Amendment 002.pdf
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- Solicitation number
- N3319122R4007
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Other files
| File | Type | Posted |
|---|---|---|
| Amendment 005 Eidts to Filter Specs.pdf | ||
| Amendment 004.pdf | ||
| Amendment 003.pdf | ||
| 22R4007_AMD01FINAL.pdf | ||
| N3319122R4007 Africa First RFP.pdf | ||
| N3319122R4007 Africa First Attach PPQ.docx | DOCX document | |
| N3319122R4007 PPI.docx | DOCX document | |
| Africa First Project Data Sheet Attach D.pdf |
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ACQR5902187
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
1. Provide answ ers to Pre-proposal inquiries 1-20.
2. Extend proposal due date to 20 June 2023 at 14:00 European Summertime.
3. Provide Revised INSTRUCTIONS TO OFFERORS w ith highlighted changes.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 20
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 06-Jun-2023
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 N3319122R4007
X 9B. DATED (SEE ITEM 11)
24-Apr-2023
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
06-Jun-2023
CODE
NAVFAC EUROPE AFRICA CENTRAL
PSC 817 BOX 51
FPO AE 09622-0051
N33191 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
N3319122R4007
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)
The following have been added by full text:
AMENDMENT 0002
The purpose of Amendment 0002 is to accomplish the following:
1. Provide anwers to PPIs numbered 1-20.
2. Extend the proposal due date to 20 June 2023 at 14:00 European summertime.
3. Provide Revised INSTRUCTIONS TO OFFERORS with highlighted changes.
PRE-PROPOSAL INQUIRY 001-
The RFP indicates that all submission requirements for Factor 1 – Technical Approach, Factor 2, Recent, Relevant Experience of the Firm, and Factor 3 – Past Performance on Recent, Relevant Projects (RFP page 17) is required to be submitted in Phase 1; however, further in the RFP on page 64, the submission requirements for Phase 1 contradict what is required on Page 17 with the Factors for submission differing (Factor 1, 2, 3, and 4). Can the Government please reconcile these conflicts within the RFP and clearly establish the correct Factor references to be submitted with Phase 1?
ANSWER: Please see “Revised INSTRUCTIONS TO OFFERORS” as part of Amendment 0002:
PHASE I:
Factor 1 - Recent, Relevant Experience of the Firm Factor 2 - Past Performance on Recent, Relevant Projects
PHASE II:
Factor 3 - Safety Factor 4 – Technical Solution
PRE-PROPOSAL INQUIRY 002-
Please confirm that the response requirements for Phase II are not required to be submitted with Phase I proposals;
and that Factor 4 is a Phase II submission requirement?
ANSWER: Page 9 of INSTRUCTION TO OFFERORS states “Phase I of the solicitation is a narrowing process of offerors based on responsiveness and evaluation of non-price technical factor submittals. Based on the Phase I evaluation criteria, approximately ten (10 of the most highly rated offerors will proceed to Phase II. Factor 4 is a Phase II requirement.
PRE-PROPOSAL INQUIRTY 003-
Please confirm that Factor 1 is indeed “Technical Approach” which includes the solution to the SEED project and is required to be submitted in Phase 1? If so, please provide the Statement of Work (SOW) and other requirements for offerors to provide a solution to the SEED project as required.
ANSWER: Please see answer to Inquiry 001 above.
PRE-PROPOSAL INQUIRTY 004-
Regarding the submission of the Construction and Design Project Data Sheets, please provide guidance on how offerors are to include these files within the submission? For example, are offerors to create one document and include the word attachments within that document and submit as one file, or are offerors to submit a folder with separate construction and design project data sheets included, labeled uniquely? Can offerors submit files as PDFs or are Word files required?
ANSWER: Please see under 1.9 Instructions for the Submission of Offers: “The US. Navy computer server will only accept emails with attachments up to 5 MB. If you need to submit more than one e-mail for the above submission, number them at the end of the email subject title as "1 of ?" and "2 of ?", etc.”
PRE-PROPOSAL INQUIRY 005-
Can the Government consider waiving the requirement that one design project be performed within Djibouti as, in our experience, the Djibouti market is small and narrow and this limits the potential A&E firms that an offeror can partner with.
ANSWER: No. The Government will not waive this requirement.
PRE-PROPSAL INQUIRY 006-
Is it a requirement that A&E subcontractor partners maintain an active System for Award Management (SAM) registration?
ANSWER: No. A&E subcontractors do not need to maintain an active SAM registration.
