AMENDMENT 01.pdf

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

N3319123R9004 Replace Co-Gen Plants & Add Thermal Storage, Caserma Ederle, Vicenza, Italy See page 2 for description

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 02-May-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 N3319123R9004

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

02-May-2023

CODE

NAVFAC EUROPE AFRICA CENTRAL

VIALE PORTO CAPODICHINO

NAPOLI 80144

N33191 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3319123R9004

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 001

The purpose of Amendment 0001 is to:

1. Provide Site‐Visit instructions

2. Extend proposal due date from 24 May 2023 to 7 June 2023.

3. Answer Pre‐Proposal Inquiries:

KTR

PPI

No.

Question Gov't Response

1 Reference RFP pg 6 of 48, paragraph “Certification of Classification” – we request that the S.O.A. Prevailing Work Category be changed from OG09 CLASS IV BIS to OG-1 CLASS VI to better reflect overall the complex scope of work, as well as allow additional and balanced competition.

No. The main scope of work for this project is to build a COGEN PLANT to produce electrical power. Therefore the applecable pravaling SOA category must be OG-09 class IV bis as per RFP.

2 Reference RFP pg 6 of 48, paragraph “Certification of Classification” – we request that the S.O.A. Additional Work Category be changed from OS21 CLASS II to OG09 CLASS IV to better reflect overall the complex scope of work, as well as allow additional and balanced competition.

No. Main remining works is for building deep foundations (piles). It means special works as per declaration of OS-021 category.

Therefore the applecable secondary SOA category must be OS-21 class II as per RFP.

3 RFP pg 7 of 48, paragraph “Certification of Classification” states “Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint- Venture.” Other government solicitations for work in Italy have also allowed the use of subcontracting to qualify for the Minor Work Category. As such, we request that the RFP be modified as follows: “Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint-Venture or subcontracting for the execution of the work pertaining to the categories (or alternatives) for which they are not qualified. Offerors must declare their intention of forming the Joint-Venture or awarding a subcontract. A "Teaming Agreement" or "Letter of Commitment" with the subcontractor must be submitted with the proposal and must identify the qualifications of the subcontractor (attaching the pertinent SOA certificate) and what work they will perform (identifying type and percentage of the work covered by specific SOA certificate).”

RFP pg 7 of 48 will be updated as follows:

Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint-Venture or subcontracting for the execution of the work pertaining to the categories (or alternatives) for which they are not qualified. Offerors must declare their intention of forming the Joint-Venture or awarding a subcontract. A "Teaming Agreement" or "Letter of Commitment" with the subcontractor must be submitted with the proposal and must identify the qualifications of the subcontractor (attaching the pertinent SOA certificate) and what work they will perform (identifying type and percentage of the work covered by specific SOA certificate).”

4 RFP pg 8 of 48, §(B)(1) Factor 1, Experience states “For purposes of this evaluation, a relevant project is further defined as projects that included the installation of Cogeneration (COGEN) Combined Heat and Power (CHP) Systems.” To allow for a more competitive response to this solicitation, we request that the definition of project relevancy be broadened, and the RFP language be modified to “For purposes of this evaluation, a relevant project is further defined as projects that included the installation of power generation systems (i.e., generators).”

RFP will be reworded as follows – "For purposes of this evaluation, a relevant project is further defined as projects that included the installation of Cogeneration (COGEN) Combined Heat and Power (CHP) Systems, and/or other types of Power Generation Systems."

5 RFP pgs 10-11 of 48, §(B)(1)(i) Basis of Evaluation states “To receive an ACCEPTABLE rating for this factor, the offeror must provide a minimum of one (1) relevant construction project meeting the following requirements: 1.

Construction with COGEN/CHP installations and sustainable features

2. Proposals demonstrating relevant project experience for each JV partner may be considered.

3. Performed in the country of Italy and at least 100% complete within the last 10 years of the date this RFP was issued; and

4. Similar in magnitude with a value of at least $750,000.”

To allow for a more competitive response to this solicitation, we request that the evaluation criteria be modified as follows:

“1. Construction with power generation systems installations and sustainable features

2. Proposals demonstrating relevant project experience for each JV partner and/or for each Subcontractor with a Teaming Agreement and Letter of Commitment may be considered.

