and expected to inspect the site where the work will be performed.

(b) Pre-Proposal Conference and Site Visit:

(1) A pre-proposal conference and site visit are scheduled on Monday, December 7, 2015 from 1:00 p.m to 3:00 p.m at NAS II, Sigonella, Sicily. Prospective Offerors will meet at the Public Works Building 618 FEAD

Conference room for a briefing and then move to the actual project site. No photographs are allowed.

(2) Attendance is limited to a maximum of 4 personnel per Contractor. Prospective Offerors are requested to provide the FEAD-Sigonella and this office with the names of personnel who will be attending, the companies they are from, e-mail and phone number. Personnel attending are to include copies of the "Carta D'Identita' (Italian Identification

Card). This information is to be provided to Mr. Chad Aaby at email chad.aaby@eu.navy.mil and Ms. Cristina

Lauria at Cristina.lauria.it@eu.navy.mil no Later than November 30, 2015 by 4:00 p.m.

(3) The location for the site visit is as follows:

U.S. Naval Air Station, Sigonella, Bldg. 618

FEAD Conference Room

Strada Statale 417

Catania - Gela

1.3 CORRESPONDENCE IN ENGLISH

All proposals and correspondence regarding this solicitation shall be submitted in the English language.

mailto:chad.aaby@eu.navy.mil mailto:Cristina.lauria.it@eu.navy.mil

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.

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

(a) 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 already registered in SAM must obtain a DUNS & Bradstreet (DUNS) number and a CAGE or NCAGE Code (see paragraph 1.6 CAGE/NCAGE CODE) prior to registering in SAM.

(b) 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.

(c.) Offerors must be registered in the SAM prior to award of the contract.

1.6 CAGE/NCAGE CODE

(a.) 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.

(b.) 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.

(c.) 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

Time for receipt of proposals is set for no later than January 4, 2016, 1400 hours Central European Time (CET).

This date supercedes the previous time for receipt of proposals of December 21, 2015, 1400 hours Central European

Time (CET).

A total of two separate proposals shall be submitted; one (1) price proposal, and, one (1) technical proposal.

Proposals shall be sent via email to David Leigh at david.leigh@eu.navy.mil and Dale Rieck at email dale.c.rieck@eu.navy.mil.

Proposals not received at the above email addresses on or before the time 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).

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.

(A) Proposal Submittal Requirements:

(1) Price Proposal:

(a) Price Proposal Submittal Requirements:

(i) 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. The following must be identified at a minimum: 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), a DUNS Number is required for each member of the JV.

(ii) Completed (Blocks 14 through 20), signed and dated Standard Form (SF) 1442, Solicitation, Offer, and Award. Offeror must fill out the Unit Price and Amount for all http://fedgov.dnb.com/webform http://www.dlis.dla.mil/Forms/Form_AC135.asp mailto:david.leigh@eu.navy.mil mailto:dale.c.rieck@eu.navy.mil

CLINs (0001). The amounts shall be the total amount to complete the requirements for each CLIN. For evaluation purposes, all proposals shall be submitted and priced in US

Dollars (USD). Award will be made in USD; therefore the offerors bank must accept US

Dollars. Offers received in other than USD shall be considered non-responsive and will not be considered for award.

(iii) Acknowledgement of all amendments.

(iv) The offeror SHALL include a “self-declaration” in accordance with DPR 445/2000, stating that “pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract.” (See Paragraph 1.11 Anti-Mafia Law)

(v) Include SOA Certification certificate and current self-certification documentation required by Article 38 of DL 163/06 (See Paragraph 1.13 SOCIETÀ ORGANISMI

DI ATTESTAZIONE (SOA) CERTIFICATION)

b. Basis of Evaluation:

The Government will evaluate price based on the total price. A price, which is found to be unreasonably high, unrealistically low, or unbalanced in relation to the proposed work and/or Government estimate, may negatively impact the offeror’s evaluation and will result in a rating of Unacceptable. Price analysis may 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 RFP; or

(ii) Comparison of proposed prices with the IGE; or

(iii) Comparison of proposed prices with available historical information; or

(iv) Comparison of market survey results

The price proposals will be ranked from lowest to highest based on the evaluation criteria stated above. The price proposal will initially be evaluated separately from the technical proposal. The Government has the discretion of determining which offer is most advantageous to the Government considering price and technical quality of the proposal.