PRE-PROPOSAL INQUIRY 007-
Past Performance on Recent, Relevant Project is listed as Factor 3 on page 16 of the RFP but later listed as Factor 2 on page 64. This is similar for the other Factors as well. Can the Government please resolve these conflicting Factor labeling within the RFP so that the submission requirements clearly align with the evaluation criteria for both Phase 1 and Phase II?
ANSWER: Please see answer to Inquiry 001 above.
PRE-PROPOSAL INQUIRY 008-
Can the Government consider allowing previously submitted PPQs for recent and relevant projects be included in lieu of requesting newly completed PPQs from customers? The response time requirement is challenging for customers to complete a PPQ and return it in time for submission.
ANSWER: The Contractor is responsible for submitting PPQ’s in accordance with the solicitation requirement.
PRE-PROPOSAL INQUIRY 009-
Given the Q&A deadline and the proposal submission deadline, will the Government consider a 2-week extension to allow offerors time to properly source PPQs from customers as well as incorporate any adjustments from Q&A into the proposal solution?
ANSWER: The proposal due date has been extended to 20 June 2023 at 14:00, European Summertime.
PRE-PROPOSAL INQUIRY 010-
Please confirm that the Non-Price Proposal should be submitted as one PDF file that includes all Phase 1 submission Factors (1-4), as well as the Cover Letter, SF1442, Amendments, Designer Letter of Commitment, Financial Resources, and Subcontractor Involvement in Performance of the Contract; or if separate files are required for these items?
ANSWER: Non-Price Proposal for Phase I includes factors 1 and 2 as provided in revised INSTRUCTION TO OFFERORS. Cover Letter, SF1442, Amendments, Designer Letter of Commitment, Financial Resources, and
Subcontractor Involvement must all be submitted. See page 1.9 Instructions for the Submission of Offers for limitations and information.
PRE-PROPOSAL INQUIRY 011-
Please confirm there are no font type or size restrictions for proposal elements outside of the Project Data Sheet attachments, which require 12 pt. font and limits of 2 pages each? Additionally, please confirm there are no other page limits outside of the Project Data Sheet attachments.
ANSWER: All documents submitted should be in 12 pt. font size. Outside of the page limitation for the Project Data Sheet, there are additional page limitation provided in the solicitation.
PRE-PROPOSAL INQUIRTY 012-
In RFP documents, Page number 7 and Paragraph 1.9 INSTRUCTIONS FOR THE SUBMISSION OF OFFERS Stated The NON-PRICE PROPOSAL included the following below: 4 items at page 7
(1) First page of the proposal shall be in accordance with FAR 52.215-1(c)(2)
(2) All information required by Factor 1, Technical Approach
(3) All information required by Factor 2, Recent, Relevant Experience of the Firm
(4) All information required by Factor 3, Past Performance on Recent, Relevant Projects”
On page 16, it states that Phase II Safety and Technical Solution however there is no seed project in the documents.
Could you please clarify?
ANSWER: The seed project will be provided in Phase II.
PRE-PROPOSAL INQUIRY 013-
Solicitation indicates proposal due date as 24 May 2023. Could you please provide time extension for proposal due date and questions due date. In some of the government’s agencies that, we are use expecting past performance, the process may take longer due to public holidays.
ANSWER: Please see answer to inquiry 009 above.
PRE-PROPOSAL INQUIRY 014-
RFP Section 1.9, page 7: Would the government please confirm that the description of the Non-Price proposal within RFP Section 1.9 is inaccurate and should instead follow the format described in RFP Section 2.2 on RFP page 12?
ANSWER: Please see answer to inquiry 001 above.
PRE-PROPOSAL INQUIRY 015-
RFP Section 2.2, page 12, para. 3.a.7: The RFP references that “In addition to the narrative” that we must submit signed teaming agreements or letters of commitment. Phase I doesn’t have a narrative section in it. Would the government please clarify if there is a narrative section concerning teaming/JV that is required for Phase I?
ANSWER: RFP Section 2.2, page 12, paragraph 3.a.7, instead of “In addition to the narrative,” it should read “In addition to the above.” The change has been highlighted in yellow in the Revised INSTRUCTIONS TO
OFFERORS.
PRE-PROPOSAL INQUIRY 016-
RFP Section 2.2, page 13, para. 3.a.8: States “Phase I and Phase II: Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract.”
Would the government please clarify what evidence of availability of working/operating capital you will accept to satisfy this requirement?
ANSWER: Forms of acceptable evidence include but are not limited to financial statements or certified letter from a financial institution stating the contractor has the financial capability to perform under the terms and conditions of the contract.
