19R1410_Mangalia_RFP.pdf
PDF 732 KB Posted
- Attached to
- D-B Construct Public Preschool, Mangalia, Romania Federal contract opportunity
- Solicitation number
- N3319119R0410
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 19R1410_-_Attach_1_-_PTS.pdf | ||
| 19R0410_-_Attach_4_-_Price_Schedule.doc | DOC document | |
| 19R0410_-_Attach_2_-_PPI.docx | DOCX document | |
| 19R0410_Amend_0001.pdf | ||
| N3319119R0410_19R0410_Preschool__-_Pre_sol.pdf |
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Text version
ACQR5652000
Proposals shall be submitted electronically per the instructions in Block 13 and Section 00100.
Please note: The deadline to submit proposals is in Central European Summer Time (CEST).
In accordance w ith FAR 36.204, the magnitude of this project is expected to be betw een $250,000 and $500,000.
TERESA C. SMITH 39-081-568-7744.
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
07-May-2019
(RFP)
(IFB)
X
CALL:
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
X
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________600 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
YES X NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________06 Jun 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee is, X is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
NAVFAC EUROPE AFRICA SOUTHWEST ASIA
VIALE PORTO CAPODICHINO
NAPOLI 80144
N33191
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
02:00 PM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
39 081 568 7750FAX:TEL: 39 081 568 7750 TEL: FAX:
N3319119R0410 31
N3319119R0410 D-B Construct Public Preschool, Mangalia, Romania
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
N3319119R0410
Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each
Base Bid: D-B Construct Preschool
FFP
The contractor shall provide all labor, supervision, materials, equipment and applicable safety precautions necessary to design and construct the Public Preschool, Mangalia, Romania in accordance with the Performance Technical Specifications - Attachment 1 to this solicitation.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5652000
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1 Each OPTION Option No. 1: Increase size of Preschool
FFP
The contractor shall provide all labor, supervision, materials, equipment and applicable safety precautions necessary to design and construct the increase in size for Public Preschool, Mangalia, Romania in accordance with the Performance Technical Specifications - Attachment 1 to this solicitation.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5652000
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 1 Each OPTION Option No. 2: Fence and Plot Development
FFP
The contractor shall provide all labor, supervision, materials, equipment and applicable safety precautions necessary to design and construct the perimeter fence and plot development for Public Preschool, Mangalia, Romania in accordance with the Performance Technical Specifications - Attachment 1 to this solicitation.
FOB: Destination
PURCHASE REQUEST NUMBER: ACQR5652000
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
Section 00100 - Bidding Schedule/Instructions to Bidders
** PLEASE READ ALL INSTRUCTIONS CAREFULLY**
I. INSTRUCTIONS FOR PREPARATION OF PROPOSALS
1. GENERAL
Proposals, as detailed below, shall be submitted electronically to Ms. Teresa C. Smith at teresa.smith@eu.navy.mil with a copy to Ms. Sabrina Wenning at sabrina.wenning@eu.navy.mil on or before the time specified in Block 13 of the Standard Form (SF) 1442. Compliance with the submittal closing time and receipt of proposals shall be determined by using the time indicated on the receiving Contract Specialist’s computer. The offeror is responsible to verify that the Government has received the proposals.
All documents submitted as part of the proposals shall be in English and sent in PDF format via email to the addresses stated above. Submit the Price Proposal and Non-Price Proposal in two separate PDF files. Total size per email shall not exceed 10 megabytes to ensure receipt by U.S. Government email systems. No hard copies of the proposals will be accepted.
2. SITE VISIT
The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors are urged and expected to inspect the site where the work will be performed. The Point of Contract to make arrangements to visit the site is as follows:
Corina Maria NEGOITA Bilateral Affairs Program Assistant Humanitarian Assistance Program Manager Office of Defense Cooperation U.S. Embassy Bucharest
ROMANIA
Office: +40-21-317-3241 (BAO/HA Assistant extension) Fax: +40-21-317-2366 E-mail: corina.negoita.ln@mail.mil
3. AMENDMENTS
If necessary, any subsequent Amendment will be posted to the European Navy Electronic Commerce Online (EuroNECO) website at https://euro.neco.navy.mil. All documents in EuroNECO will be transmitted to the Navy Electronic Commerce Online (NECO) website at https://www.neco.navy.mil, and the Federal Business Opportunities (FBO) website at https://fbo.gov. It is highly recommended that firms register on the EuroNECO, NECO, or FBO websites as plan holders. It is the offeror’s responsibility to check the designated websites periodically for any amendments to the solicitation.