A price found to be either unreasonably high or unrealistically low in relation to the proposed work may negatively impact the offeror’s ranking. The Government reserves the right to conduct a price realism analysis of proposed prices the Government considers to be unrealistically low. The Government may consider the offeror(s) understanding of the work or ability to perform the work in this risk assessment.

(2) Technical Proposal:

(a) In making the award decision, the government will consider all non-price Factors and price. The solicitation requires the evaluation of price and the following non-price factors:

Factor 1 – Technical Solution

Factor 2 – Experience

Factor 3 – Past Performance

Factor 4 – Safety

The distinction between experience and past performance is that experience pertains to the types of work and 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.

(b) The relative order of importance of the non-price evaluation factors is the technical factors (Factors

1and 2) are of equal importance to each other and, when combined, are equal in importance to the past performance factor (Factor 3). When the proposal is evaluated as a whole, the technical factors and past performance factor combined (i.e., the non-price evaluation factors) are significantly more important than cost or price.

(c) Technical Proposal Submittal Requirements:

(1) Factor 1; Technical Solution:

(i) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

Provide a narrative describing the technical solution to the project that meets the requirements of the RFP. Include the following:

- Interior circulation/adjacencies

- Exterior façade describing how the proposed construction integrates with the surrounding area and existing base facilities design or architectural theme.

- Site layout including a description of the building orientation, antenna foundations, roadways, parking

(include ingress and egress), emergency vehicle access, and ATFP standoff distances as well as incorporation of other site amenities. Also include in the narrative a description of the general concept proposed to meet low impact development (LID).

- Provide a schedule Gantt chart that includes all aspects of the design and construction project. The contract timeframe identified in the RFP defines the acceptable contract duration. The Government’s evaluation of the contractor’s proposed schedule is a means of determining whether the contractor understands the scope of work and approaches the tasks in a logical and effective manner.

Narrative shall not exceed seven (7) double-sided pages (or 14 single-sided pages). Up to four (4) single sided conceptual drawings (11 x 17 or D size) may be provided to supplement the narrative (i.e. 1st floor plan, 2nd floor plan, exterior elevations, and site plan) and one 11 x 17 schedule Gantt chart may be provided to graphically present the contract duration.

(ii) Basis of Evaluation:

The Government will evaluate the narrative, Gantt chart, and conceptual drawings (if included) considering the extent to which the Offeror demonstrates a clear understanding of the architectural and engineering requirements of the project. The Government will evaluate the Offerors technical solution to determine adherence to the technical requirements of the RFP including adherence to the provided schedule milestones.

(2) Factor 2, Experience:

The Offeror shall submit the following information:

(1) Construction Experience:

Submit a minimum of two (2) and 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 a new facility similar in scope that is a minimum of 400-Square Meters (4,304-Square Feet) or greater and has a value of at least $1,000,000.

Projects submitted for the Offeror shall have been completed within the past Seven (7) years of the date of issuance of this RFP. Any relevant project submitted that is not 100% complete by the date of issuance of this RFP will not be considered.

A project is defined as a construction project performed under a single task order or contract. 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 A of this solicitation) 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.

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 Offerors projects than to those submitted for subcontractors.

(2) Design Experience

Submit a minimum of two (2) and 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 a new facility that is a minimum of

400 Square Meters (4,304-Square Feet) or greater and has a value of at least $1,000,000.

For design-build projects, the design portion of the contract shall have been completed within the past seven (7) years of the date of issuance of this RFP. Any relevant project submitted that is not 100% complete by the date of issuance of this RFP will not be considered.

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 A of this solicitation) 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.

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.

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 a maximum of five (5) projects for construction and five (5) for design. Any projects submitted in excess of the five (5) for Construction Experience and five (5) for Design Experience will not be considered. If less than two (2) relevant projects are submitted, the offeror will be rated Unacceptable.

Higher ratings may be given for:

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.

Relevant projects that demonstrate experience with communication, data-processing, or satellite communication centers may be considered more favorably than projects that do not contain these types of facilities.

Relevant projects that demonstrate experience for the United States Government may be considered more favorably than those that do not demonstrate this experience.

(3) Factor 3; Past Performance:

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- Experience. If there is not a completed CCASS or ACASS evaluation then submit

Past Performance Questionnaires (Attachment B – Past Performance Questionnaire) 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, David Leigh, at email david.leigh@eu.navy.mil.