PRE-PROPOSAL INQUIRY 017-
RFP Section 2.2, page 16, para. 2.i: Would the government please confirm that Factor 2, as used throughout paragraph (i), is meant to be Factor 1?
ANSWER: Please see answer to Inquiry 001 above.
PRE-PROPOSAL INQUIRY 018-
RFP pages 18-24: Will the government please confirm that we are not required to fill in and submit the Reps and Certs section 00 45 00 that is included within the RFP?
ANSWER: Reps and Certs section 00 45 00 does not require completion as long as the reps and certs are completed in SAM.
PRE-PROPOSAL INQUIRY 019-
RFP Section 2.2, page 16, para. 2.i: states If there is not a completed CPARS evaluation then submit Past Performance Questionnaires (PPQ) (Attachment D) for each project included in Factor 2 for both Construction Experience and Design Experience. The Offeror should provide completed PPQ in the proposal. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.”
Would the government please confirm that previously completed PPQs may be used for Construction and/or Design Factor 1 experiences when a CPARS does not exist?
ANSWER: Information from previously completed PPQs will be accepted for use in this solicitation. However, they must have a new date the questionnaire was completed.
PRE-PROPOSAL INQUIRY 020-
RFP Section 2.2, page 14, para. 1.i: The project descriptions are given a 12-pt font size minimum. Given that the provided project description form is in 10-pt font, would the government allow a minimum font size of 10-pt for the project description forms?
ANSWER: All submittals must be in 12 pt. font size minimum.
The following have been deleted:
AMENDMENT 0001
SECTION 00 21 16 - INSTRUCTIONS TO PROPOSERS
The following have been added by full text:
REVISED INSTRUCTIONS TO OFFERO
INSTRUCTIONS TO OFFERORS
1.1 GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)
1.2 NOTICE TO OFFERORS
1.3 PRE-PROPOSAL CONFERENCE AND SITE VISIT
1.4 ENGLISH SPEAKING REPRESENTATIVE
1.5 JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS
(LTD), ETC.
1.6 OTHER CERTIFICATION REQUIREMENTS
1.7 SYSTEM FOR AWARD MANAGEMENT
1.8 CAGE/NCAGE CODE
1.9 INSTRUCTIONS FOR THE SUBMISSION OF OFFERS
1.10 AMENDMENTS
1.11 INSTRUCTIONS FOR SUBMITTING PRE-PROPOSAL INQUIRIES (PPI)
1.12 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION
1.13 PERFORMANCE GUARANTEE WITH LETTER SAMPLE
1.1 GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)
A Multiple Award Construction Contract (MACC) is a contract awarded from a single solicitation, and may result in award to multiple contractors. This procurement consists of one solicitation with the intent to award approximately five (5) to eight (8) Indefinite Delivery/Indefinite Quantity (IDIQ) contracts to the offerors whose proposals, conforming to the solicitation, will be most advantageous to the Government resulting in the best value, price and non-price factors considered. The Government reserves the right to award less than or more than eight (8), should it be deemed to be in the best interest of the Government to do so. Successful offerors will compete for future work during the term of the contract.
Construction projects to be performed will be renovation or repair, and demolition of Administration Buildings, Community Buildings, Recreational Facilities, Containerized Living Units (CLUs), and other Infrastructure (utility installation) primarily located at Camp Lemonier and various locations throughout Djibouti, and possible locations in adjacent countries. Construction projects to be performed will primarily consist of general building type projects (new construction, renovations, alterations, demolitions, repair work, and any necessary design) including waterfront, pier, quay, industrial, airfield, aircraft hangar, infrastructure, administrative, training, retail, food service, dormitory, medical clinics, community supported facilities and both vertical and horizontal construction. The work includes but is not limited to site improvement, general construction, electrical, fire protection, and mechanical. The contractors shall provide all labor, supervision, engineering, design, materials, equipment, tool, parts, supplies and transportation, to perform all of the services described in the plans and specifications for each task order.
These projects range in value between $5,000 and $5,000,000 however, task orders under or above these amounts may be considered if deemed to be in the Government’s best interest. All task orders issued under the MACC will be awarded in U.S Dollars.
1.2 NOTICE TO OFFERORS:
Preference for Products or Services of Djibouti Solicitation
This solicitation contains a preference for products of Djibouti and proposals will be evaluated in accordance with the evaluation procedures at DFARS 225.7798-6(c).
This solicitation contains DFARS 252.225-7977, “Requirements for Products or Services of Djibouti.”
