Amendment 0005.pdf

SOLICITATION AMENDMENT 0005

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 0005 is to:

1) Open Phase II of the solicitation.

2) Provide Instructions to Offerors.

3) Provide Part 2 – Seed Project and Attachments.

1. PHASE II of RFP N33191-23-R-4001:

The Government has concluded its evaluation of the Phase I proposals, and Phase II of the solicitation is opened.

2. INSTRUCTIONS TO OFFERORS:

PART I GENERAL:

1.1 INTENT TO AWARD WITHOUT DISCUSSIONS

The Government intends to evaluate all Phase II proposals received and award a contract without conducting discussions; therefore, the initial proposal shall conform to the solicitation requirements and should contain the best offer from a technical and price perspective.

1.2 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.

1.3 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.

1.4 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.

1.5 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. Pre-proposal conference and Site Visit information will be provided via a future amendment. Offerors are strongly recommended to

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 participate in the site visit, examine the scope of work, drawings, specifications, schedule, and all instructions.

Failure to do so will be at the offeror's risk. A site visit is not mandatory for this procurement.

1.6 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.

1.7 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) 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) offerors, 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.

(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

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 | 3 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.

**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.**

1.8 ANTI-MAFIA SCREENING

1. The United States is committed to ensuring that all Government contracts with performance in Italy remain free from infiltration or other influence by the Mafia. To that end, and in accordance with Italian Legislative Decree 159/2011 as amended, all offerors shall submit with their proposals a completed self-certification known as the “Comunicazione Antimafia” or “Informazione Antimafia” depending on the value of the contract. For contracts valued at less than the applicable European Community monetary threshold for defense contracts, contractors shall submit a completed “Comunicazione Antimafia” self-certification form. See Attachment No. 4. The applicable threshold for construction contracts for 2023 is €5,382,000, and the applicable threshold for supply and service contracts is €431,000. For contracts valued at more than the applicable European Community monetary threshold for defense contracts, contractors shall submit a completed “Informazione Antimafia” self-certification form. See Attachment No. 4.

2. 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.

3. The contractor is subject to Anti-Mafia screening prior to award and throughout the life of the contract.

In the event that, prior to award, the Government discovers any Mafia-related indications or infiltration with respect to the offeror, the offeror will be considered nonresponsible and will not be eligible for award.

4. Further, if during the life of this contract, the Government learns of any Mafia-related indications or infiltration against the contractor, the Government will consider this to be a failure to execute the work and may terminate the contract under the “Default” clause of the contract.

5. The contractor shall ensure that these Anti-Mafia provisions are included in any subcontracts and that the same Anti-Mafia provisions applicable to the prime contractor apply to its subcontractors. If during the life of this contract, the Government learns of any Mafia-related indications or infiltration against any subcontractor at any tier, the contractor 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.

1.9 OTHER CERTIFICATION REQUIREMENTS

Other certifications may be required based on the location (country) of the work issued under the various task orders throughout the NAVFAC EURAFCENT area of responsibility. Those certifications will be requested and evaluated as part of the task orders submittal requirements; no evaluation other than that of the SOA certification requirement will be conducted as part of the MACC award.

1.10 SYSTEM FOR AWARD MANAGEMENT

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

1. System for Award Management (SAM) registration is required for all offerors, including Joint Venture (JV) offerors (registration must state the NAME of the JV). SAM registration can be accomplished at https://www.sam.gov. Offerors not registered in SAM shall obtain a Unique Entity Identifier (UEI) number and a CAGE or NCAGE prior to registering in SAM.

2. A UEI number is required for all offerors, including JV offerors. In addition to the UEI number required for JV offerors, JV offerors must provide a UEI number for each member comprising the JV.

DUNS numbers can be obtained at http://fedgov.dnb.com/webform. The UEI number is required in order to register in SAM.

1.11 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.

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 http://www.dlis.dla.mil/Forms/Form_AC135.asp.

