N33191-18-R-1600_Amendment_0003.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

The purpose of this amendment is to provide details about the re-scheduled site visit. Changes to the Instruction to Offerors section are highlighted in yellow .

The site visit has been re-scheduled to take place on 10 July 2018. Offerors MUST re-submit Work Pass Forms (Attachment 1) as required by the solicitation no later than 3 July 2018. For those Offerors w ho may already have base access, an email must still be sent w ith information requested in the amended Instruction to Offerors section no later than 3 July 2018.

PPI due date has been extended to be 20 July 2018.

Proposal due date has been extended to 30 July 2018.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

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

16C. DATE SIGNED

BY 28-Jun-2018

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 N3319118R1600

X 9B. DATED (SEE ITEM 11)

24-May-2018

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

28-Jun-2018

CODE

NAVFAC EURAFSWA - FEAD ROTA, SPAIN

BASE NAVAL DE ROTA

ROTA (CADIZ)

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3319118R1600

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 13-Jul-2018 02:00 PM to 30-Jul-2018 02:00 PM.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

EVALUATION FACTORS FOR AWARD

TABLE OF CONTENTS

PART I. GENERAL

1.1 ENFORCEABILITY OF PROPOSAL

1.2 BASIS OF AWARD

1.3 ADJECTIVAL RATINGS/DESCRIPTIONS

PART II. EVALUATION FACTORS / RATING SCHEME

2.1 PRICE EVALUATION

2.2 NON-PRICE/TECHNICAL EVALUATION

--End Evaluation Factors for Award Table of Contents—

PART I. GENERAL

1.1 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.

1.2 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 contract; to negotiate with offerors; and to award the contract to the offeror submitting the lowest priced, technically acceptable offer.

The Government intends to evaluate proposals and award a contract 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.

The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. The number of proposals to be evaluated for technical acceptability may be limited to the three lowest priced offerors. If no proposals are found to be technically acceptable within this first group of three proposals, then the next lowest price offeror will be evaluated. This process will be conducted again as many times as necessary, until such time as the Government identifies a technically acceptable proposal.

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

1.3 ADJECTIVAL RATINGS/DESCRIPTIONS

Each offeror’s technical factors and past performance will be evaluated separately. Upon the conclusion of the evaluation of the technical factors and past performance, an overall non-price factors rating of Acceptable (A) or Unacceptable (U) will be assigned to each offeror’s non-price factors proposal.

The following adjectival ratings and rating descriptions will be used to assign a rating to each technical factor. Use upper case letter ratings for major technical factor ratings. The addition of plus (+) or minus (-) to an adjective rating is not allowed.

Table A-1. Technical Acceptable/Unacceptable Rating Method

Adjectival Rating Description

Acceptable (A) Proposal meets the minimum requirements of the solicitation.

Unacceptable (U) Proposal does not meet the minimum requirements of the solicitation.

The weaknesses and/or deficiencies (as defined below) of each proposal for each non-price evaluation factor which influenced the assigned adjectival rating shall be identified.

Definitions

Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance.

Significant Weakness

A flaw that appreciably increases the risk of unsuccessful contract performance.

Deficiency A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

Past Performance shall be evaluated when using the LPTA process, unless waived by the PCO in accordance with FAR 15.101-2(b). Past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings in the following table:

Table A-2. Past Performance Evaluation Rating Method

Adjectival Rating Description

Acceptable (A) Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)

Unacceptable (U) Based on the offeror’s performance record, the Government does not have reasonable expectation that the offeror will be able to successfully perform the required effort.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability a neutral rating shall be considered “acceptable.”

Aspects of Past Performance Evaluation: The past performance evaluation results is an assessment of the offeror’s probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror’s record of relevant and recent past performance information that pertain to the products and/or services outlined in the solicitation requirements. There are two aspects of the past performance evaluation.

a. The first is to evaluate whether the offeror’s present/past performance is relevant or not relevant to the effort to be acquired. The criterion to establish what is relevant is unique to each LPTA source selection.

