RFPPart1.docx

SECTION 00010 – SOLICITATION CONTRACT FORM

INSTRUCTIONS TO BIDDERS

1. GENERAL INFORMATION

1.1 BIDS: Bidders shall comply with this "Instructions to Bidders" and "Solicitation, Offer and Award (Construction, Alteration, or Repair) (Standard Form 1442)" in the preparation of bids.

1.2 SYSTEM FOR AWARD MANAGEMENT REGISTRATION: Bidders must be registered in the System for Award Management (SAM) database to be eligible for award. For more information please go to: 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.

1.3 BIDDER'S QUALIFICATIONS: Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and such other information as may be required to evaluate the bidders responsibility.

1.4 BID CURRENCY

Bids shall be priced only in United States Dollars

1.5 AMENDMENTS: Amendments to this solicitation will be posted to the website https://euro.neco.navy.mil. Hard copies of the amendment will not be mailed. It is it bidder’s responsibility to check the website periodically prior to the time and date set for receipt of bids for any amendments to the solicitation that may be issued and posted online.

1.6 PRE-BID INQUIRIES:

All questions must be submitted in writing and received by the Contract Specialist, eight (8) calendar days prior to the solicitation closing date in order to permit adequate time to reply to the inquiry. There is no guarantee that questions submitted after the cut-off date will be answered before the solicitation closes.

1.6.1 All pre-proposal inquiries concerning any part of this requirement shall be submitted to the Naval Facilities Engineering Command Europe Africa Southwest Asia (EURAFSWA) FEAD Sigonella Contract Specialist, Deno Stamos, at deno.stamos@eu.navy.mil and the COR, LT. Thomas Runner at Thomas.runner@eu.navy.mil *Inquiries shall be made on the Pre-Proposal Inquiry form attached to this document (Attachment (A)).

1.7. PRE-PROPOSAL CONFERENCE AND SITE VISIT

Pre-Proposal Conference is scheduled for 13 February 2019 at 9:00 AM local time. All parties will meet at the conference room, Room 024, 1st Floor; Building 618, where we will conduct the Pre-Proposal Conference and then proceed to visit the project site.

1.8 INCURRED EXPENSES: The Government is not responsible for any costs incurred or associated with preparation and submission of a bid in response to this solicitation.

1.9 NO ALTERNATE OR MULTIPLE BIDS: Neither multiple bids, nor bid variations or options, nor alternate or alternative bids will be considered.

2. DESCRIPTION OF WORK

The Contractor shall provide all labor, material, tools, equipment, accessories and services necessary to complete the project as specified in the attached scope of work (SOW).

The procurement will result in the award of a Firm-Fixed Price (FFP) contract to: REPLACE HAVC Unit at Naval Air Station II, Bldg. 465. Naval Air Station Sigonella, Sicily, Italy.

The work includes following specific requirements:

1. Secure power and hydronic lines connected to one AERMEC, damaged and beyond repair, heat pump unit at BLDG 465 Base Communication Office.

2. Provide for removal and disposal of the AERMEC heat pump unit.

3. Provide one new heat pump unit matching the same characteristics and accessories of the existing unit. See attached mechanical schedule of existing heat pump unit on sheet 465/M-606. This task involves the replacement of the 2ea main interception valves, minor modifications to the hydronic connections and power supply circuitry. After installation restore connection to existing Direct Digital Control (DDC) system in order to operate as per its original design intent and sequence of operation.

4. Perform Test and Balance and commission new heat pump unit to ensure it meets the design performance and is seamlessly integrated into existing DDC system.

D. All work shall comply with current laws, norms, regulations and standards.

3. LOCATION The work is located at BLDG. 465; Sigonella, NAS II.

4. SKETCHES / DRAWINGS AND ACCOMPANYING SPECIFICATIONS

Included in the SOW/Solicitation.

5. Site Visit

See 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995), in SECTION 00100 – INSTRUCTIONS TO OFFERORS, for additional information pertaining to the Site Visit

6. DEFINITIONS

The following terms and phrases refer to the attached drawings unless stated otherwise: "as shown," "as indicated," and "as detailed," The following terms and phrases refer to acceptance by the Contracting Officer unless stated otherwise: "as directed," as required," "as permitted," "approved," and "acceptance. The term herein, "provided" means "provided complete in place," and that the supply is "furnished and installed."