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 two (2) double-sided pages (or four (4) single-sided 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.

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.

(4) Factor 4, Safety:

The Offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each Contractor who is part of the partnership or joint venture; however, only one safety narrative is required).

Technical Approach to Safety:

Describe the Offeror’s technical approach to safety for its employees as well as the plan that the Offeror will implement to evaluate and measure safety performance of potential subcontractors as a part of the selection process for all levels of subcontractors. Also, describe any innovative methods that the Offeror will employ to ensure and monitor safe work practices at all subcontractor levels. The Safety Narrative shall be limited to three pages, 8 ½ x 11 page size, one (1) double-sided page and one (1) single-sided page (or three (3) single-sided pages).

Technical Approach to Safety:

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, the Offeror’s plan to select and monitor subcontractors, and any innovative safety methods that the Offeror plans to implement for this procurement. The

Government’s sources of information for evaluating safety may include, but are not limited to, Government agencies, OSHA, NAVFAC’s Facility Accident and Incident Reporting (FAIR) and Contractor Incident Reporting

System (CIRS) databases, and other related resources. 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 evaluation will collectively consider the following:

- Offeror’s Technical Approach to Safety

- Other sources of information available to the Government

The Government will evaluate the narrative to determine the degree to which subcontractor safety performance will be considered in the selection of all levels of subcontractors on the upcoming project. The Government will also evaluate the narrative to determine the degree to which innovations are being proposed that may enhance safety on this procurement.

1.8 INSTRUCTIONS FOR SUBMITTING PRE-PROPOSAL INQUIRIES (PPI)

Pre-Proposal Inquiries (PPI) regarding the solicitation shall be submitted in writing on the Pre-Proposal Inquiry form

(Attachment C – Pre-Proposal Inquiry) via e-mail to david.leigh@eu.navy.mil and dale.c.rieck@eu.navy.mil.

Pre-Proposal Inquiries shall reference the drawing/detail and/or the specification section, including paragraph number. Verbal queries will not be accepted. Responses to the Pre-Proposal Inquiries will be provided as an attachment to an amendment and will be posted on the NECO, EuroNECO, and Federal Business Opportunities

(FBO) websites. The Government may not respond to Pre-Proposal Inquiries submitted less than 10 days before the proposal receipt due date.

1.9 AMENDMENTS

Amendments will be posted NECO, EuroNECO, and Federal Business Opportunities (FBO) websites. It is highly recommended that firms register on those specific websites as plan holders. It is the offeror’s responsibility to check the designated websites periodically for any amendments to the solicitation. Website addresses follow:

NECO: https://www.neco.navy.mil/

EuroNECO: https://euro.neco.navy.mil/

FEDBIZOPS: https://www.fbo.gov/

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:

mailto:david.leigh@eu.navy.mil mailto:dale.c.rieck@eu.navy.mil

a. Annual Financial Balance Sheets for the past three years in English.

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 in English. If the offeror plans to rely on financial support from other sources (i.e. independent financial institutions), 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 ANTI-MAFIA LAW

Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the

President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No.

629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of

Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the government or provided by the competent Prefect

(Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.

Subcontractors: ALSO, the Offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The Offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the Offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.

Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the

Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree

no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the

Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract.

Documentation Requirements: Contractor shall submit the following:

The offeror SHALL include a “self-declaration” in accordance with DPR 445/2000, stating that “pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by

Art. 67 of the Code exist with regard to all the persons involved in the subject contract.”

This documentation is to be included in your Price Proposal. If this documentation is not included in the

Price Proposal, the offer shall be considered non-responsive and shall not be considered for award.

1.12 PERFORMANCE GUARANTEE OR BOND REQUIREMENTS

The Contractor shall provide a notarized Performance Guarantee letter within ten (10) days after award or as required by the Contracting Officer. In lieu of the 10% Performance Guarantee requirement, the Offeror may provide Performance and Payment Bonds, pursuant to FAR Clause 52.228-15, through an approved surety under the

United States Treasury Department Circular 570. If the Offeror fails to provide a Performance Guarantee letter or

Performance and Payment Bonds within ten (10) days, the task order may be terminated for default. In such event, Offeror shall be liable for any cost of re-procuring the work which exceeds the amount of his offer.

This Performance Guarantee replaces NFAS 5252.228-9306.