For this solicitation, the criterion for recency is projects within the past five years from the solicitation closing date. The criteria for relevancy are projects over $1 million with similar size, scope, and complexity to the one included in this solicitation.

b. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. The past performance evaluation performed in support of a current source selection does not establish, create, or change the existing record and history of the offeror’s past performance on past contracts; rather, the past performance evaluation process gathers information from customers on how well the offeror performed those past contracts.

SSEB members will review past performance information to determine the quality and usefulness as it applies to the performance confidence assessment.

PART II. EVALUATION FACTORS / RATING SCHEME

2.1 PRICE EVALUATION (Price Proposal)

Solicitation Submittal Requirements:

a. Cover letter, including: Solicitation Number, name, address, telephone and email address of the Offeror; in case the Offeror is a Joint Venture (JV)/Unión Temporal de Empresas (UTE), the name of the JV/UTE

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 JV/UTE, provide a DUNS Number for each member of the JV/UTE;

b. Signed and dated Standard Form (SF) 1442, Solicitation, Offer, and Award. Completed (Blocks 14 through 20c). All Amendments (SF30s) shall be acknowledged;

c. Completed Schedule B, Pricing Form in U.S. Dollars (Attachment 4);

d. Joint Venture (JV)/Unión Temporal de Empresas (UTE) Agreement (if applicable);

e. Required Contractor Responsibility documentation;

f. Certificate of Classification: Offerors must hold an updated Certificate of Classification issued by the

"Registro Oficial de Contratistas de Obras" of the "Ministerio de Economia y Hacienda" covering the following groups, subgroups, and categories. Proposals received from firms which do not have individually or jointly an appropriate Certificate of Classification shall be considered non-responsive. The certificate of classification must be included in the proposal package.

Group Subgroup Category E 1 5

Offers NOT containing the appropriate/applicable certificate(s) will not be considered for award.

Basis of Evaluation: The Government will evaluate price based on the total price for all Contract Line Items (CLINs) 0001-0009. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

a. Comparison of proposed prices received in response to the solicitation.

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

c. Comparison of proposed prices with available historical information.

d. Comparison of market survey results.

The Government reserves the right to conduct a price realism analysis of proposed prices it considers to be unrealistically low. If the Government elects to conduct a price realism analysis, it may consider offeror(s)’ understanding of the work, ability to perform the work, or proposed prices received in response to the solicitation, in this analysis and risk assessment. An unrealistically low price may result in the offeror(s)’ proposed price being rejected and the offeror(s)’ proposal being ineligible for award.

2.2 NON-PRICE EVALUATION (Non-Price/Technical Proposal)

The solicitation requires the evaluation of price and the following non-price factors:

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

Factor 1, Experience (Experience pertains to the type of work completed by an offeror that are similar in size, scope and complexity to the project requirements as set forth in the subject Solicitation):

Solicitation Submittal Requirements:

Offeror Submit a minimum of two (2), maximum of five (5) construction projects, completed by the Offeror as the prime construction contractor that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the solicitation.

For purposes of this solicitation, a relevant project is further defined as: repair or new construction of a water distribution system with associated piping and pumping equipment with at least 10,000 linear feet of piping and a project value of at least $3.5M (or the equivalent foreign currency).

Projects submitted for the Offeror shall be completed within the past five (5) years of the date of issuance of this solicitation.

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 Experience Project Data Sheet (Attachment 5) is MANDATORY and SHALL be used to submit project information. 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 one (1) double-sided page (or two (2) single-sided pages). Minimum font size is Times New Roman 10pt.

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 solicitation (i.e., unique features, area, construction methods).

If the Offeror is a Joint Venture (JV)/Unión Temporal de Empresas (UTE), relevant project experience should be submitted for projects completed by the JV/UTE entity. If the JV/UTE does not have shared experience, projects may be submitted for the JV/UTE members. 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 involvement in the performance of the contract in order for the past performance information of the affiliate/subsidiary/parent/LLC/LTD member companies to be considered. The proposal shall state specific commitments of technical resources (e.g. personnel, equipment) that the affiliate/subsidiary/parent/LLC/LTD member companies commit to the performance of this contract. In particular, the proposal will clearly state the specific commitments of resources of the affiliate/subsidiary/ parent/LLC/LTD member that will be located at the worksites and company offices in the city/area of the project. The proposal shall also describe specific roles of the affiliate/subsidiary/ parent/LLC/LTD member companies in terms of the work it will either self-perform or manage on behalf of the Offeror in performance of the contract.