7. MAGNITUDE OF THE CONSTRUCTION CONTRACT

In accordance with FAR 36.204, the price range for this project is as follows:

Between $25,000.00 and $100,000.00 U.S Dollars

8. SOCIETA ORGANISMI D’ATTESTAZIONE (SOA) CERTIFICATION REQUIREMENT

Offerors must meet the following pre-proposal qualification standards for this project:

Prevailing Work

9. PREPARATION OF OFFERS

Within 24 hours after participation in the Pre-Proposal Conference and Site Visit, any contractor that is either not going to submit a proposal, or is declining any further participation in the project must notify the contracting officer in writing of such intent.

Offerors are strongly encouraged to participate in the site visit, and to carefully examine the scope of work, drawings, specifications, schedule, and all instructions. Each offeror shall furnish the information required by the solicitation.

SECTION 00100 ~ INSTRUCTION TO OFFERORS

1. VOLUME I, PRICE PROPOSAL

The price proposal shall be submitted NO LATER THAN 3:00 PM local time on 25 February 2019 via e-mail in a single Adobe Acrobat .pdf document to Deno Stamos at deno.stamos@eu.navy.mil.

Bid Currency:

Bids shall be priced only in U.S. Dollars

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

THE PROPOSAL / SF 1442 MUST SHOW –

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

FACTOR 1: PRICE

Each Price Proposal (SF 1442) shall include the following information:

· A signed and completed SF1442. All prices shall be stated in US dollar ($) amounts.

· An acknowledgement of any/all amendments (SF 1442)

· A copy of the SOA certification required in this document.

· A list of ALL prospective subcontractors to be used to perform the task order.

· All required Anti-Mafia Certifications

FAILURE TO PROVIDE ANY OF THE INFORMATION REQUESTED ABOVE MAY RENDER YOUR PROPOSAL NON-RESPONSIVE AND INELIGIBLE FOR AWARD

2. BASIS OF PRICE EVALUATION

The Government will evaluate price based on the TOTAL PRICE OF CLIN 0001. The price analysis will include one or more of the following techniques to ensure a fair and reasonable price:

1. Comparison of proposed prices received in response to the RFP.

2. Comparison of proposed prices to the Independent Government Estimate (IGE).

3. Comparison of proposed prices to available historical information.

3. DEFINITIONS (AWARD)

(a) The contract is considered awarded on the date that the Contracting Officer signs the SF1442.

(b) The contract completion date will be computed from the date of such award notice.

(c) A Performance Guarantee shall be provided within 15 calendar days after the date that the contractor receives the award notice.

(d) The contractor shall not commence any work, or incur any costs, until the Performance Guarantee is approved and notice to proceed is issued.

4. BASIS OF AWARD

The prospective contract award (SAP) will be awarded to the responsible offeror (per FAR Subpart 9.1) proposing the lowest reasonable price.

Past performance will be evaluated to ensure the Contractor has a satisfactory performance history. If no past performance is available for the Contractor under this RFP the Contractor will be evaluated as Unknown for this factor and will be evaluated neither favorably nor unfavorably.

FAR 9.104-1 defines general standards of Responsibility as follows:

To be determined responsible, a prospective contractor must –

(a) Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a));

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(c) Have a satisfactory performance record (see 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;

(d) Have a satisfactory record of integrity and business ethics (for example, see Subpart 42.15);

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3 (a).)

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

FAR 9.104-3 addresses the application of these standards as follows:

(a) Ability to obtain resources.

Except to the extent that a prospective contractor has sufficient resources or proposes to perform the contract by subcontracting, the contracting officer shall require acceptable evidence of the prospective contractor’s ability to obtain required resources (see 9.104-1(a), (e), and (f)). Acceptable evidence normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, other resources, or personnel. Consideration of a prime contractor’s compliance with limitations on subcontracting shall take into account 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.

(b) Satisfactory performance record.