4. INSTRUCTION FOR SUBMITTING PRE-PROPOSAL INQUIRIES
Offerors who determine that the technical and/or contractual requirements of this RFP require clarification(s) in order to permit submittal of a responsive proposal shall submit all questions in writing. Inquiries shall be submitted using the Pre-Proposal Inquiry (PPI) form provided as Attachment 2, via e-mail to Ms. Teresa C. Smith at teresa.smith@eu.navy.mil with a copy to Ms. Sabrina Wenning at sabrina.wenning@eu.navy.mil. Receipt will be acknowledged. The PPI shall reference the drawing/detail and/or the specification section, including the paragraph number and include only one question per form. Verbal queries will not be entertained. Responses to the PPI will be provided by Amendment and will be posted to NECO, EuroNECO and FBO websites. Pre-proposal questions will be accepted ten (10) calendar days before the proposal due date, any inquiries made after that date may not be answered.
5. REQUIRED PROPOSAL DOCUMENTS
All items listed below are required for the offeror to be found responsive and the offer to be considered for award. Any unrequested information will not be considered as part of the offer and will not be reviewed.
1. The solicitation requires the evaluation of price and the following non-price factors:
Factor 1 – Corporate Experience Factor 2 – Safety Factor 3 – Past Performance
(A) Price Factor:
(1) Solicitation Submittal Requirements:
(a) STANDARD FORM 1442, SOLICITATION, OFFER, AND AWARD
The offeror MUST complete Blocks 14 through 20c.
In Block 14 provide a Point of Contact with a valid phone number and email address.
In Block 14, provide a NATO Commercial and Government Entity (NCAGE) Code.
In Block 14 provide a Duns and Bradstreet (DUNS) Number- the offeror MUST have an active DUNS Number.
The offeror MUST acknowledge all amendments.
(b) SECTION 00010 – SOLICITATION CONTRACT FORM/PRICE SCHEDULE
The offeror MUST fill in the dollar amount for Contract Line Item Number (CLIN) 0001 through CLIN 0003 on Attachment 4 Price Schedule to include the total amount to complete the construction for each CLIN excluding the tax stated in DFARS 252.229-7001 (VAT tax).
Offerors shall provide their Price Proposal in U.S. Dollars. Award will be made in U.S. Dollars, therefore, the offeror’s bank must be able to accept U.S. Dollars as payment.
(c) SECTION 00600 - REPRESENTATIONS AND CERTIFICATIONS
The offeror MUST sign and acknowledge the Representations and Certifications form provided in Section 00600 of this solicitation and submit it with their proposal.
The offeror MUST have an active registration with System for Award Management (SAM) at the time of contract award.
If proposing as a Joint Venture (JV) the offeror MUST provide the documents requested below under “Joint Venture Requirements”.
(d) SECTION 00700 – CONTRACT CLAUSES
The offeror MUST fill in the tax relief exemption rate in DFARS252.229-7001 TAX
RELIEF (SEP 2014) provided in Section 00700 of this solicitation and submit with their proposal.
(2) Basis of Evaluation: The Government will evaluate price based on the total price, exclusive of the tax exemptions (VAT) in DFARS 252.229-7001.
Total price consists of CLIN 0001through CLIN 0003, analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:
(i) Comparison of proposed prices received in response to the solicitation.
(ii) Comparison of proposed prices with the Independent Government Estimate.
(iii) Comparison of proposed prices with available historical information.
(iv) Comparison of proposed prices with 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.
Proposals will be evaluated in the following manner: The number of proposals that will be technically evaluated will initially be limited to the lowest priced proposal. If the lowest priced proposal is not found to be technically acceptable, the next lowest priced proposal will be evaluated. This process will be repeated until the Government identifies a technically acceptable proposal.
(B) NON-PRICE FACTORS:
The Technical Proposal includes the following factors:
(1) Factor 1, Corporate Experience:
(i) Solicitation Submittal Requirements: The offeror MUST provide a minimum of one (1) but no more than two (2) relevant projects for which the Offeror was the prime contractor, sub-contractor or Joint Venture partner.
Relevant projects MUST meet the following requirements:
1. Design and construction of a newly constructed building; and
2. New construction by Design-Build (MUST show experience in design or design management as well as construction); and
3. Performed in the country of Romania within the last 10 years of the date this RFP was issued; and
4. Similar in magnitude with a value of at least $300,000; and
5. Construction must be at least 70% complete by the date this RFP was issued.
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.