Basis of Evaluation:

All solicitation submission requirements shall be submitted, in accordance with the Solicitation Submittal Requirements paragraph of this factor.

Submitted projects that exceed one (1) double-sided page (or two (2) single-sided pages) length using the Construction Experience Project Data Sheet form or have less than 10 point font size text will be considered unacceptable and not evaluated.

If less than two (2) projects are submitted this factor will be considered unacceptable.

If more than five (5) projects are submitted, only the first five (5) projects listed in the proposal that meet the criteria for this factor will be evaluated.

Projects completed outside of the last five (5) years will be considered unacceptable and not evaluated.

Projects with a total value below $3.5M (or the equivalent foreign currency) will be considered unacceptable and not evaluated.

Projects completed by the offeror in any capacity other than a prime construction contractor will be considered unacceptable and not evaluated. The prime contractor does not have to self-perform the work identified as significant features; however the prime contractor must demonstrate that it has managed projects that included these features. With regard to the significant features, not every single project needs to demonstrate experience in every single significant feature, but the relevant projects collectively must demonstrate experience in all of the significant features for the general experience of the offeror to be considered acceptable.

For multiple award contract (MAC) or indefinite delivery / indefinite quantity (ID/IQ) contracts, the specific relevant task order(s) that constitute a single project on the same site, not the entire MAC or ID/IQ contract, will be considered for evaluation purposes.

Factor 2, Safety

Solicitation Submittal Requirements:

The Offeror shall submit a narrative that describes the plan that the Offeror will implement to qualify, evaluate, select and oversee its potential subcontractors.

The Safety narrative shall be limited to one (1) double-sided page (or two (2) single-sided pages). Minimum font size is Times New Roman 10pt.

The narrative must address, at a minimum: (1) a plan to include the safety performance of subcontractors in the selection process for all levels of subcontractors; and (2) a plan to monitor the safety compliance and performance of self-performed and sub-contractor performed work, highlighting what specific management practices will be in place for providing deliberate safety program management and mishap prevention support.

Basis of Evaluation:

All solicitation submission requirements shall be submitted, in accordance with Solicitation Submittal Requirements paragraph of this factor.

Narratives that address the minimum areas stated in Solicitation Submittal Requirement paragraph of this factor will be considered acceptable.

Submitted projects that exceed one (1) double-sided page (or two (2) single-sided pages) length using the Construction Experience Project Data Sheet form or have less than 10 point font size text will be considered unacceptable and not evaluated.

Factor 3, Technical Solution

Solicitation Submittal Requirements:

The Offeror shall submit a narrative describing their understanding and approach to executing the project that meets the requirements of the solicitation and provides a technical approach to executing the project with minimal impacts to ongoing operations on the base, including at a minimum a phasing plan for construction and tie-in to fire and potable water supplies for the base and a mitigation plan to minimize utility outages and road closures.

Narrative shall not exceed three (3) single sided pages. Minimum font size is Times New Roman 10pt.

Basis of Evaluation:

All solicitation submission requirements shall be submitted, in accordance with Solicitation Submittal Requirement paragraph of this factor.

Narratives that address the minimum areas stated in Solicitation Submittal Requirement paragraph of this factor will be considered acceptable.

Submitted projects that exceed three (3) single sided pages or have less than 10 point font size text will be considered unacceptable and not evaluated.

Factor 4, Past Performance (Past Performance of Offeror relates to how well a contractor has performed in the past on contracts of similar size, scope and complexity):

Solicitation Submittal Requirements:

If a completed Construction Contractor Appraisal Support System (CCASS), Architect-Engineer Contractor Appraisal Support System (ACASS) or Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 1. If there is not a completed CCASS, ACASS or CPARS evaluation, then submit Past Performance Questionnaires (Attachment 6) for each project included in Factor 1. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other solicitations. 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 contacts Jodi Van Slyke at Jodi.Vanslyke@eu.navy.mil and Elias Stamatiades at elias.stamatiades@eu.navy.gov .

Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 1 – 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. Minimum font size is Times New Roman 10pt.

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. 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.

Performance award or additional information submitted will not be considered.

Basis of Evaluation:

All solicitation submission requirements shall be submitted, in accordance with Solicitation Submittal Requirements paragraph of this factor. Projects that do not correspond to projects submitted under Factor 1 and pages that exceed the maximum number allowed will be removed and discarded prior to evaluation.

This evaluation focuses on how well the Offeror performed on the relevant projects submitted under Factor 1 – Experience. An acceptable submission for this factor must reflect a trend of satisfactory performance considering:

a. A pattern of successful completion of phasing and overall task completion;

b. A pattern of deliverables that are timely and of good quality;

c. A pattern of cooperativeness and teamwork with the Government/Client at all levels (task managers, contracting officers, auditors, etc.);

d. Tasks that are identical to, similar to, or related to the task at hand; and

e. A respect for stewardship of Government/Client funds.

The Government may consider volume and rating of relevant Past Performance evaluation when considering the overall rating for this factor.

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 relevancy 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 solicitation.

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

INSTRUCTIONS TO OFFERORS

TABLE OF CONTENTS

1.1 ENGLISH SPEAKING REPRESENTATIVE

1.2 SITE VISIT

1.3 CLASIFICACION DE EMPRESAS DE OBRAS CERTIFICATION

1.4 BINDING TEAMING AGREEMENTS: JOINT VENTURE, UNIÓN TEMPORAL DE EMPRESAS (UTE),

LIMITED LIABILITY COMPANIES AND LIMITED PARTNERSHIP

1.5 1.5 SYSTEM FOR AWARD MANAGEMENT

1.6 PROPOSAL PACKAGE SUBMITTAL REQUIREMENTS

1.7 INSTRUCTIONS FOR SUBMITTING PRE-PROPOSAL INQUIRIES (PPI)

1.8 AMENDMENTS

1.9 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

1.10 PERFORMANCE GUARANTEE

--End Document Table of Contents—

1.1 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.

1.2 SITE VISIT

The clauses 52.236-2 Differing Site Conditions, and 52.236-3 Site Investigation and Conditions Affecting the work, will be included in this solicitation and resultant award. Accordingly, Offerors are expected to inspect the site where the work will be performed.

An organized site visit is re-scheduled for Tuesday, 10 July 2018 at 10:00 AM Central European Time (CET) at Naval Station Rota, Spain. All interested parties must meet applicable base access requirements for Naval Station Rota.

Spanish Nationals interested in attending the site visit that do not already have base access: Re-submit completed Attachment 1, Work Pass Form, via e-mail to Ms. Manuela Arroyo at Manuela.Arroyo.SP@eu.navy.mil, Ms. Jodi Van Slyke at Jodi.VanSlyke@eu.navy.mil, and Mr. Elias Stamatiades at Elias.Stamatiades@eu.navy.mil no later than 4:00 P.M. Central European Time (CET) on 3 July 2018.

European/American citizens interested in attending the site visit that do not already have base access: Along with a photocopy of the requestor’s passport, re-submit completed Attachment 1, Work Pass Form, via e-mail to Ms.

Manuela Arroyo at Manuela.Arroyo.SP@eu.navy.mil, Ms. Jodi Van Slyke at Jodi.VanSlyke@eu.navy.mil, and Mr.

Elias Stamatiades at Elias.Stamatiades@eu.navy.mil no later than 4:00 P.M. Central European Time (CET) on 3 July 2018.

Spanish Nationals and European/American citizens interested in attending the site visit that already have base access: Submit full name(s) and DNI or passport number (s) for all individuals planning to attend no later than no later than 4:00 P.M. Central European Time (CET) on 3 July 2018.