A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be non-responsible, unless the contracting officer determines that the circumstances were properly beyond the contractor’s control, or that the contractor has taken appropriate corrective action. Past failure to apply sufficient tenacity and perseverance to perform acceptably is strong evidence of non-responsibility. Failure to meet the quality requirements of the contract is a significant factor to consider in determining satisfactory performance. The contracting officer shall consider the number of contracts involved and the extent of deficient performance in each contract when making this determination. If the pending contract requires a subcontracting plan pursuant to Subpart 19.7, The Small Business Subcontracting Program, the contracting officer shall also consider the prospective contractor’s compliance with subcontracting plans under recent contracts.

(c) Affiliated concerns. Affiliated concerns (see “Concern” in 19.001 and “Affiliates” in 19.101) are normally considered separate entities in determining whether the concern that is to perform the contract meets the applicable standards for responsibility. However, the contracting officer shall consider the affiliate’s past performance and integrity when they may adversely affect the prospective contractor’s responsibility.

The Government reserves the right to eliminate any or all offerors from award consideration any time before contract award.

The Government intends to evaluate proposals and award 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.

5. PRE-CONSTRUCTION MEETING

Before work begins, a meeting between the contractor and the Government representative will be held to discuss contract matters of mutual interest. Upon design completion for this design-build project, the contractor shall contact the Construction Manager, who will be identified with the award notice, to schedule the Pre-Construction Meeting.

6. CODES AND STANDARDS

All work shall be performed in accordance with the Corps of Engineers Safety Manual, EM-385-1-1, the most current version, in accordance with Italian Laws, Norms and Regulations regarding Safety at Temporary Work Site (Norme per la Sicurezza nei Cantieri Temporanei e Mobili), and with all NFPA applicable codes (NFPA 101 & NFPA 99).

FAR 52.236-1, PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) states:

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 20% percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

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:

An organized site visit has been scheduled for – 13 February 2019 at 9:00 AM Pre-proposal Conference-Building 618, First Floor, Room 024, Conference room. NAS II Site Visit – Bldg. 465 Attendees should meet at the site conference room, where we will conduct the Pre-proposal Conference and then proceed to visit the site.

Additional information in regards to provision 52.236-27: All prospective offerors are urged to attend the pre-proposal conference and site visit.

The pre-proposal conference will be held for the following purposes: familiarization with the extent and nature of project; explaining the concepts involved, the specifications, terms and conditions, and unique solicitation features.

The Government will not provide any verbal answers to any verbal questions posed during the pre-proposal conference. Offerors shall provide written questions for any pre-proposal issues that may arise during the conference. The form for submitting such questions is provided as part of this RFP. The Government will provide written responses to any such questions in an electronic solicitation amendment.

No minutes of this meeting will be issued. Remarks and explanations addressed during the conference shall not qualify or alter any solicitation terms or conditions. The terms and conditions of this solicitation will remain unchanged unless amended in writing. However, if an amendment is issued, the procedures, described in this section, that govern acknowledgement and receipt requirements apply.

Contractors are not allowed to use any cameras, tape recorders, or other recording devices during the pre-proposal conference unless approved by appropriate NAVFAC personnel.

The Government cannot guarantee base access for the pre-proposal conference or site visit unless the Contractor submits the names of attendees and base access pass requests, if applicable, and TWO (2) forms of identification (copies of identification cards and Driver’s License or Passport) to Ms. Cristina Lauria at cristina.lauria.it@eu.navy.mil no later than 3:00 PM on 05 February 2019. In your e-mail responses, indicate the last, first name and identification card/Driver’s License or Passport number of the person.

5252.236-9301 SPECIAL WORKING CONDITIONS AND ENTRY TO WORK AREA (OCT 2004)

The Government under certain circumstances may require denial of entry to the work areas under this contract where the Contractor's work or presence would constitute a safety or security hazard to ordnance storage or handling operations. Restrictions covering entry to and availability of the work areas are as follows:

(a) Entry. Entry to work areas located within the special Security Limited areas, defined as those work areas located within the existing security fence, can be granted subject to special personnel requirements as specified herein and to other normal security and safety requirements. Complete denial of entry to the Limited Area may be required during brief periods of one to two hours (normally) and on rare occasions of two to four hours. For bidding purposes, the Contractor shall assume denial of entry to the work areas in the Limited Area of six 2-hour denials and one 4-hour denial per month.