This solicitation is limited to products or services of Djibouti as defined in DFARS 252.225-7977, “Acquisition Restricted to Products or Services of Djibouti.” In order to be considered as Djibouti First, offerors to perform services must be determined to be providing a “service of Djibouti,” pursuant to DFARS 225.225-7977, “Acquisition Restricted to Products or Services of Djibouti.” In accordance with (a)(2)(ii) of that clause, the U.S.
Embassy Djibouti will maintain a list of companies which have been evaluated as either eligible or ineligible as contractors qualified to perform a “service of Djibouti” under the African Host Nation – Djibouti legislation.
Products of Djibouti must meet the definition of DFARS 225.225-7984(a)(1).
In order to be determined a responsible offeror, among other requirements, prospective offerors must be included as an eligible company on the U.S. Embassy Djibouti list by the date and time of receipt of proposals.
Application for eligibility through the Africa First program shall be directed to djibouticommerce@state.gov.
Visa for Third Country Nationals
It is the responsibility of contractors to understand and comply with all country's visa process and requirements for its workforce. The United States Government will not intervene on behalf of any company not able to comply with destination country visa requirements. Any delay in the execution of work as a result of country entry delays will not be considered a Government delay and may adversely affect contractor performance evaluations.
The primary location for this solicitation is Djibouti. It is imperative for offerors to understand the Djiboutian visa process and restrictions.
1.3 PRE-PROPOSAL CONFERENCE AND 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.
1.4 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.
1.5 JOINT VENTURES (JV) AGREEMENTS
FOR THE PURPOSES OF THIS SOLICITATION, A JOINT VENTURE (JV) REFERS TO A U.S.-STYLED
FORMAL LEGAL ENTITY IN THE NATURE OF A PARTNERSHIP COMPRISED OF TWO OR MORE
PERSONS OR COMPANIES. EACH JOINT VENTURE MUST PROVIDE ONE (1) CAGE/NCAGE CODE,
ONE (1) UNIQUE ENTITY IDENTIFIER CODE FOR THE JOINT VENTURE AND ONE (1) UNIQUE
IDENTIFIER CODE FOR EACH MEMBER COMPRISING THE JOINT VENTURE. THE UNIQUE
IDENTIFIER CODE IS CREATED THROUGH WWW.SAM.GOV. EACH JOINT VENTURE MUST BE
REGISTERED IN SAM.GOV USING THE NAME OF THE JOINT VENTURE.
Joint Venture Offerors (JV) offerors, shall provide with their proposal a notarized legal document that establishes the JV. The JV Agreement shall take effect upon the submission of the proposal and remain irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. Submission of the notarized legal document that establishes the JV shall be furnished with the proposal in its original language version along with a certified English translation of the notarized JV document. The Joint Venture must be formed and valid at the time of submission of the proposal. The validated notarized legal document must include language that each member of the JV will be jointly and severally liable for the performance of the whole contract and will be incorporated into the contract award if award is made to the JV.
1. The Joint Venture Agreement shall include, at a minimum, the following:
(a) Name of firms that form the JV and the name of the JV.
(b) Name and title of the corporate officials signing on behalf of each party.
(c) Solicitation number.
(d) Description of the responsibilities in terms of work category for each member (for example: Firm A performing 100% of design).
(e) The statement "The composition and structure of the JV will remain unchanged from award to one (1) year after contract completion.”
(f) Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.
(g) Statement under oath stating that the Joint Venture(JV) is in compliance at the time of proposal submission with all applicable laws, rules, and regulations. This statement must be signed under oath by all members comprising the Joint Venture.
The U.S. Government reserves the right to review the actual JV Agreement to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV and its potential liabilities in relation to the contract (performance guarantee, insurance, etc) will be sent to the Contracting Officer to provide notice of the same. Any change in the composition of the JV will require the JV to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer.
1.6 OTHER CERTIFICATION REQUIREMENTS
This procurement will contain DFARS clause 252.225-7977 which will restrict competition to products or services of Djibouti. The U.S. Embassy in Djibouti maintains a list of companies which have been determined as eligible for a contracting preference under the U.S. Government’s Africa Host Nation – Djibouti legislation (Africa First); in other words, those companies meet the DFARS definitional requirements for “service of Djibouti.”
Prospective offerors must be included as an eligible company on the U.S. Embassy Djibouti list by the date and time of receipt of offers to be considered eligible to compete. Any questions concerning Africa First legislation and qualifying as a certified Africa First contractor should be directed to djibouticommerce@state.gov.