Other Nationals interested in attending the site visit: Please contact Ms. Jodi Van Slyke at Jodi.VanSlyke@eu.navy.mil, and Mr. Elias Stamatiades at Elias.Stamatiades@eu.navy.mil as soon as possible, but no later than 3 July 2018.

Offerors are limited to a maximum of three (3) attendees. Due to base access requirements, no attendee substitutions will be permitted. Additionally, personnel whose base access request has not been approved will not be granted access to the facility. The site visit is anticipated to last approximately two (2) hours.

Please note there are stringent security requirement to access the base, all steps must be followed in the timeframes provided to gain access.

On the day of the site visit (10 July 2018), all attendees shall meet NAVFAC personnel just outside the Rota Gate at 9:45 A.M. Central European Time (CET). A bus will take all attendees to the pre-proposal conference/pre-site visit meeting location.

The Government will not provide any verbal answers to any questions posed during the site visit. Offerors shall provide written Pre-Proposal Inquiries (PPIs) per the instructions below no later than 14:00 Central European Time (CET) on 20 July 2018. Remarks and explanations addressed during the site visit shall not qualify or alter any solicitation terms or conditions. The terms and conditions of this solicitation will remain unchanged unless amended in writing.

1.3 CLASIFICACION DE EMPRESAS DE OBRAS CERTIFICATION

Offerors must hold an updated Certificate of Classification issued by the “Clasificacion de Empresas de Obras” of the Ministerio de Economia y Hacienda” covering the following groups, subgroups, and categories.

Group Subgroup Category E 1 5

Proposals received from firms which do not individually or jointly hold an appropriate Certificate of Classification shall be considered nonresponsive.

1.4 BINDING TEAMING AGREEMENTS: JOINT VENTURE, UNIÓN TEMPORAL DE EMPRESAS

(UTE), LIMITED LIABILITY COMPANIES AND LIMITED PARTNERSHIP:

For 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.

Unión Temporal de Empresas (UTE):

a. The Spanish Ministry of Industry provides definition of “Union Temporal de Empresas (UTE)” as temporary business alliances set up for a specified or unspecified period of time, for the purpose of carrying out a specific project or service. Website: http://www.investinspain.org/guidetobusiness/en/2/art_2_23.html

b. Provide temporary UTE number from the Spanish tax department. If awarded the contract, the UTE shall provide the permanent UTE number to the procuring agency (U.S. Navy) within 15 working days after award. The Spanish Tax Department provides guidance on UTE registration requirements. Website:

https://www.agenciatributaria.gob.es/AEAT.sede/procedimientos/GC00.shtml

Each Joint Venture or Unión Temporal de Empresas (UTE) must provide one (1) CAGE/NCAGE code and one (1) DUNS number for the Joint Venture or Unión Temporal de Empresas (UTE), as well as one (1) DUNS number for each member comprising the Joint Venture or UTE.

Each Joint Venture or UTE must be registered in the System for Award Management (SAM) using the name of the Joint Venture or UTE.

Joint Venture (JV) and UTE Offerors shall provide with their proposal a notarized legal document that establishes the JV or UTE. The JV or UTE Agreement shall take effect upon the submission of the proposal and remain irrevocable for at least 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 or UTE shall be furnished with the proposal in its original language version along with a certified English translation of the notarized JV or UTE document. The Joint Venture or UTE 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 or UTE 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 or UTE. Failure to submit a JV or UTE Agreement in English translation with notary is a failure to meet a material requirement.

The JV or UTE also needs to complete the online representations and certifications for each joint venture member as well as for the joint venture itself. Refer to “Paragraph 1.7 of Section 00100 – Bidding Schedule/Instructions to Bidders” and “Section 00600 – Representations and Certifications.”

The Joint Venture Agreement and UTE Agreement shall include, at a minimum, the following:

a. Name of firms that form the JV or UTE and the name of the JV or UTE.

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

c. Solicitation number.

d. The statement “The composition and structure of the JV or UTE will remain unchanged from award to one

(1) year after contract completion.”

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

f. Statement under oath stating that the Joint Venture (JV) or UTE 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 or UTE.

The U.S. Government reserves the right to review the actual JV or UTE Agreement to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV or UTE 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 or UTE after award will require the JV or UTE to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer. JV/UTE composition cannot change between proposal and award.

