Amendment 0002.pdf

SOLICITATION AMENDMENT 0002

FOR

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

WATERFRONT, AIRFIELDS, OR OTHER RELATED INFRASTURE PRIMARILY AT

NAPLES SUPPORT ACTIVITY (NSA), NAPLES, ITALY

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The purpose of this Amendment 0002 is to:

1) Revise Section 1.4 JOINT VENTURE (JV) AGREEMENTS of the Solicitation.

2) Provide Responses to Pre-Proposal Inquiries (PPIs).

3) The Proposal Due Date remains unchanged at Wednesday, 31 May 2023, at 12:00 PM

Central European Summer Time (CEST).

1. Section 1.4 JOINT VENTURE (JV) AGREEMENTS is hereby revised in red as follows:

1.4 JOINT VENTURE (JV) AGREEMENTS

FOR THE PURPOSES OF THIS SOLICITATION, A JOINT VENTURE (JV) REFERS TO A

U.S.-STYLED FORMAL LEGAL ENTITY IN THE NATURE OF A PARTNERSHIP

COMPRISED OF TWO OR MORE PERSONS OR COMPANIES. EACH JOINT VENTURE

MUST PROVIDE ONE (1) CAGE/NCAGE CODE, ONE (1) DUNS NUMBER FOR THE

JOINT VENTURE AND ONE (1) DUNS NUMBER FOR EACH MEMBER COMPRISING

THE JOINT VENTURE. EACH JOINT VENTURE MUST BE REGISTERED IN THE CCR

USING THE NAME OF THE JOINT VENTURE.

Joint Venture Offerors (JV), or as per Italian name Associazione Temporanea di Impresa (ATI) 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.

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

Page | 2

(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.

**Only offers from Prime Contractors and Joint Ventures (JV) will be accepted. Offers from Associazione Temporanea d’Imprese (ATI) not legally established, or offers using a contract of availment (contratto de avvalimento) will not be accepted for this procurement and will be considered non-responsive to the solicitation.**

2. RESPONSES TO PPIs:

PRE-PROPOSAL INQUIRY 18:

Solicitation, Part I (Section 00 21 00 Instructions), Section 1.5 ISOCIETA’ ORGANISMI D’ ATTESTAZIONE (SOA) CERTIFICATION, Page 6 of 68.

As per RFP, page 6 : 1.5 SOCIETA’ ORGANISMI D’ATTESTAZIONE (SOA) CERTIFICATION a. Societa’ Organismi d’Attestazione (SOA) Certification Requirement. The following qualification standards shall be met by the offeror for the overall MACC: Category Classification OG1 IV OG3 IV OG6 IV OG11 IV During the current MACC no RFP has never been issued requiring a SOA Category OG 3 IV and/or OG 6 IV. We request you to lower those SOA CLASSIFICATION: from OG3 IV to OG3 I and from OG6 IV to OG6 I

GOVERNMENT RESPONSE 18:

This solicitation is for a MACC with a duration of 5 years. During the next 5 years, the Government's needs could change. As such, this solicitation must be open to all Companies that are pre-qualified for all SOA categories that the Government expects it may need in the future. Thus, there are NO prevailing work categories and Minor Work Categories. All requested categories are prevailing categories for this solicitation.

However, the Government understands the limitation the SOA categories can place on the competitive range. Therefore, the Government is revising the SOA requirements in the solicitation as follows in red:

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

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1.5 SOCIETA’ ORGANISMI D’ATTESTAZIONE (SOA) CERTIFICATION.

a. Societa’ Organismi d’Attestazione (SOA) Certification Requirement. The following qualification standards shall be met by the offeror for the overall MACC:

Category Classification

OG1 IV

OG3 III IV

OG6 III IV

OG11 III IV

Note: SOA certification requirements will vary on subsequent task orders under the MACC in accordance with the projects.

b. Submission of a SOA Certification and Article 80 of DL 50/2016 (Codice degli Appalti) (DeLise Code). Offerors shall demonstrate that they meet the SOA certification requirements and demonstrate compliance demonstrate compliance with Article 38 of DL 163/06 with Article 80 of DL 50/2016. An offeror shall submit the following as part of its proposal:

(1) An unexpired SOA Certificate (including joint venture partner, consortium partners or other type of established Italian construction company subcontractors that will be utilized to meet the qualification standard).

(2) Current self-certification documentation required by Article 38 of DL 163/06 80 of DL 50/2016.