3. Performed in the country of Italy At least 100% complete within the last 10 years of the date this RFP was issued; and

4. Similar in magnitude with a value of at least $750,000.”

RFP will be reworded as follows – "1. Construction with COGEN/CHP and/or other Power Generation Systems installations and sustainable features.

2. Proposals demonstrating relevant project experience for each JV partner and/or for each Subcontractor with a Teaming Agreement and Letter of Commitment may be considered.

3. Projects submitted are 100% complete within the last 10 years of the date this RFP was issued; and

4. Similar in magnitude with a value of at least $750,000."

6 In the interest of providing responsive, competitive technical and cost proposals to the Government, we request a 3 week proposal due date extension.

Proposal due date will be extended to 7 June

2023 4PM CET.

7 The solicitation document named “N3319123R9004 4-19-23” at pag 7/48 Paragraph I. INSTRUCTIONS FOR PREPARATION OF PROPOSALS, Chapter 5 A item (d) SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS reads: The related classifications (sub-categories) for this work category:

None Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint- Venture. In this last case Offerors must declare their intention of forming the Joint- Venture. In the case of a JV, at least one member of the JV must have the required SOA Certifications.

Please clarify if, as usually stated in other similar RFPs, is allowed to the Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, to bid against the subject solicitation, by subcontracting for the execution of the work pertaining to the categories for which they are not qualified submitting a Letter

It is acceptable for companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can bid against the subject solicitation, by subcontracting for the execution of the work pertaining to the categories for which they are not qualified by submitting a Letter of Commitment identifying the qualifications of the subcontractor and what work they will perform.

of Commitment identifying the qualifications of the subcontractor and what work they will perform.

8 Reference RFP pg 6 of 48, paragraph “Certification of Classification” – we request that the S.O.A. Prevailing Work Category be changed from OG09 CLASS IV BIS to OG01 CLASS VI to better reflect overall the complex scope of work, as well as allow additional and balanced competition.

No. The main scope of work for this project is to build a COGEN PLANT to produce electrical power. Therefore the applecable pravaling SOA category must be OG-09 class IV bis as per RFP.

9 Reference RFP pg 6 of 48, paragraph “Certification of Classification” – we request that the S.O.A. Additional Work Category be changed to include OS21 CLASS II and OG09 CLASS IV to better reflect overall the complex scope of work, as well as allow additional and balanced competition.

No. Main remining works is for building deep foundations (piles). It means special works as per declaration of OS-021 category.

Therefore the applecable secondary SOA category must be OS-21 class II as per RFP.

10 Other government solicitations for work in Italy have also allowed the use of subcontracting to qualify for the Minor Work Category. As such, we request that the RFP be modified as follows:

“Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint- Venture or subcontracting for the execution of the work pertaining to the categories (or alternatives) for which they are not qualified. Offerors must declare their intention of forming the Joint-Venture or awarding a subcontract. A "Teaming Agreement" or "Letter of Commitment" with the subcontractor must be submitted with the proposal and must identify the qualifications of the subcontractor (attaching the pertinent SOA certificate) and what work they will perform (identifying type and percentage of the work covered by specific SOA certificate).”

RFP will be updated as follows:

Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint-Venture or subcontracting for the execution of the work pertaining to the categories (or alternatives) for which they are not qualified. Offerors must declare their intention of forming the Joint-Venture or awarding a subcontract. A "Teaming Agreement" or "Letter of Commitment" with the subcontractor must be submitted with the proposal and must identify the qualifications of the subcontractor (attaching the pertinent SOA certificate) and what work they will perform (identifying type and percentage of the work covered by specific SOA certificate).”

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 24-May-2023 04:00 PM to 07-Jun-2023 04:00 PM.

SECTION 00 21 00 - INSTRUCTIONS

The following have been added by full text:

INSTRUCTIONS TO OFFERORS REV1

** PLEASE READ ALL INSTRUCTIONS CAREFULLY**

I. INSTRUCTIONS FOR PREPARATION OF PROPOSALS

1. GENERAL

Proposals, as detailed below, shall be submitted electronically to Mr. James A. Pabon at james.a.pabon2.civ@us.navy.mil on or before the time specified in Block 13 of the Standard Form (SF) 1442.