1.7 SYSTEM FOR AWARD MANAGEMENT
1. All offerors must obtain a Unique Entity Identifier Code created through System for Award Management (SAM) at https://www.sam.gov.
2. All offerors must have an active registration with SAM at the time of proposal submission. If you do not have an active registration with SAM at the time of proposal submission, your proposal will not be considered for award.
3. SAM registration is required for all offerors, including Joint Venture (JV) offerors (registration must state the NAME of the JV).
1.8 CAGE/NCAGE CODE
1. A CAGE/NGAGE Code is required for all offerors, including JV offerors. JV offerors must acquire a CAGE/NCAGE Code registered in the JV name.
2. U.S. Offerors, including Joint Venture offerors: U.S. offerors must obtain a CAGE Code prior to registering in the SAM database, which is part of the SAM registration process. The website https://cage.dla.mil provides further information.
3. Non-U.S. (Foreign) Offerors ONLY: Non-U.S. offerors must obtain a NATO CAGE (NCAGE) Code instead of a CAGE Code prior to registering in the SAM database. NCAGE codes may be obtained at the NCAGE website https://eportal.nspa.natio.int/Codification/CageTool/home..
1.9 INSTRUCTIONS FOR THE SUBMISSION OF OFFERS
PHASE I
PHASE I NON-PRICE PROPOSAL: Submit the following via email to Gloria Lucero at gloria.x.lucero.civ@us.navy.mil and Paul Heavey at paul.m.heavey.civ@us.navy.mil according to the time and date specified in Block 13 or the Request for Proposal.
Submit the Phase I Proposal with the following subject line:
“SOLICITATION N3319122R4007 AFRICA FIRST MACC – PHASE I”
The U.S. Navy computer server will only accept e-mails with attachments up to 5MB. If you need to submit more than one e-mail for the above submission, number them at the end of the e-mail subject title as “1 of ?”, “2 of ?”, etc.
Proposals not received at the above email 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 NON-PRICE PROPOSAL shall include the following:
(1) First page of the proposal shall be in accordance with FAR 52.215-1(c)(2)
(2) All information required by Factor 1, Recent, Relevant Experience of the Firm
(3) All information required by Factor 2, Past Performance on Recent, Relevant Projects
1. Cover letter in accordance with FAR 52.215-1(c)(2), including Solicitation Number; name, address, telephone and email address of the offeror; in case the Offeror is a JOINT VENTURE (JV), the name of the JV MUST BE CLEARLY IDENTIFIED; Name, title, and signature of the person authorized to sign the proposal;
Unique Entity Identifier Code created through www.SAM.gov and CAGE or NCAGE Code of the Offeror, in case the Offeror is a JV provide a Unique Entity Identifier Code for each member of the JV.
2. Completed (Blocks 14 through 20c), signed and dated Standard Form (SF) 1442, Solicitation, Offer, and Award.
3. Acknowledgement of all amendments.
1.10 AMENDMENTS
Amendments will be posted on SAM website at https://sam.gov. It is highly recommended that firms register on SAM as plan holders. It is the offeror’s responsibility to check the website periodically for any amendments to the solicitation.
1.11 INSTRUCTIONS FOR SUBMITTING PRE-PROPOSAL INQUIRIES (PPI)
Pre-Proposal Inquiries (PPI) regarding the solicitation shall be submitted in writing via electronic mail to Ms. Gloria Lucero, Contract Specialist at gloria.x.lucero.civ@us.navy.mil. Pre-Proposal Inquiries shall reference the drawing/detail and/or the specification section, including paragraph number. A response will not be provided to verbal queries. Responses to the Pre-Proposal Inquiries will be provided as an attachment to an amendment and will be posted on the SAM website at https://sam.gov. The Government may not respond to Pre-Proposal Inquiries submitted less than 10 days before the proposal receipt due date. The Pre-Proposal Inquiry (PPI) Template is provided as Attachment 3. Submit only one question per PPI form.
1.13 PERFORMANCE GUARANTEE REQUIREMENTS
The Contractor shall provide a performance guarantee for the duration of any and all active task orders greater than $150,000 or as required by the Contracting Officer.
SAMPLE OF PERFORMANCE GUARANTEE ISSUED BY A BANK
This sample meets the material requirements of clause NFAS 5252.228-9306, “Performance Guarantee.” The Government will accept as valid a Performance Guarantee conforming to these requirements.