(3) If the potential offeror is a joint venture or a consortium, the offeror shall demonstrate how each member or partner meets the SOA certification requirements stated in paragraph (a) above. Include a description of the responsibilities in terms of work category for each member or partner (for example - Firm A performing 70% of OG-II and Firm B performing 30% of OG-II). Each member or partner who has the SOA Certification must perform the majority of the work pertinent to the certification.

(4) In this solicitation, Offerors are not allowed to utilize subcontractors to cover the missing SOA categories.

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

In the case of a Joint Venture (JV), each member of the JV must have at least one of the required SOA Certifications. In the case of a JV, certification submitted by a subcontractor will not be accepted.

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

Page | 4

PRE-PROPOSAL INQUIRY 19:

Solicitation, Part I (Section 00 21 00 Instructions), Section 1.5 ISOCIETA’ ORGANISMI D’ ATTESTAZIONE (SOA) CERTIFICATION, Page 6 of 68.

The RFP requires, for the four work categories indicated (OG1 – OG11 – OG3 and OG6) the Classification IV for each one.

a) Considering that statistically the works carried out in the previous contracts mostly referred to the OG1 and OG11 categories, while the other two categories (OG3 and OG6) were practically not used or very little used, as they were not routine activities;

b) Considering that the OG3 and OG6 categories are specific and can create a limit in the competition, also considering their general low use.

Based on this information, is it possible to please evaluate and possibly correct/change the Classification of Categories OG3 and OG6 by bringing it down to Classification I, that should be the most appropriate in this case?

GOVERNMENT RESPONSE 19:

See Government Response 18.

PRE-PROPOSAL INQUIRY 20:

Solicitation, Part I (Section 00 21 00 Instructions), Section 1.13. INSTRUCTIONS AND

REQUIRED

(Page 10) - Factor 1: Technical approach Par. (a) (1) the requirement is:

“The technical approach narrative shall be limited to two (2) pages, including the organizational chart.” Being the page limits very narrow, we ask the possibility to include the organizational chart in a separate page from the required two for the technical approach, then use a third page for this purpose.

GOVERNMENT RESPONSE 20:

Factor 1 - Technical Approach remains unchanged.

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

Page | 5

PRE-PROPOSAL INQUIRY 21:

D’ ATTESTAZIONE (SOA) CERTIFICATION, Page 6 of 68.

RFP requires, for the work categories OG3 and OG6 the Classification IV; Since in the previous Naples MACC solicitations no task orders have ever been issued for such amounts corresponding to this classification, and an increase could greatly limit the competition, please confirm if the Government will correct the Classification and bring it to Classification III?

GOVERNMENT RESPONSE 21:

See Government Response 18.

PRE-PROPOSAL INQUIRY 22:

REQUIRED DOCUMENTS FOR THE SUBMISSION OF OFFERS, Page 10 of 68, Factor 2 – Recent, Relevant Experience of the Firm.

RFP requires a minimum of two (2) relevant construction projects with a construction contract value equal to or exceeding $1,000,000. Since in the previous Naples MACC solicitations very few task orders have ever been issued for such amount, this could greatly limit the competition, it would be possible for the Government to add even two

(2) relevant construction projects with a construction contract value equal to or exceeding $500,000?

GOVERNMENT RESPONSE 22:

Factor 2 - Recent, Relevant Experience of the Firm remains unchanged.

PRE-PROPOSAL INQUIRY 23:

D’ ATTESTAZIONE (SOA) CERTIFICATION, Page 6 of 68.

In RFP Pg. 6, point (1) - 1.10 SOCIETA’ ORGANISMI D’ATTESTAZIONE (SOA) CERTIFICATION: refers to the possibility to use subcontractors to meet the qualification standard, this means that if we do not own one or more SOA categories, can we attach the SOA certificate of a subcontractor? Please Confirm.

GOVERNMENT RESPONSE 23:

No. If a company does not own one or more SOA categories, the company can NOT attach a SOA certificate of a subcontractor. In this particular case, where all requested

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

Page | 6

SOA categories are considered prevailing work categories, the company that intends to compete for the MACC award, must have all 4 requested SOA categories. Accordingly, only offers from Prime Contractors and Joint Ventures (JV) that have the requested requirements will be accepted. It is important to remember that if a Joint Venture wants to participate in this solicitation, the JV must be formed and valid at the time of submission of Phase One of the proposal.

PRE-PROPOSAL INQUIRY 24:

REQUIRED DOCUMENTS FOR THE SUBMISSION OF OFFERS, Page 10 of 68, Factor 1 – Technical Approach.