1.12 AMENDMENTS

Amendments will be posted on the SAM.gov website. It is the offeror’s responsibility to check the website periodically for any amendments to the solicitation.

1.13 INSTRUCTIONS FOR SUBMITTING PRE-PROPOSAL INQUIRIES (PPI)

PPIs regarding the solicitation shall be submitted in writing via electronic mail to Sunshine Hernandez at sunshine.m.hernandez.civ@us.navy.mil. PPPIs shall be submitted on the PPI template provided as Attachment 3 and reference the drawing/detail and/or the specification section, including paragraph number. Verbal queries will not be entertained. Responses to the PPIs will be provided as an attachment to an amendment. The Government may not respond to PPIs submitted less than 15 days before the proposal receipt due date.

1.14 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

FAR §9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation. The following information shall be submitted by the offerors included in Phase II of the solicitation.

a. Company financial statements (balance sheets and income statements) for the past two years.

b. 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 http://www.dlis.dla.mil/Forms/Form_AC135.asp http://www.sam.gov/ mailto:sunshine.m.hernandez.civ@us.navy.mil

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 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.

1.15 PERFORMANCE GUARANTEE REQUIREMENTS

The Contractor shall provide a performance guarantee for the duration of any and all active task orders greater than $30,000 or as required by the Contracting Officer.

PART II EVALUATION FACTORS/RATING SCHEME:

2.1 EVALUATION CRITERIA AND BASIS OF AWARD

The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the 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.

The Government intends to evaluate proposals and award contracts 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.

The trade-off 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.

The contracts resulting from this solicitation will be awarded to those responsible offerors whose offers, conforming to the solicitation, are determined to be the most advantageous to the Government considering “Price” and “Non-Price” evaluation factors. Award may be made to other than the lowest priced offerors or other than the highest technically rated offerors. The Non-Price evaluation factors are:

Factor 1 – Technical Approach Factor 2 – Recent, Relevant Experience of the Firm Factor 3 – Past Performance Factor 4 – Safety Factor 5 – Technical Solution

Non-Price Factors 1 – 4 were evaluated in Phase I. Non-Price Factor 5 will be evaluated in Phase II. The relative order of importance of the non-cost/price evaluation factors is the technical factors are of equal importance to each other and, when combined are equal in importance to the past performance evaluation/performance confidence assessment factor. 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.

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

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.

2.2 EVALUATION FACTORS FOR AWARD

This Two-Phase Design-Build (D-B) procurement will result in the award of approximately five (5) Indefinite Delivery/Indefinite Quantity (IDIQ) type contracts under a Multiple Award Construction Contract (MACC) for a five-year period.

For this Two-Phase D-B procurement, Factor 1 – Technical Approach, Factor 2 – Recent, Relevant Experience of the Firm, Factor 3 – Past Performance and Factor 4 – Safety were evaluated in Phase One. Factor 5 – Technical Solution and Factor 6 – Price will be evaluated in Phase Two.

Phase I of the solicitation was a narrowing process of offerors based on responsiveness and evaluation of non-price technical factor submittals. Phase II offerors will be required to submit both a Price Proposal and Non- Price Proposal.

Phase I Factors:

Factor 1 – Technical Approach Factor 2 – Recent, Relevant Experience of the Firm Factor 3 – Past Performance Factor 4 – Safety

All ratings from Phase I will be carried into Phase II unless new or revised information is provided.

Phase II Factors:

Factor 5 – Technical Solution (Based on Proposed Task Order 0001) Factor 6 – Price (Based on Proposed Task Order 0001)

1. The distinction between experience and past performance is that experience pertains to the volume of work completed by a contractor that is 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.

2. The relative order of importance of the non-price evaluation factors is the technical factors – Factor 1 Technical Approach, Factor 2 Experience, Factor 4 Safety, and Factor 5 Technical Solution – are of equal importance to each other and, when combined are equal in importance to the past performance evaluation/performance confidence assessment factor, Factor 3 Past Performance. When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non-price evaluation factors) are approximately equal to Price.