Compliance with the submittal closing time and receipt of proposals shall be determined by using the time indicated on the receiving Contract Specialist’s computer. The offeror is responsible to verify that the Government has received the proposals.

All documents submitted as part of the proposals shall be in English and sent in PDF format via email to the addresses stated above. Submit the Price Proposal and Non-Price Proposal in two separate PDF files. Total size per email shall not exceed 10 megabytes to ensure receipt by U.S. Government email systems.

2. SITE VISIT

The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Pre-proposal conference and Site Visit information will be provided via a future amendment. Offerors are strongly recommended to 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. Site visit information will be provided with future amendment, date is TBD. A site visit is not mandatory for this procurement.

3. AMENDMENTS

If necessary, any Amendment issued will be posted to Contract Opportunities on the website at https://sam.gov. It is the offeror’s responsibility to check the designated websites for any amendments to the solicitation.

4. INSTRUCTION FOR SUBMITTING PRE-PROPOSAL INQUIRIES

Offerors who determine that the technical and/or contractual requirements of this RFP require clarification(s) in order to permit submittal of a responsive proposal shall submit all questions in writing. Inquiries shall be submitted using the Pre-Proposal Inquiry (PPI) form provided as Attachment 2, via e-mail to Mr. James A. Pabon at james.a.pabon2.civ@us.navy.mil. Receipt will be acknowledged. The PPI shall reference the drawing/detail and/or the specification section, including the paragraph number and include only one question per form. Verbal queries will not be entertained. Responses to the PPI will be provided by Amendment and will be posted to https://beta.sam.gov. The Government does not intend to respond to any pre-proposal inquiries submitted less than 15 business days before the solicitation closing date in order to permit adequate time to reply to the inquiries.

Any inquiries made after that date may not be answered.

5. REQUIRED PROPOSAL DOCUMENTS

All items listed below are required for the offeror to be found responsive and the offer to be considered for award. Any unrequested information will not be considered as part of the offer and will not be reviewed.

1. The solicitation requires the evaluation of price and the following non-price factors:

Factor 1 – Experience Factor 2 – Past Performance Factor 3 – Safety

The distinction between experience and past performance is that experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, 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

(A) Price Factor:

(1) Solicitation Submittal Requirements:

(a) 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.

(b) STANDARD FORM 1442, SOLICITATION, OFFER, AND AWARD

• The offeror MUST complete Blocks 14 through 20c.

• In Block 14 provide a Point of Contact with a valid phone number and email address.

• In Block 14, provide a Commercial and Government Entity (CAGE) Code (United States firm) or NATO Commercial and Government Entity (NCAGE) Code (non United States firm).

• In Block 14 provide the Unique Entity Identifier Code created through System for Award

Management (SAM) at www.sam.gov.

• The offeror MUST acknowledge all amendments.

(c) SECTION 00 10 00 – SOLICITATION CONTRACT FORM/PRICE SCHEDULE

• The offeror MUST fill in the dollar amount for Contract Line Item Number (CLIN) 0001, CLIN

0002 and CLIN 0003 to include the total amount to complete the construction for each CLIN in accordance with Attachment 1: Specs and Drawings and Exclusive of the Value Added Tax (VAT) as stated in DFARS 252.229- 7001.

• Offerors shall provide their Price Proposal in U.S. Dollars. Award will be made in U.S. Dollars, therefore, the offeror’s bank must be able to accept U.S. Dollars as payment.

(d) SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

• The offeror MUST have an active registration with System for Award

Management (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 shall not be considered for award.

• If proposing as a Joint Venture (JV) the offeror MUST provide the documents requested below under “Joint Venture Requirements”.

• SOCIETÀ ORGANISMI DI ATTESTAZIONE (SOA) CERTIFICATION.