Offerors request the organizational chart be excluded from the 2-page count.

GOVERNMENT RESPONSE 24:

Factor 1 – Technical Approach remains unchanged.

PRE-PROPOSAL INQUIRY 25:

REQUIRED DOCUMENTS FOR THE SUBMISSION OF OFFERS, Page 10 of 68, Factor 2 – Recent, Relevant Experience of the Firm.

For Design Experience, please confirm whether a design subcontractor, as our primary design firm (i.e. design team), can be used for design experience. And if yes, does the design firm need to be presented as a Subcontractor in accordance with Phase I Price Evaluation Factor (7) or only with a Letter of Commitment as indicated on page 12 of the Solicitation.

GOVERNMENT RESPONSE 25:

Pursuant to the Solicitation, Page 12 of 68: “The offeror may utilize experience of a design subcontractor to demonstrate design experience under this evaluation factor. The Offeror must provide a supporting joint venture agreement, partnership agreement, teaming agreement, or letter of commitment and an explanation of the meaningful involvement for the design subcontractor.””

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

Page | 7

PRE-PROPOSAL INQUIRY 26:

REQUIRED DOCUMENTS FOR THE SUBMISSION OF OFFERS, Pages 15-16 of 68.

Solicitation Section 1.13 Instructions and Required Documents for the Submission of Offerors requires the submission of the Price Proposal documents as indicated on pages 15-16. Specififically, point (5) requires the submission of our SOA Certiifcation (i.e.

SOA Certifificate) only. Solicitation Section 1.5 SOA Certifification indicates the requirement to submit a SOA Certifification and Article 38 of DL 163/06 to indicate compliance with both SOA certifification requirements and demonstarte compliance with Article 38 of DL 163/06. Please clarify whether just the SOA Certifificate is required or both the SOA Certifificate and a self-certifification required by Article 38 of DL 163/06.

GOVERNMENT RESPONSE 26:

The Government is revising the SOA requirements in the solicitation as follows in red:

Phase I:

(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; DUNS Number and CAGE or NCAGE Code of the Offeror, in case the Offeror is a JOINT VENTURE (JV), provide a DUNS Number 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;

(4) Solicitation Section 00600, “Representations, Certifications, and Other Statements of Offerors”. Offerors shall comply with the requirements in accordance with 52.204-8.

(5) Societa’ Organismi d’Attestazione (SOA) Certification Requirement and current self-declaration as required by Article 80 of DL 50/2016. Submit the qualification standards required by Paragraph 1.5 of Section 00100 Instructions to Offerors, for the overall MACC.

(6) Applicable to Italian Offerors: The offeror’s Certificato di Iscrizione alla Camera di Commercio – original, unexpired and not older than SIX (6) months at the date of proposal submission of the Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio); and if available, inclusive of the Anti-Mafia Nulla Osta statement reading: "Nulla osta ai fini dell'articolo 67 del Decreto Legislativo n. 159 del 6 settembre 2011 (gia Art 10 della legge 31 maggio 1965, n. 575) e successive modificazioni. La presente certificazione è emessa dalla C.C.I.A.A. utilizzando il collegamento telematico con il sistema

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

Page | 8 informativo utilizzato dalla prefettura di Roma" or any similar statement having the same scope as provided for by applicable Laws.

If the offeror has attempted and is unable to obtain the certificate from the Chamber of Commerce that includes the Anti-Mafia Nulla Osta statement, include an explanation why not along with official correspondence from the Chamber of Commerce, if available.

(7) If available, the Chamber of Commerce Certificate mentioned in Paragraph 1 above for each of its subcontractors.

If the offeror has attempted and is unable to obtain the certificate from the Chamber of Commerce that includes the Anti-Mafia Nulla Osta statement for its subcontractors, include an explanation why not along with official correspondence from the Chamber of Commerce, if available. This documentation is to be included in your Price Proposal.

PRE-PROPOSAL INQUIRY 27:

Factor 5 Technical Solution, (a) Solicitation Submittal Requirements: page 15 of 68

To improve efficiency and readability of content, will the Navy allow graphics and tables to use a font size of no smaller than 9 pt?

GOVERNMENT RESPONSE 27:

No. Factor 5 – Technical Solution (a) Solicitation Submittal Requirements remains unchanged.

PRE-PROPOSAL INQUIRY 28:

AMENDMENT 0001, GOVERNMENT PPI RESPONSE 6 and 11

Request clarification to Government response to PPI #11 and #6 (anti-mafia screening).