A Public Administration building is defined as a building that is the official property of a local municipality, or regional, or federal government of subject country, at least in 50% of its useable area.
Failure to submit a minimum of one (1) relevant project will lead to the offeror being eliminated from competition for failing to submit a complete proposal. If more than two (2) projects are submitted, only the two (2) most recently completed projects will be evaluated.
Use the Contract Data Sheet (Attachment 5) to submit projects. In lieu of the Contract Data Sheet, offerors can provide relevant project information documentation separately. Whether submitted on the Contract Data Sheet or as separate documentation, project descriptions for each project shall explain the detailed scope of work performed and the relevancy to the project requirements of this solicitation. For each submitted project, the offeror shall include the contract number, project location, project description, building size, an explanation of similarity to the current solicitation, dollar value, ending date of the contract, the date the work was completed, and a client point of contact. Offerors must include sufficient information in their proposal to establish the relevancy of their submitted projects.
For each submitted project, the offeror shall include the following:
1. If the experience is for a Government contract include the contract number and the Government Point of
Contact of the Contracting Office or the Contracting Officer Representative.
2. If the corporate experience is not with the US Government, or is a subcontract, the offeror shall provide:
- An electronic copy (PDF or photocopy) of the original contract or subcontract signed by all parties to include: Project title, location by physical project address or coordinates, award value converted into USD, beneficiary Point of Contact information, contract completion date, construction completion date, and a detailed copy of the scope or work translated into English,
- Pictures of the job site showing the construction sign or construction permit with the name, or logo, of the offeror clearly visible
Offerors must include sufficient information in their proposal to establish the relevancy of their submitted projects.
1. All submissions shall be in the English language, documents provided in another language will not be evaluated.
2. The total length for each project shall not exceed ten (10) pages, single sided, with a minimum font size of twelve (12). If more than ten (10) pages are submitted, only the first ten (10) pages will be evaluated.
3. All projects submitted that are outside of the specified time period indicated in paragraph (i) 3 above will not be considered relevant.
4. Proposals that fail to provide all requested data, an accessible point of contact, correct phone number and e-mail address, may result in the project not being evaluated or the project being found not relevant.
If the Offeror is a Joint Venture (JV), relevant project experience shall be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects should be submitted for one of the Joint Venture partners. Offerors are still limited to a total of two (2) projects combined
The offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offeror must provide a letter of commitment and an explanation of the subcontractor’s role in the performance of this contract.
If an offeror is utilizing experience of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF 1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract in order for the project of the affiliate/subsidiary/parent/LLC/LTD member companies to be considered. The proposal shall state the 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/are 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.
(ii) Basis of Evaluation: To receive an acceptable rating in this factor, the offeror MUST provide a minimum of one (1) relevant project meeting the following requirements:
1. Design and construction of a newly constructed building; and
2. New construction by Design-Build (MUST show experience in design or design management as well as construction); and
3. Performed in the country of Romania within the last 10 years of the date this RFP was issued; and
4. Similar in magnitude with a value of at least $300,000; and
5. Construction must be at least 70% complete by the date this RFP was issued.
The offeror must demonstrate experience performing at least one (1) relevant project as defined in the solicitation submittal requirements or one (1) relevant project for one of the Joint Venture partners without shared experience together. 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 solicitation. The Government will review a maximum of two
(2) projects. An offeror will be rated UNACCEPTABLE if the offeror does not submit the minimum number of relevant projects (one (1)). Any projects submitted in excess of the two (2) for Corporate Experience will not be considered.
(2) Factor 2, Safety:
Solicitation Submittal Requirements: The offeror MUST submit:
1. The company’s Safety Narrative.
2. The company’s SIGNED copy of the provided Safety Checklist Form, which is provided as
Attachment 6 to this solicitation.
Safety Narrative: The Safety Narrative shall describe the offeror’s safety management approach for its employees and subcontractors identifying the company’s commitment to safety and indicating how the offeror plans to properly manage and implement safety procedures for itself and its subcontractors. The Safety Narrative should pertain to this project solicitation and address specific safety hazards involved in the scope of work such as multiple project sites and/or high risk activities. It shall identify the authorities and responsibilities of the Site Safety and Health Officer (SSHO), as well as provide a plan describing how the offeror will implement a safe working environment for all levels of subcontractors.