CERTIFICATE OF CLASSIFICATION:

The following SOA Certifications are required, offeror must show that the necessary Certifications are in effect as of the date proposals are due, and must be submitted with the proposal:

Societa’ Organismi d’Attestazione (S.O.A.) (Qualifying Agencies) work categories for this project in accordance with Italian D.P.R. 34/00 (Decreto del Presidente della Republica 25 febbraio 2000, n.34).

The Prevailing Work Category: OG09 CLASS IV BIS (89%) The related classifications (sub-categories) for this work category: None Additional Work Categories other than the Prevailing Category (as required).

First additional Work Category: OS21 CLASS II (11%) The related classifications (sub-categories) for this work category: None Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint-Venture or subcontracting for the execution of the work pertaining to the categories (or alternatives) for which they are not qualified. Offerors must declare their intention of forming the Joint-Venture or awarding a subcontract. A "Teaming Agreement" and "Letter of Commitment" with the subcontractor must be submitted with the proposal and must identify the qualifications of the subcontractor (attaching the pertinent SOA certificate) and what work they will perform (identifying type and percentage of the work covered by specific SOA certificate).

As required by D.Lgs. n. 50/2016, Contracting Officer shall require the apparent successful bidder/offeror to submit additional documentation, upon Contracting Officer’s demand, for evaluation of firm's technical and financial qualifications to execute the work.

Debarment from Award:

Offeror must declare that he is NOT in any of the conditions established by the Article 80 of D.Lgs. n. 50/2016.

Contractor must submit extract from criminal record or affidavits released by the local court of Contractor’s residence.

Contracting Officer shall review Contractors’ certifications for compliance. Firms who obtained SOA certification are listed in the SOA website. Not submitting the additional documentation is treated as a responsiveness issue.

Contracting Officer shall ensure that the contract provisions stipulate that the contract may be terminated for default if it is discovered after award that the Contractor failed to meet the certification requirements of D.P.R. n.

34, or art 80 of D.Lgs. n. 50/2016.

• Anti-Mafia Certification

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 “Communicazione Antimafia” or “Informazione Antimafia” depending on the value of the contract. 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. See Antimafia Clause in Section 00 73 00 – Supplementary Conditions.

(e) SECTION 01 00 00 – GENERAL REQUIREMENTS

• The offeror MUST fill in the tax relief exemption rate in DFARS252.229-7001 TAX RELIEF

(APR 2020) provided in Section 01 00 00 of this solicitation and submit with their proposal.

(2) Basis of Evaluation: The Government will evaluate price based on the total price, exclusive of the Value Added Tax (VAT) in DFARS 252.229-7001.

The total amount of all CLINs in each offer will be used to conduct the Price Evaluation. Price Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

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

(ii) Comparison of proposed prices with the Independent Government Estimate.

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

(iv) Comparison of proposed prices with market survey results.

The Government reserves the right to conduct a price realism analysis of proposed prices it considers to be unrealistically low. If the Government elects to conduct a price realism analysis, it may consider offeror(s)’ understanding of the work, ability to perform the work, or proposed prices received in response to the solicitation, in this analysis and risk assessment. An unrealistically low price may result in the offeror(s)’ proposed price being rejected and the offeror(s)’ proposal being ineligible for award.

Proposals will be evaluated in the following manner: The number of proposals that will be technically evaluated will initially be limited to the lowest priced proposal. If the lowest priced proposal is not found to be technically acceptable, the next lowest priced proposal will be evaluated. This process will be repeated until the Government identifies a technically acceptable proposal.

(B) NON-PRICE FACTORS:

The Technical Proposal includes the following factors:

(1) Factor 1, Experience:

Solicitation Submittal Requirements: The Offeror shall submit the following information:

Construction Experience: Submit a maximum of three (3) relevant construction projects for the Offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as projects that included the installation of Cogeneration (COGEN) Combined Heat and Power (CHP) Systems, and/or other types of Power Generation Systems.

Projects submitted for the Offeror shall be completed within the past ten (10) years of the date of issuance of this

RFP.

A project is defined as a construction project performed under a single task order or contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project;

rather Offerors shall submit the work performed under a task order as a project.