BANK LETTERHEAD
To: United States of America U.S. Department of Navy Naval Facilities Engineering Command, Europe Africa Southwest Asia Viale Porto, Box 51 Aeroporto Capodichino 80144, Napoli, Italia
Attention: Contracting Officer Date _____________ Bank Letter of Performance Guarantee No. _______
This is a letter of performance bond / guarantee. I/We, the undersigned, acting as the duly authorized representative(s) of the Bank, declare that the Bank hereby guarantees and is jointly and severally liable as guarantor with the Contractor named below to effect payment to the Contracting Office that issued the contract stated below, by check made payable to the “United States of America by the U.S. Department of the Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia,” within five (5) calendar days after receipt of a simple written request by registered mail, return receipt, in amount up to sum of (Amount equal to ten (10%) percent of the contract amount in the currency stated in the contract), which represents the deposit required of the Contractor to guarantee fulfillment of his obligations for the satisfactory completion and timely performance of the work under Contract No. (insert contract number) for (insert description of services and location), in strict compliance with the terms, conditions and specifications of said contract entered into between the United States of America by the U.S.
Department of Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia and the Contractor (insert name of Contractor) on (insert contract date), plus legal interest to be calculated from the date of receipt of the registered letter of request by the Contracting Officer to the date of actual payment, without any need for the Contracting Officer to take any legal action or obtain the prior consent of the Contractor, or for any other proof, action or decision by any other authority. The request by the Contracting Officer shall simply inform the Bank that the Contractor failed to comply with the terms and conditions of the contract, or did not fulfill his undertaking in whole or in part.
I/We agree and consent that said contract may be modified by change order or supplemental agreement affecting the amount or the period of performance of the contract without prior consent of the Bank and without affecting the validity of this guarantee; provided, however, that the amount of this guarantee shall remain unchanged.
This letter of performance guarantee will continue in effect without change in amount or terms until one year after the work has been finally accepted by the Government through its Contracting Officer’s legal representative.
(BANK NAME & ADDRESS) (CONTRACTOR NAME & ADDRESS)
Signed by: ________________________ Signed by: __________________________
(Typed name) (Typed name) (Title) (Title)
(This Performance Guarantee shall be accompanied by a notarized document authenticating the bank agent’s authority to sign the letter of performance guarantee for the bank company.)
EVALUATION FACTORS FOR AWARD
TABLE OF CONTENTS
PART I. GENERAL
1.1 COMPETITIVE RANGE
1.2 ENFORCEABILITY OF PROPOSAL
1.3 PREFERENCE FOR MULTIPLE AWARDS
PART II. EVALUATION FACTORS / RATING SCHEME
2.1 EVALUATION CRITERIA AND BASIS OF AWARD
2.2 EVALUATION FACTORS FOR AWARD
ATTACHMENTS:
Attachment 1 – Construction & Design Experience Project Data Sheet
Attachment 2 – Past Performance Questionnaire
Attachment 3 – Pre-Proposal Inquiries
PART I. GENERAL
1.1 COMPETITIVE RANGE
If discussions are deemed necessary to maximize the Government’s ability to obtain the best value, discussions will be held with those Offerors in the competitive range. The Government may limit the number of proposals in the competitive range to the most highly rated proposals, considering price and technical merit.
1.2 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.
1.3 PREFERENCE FOR MULTIPLE AWARDS
A MACC is a contract awarded from a single solicitation and may result in award to multiple contractors. This procurement consists of one solicitation with the intent to award approximately five (5) Indefinite Delivery/Indefinite Quantity (IDIQ) contracts to the offerors whose proposals, conforming to the solicitation, represent the best value – the proposals most advantageous to the Government, price and non-price factors considered. Successful offerors will compete for future work during the term of the contract.
PART II. EVALUATION FACTORS
2.1 EVALUATION CRITERIA AND 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 contracts; to negotiate with offerors in the competitive range; and to award the contracts to the offerors submitting the proposals determined to represent the best value—the proposals most advantageous to the Government, price and other factors considered.
2. 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 tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror.
4. All technical factors when combined are of equal importance to the performance confidence assessment (past performance) rating; and all technical factors and the performance confidence assessment (past performance) rating, when combined are approximately equal to price;
5. Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions. Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal. The evaluation report must document the evaluation board’s assessment of the identified weakness(s) and the associated risk to successful contract performance resulting from the weakness(s). This assessment must provide the rationale for proceeding to award without discussions.