The Performance Guarantee letter shall be accompanied by a notarized document authenticating the financial institution's authority to sign the letter. An English translation of the Performance Guarantee letter shall be submitted at the same time.

Performance Guarantee: An amount equal to ten percent (10%) of the amount of the contract shall be deposited into a properly certified banking institution, which will then issue an irrevocable letter guaranteeing the payment of the amount deposited plus any applicable interest, to the United States Government, upon demand by the Contracting

Officer. Demand will be made if the Contractor fails to comply with the terms and conditions of the contract, or does not fulfill its undertaking in whole or in part. Payment to the Contracting Officer will be 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."

The Performance Guarantee shall take effect upon the date of signature of the Performance Guarantee letter and shall remain valid and irrevocable until one (1) year after the work has been finally inspected and accepted by the

Government."

SAMPLE OF PERFORMANCE GUARANTEE ISSUED BY A BANK

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. ____

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 and Southwest Asia,” within five (5) calendar days after receipt of a simple written request by registered mail 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 the construction of (insert name of construction contract Services) at (insert location of construction), 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 and 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 final acceptance of the work by the Government by the 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.)

1.13 SOCIETÀ ORGANISMI DI ATTESTAZIONE (SOA) CERTIFICATION.

The following SOA Certifications are required by the Offeror:

Prevailing Work Category:

Category: OG11 – Classification II Percentage of Work: 57.2%

Secondary Work Category:

Category: OG1 – Classification II Percentage of Work: 42.8%

Submission of a SOA Certification and Article 38 of the DL 163/06 (DeLise Code). Offerors shall demonstrate that they meet the SOA certification requirements and demonstrate compliance with Article 38 of DL 163/06. An offeror shall submit the following as part of its price proposal (see Instruction to Offerors, Price Proposal Submittals):

(1) An unexpired SOA Certificate (including joint venture partner, consortium partners or subcontractors that will be utilized to meet the qualification standard).

(2) Current self-certification documentation required by Article 38 of DL 163/06.

An offeror's proposal will be rejected for failure to provide the current SOA certificates required under this solicitation.

If the potential offeror is a joint venture or a consortium, the offeror shall demonstrate how each member or partner meets the SOA certification requirements. Include a description of the responsibilities in terms of work category for each member or partner. Each member or partner who has the SOA Certification must perform the majority of the work pertinent to the certification.

In the case of a Joint Venture (JV), each member of the JV must have at least one of the required SOA

Certifications. In the case of a JV, certification submitted by a subcontractor will not be accepted.

Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT

QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint-Venture or subcontracting for the execution of the work pertaining to the

OS28.

Category for which they are not qualified: Offerors must declare their intention of forming the Joint-Venture or awarding a subcontract.

In the case of a JV, at least one member of the JV must have the required SOA Certifications. The JV member who has the SOA Certification must perform the majority of the work pertinent to the certification. In the case of a JV certification submitted by a subcontractor will not be accepted.

As required by DPR 554, art 75 and DPR 412 /2000, KO shall require the apparent successful bidder/offeror to submit additional documentation, upon KO demand, for evaluation of firm's technical and financial qualifications to execute the work.

Debarment from Award:

As required by article 75 of DPR 554 and DPR 412/2000, KTRs cannot bid if they have a history of, or there is an existing question relative to:

- Bankruptcy

- Pending Charges

- Final Penal Judgment for moral and/or professional misconduct

- Breach of use of unauthorized subcontractors, i.e. anti-trust laws

- Breach of safety / security or labor regulations

- Serious malpractice or negligence

- Tax payments violations

- False or fraudulent representations in prior solicitations

KTR must submit extract from criminal record or affidavits released by the local court of KTR’s residence.

KO shall review KTRs' certifications for compliance. Firms who obtained SOA certification are listed in the SOA website. Not submitting the additional documentation is treated as a responsiveness issue. KO shall ensure that the contract provisions stipulate that the contract may be terminated for default if it is discovered after award that the

KTR failed to meet the certification requirements of D.P.R. n. 34, or art 75 of DPR 554, and DPR 412/2000.

** This documentation is to be included in the Price Proposal submittals. If this documentation is not included in the Price Proposal submittals, the offer shall be considered non-responsive and shall not be considered for award.

SECTION 00700 - CONTRACT CLAUSES

The following have been added by full text:

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access: To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Navy Construction/Facilities Management Invoice

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

< To Be Determined >

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and…