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

2.3 NON-PRICE EVALUATION FACTOR

PHASE II

Factor 5 – Technical Solution:

(a) Solicitation Submittal Requirements:

Provide a narrative describing the technical solution to the Seed Project that meets the requirements of the solicitation. Include the following:

- Describe a step-by-step methodology and process of how the offeror will proceed with the project from start to finish.

- Identify any unusual, complex, or high risk activities inherent to accomplishing the requirements of the Seed Project and how these items will be addressed by the offeror.

- A proposed duration for the Seed Project based on critical activities. All other non-critical activities can run parallel of the critical activities.

- A project schedule (simple bar chart) showing the overall proposed schedule, not to exceed one (1) sheet, 11” x 17”.

The narrative shall not exceed three (3) pages, minimum 12 font. The project schedule is not included in the 3-page limit.

(b) Basis of Evaluation:

The Government will evaluate the narrative considering the extent to which the offeror demonstrates a clear understanding of the architectural and engineering requirements of the project. The Government will evaluate the offeror's technical solution to determine adherence to the technical requirements of the solicitation.

2.4 PRICE EVALUATION FACTOR

PHASE II

(a) Solicitation Submittal Requirements:

(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) Completed Price Schedule for the Seed Project.

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

(5) Societa’ Organismi d’Attestazione (SOA) Certification Requirement. Submit the qualification standards required by Paragraph 1.5 of Section 00100 Instructions to Offerors, for the Seed Project.

(6) Solicitation Section 00700, Completed DFARS Clause 252.229-7001 – Tax Relief

(7) Financial Statements – The offeror shall provide the latest two complete fiscal year annual balance sheets, certified by an independent accounting firm or at least by an authorized officer of the organization. If a new Joint Venture (JV) is being proposed, include the latest two complete fiscal year annual balance sheets for each firm, certified by an independent accounting firm or at least by an authorized officer of the organization.

(8) Financial resources available to perform the contract. Submit amount of available 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 (i.e. independent financial institutions), identify the maximum lines of credit that will be available, from a financial institution.

(9) 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 purposes of paying invoices. In accordance with DFARS 232.7002(c), for foreign firms that are unable to submit invoice payments through WAWF, the Government will allow alternate means of invoice payments through Commercial Bill Payment Office.

(a) Basis of Evaluation:

The offers submitted for the Seed Project will be used for the Price Evaluation. The price for the Contract Line Item Numbers (CLINs) will be utilized for a sum total. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(1) Comparison of proposed prices received in response to the solicitation.

(2) Comparison of proposed prices with the IGE.

(3) Comparison of proposed prices with available historical information.

(4) Comparison of market survey results.

(b) The price proposals will be ranked from lowest to highest based on the evaluation criteria stated above.

(c) The price proposal will initially be evaluated separately from the technical proposal.

PART III SUBMITTAL INSTRUCTIONS TO OFFERORS:

A. PROPOSAL: Proposals shall be submitted via email to Sunshine Hernandez at sunshine.m.hernandez.civ@us.navy.mil no later than Wednesday, 3 January 2024, at 12:00 PM Central European Time (CET).

Submit the Price Proposal with the following subject line:

“SOLICITATION N33191-23-R-4001 NAPLES MACC PRICE PROPOSAL”

Submit the Non-Price Proposal with the following subject line:

“SOLICITATION N33191-23-R-4001 NAPLES MACC NON-PRICE PROPOSAL”

mailto:sunshine.m.hernandez.civ@us.navy.mil

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

B. The following documents are attached:

i. Attachment 1: Seed Project - Work Order No. 1741084: Repair Airfield Apron, Correct Safety

Deficiencies, OWS and Potable Water Line at NSA Capodichino, Naples, Italy

ii. Attachment 2: Price Schedule

iii. Attachment 3: Pre-Proposal Inquiry (PPI) Form

iv. Attachment 4: Comunicazione Antimafia and Informazione Antimafia Self-Certification Forms

(End of SOLICITATION AMENDMENT 0005)