2.2 EVALUATION FACTORS FOR AWARD
1. The solicitation requires the evaluation of price and the following non-cost/price factors:
Phase I:
Factor 1 – Recent, Relevant Experience of the Firm Factor 2 – Past Performance on Recent, Relevant Projects
Phase II:
Factor 3 – Safety Factor 4 – Technical Solution
The distinction between experience and past performance is that experience pertains to the volume of work completed by a contractor that are comparable to the types of work described under the definition of recent, relevant projects, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.
For this Two-Phase procurement, Factor 1 –Recent, Relevant Experience of the Firm, Factor 2 – Past Performance on Recent, Relevant Projects will be evaluated in Phase I. Factor 1 will be rated with the adjectival ratings. Factor 3 - Safety and Factor 4 – Technical Solution will be evaluated in Phase II.
Phase I of the solicitation is a narrowing process of offerors based on responsiveness and evaluation of non-price technical factor submittals. Based on the Phase I evaluation criteria, approximately ten (10) of the most highly rated offerors will proceed to Phase II. The Government, however, reserves the right to select less than or more than ten
(10) offerors to proceed to Phase II, should it be deemed to be in the best interest of the Government to do so. Phase II offerors will be required to submit both a Price Proposal and a Non-Price Proposal.
2. The relative order of importance of the non-cost/price evaluation factors is the technical factors 1, 3, and 4 are of equal importance to each other and, when combined are equal in importance to the past performance evaluation/performance confidence assessment factor 2. When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non-cost/price evaluation factors) are approximately equal to price.
The importance of price will increase if the Offerors’ non-cost/price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non-cost/price proposal’s superiority to the Government. Award will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered.
3. Basis of Evaluation and Submittal Requirements for Each Factor.
(a) Price:
Solicitation Submittal Requirements (Phase I and Phase II, further specified below):
(1) Phase I: Cover letter in accordance with FAR 52.215-1(c)(2), including Solicitation Number; name, address, telephone and email address of the offeror; in case the Offeror is a JOINT VENTURE (JV), the name of the JV MUST BE CLEARLY IDENTIFIED; Name, title, and signature of the person authorized to sign the proposal;
Unique Entity Identifier Code created through SAM.gov and CAGE or NCAGE Code of the Offeror, in case the Offeror is a JV provide a Unique Entity Identifier Code for each member of the JV.
(2) Phase I and Phase II: Completed (Blocks 14 through 20c), signed and dated Standard Form (SF) 1442, Solicitation, Offer, and Award.
(3) Phase I and Phase II: Acknowledgement of all amendments.
(4) Phase II: Completed Price Schedule for the Seed Project.
(5) Phase II: Solicitation Section 00 70 00 Completed DFARS Clause 252.229-7001 – Tax Relief.
(6) Phase I: The offeror MUST have an active registration with System for Award Management (SAM) at the time of proposal submission. If the firm does not have an active registration with SAM at the time of proposal submission, your proposal shall not be considered for award.
(7) Phase I: In addition to the above, the Offeror shall submit a signed copy of a joint venture agreement, partnership agreement, teaming agreement, approved mentor protégé agreement (MPA), or letter of commitment for each member of the Offeror’s team identified above (e.g., joint venture member, partner, team member, subcontractor, parent company, subsidiary, or other affiliated company, etc.) in English. Letters of commitment for the Designer of Record shall be addressed from the Designer of Record to the Offeror. The Designer of record’s letter of commitment shall be signed by the Designer of Record’s signing authority.
(8) Phase I and Phase II: Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the offeror plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For Joint ventures, discuss the financial responsibilities among companies and provide the same information for each partner.
(9) Phase II: The Government intends to pay invoices in accordance with the clause for Wide Area Work Flow (WAWF). To do this, your firm must have a U.S. bank or a U.S. bank affiliate associated with your local bank. With your proposal, identify the name of your U.S. bank or affiliate for purposed of paying invoices.
Basis of Evaluation:
The offers submitted for the Seed Project will be used for the Price Evaluation.
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 RFP.
(ii) Comparison of proposed prices with the Internal Government Estimate (IGE).
(iii) Comparison of proposed prices with available historical information.
(iv) Comparison of market survey results.
FAR Part 9.6 defines Contractor team arrangements. Contractor team arrangement, as used in this subpart, means an arrangement in which – (1) Two or more companies form a partnership or joint venture to act as a potential prime Contractor; or (2) A potential prime Contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program.
If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LD member companies (name is not exactly as stated on the SF 1442), the proposal shall clearly demonstrate how the affiliate/subsidiary/parent/LLC/LTD member companies will have involvement in the performance of the contract in order for the experience 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, management, equipment that the affiliate/subsidiary/parent/LLC/LTD member companies shall commit to the performance of this contract) In particular, the proposal shall clearly state the specific commitments of resources 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 the performance of the contract. Vague commitments to support are likely insufficient;
rather, they must demonstrate intent/manner of actual performance on the contract action being solicited.