Joint Ventures, Uniónes Temporales de Empresas, Limited Liability Companies, and Limited Partnerships shall submit the following additional documentation regarding their business entities:

a. A copy of the JV, UTE, LLC, or LTD agreement.

b. A detailed statement outlining the following in terms of percentages where appropriate:

The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

Description of the responsibilities in terms of work category for each member (for example: Firm A performing 25% of electrical work).

The management approach in terms of who will conduct, direct, supervise, and control.

The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

Identify (by name and title) the personnel having the authority to legally bind the partners/parties

(including authority to execute the contract documents and bonds).

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

c. A list of partners/parties, to include company name, DUNS and CAGE Numbers, Address, Point of

Contact, e-mail address, phone number and facsimile number

1.5 SYSTEM FOR AWARD MANAGEMENT

To be eligible for award, your firm(s) must be registered in the System for Award Management (SAM) database as required as required by FAR 52.204-7, System for Award Management (Oct 2016).

Note that the System for Award Management (SAM) is required for all offerors, including Joint Ventures (JV) or Union Temporal de Empresas (UTE) offerors (registration must state the NAME of the JV/UTE). Offerors not currently registered in SAM must obtain a Dun & Bradstreet (DUNS) number and a CAGE or NCAGE prior to registering in SAM.

All offerors, including JV/UTE offerors, must submit with their proposal a DUNS number. In addition to the DUNS number required for JV or UTE offerors, JV or UTE offerors must submit with their proposal a DUNS number for each member comprising the JV or UTE. DUNS numbers can be obtained at http://fedgov.dnb.com/webform. The DUNS number is required in order to register in SAM (see above.)

Firms offering a response to this notice should ensure that they are registered in the System for Award Management (SAM) database (https://www.sam.gov), and complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) subpart 4.1202 and Defense FAR Supplement (DFARS) subpart 204.1202. Firms shall also ensure to obtain a registered DUNS number prior to award.

NOTE: CONTRACTORS MUST COMPLETE BOTH THE FAR AND DFARS REPRESENTATIONS AND

CERTIFICATIONS ON THE SAM WEBSITE. CONTRACTORS ARE PROVIDED ACCESS TO THE

DFARS PROVISIONS ONLY WHEN THEY ANSWER AFFIRMATIVELY THAT THEY WOULD LIKE

TO DO BUSINESS WITH THE DEPARTMENT OF DEFENSE. Contractors are advised that both FAR and DFARS provisions must be listed on their SAM record in order to participate in this solicitation.

CAGE/NCAGE – A CAGE/NGAGE code is required for all offerors, including JV or UTE offerors. JV and UTE offerors must acquire a CAGE Code registered in the JV or UTE name.

U.S. Offerors, including Joint Venture offerors: U.S. offerors must obtain a CAGE Code prior to registering in the SAM database, part of the SAM registration process (see paragraph above.)

Non-U.S. (foreign) Offerors ONLY, including JV or UTE offerors: 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 .

1.6 PROPOSAL PACKAGE SUBMITTAL REQUIREMENTS

Each Offeror must electronically submit a price proposal and a non-price/technical proposal that includes all requirements identified in the evaluation criteria described below for each factor to Jodi Van Slyke at jodi.vanslyke@eu.navy.mil and Elias Stamatiades at elias.stamatiades@eu.navy.mil .

All proposals must be received by the time and date stated on the SF 1442, block 13. The time for receipt of proposals shall be based on the time on the receiving Contract Specialist’s computer. Timeliness of proposals will be in strict accordance with FAR 52.215-1. Only those portions received by the specified time and date will be considered and reviewed. Incomplete proposals may result in the rejection of the proposal.

Individual emails must be limited to 5 MBs. If more than one email is required for price and/or non-price/technical proposals, ensure that emails are labeled in the subject line in the following format: Price Proposal Email 1 of _____, Price Proposal Email 2 of _____, etc., or Non-Price/Technical Proposal Email 1 of _____, Non- Price/Technical Proposal Email 2 of _____, etc.