The attached Construction Project Data Sheet (Attachment 3) is MANDATORY and SHALL be used to submit project information. 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 one (1) double-sided page (or two (2) single-sided pages).

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 RFP (i.e., unique features, area, construction methods). In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated and/or certified through a Sustainable Third Party Certification program (example; LEED, BREEAM, PassiveHouse).

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 contract, 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 that 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 three (3) 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 commitments 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. If the Offeror was the subcontractor on the project then the portion (technical and value) of the work performed must be clearly identified. Failure to submit this information may result in an unacceptable rating.

The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offer must provide a letter of commitment and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract.

Failure to submit at least one (1) relevant project will lead to the offeror being eliminated from competition for failing to submit a complete proposal. If more than three (3) projects are submitted, only the three (3) most recently completed projects will be evaluated

Use the Construction Project Data Sheet (Attachment 3) to submit projects. In lieu of the Contract Data Sheet, offerors can provide relevant project information documentation separately. Whether submitted on the Contract Data Sheet or as separate documentation, project descriptions for each project shall explain the detailed scope of work performed and the relevancy to the project requirements of this solicitation. For each submitted project, the offeror shall include the contract number, project location, project description, building size, an explanation of -similarity to the current solicitation, dollar value, ending date of the contract, the date the work was completed, and a client point of contact. Offerors must include sufficient information in their proposal to establish the relevancy of their submitted projects.

For each submitted project, the offeror shall include the following:

1. If the experience is for a Government contract include the contract number and the Government Point of Contact of the Contracting Office or the Contracting Officer Representative.

2. If the corporate experience is not with the US Government, or is a subcontract, the offeror shall provide:

- An electronic copy (PDF or photocopy) of the original contract or subcontract signed by all parties to include: Project title, location by physical project address or coordinates, award value converted into USD, beneficiary Point of Contact information, contract completion date, construction completion date, and a detailed copy of the scope or work translated into English,

- Pictures of the job site showing the construction sign or construction permit with the name, or logo, of the offeror clearly visible

Offerors must include sufficient information in their proposal to establish the relevancy of their submitted projects.

1. All submissions shall be in the English language, documents provided in another language will not be evaluated.

2. The total length for each project shall not exceed two (2) pages, single sided, with a minimum font size of twelve (12). If more than two (2) pages are submitted, only the first two (2) pages will be evaluated.

3. All projects submitted that are outside of the specified time period indicated in the paragraph above will not be considered relevant.

4. Proposals that fail to provide all requested data, an accessible point of contact, correct phone number and e-mail address, may result in the project not being evaluated or the project being found not relevant.

If the Offeror is a Joint Venture (JV), relevant project experience shall be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared experience, projects should be submitted for one of the Joint Venture partners. Offerors are still limited to a total of three (3) projects combined

The offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offeror must provide a letter of commitment and an explanation of the subcontractor’s role in the performance of this contract.

(i) Basis of Evaluation: To receive an ACCEPTABLE rating for this factor, the offeror must provide a minimum of one (1) relevant construction project meeting the following requirements:

1. Construction with COGEN/CHP and/or other Power Generation Systems installations and sustainable features.

2. Proposals demonstrating relevant project experience for each JV partner and/or for each Subcontractor with a Teaming Agreement and Letter of Commitment may be considered.

3. Projects submitted are 100% complete within the last 10 years of the date this RFP was issued; and

4. Similar in magnitude with a value of at least $750,000.

The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant construction projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review three (3) projects for construction. An offeror will be rated UNACCEPTABLE if the offeror does not submit the minimum number of relevant projects. Any projects submitted in excess of the three (3) for Construction Experience will not be considered.

(2) Factor 2, Past Performance:

Solicitation Submittal Requirements: The offeror MUST submit:

A completed Contractor Performance Assessment Reporting System (CPARS) evaluation if available, shall be submitted with the proposal for each project included in Factor 1 for construction experience. If there is not a completed CPARS evaluation then submit Past Performance Questionnaires (PPQ) (Attachment 4) for each project included in Factor 1 for construction with Cogeneration (COGEN) Combined Heat and Power (CHP) Systems, and/or other types of Power Generation Systems. 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. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Contract Specialist – Mr. James A. Pabon, email address: james.a.pabon2.civ@us.navy.mil.

Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 1 – Experience. Offerors may also address any adverse past performance issues.

Explanations shall not exceed two (2) double-sided pages (or four (4) single-sided pages) in total.

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the Offeror’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor.

Performance award or additional information submitted will not be considered.

(b) Basis of Evaluation:

This evaluation will consider how well the Offeror’s team performed on relevant projects submitted under Factor 1 – Experience and may also consider past performance on other projects currently documented in known sources.

The Government will consider the recency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the Offeror’s team’s past performance will be used as a means of evaluating the Offeror’s team’s probability to successfully meet the requirements of the RFP. The Government will consider the following:

- A pattern of successful completion of tasks;

- A pattern of deliverables that are timely and of good quality;

- How recently the tasks that are identical to, similar to or related to the task at hand were performed

The Offerors who provides evidence of the three items above, will receive a rating of ACCEPTABLE.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability “unknown” shall be considered “ACCEPTABLE ”.

(3) Factor 3, Safety:

Solicitation Submittal Requirements: The Offeror shall submit the following information: (Only one safety narrative is required for a partnership or joint venture).

Describe the Offeror's technical approach to safety for its employees, as well as the plan that the Offeror will implement to evaluate and measure safety performance of potential subcontractors, as a part of the selection process for all levels of subcontractors. If subcontractors will not be used, the Offeror shall provide a statement to that effect.

Also, describe any innovative methods that the Offeror will employ to ensure and monitor safe work practices at all subcontractor levels. The Safety Narrative shall be limited to two (2) pages; pages in excess of the limit will not be evaluated.

(b) Basis of Evaluation for Factor 3:

The Government is seeking to determine that the Offeror has consistently demonstrated a commitment to safety and that the Offeror plans to properly manage and implement safety procedures for itself and its subcontractors if any will be used. The Government will evaluate the Offeror's overall safety record, the Offeror's plan to select and monitor subcontractors, if used, and any innovative safety methods that the Offeror plans to implement for this procurement. The Government's sources of information for evaluating safety may include, but are not limited to, Government agencies, OSHA, NAVFAC's Facility Accident and Incident Reporting (FAIR) and Contractor Incident Reporting System (CIRS) databases, and other related resources. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete safety information regarding these submittal requirements rests with the Offeror. The evaluation will collectively consider the following:

- Offeror's Technical Approach for Safety

- Other sources of information available to the Government

Regarding subcontractors, the Government will evaluate the narrative to determine the degree to which subcontractor safety performance will be considered in the selection of all levels of subcontractors on the upcoming project, unless the Offeror provides a statement that no subcontractors will be used. The Offerors who provide evidence of their overall positive safety record on past projects, the Offeror's plan to select and monitor subcontractors, if used, and any innovative safety methods that the Offeror plans to implement for this procurement, will receive an Acceptable rating.

II. BASIS OF AWARD

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the offeror submitting the lowest priced, technically acceptable offer.

2. As stated in the solicitation, the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

3. Lowest Price Technically Acceptable (LPTA) source selection process (FAR 15.101-2) is where the government determines that the lowest price is awardable over the complaint technical offering of all proposals.

LPTA is appropriate only when the government “expects” it can achieve the best value from selecting the proposal that is technically acceptable and offers the lowest evaluated price. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest fair and reasonable evaluated price.

4. An overall non-price factors rating must be “ACCEPTABLE” in order to be eligible for award. An “UNACCEPTABLE” rating in any factor results in the overall non-price factors proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factors rating of “UNACCEPTABLE” makes a proposal ineligible for award.

III. REQUIREMENTS FOR OFFERORS

It is the responsibility of the offeror to register and obtain the following:

Commercial and Governmental Entity (CAGE) Code for U.S. firms NATO Commercial and Governmental Entity (NCAGE) Code for non U.S. firms.

(https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx) System for Award Management (SAM) registration to include a Unique Entity Identifier Code.