The Safety Narrative shall be limited to four (4) pages, single sided. Any pages submitted in excess of the four
(4) page limitation will not be reviewed.
Safety Checklist Form: By signing the provided form the contractor is verifying that if awarded the contract, they will comply with the safety regulations, provide an acceptable safety plan within 30 days of contract award, appoint a competent employee as SSHO in accordance with this contract and the EM 385-1-1, and provide all required Personal Protective Equipment (PPE) to their employees.
Basis of Evaluation: The Government is seeking to determine that the offeror has a commitment to safety and that the offeror plans to properly manage and implement safety procedures for itself and its subcontractors. To receive an acceptable rating for this factor the offeror MUST provide:
1 . The Company’s Safety Narrative and 2 . The company’s SIGNED copy of the provided Safety Checklist Form.
The Safety Checklist Form is provided as an Attachment to this RFP. Failure to submit a Safety Narrative and a completed Safety Checklist with the proposal will result in a rating of Unacceptable and you will not be eligible to be awarded the contract without discussions.
(3) Factor 3, Past Performance:
(i) Solicitation Submittal Requirements: The offeror shall provide a past performance evaluation for each project submitted under Factor 1 – Corporate Experience. If a completed Contractor Performance Assessment Reporting system (CPARS) or DD2626 Performance Evaluation (Construction) is available, it shall be submitted with the proposal. If there is not a completed evaluation then the offeror shall submit the Past Performance Questionnaire for each project included in Factor 1- Corporate Experience.
If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 7), which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Ms. Teresa Smith, via email at teresa.smith@eu.navy.mil and Ms. Sabrina Wenning at sabrina.wenning@eu.navy.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs or CPARS 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 evaluation is in other than English, provide a translation of the evaluation into English. Documents provided in a language other than English, without an English translation will not be evaluated.
The Government may review any other sources of information for evaluating past performance. Sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company /subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.
While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror.
Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 1 – Corporate Experience. Offerors may also address any adverse past performance issues.
Explanations shall not exceed four (4) pages in total.
Performance awards or additional information submitted will not be considered.
(ii) Basis of Evaluation: The degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (e-SRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance considering:
- A pattern of successful completion of tasks;
- A pattern of deliverables that are timely and of good quality;
- How recently the tasks that are identical to, similar to or related to the task at hand were performed.
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”.
II. BASIS OF AWARD
1. 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 in the competitive range; and to award the contract to the offeror submitting the lowest priced, technically acceptable offer.
2. As stated in the solicitation, 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. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
3. 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 fair and reasonable evaluated price.
4. 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.
III. REQUIREMENTS FOR OFFERORS
It is the responsibility of the offeror to register and obtain the following:
Data Universal Numbering System (DUNS) (http://fedgov.dnb.com/webform) NATO Commercial and Governmental Entity (NCAGE) Code (https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx) System for Award Management (SAM). (https://www.sam.gov/SAM/)
**Please contact the Federal Service Help Desk at https://www.fsd.gov/app/sam/ if you have any questions during the registration process**
ENGLISH SPEAKING REPRESENTATIVE
At all times when any performance of the work at the site is being conducted by any employee of the Contractor, the Contractor shall have a representative present on the site that is capable of explaining the work operations and receiving instruction in the English language. The Contracting Officer shall have the right to determine without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contactor shall immediately replace any individual not acceptable to the Contracting Officer.
JOINT VENTURE REQUIREMENTS
Joint Venture (JV) offerors shall provide with their proposal a notarized legal document that establishes the JV. The JV Agreement shall take effect upon the submission of the proposal and remain irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. Submission of the notarized legal document that establishes the JV shall be furnished with the proposal in its original language version along with a certified English translation of the notarized JV document. The Joint Venture MUST be formed and valid at the time of submission of the proposal. The offeror MUST include the NCAGE code and DUNS number of the JV on their proposal. The validated notarized legal document MUST include language that each member of the JV will be jointly and severally liable for the performance of the whole contract and will be incorporated into the contract award if award is made to the JV.
(a) Name of firms that form the Joint Venture and the name of the Joint Venture
(b) Name and title of the corporate officials signing in behalf of each party
(c) Solicitation number
(d) Description of the responsibilities in terms of work category for each partner
(e) The statement "The composition and structure of the Joint Venture will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government.”
(f) Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.