Government response to PPI#6, para 1.6 Anti-Mafia Screening, 2., states “In addition, prior to submitting a proposal, all offerors shall initiate registration on the “White List” with the Prefect (Prefetto) where their company is legally registered. The offeror shall submit proof with its proposal that it has initiated or accomplished the “White List” registration procedures. For non-Italian offerors who do not have a registered office in Italy, the offeror shall initiate registration on the “White List” with the Prefect (Prefetto) where the work will be performed.”

Application for registration to the White List can be presented only for Offerors performing business activities identified by art. 1, paragraph 53, of Law 6 November 2012, n. 190 listed below:

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

Page | 9

a) (abrogato dall'art. 4-bis, legge n. 40 del 2020)

b) (abrogato dall'art. 4-bis, legge n. 40 del 2020)

c) estrazione, fornitura e trasporto di terra e materiali inerti;

d) confezionamento, fornitura e trasporto di calcestruzzo e di bitume;

e) noli a freddo di macchinari;

f) fornitura di ferro lavorato;

g) noli a caldo;

h) autotrasporti per conto di terzi;

i) guardianìa dei cantieri;

i-bis) servizi funerari e cimiteriali;

i-ter) ristorazione, gestione delle mense e catering;

i-quater) servizi ambientali, comprese le attività di raccolta, di trasporto nazionale e transfrontaliero, anche per conto di terzi, di trattamento e di smaltimento dei rifiuti, nonché le attività di risanamento e di bonifica e gli altri servizi connessi alla gestione dei rifiuti.

(lettera da i-bis a i-quater aggiunte all'art. 4-bis, legge n. 40 del 2020)

a) (abolished by art. 4-bis, law n. 40 del 2020)

b) (abolished by 'art. 4-bis, lav n. 40 del 2020)

c) Extraction, supply and transport of land and inert materials

d) Packaging, supply and transport of concrete and bitumen

e) Non-operated plant hire

f) Supply of wrought iron

g) Operated plant hire

h) Road transport for third parties

i) Guarding of shipyards i-bis) funeral and cemetery services;

i-ter) catering, canteen management and catering;

i-quater) environmental services, including waste collection, national and cross-border transport, also on behalf of third parties, waste treatment and disposal, as well as remediation and reclamation activities and other services related to waste management.

(letter from i-bis to i-quater added to art. 4-bis, legge n. 40 del 2020)

As we are a design-construction company, our business activity is not an identified by art.

1, paragraph 53, of Law 6 November 2012, n. 190 and we are unable to initiate registration on the white list. Request the Government remove the word ALL and modify the sentence to read “Offerors performing business activities identified by art. 1, paragraph 53, of Law 6 November 2012, n. 190 in shall initiate registration on the “White List” with the Prefect (Prefetto) where their company is legally registered.”

REQUEST FOR PROPOSAL (RFP) N33191-23-R-4001: DESIGN-BUILD / DESIGN-BID-

BUILD MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR THE

CONSTRUCTION, RENOVATION, REPAIR, AND DEMOLITION OF FACILITIES,

Page | 10

GOVERNMENT RESPONSE 28:

Request denied. "White Lists" have been established by Art. 1 Comma 52 of Law 190/2012. In addition, the procedures for companies to be registered on the competent Prefect Office White List are established by DPCM 18 Aprile 2013 - Procedures for the establishment and updating of lists of contractors, service providers and execution agencies not subject to any mafia infiltration attempts, pursuant to Law 6 November 2012, n. 190 - Art. 1, Item 52, as updated by DPCM 24 November 2016. All Companies that work as contractors for public works MUST be in the White List! As such, the Government’s response to PPI #6, para 1.6 Anti-Mafia Screening, 2 is confirmed.

PRE-PROPOSAL INQUIRY 29:

REQUIRED DOCUMENTS FOR THE SUBMISSION OF OFFERS, Page 8 of 68

Page 8 of 68 para 1.13 Instructions for Submission of Offers Unable to find type and font size of the Phase One submission. Govt response #15 & 16 within the Amend0001 is “the prescribed paper size and font style and size remain unchanged”

On page 15-68 of Phase Two it states minimum 12 font… but no style…

Please clarify.

GOVERNMENT RESPONSE 29:

The prescribed paper size, font style, and font size for proposals are as follows:

Paper Size: 8½ x 11 Font Style: Times New Roman Font Size: 12 Point, No Less

(End of SOLICITATION AMENDMENT 0002)