(https://www.sam.gov/SAM/) **Please contact the Federal Service Help Desk at https://www.fsd.gov/app/sam/ if you have any questions during the registration process**

ENGLISH SPEAKING REPRESENTATIVE

At all times when any performance of the work at the site is being conducted by any employee of the Contractor, the Contractor shall have a representative present on the site that is capable of explaining the work operations and receiving instruction in the English language. The Contracting Officer shall have the right to determine without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contactor shall immediately replace any individual not acceptable to the Contracting Officer.

2. JOINT VENTURE REQUIREMENTS

Joint Venture (JV) offerors shall provide with their proposal a notarized legal document that establishes the JV. The JV Agreement shall take effect upon the submission of the proposal and remain irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. Submission of the notarized legal document that establishes the JV shall be furnished with the proposal in its original language version along with a certified English translation of the notarized JV document. The Joint Venture MUST be formed and valid at the time of submission of the proposal. The offeror MUST include the CAGE code or NCAGE code and Unique Entity Identifier Code of the JV on their proposal. The validated notarized legal document MUST include language that each member of the JV will be jointly and severally liable for the performance of the whole contract and will be incorporated into the contract award if award is made to the JV.

(a) Name of firms that form the Joint Venture and the name of the Joint Venture

(b) Name and title of the corporate officials signing in behalf of each party

(c) Solicitation number

(d) Description of the responsibilities in terms of work category for each partner

(e) The statement "The composition and structure of the Joint Venture will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government.”

(f) Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.

(g) Statement under oath stating that the Joint Venture(JV) is in compliance at the time of proposal submission with all applicable laws, rules, and regulations. This statement MUST be signed under oath by all members comprising the Joint Venture.

The U.S. Government reserves the right to review the actual JV Agreement to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV and its potential liabilities in relation to the contract (bonds, insurance, etc.) will be sent to the Contracting Officer to provide notice of the same. Any change in the composition of the JV will require the JV to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer.

3. CERTIFICATIONS, LICENSES, PERMITS, FEES, ETC.

Offerors shall be responsible for determining and paying all fees associated with, and obtaining any required permits for proposed projects including, but not necessarily limited to permits for onsite and off-site hauling, demolition/disposal, storm water discharge, construction activity, temporary utilities, road improvements, communications, etc.

Offerors are responsible for acquiring any required professional certifications (licensing) as required by the country where the work is to be performed.

Offerors are responsible for complying with environmental laws, regulations and requirements.

All coordination with the local, regional, national authorities is the responsibility of the Offeror.

IV. ATTACHMENTS

Attachment 1: Specs and Drawings - (5) Separate documents Attachment 2: Pre-Proposal Inquiry Form Attachment 3: Construction Project Data Sheet Attachment 4: Past Performance Questionnaire

**PLEASE RE-READ AND FOLLOW ALL INSTRUCTIONS TO ENSURE YOUR

PROPOSAL INCLUDES ALL REQUIRED SUBMITTALS**

The following have been deleted:

INSTRUCTIONS TO OFFERORS

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been modified:

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) 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 or quoters are urged and expected to inspect the site where the work will be performed.

(b) PRE-PROPOSAL CONFERENCE AND SITE VISIT: An organized site visit has been scheduled for Monday, 15 May 2023 at 1300 CET. Prospective offerors shall identify attendees no later than 1300 CET on Monday, 08 May 2023 by providing the following information to Eric Dewit (eric.n.dewit.civ@army.mil): company name, company email, and participant's full name. In addition, participants that need to be escorted onto the base shall arrive at the meeting location identified below no later than 1230 CET and provide the following additional information:

nationality, date of birth, and identification card number. Whether or not an escort is required, each company is limited to two participants.

(c) Participants will meet at the Caserma Ederle main entrance visitor parking lot and will wait for direction from the Government representative. Site visit attendees will be required to provide their own transportation throughout the duration of the site visit. The Government will lead all attendees to the site, but will not provide transportation.

(d) Participants shall refrain from asking questions during the site-visit. All questions shall be submitted in writing on a PPI form and emailed to James Pabon, james.a.pabon2.civ@us.navy.mil no later than 18 May 2023, 1700 CET.

(End of provision)

(End of Summary of Changes)