All emails shall include in the subject line the solicitation number N33191-18-R-1600.

The price and non-price/technical proposals shall be submitted in a non-editable format compatible with the Microsoft Office Suite (i.e. Word 2000-2013, Excel 2000-2013) and/or Adobe Acrobat software.

1.7 INSTRUCTIONS FOR SUBMITTING PRE-PROPOSAL INQUIRIES (PPI)

Pre-Proposal Inquiries (PPI) regarding the solicitation shall be submitted in writing via electronic mail to Ms. Jodi Van Slyke at jodi.vanslyke@eu.navy.mil with a copy to Elias Stamatiades at elias.stamatiades@eu.navy.mil . Pre- Proposal Inquiries shall reference the technical or contractual requirement, 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 European Navy Electronic Commerce Online (EuroNECO) website at https://euro.neco.navy.mil. Pre-Proposal Inquiries (PPIs) will be accepted no later than 14:00 Central European Time (CET) on 20 July 2018. The Pre-Proposal Inquiry (PPI) Template is provided as Attachment 3.

1.8 AMENDMENTS

Amendments will be posted to the EuroNECO website https://euro.neco.navy.mil . All documents published in EuroNECO will be transmitted to the Navy Electronic Commerce Online (NECO) website at https://www.neco.navy.mil and the Federal business Opportunities website at www.fbo.gov . It is highly recommended that firms register on EuroNECO as plan holders. It is the offeror’s responsibility to check the EuroNECO website periodically for any amendments to the solicitation.

1.9 CONTRACTOR RESPONSIBILITY DETERMINATION

In accordance with Federal Acquisition Regulation (FAR) 9.1, the Contracting Officer shall award contracts only to responsible vendors. No purchase or award shall be made unless the Contracting Officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them. The Contracting Officer shall require acceptable evidence of the prospective contractor’s current sound financial status, as well as the ability to obtain required resources if the need arises. In regard to resources, the contractor must be prepared to present acceptable evidence of subcontracts, commitments or explicit arrangements that will be in existence at the time of contract award, to rent, purchase or otherwise acquire the needed facilities, equipment, services, materials, other resources or personnel.

Consideration of a prime contractor’s compliance with limitations on subcontracting shall be taken into account for the time period covered by the contract base period or quantities, plus option periods or quantities, if such options are considered when evaluating offers for award. Pursuant to FAR 9.104-4, the Contracting Officer reserves the right to request adequate evidence of responsibility on the part of any prospective subcontractor(s). In the absence of information clearly indicating that the prospective contractor is responsible, the Contracting Officer shall make a determination of non-responsibility. As a minimum requirement, all offerors are requested to submit, as part of the price proposal submissions, the following:

a. Latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or at least by an authorized officer of the organization (include Balance Sheet and Income Statement).

b. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture/Unión Temporal de Empresas (UTE) arrangements, discuss the financial responsibilities among the companies.

c. Point of contact from a bank or any financial institution with which the offeror transacts business.

The Contracting Officer reserves the right to request additional information if needed.

1.10 PERFORMANCE GUARANTEE

The Offeror whose offer/proposal is accepted shall provide, within ten (10) days after award, either (1) a notarized Performance Guarantee letter or (2) Performance and Payment Bonds conforming to the requirements below. If the Offeror fails to provide either (1) a Performance Guarantee letter or (2) Performance and Payment Bonds within ten

(10) days, the contract may be terminated for default. In such event, Offeror shall be liable for any cost of re-procuring the work that exceeds the amount of its offer.

This Performance Guarantee replaces NFAS 5252.228-9306.

Form of Performance Guarantee Letter: 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 _____________

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 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.)

Performance and Payment Bonds: In lieu of a performance guarantee letter in the above stated form, the Contractor may submit performance and payment bonds in which the Contractor and the surety obligate themselves in the amount of ten percent (10%) of the contract price, that the Contractor shall undertake the performance of the contract, shall make all required payments to subcontractors, and that said performance and payment bonds ensure the fulfillment of all agreements contained in the contract.

The bond shall be from a registered bank,…