(b) Vehicle Delay. The Contractor shall also assume for bidding purposes that, in addition to site denial, each vehicle and/or unit of construction equipment will be delayed during each movement through the security gate, both entering and leaving the limited area. Delays will average 5-30 minutes.

(c) Operational Considerations. To reduce delay time while preserving required security, the following points should be considered in operational planning:

(1) Vehicle Search. Security regulations required that all vehicles, when authorized to enter the Limited Area be thoroughly searched by guard force personnel. Such a search will be required for all vehicle/ construction equipment. Accordingly, once a vehicle or unit of construction equipment has been cleared, it may be left in the Limited Area after initial entry has been made. For the period of time authorized the vehicle/equipment left in the Limited Area will be assigned parking areas by the Contracting Officer. The vehicle/equipment must be secured as specified in paragraph entitled "SECURITY REQUIREMENTS." The intent is to reduce the Contractor loss of time at the security gate. No private vehicles will be allowed to enter the Limited Area.

(2) Delivery Vehicles. Guard force personnel will inspect vehicles delivering construction materials while the driver is being processed for entry into the Limited Area. A Security Escort will then escort the driver and vehicle in the Limited Area. To provide this service, delivery schedules should be promulgated in advance and vendors made aware that a reasonable delay can be expected if delivery is other than the time specified. Deliveries after 1600 hours will not be allowed entry into the Limited Area without prior approval of the Physical Security Officer.

(End of clause)

ANTI MAFIA CLAUSE

ANTI-MAFIA LAW

Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No. 629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.

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

Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract.

Documentation Requirements: Contractor shall submit the following:

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

This documentation is to be included in your Price Proposal.

PERFORMANCE GUARANTEE

NFAS 5252.228-9306 - PERFORMANCE GUARANTEE

The Offeror whose offer/proposal is accepted, shall provide a notarized Performance Guarantee letter within fifteen (15) days after the contract forms are presented to the Offeror for signature. If the Offeror fails to provide a Performance Guarantee letter within fifteen (15) days, the contract may be terminated for default. In such event, the Offeror shall be liable for any cost of re-procuring the work which exceeds the amount of his offer.

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 eight percent (8%) 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

The Government will accept as valid a Performance Guarantee conforming to these requirements.

BANK LETTERHEAD Date

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

This is a letter of performance guarantee. I/We, the undersigned, acting as the duly authorized representative(s) of the Bank, declare that the Bank hereby guarantees and is jointly and severally liable as guarantor with the Contractor named below to effect payment to the Contracting Office that issued the contract stated below, by check made payable to the “United States of America by the U.S. Department of the Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia,” within five (5) calendar days after receipt of a simple written request by registered mail, return receipt, in amount up to sum of (Amount equal to eight (8%) percent of the contract amount in the currency stated in the contract), which represents the deposit required of the Contractor to guarantee fulfillment of his obligations for the satisfactory completion and timely performance of the work under Contract No. (insert contract number) for (insert description of services and location), in strict compliance with the terms, conditions and specifications of said contract entered into between the United States of America by the U.S. Department of Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia and the Contractor (insert name of Contractor) on (insert contract date), plus legal interest to be calculated from the date of receipt of the registered letter of request by the Contracting Officer to the date of actual payment, without any need for the Contracting Officer to take any legal action or obtain the prior consent of the Contractor, or for any other proof, action or decision by any other authority. The request by the Contracting Officer shall simply inform the Bank that the Contractor failed to comply with the terms and conditions of the contract, or did not fulfill his undertaking in whole or in part.

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

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

(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.)

SOCIETA ORGANISMI D’ATTESTAZIO

SOCIETA ORGANISMI D’ATTESTAZIONE (SOA) CERTIFICATION REQUIREMENT

Offerors must meet the following pre-proposal qualification standards for this project:

Prevailing Work