The Offeror shall submit a signed copy of partnership agreement, teaming agreement, or letter of commitment for each member of the Offeror’s team (e.g., partner, team member, subcontractor, parent company, subsidiary, or other affiliated company, etc.) whose projects are submitted to demonstrate Construction or Design Experience. The Government will not consider the Offeror if there is no supporting partnership agreement, teaming agreement, or letter of commitment demonstrating the necessary level of meaningful involvement. See specific restrictions on the use of subcontractor experience under Factor 2.
PHASE I FACTORS
(b) Non-cost/price Factors:
(1) Factor 1 - Recent, Relevant Experience of the Firm
(i) Solicitation Submittal Requirements:
Construction Experience:
Submit a minimum of one (1) and a maximum of five (5) relevant construction projects that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. The Government will only review up to five most recently completed projects for construction and five additional projects for design. Any projects submitted in excess of five (5) for Construction Experience will not be considered.
For purposes of this evaluation, a relevant project is further defined as:
(1) Construction of buildings (or) Renovation work. Renovation work will be considered relevant if the renovation work includes all of the following work types: architectural, structural, mechanical and electrical; and
(2) Demonstrates a similarity in magnitude with a value of at least $500,000; and
(3) One project must meet the requirement of being performed within the country of Djibouti; and
(4) One project must meet the requirement of being performed for the United States Government.
A project submitted under construction experience will meet the recency requirement if (a) the construction effort is at least 70% complete(d) within ten (10) years immediately preceding the proposal due date. Each relevant completion date shall be clearly stated on the Construction & Design Experience Project Data Sheet.
A project is defined as a construction project performed under a single task order or contract. For multiple award and indefinite delivery/indefinite quantity (IDIQ) type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.
The attached Construction & Design Experience Project Data Sheet (Attachment D) is MANDATORY and SHALL be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed two (2) pages. Pages in excess of the limit will not be evaluated. Font size shall be a minimum of 12.
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, location, construction methods, and construction start and end duration for establishing the Contractor’s ability to perform multiple, concurrent, projects). In addition, the description should also address any sustainable features for the project (if applicable), including specific descriptions of those features.
If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects may be submitted for the Joint Venture members. If a project was performed by a JV, and not all partners from that JV are on the JV proposed for this contact, the offeror shall clearly demonstrate what portion of the work was performed by the JV member offering on this contract and shall not include work performed by the JV as a whole. The JV member proposed for this contract shall specifically address field work performed by the JV member including field staffing and direct field work oversight. The JV member proposed for this contract shall also address home office management performed by that JV member including the number/percentage of employees provided for the overall contract by the JV members as well as the overall percentage of work performed by the JV member. The Offeror shall also submit a SIGNED copy of the Joint Venture agreement indicating the proposed participation of each Joint Venture member. Offerors are still limited to a total of five (5) projects combined.
If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract. The 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 commitment 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. The Offeror MAY NOT utilize experience of a subcontractor to demonstrate construction experience under this evaluation factor unless specialized subcontractor experience is stated as acceptable. Failure to submit this information may result in a lower rating.
The Offeror may use 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 supporting joint venture agreement, partnership agreement, teaming agreement, or letter or commitment and an explanation of the meaningful involvement that the subcontractor will have in performance of the contract.
Design Experience Submit a minimum of one (1) and a maximum of five (5) relevant design projects for the design team that best demonstrates design experience on relevant projects that are similar in size, scope, and complexity to the RFP. The Government will only review five (5) projects for design. Any projects submitted in excess of the five (5) for Design Experience will not be considered.
For purposes of this evaluation, a relevant project is further defined as:
(1) Design of new construction of buildings (or) renovation work. Renovation work will be considered relevant if the renovation work includes all of the following work types: architectural, structural, mechanical and electrical; and
(2) Demonstrates a similarity in magnitude with the resulting construction work of at least $500,000; and
(3) One project must meet the requirement of being a design for construction project within the country of Djibouti;
and
(4) One project must meet the requirement of being performed for the United States Government.
A project submitted under design experience will meet the recency requirement if (a) the construction effort was completed within ten (10) years immediately preceding the proposal due date, regardless of the design completion date, OR (b) the construction effort is ongoing, but the design completion date was reached within the ten (10) years immediately preceding the proposal due date.
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