(g) Statement under oath stating that the Joint Venture(JV) is in compliance at the time of proposal submission with all applicable laws, rules, and regulations. This statement MUST be signed under oath by all members comprising the Joint Venture.
The U.S. Government reserves the right to review the actual JV Agreement to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV and its potential liabilities in relation to the contract (bonds, insurance, etc.) will be sent to the Contracting Officer to provide notice of the same. Any change in the composition of the JV will require the JV to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer.
CERTIFICATIONS, LICENSES, PERMITS, FEES, ETC.
Offerors shall be responsible for determining and paying all fees associated with, and obtaining any required permits for proposed projects including, but not necessarily limited to permits for onsite and off-site hauling, demolition/disposal, storm water discharge, construction activity, temporary utilities, road improvements, communications, etc.
Offerors are responsible for acquiring any required professional certifications (licensing) as required by the country where the work is to be performed.
Offerors are responsible for complying with environmental laws, regulations and requirements.
All coordination with the local, regional, national authorities is the responsibility of the Offeror.
IV. ATTACHMENTS
Attachment 1: Performance Technical Statement (PTS) and Drawings Attachment 2: Pre-Proposal Inquiry Form Attachment 3: Not Applicable Attachment 4: Price Schedule Attachment 5: Contract Data Form Attachment 6: Safety Checklist Form Attachment 7: Past Performance Questionnaire
**PLEASE RE-READ AND FOLLOW ALL INSTRUCTIONS TO ENSURE YOUR
PROPOSAL INCLUDES ALL REQUIRED SUBMITTALS**
Section 00600 - Representations & Certifications
CERTIFICATION REGARDING ACCEPTANCE OF SPECIFIC PROVISIONS OF THE CONTRACT
The Contractor hereby acknowledges that is has read and accepts the following clauses contained in FAR 52.204-8
Representations and Certifications (May 2012) that are applicable to this procurement.
52.203-2 Certificate of Independent Price Determination (Apr 1985)
52.209-5 Certification Regarding Responsibility Matters (Oct 2015)
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)
52.204-8 Annual Representations and Certifications (Oct 2018)
52.209-5 Certification Regarding Responsibility Matters (Apr 2010)
52.222-38, Compliance with Veterans' Employment Reporting Requirements (Sep 2010)
52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification (Aug 2009)
52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--
Representation and Certification (Dec 2012)
The Offeror hereby certifies that it shall obtain all applicable licenses and registration to do business in subject country.
(Failure to be able to obtain the required licenses and registrations after award will result in the contract being terminated for default.)
Contractor's Signature
Date
CLAUSES INCORPORATED BY REFERENCE
52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.204-8 Annual Representations and Certifications OCT 2018 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification
AUG 2009
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
CLAUSES INCORPORATED BY FULL TEXT
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
Section 00700 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.211-13 Time Extensions SEP 2000 52.214-34 Submission Of Offers In The English Language APR 1991 52.215-2 Audit and Records--Negotiation OCT 2010 52.217-5 Evaluation Of Options JUL 1990 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-50 Alt I Combating Trafficking in Persons (JAN 2019) Alternate I MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management
JUL 2013
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984
52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-26 Preconstruction Conference FEB 1995 52.236-27 Site Visit (Construction) FEB 1995 52.247-21 Contractor Liability for Personal Injury and/or Property
Damage
APR 1984
52.247-34 F.O.B. Destination NOV 1991 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.249-2 Alt II Termination For Convenience Of The Government (Fixed
Price) (Apr 2012) - Alternate II
SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7048 Export-Controlled Items JUN 2013 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to become Property of Government MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7011 Payments in Support of Emergencies and Contingency
Operations
MAY 2013
252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after award of the contract, calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 600 days from contract award. The time stated for completion shall include final cleanup of the premises.
(End of clause)
52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $200 for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 180 days of contract award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS
TRANSFER INFORMATION (JULY 2013)
(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.
(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).
(c) Designated Office:
Name:
Teresa Smith
Mailing Address:
NAVFAC EURAFSWA
VIALE PORTO BOX 51
AEROPORTO, CAPODICHINO
80144 NAPOLI, ITALIA
Telephone Number:
0039 081 5687744
Person to Contact:
Teresa Smith
Electronic Address:
teresa.smith@eu.navy.mil
(End of clause)
52.233-1 DISPUTES. (MAY 2014)
(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.
(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.
(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C. chapter 71. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.
(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.
(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.”
(3) The certification may be executed by any person authorized to…
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