N4008418R2001_Amendment_0004.pdf
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- Solicitation number
- N4008418R2001
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This document provides an amendment to the solicitation for an Indefinite Delivery/Indefinite Quantity Multiple Award Construction Contract for Various U.S. Government Installations in Okinawa, Japan. The amendment revises the evaluation factors for award and provides government responses to offeror inquiries. Key changes include revising the definition of a relevant project for corporate experience, modifying submittal requirements and the basis of evaluation for corporate experience and safety factors, and adjusting the response date for proposals to August 31, 2018. The amendment also provides responses to four questions from offerors related to requirements for using the government eCMS system, contractor laptop specifications, registering Japanese sureties, and whether bid guarantees will be required for subsequent task order solicitations.
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ACQR5433123
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
N40084-18-R-2001 Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Aw ard Construction Contract for Small Magnitude Size Design-Bid-Build (DBB) Requirements (Mini-MACC) for Various U.S. Government Installations, Okinaw a, Japan--AMENDMENT 00004
See continuation sheet for description of this amendment.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 20
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 23-Aug-2018
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 N4008418R2001
X 9B. DATED (SEE ITEM 11)
06-Jul-2018
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
23-Aug-2018
CODE
NAVFAC FAR EAST
FEAD CAMP BUTLER
UNIT 35006
FPO AP 96373-5006
N40084 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
N4008418R2001
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 0004
Solicitation No. N40084-18-R-2001 Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Construction Contract for Small Magnitude Size Design-Bid-Build (DBB) Requirements (Mini-MACC) for Various U.S.
Government Installations, Okinawa, Japan.
The purpose of this amendment is to provide some revision to the evaluation factors for award and Government responses to the pending inquiries from offerors.
1. Following are revised as follows:
C. EVALUATION FACTORS FOR AWARD; under
i. 2. Basis of Evaluation and Submittal Requirements for Each Factor.
(b) Technical Factors: DEFINITION OF A RELEVANT PROJECT
ii. (1) Factor 1, Corporate Experience (ii) a., d., and (ii) Basis of Evauation:
Please see attachement 01, conformed copy for the actual changes.
2. Responses to the Pre-Proposal Inquiries received as shown below.
Ques No.
Reference (Sect/Para/Page)
QUESTION GOVERNMENT RESPONSE
1 Contract Requirements Section 01 31
23.13 20, Page 35 of 1164
Requirements instruct contractors to use government ëCMS for every requirement. To date, contractors have not been introduced or trained in eCMS use. Will training and instruction be provided to awardees after award?
Applicable to task order over $150K additional training maybe available after award. ECMS requirement will be defined by task order requirement.
2 Contract Requirements Section 01 31
23.13 20, Page 36 of 1164, part 1.4.3, Field Administration
Requires contractors to have a CAC Reader, built in camera, web browser, and cellular data capable laptop computer on each site for government use. Is this requirement an error for this “Mini-MACC” contract?
This requirement is required for task order over $150K. ECMS requirement will be defined by task order requirement.
3 Section 00 21 00, II. Instuctions, Conditions, and Notices to the Offeror, 5. Bid Guarantee and Bonding Requirements
Regarding the Japansese sureties (whether corporations, banks or individuals) are requested register with NAVFC Far East prior to issuing any bond. Q: We have submitted some performance bonds from our past contracts which has been issued from the bank. Whold we still need to register? if so, please advice us how to register.
If Japanese sureties has been registered with NAVFAC Far East, no additional registration required.
4 Solicitation P39 of 55, 52.228-1, “Bid Guarantee”
Solicitation require a “Bid Guarantee” for the Seed Project. Will Bid Guarantees be required for all subsequent Task Order solicitations, or will this be defined by Task Order requirement?
Bid Guarantees on subsequent Task Orders will be defined by task order requirements.
3. The required response date/time are JST.
4. Attachment 1: Conformed copy of solicitation N40084-18-R-2001.
5. All other terms and conditions of this solicitation remain unchanged.
SECTION 00 10 00 - SOLICITATION
The required response date/time has changed from 29-Aug-2018 10:00 AM to 31-Aug-2018 10:00 AM.
SECTION 00 21 00 - INSTRUCTIONS
The following have been modified:
INSTRUCTIONS TO OFFERORS
I. DESCRIPTION OF ACQUISITION
1. The Government intends to award up to five (5) Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Construction Contracts for Design-Bid-Build (DBB) Requirements (Mini-MACC) for Various U.S.
Government Installations, Okinawa, Japan. The contract term is five (5) year ordering period. The minimum guarantee is $2,500 per contract, except one will be awarded the seed project, which will also service as the minimum guarantee. Once the minimum guarantee has been met, the amount will be deobligated. The not-to-exceed amount for the life of all the contract awards combined is $49,000,000.
2. Projects (task orders) for the resulting IDIQ contracts from this solicitation may include construction, supervision, equipment, material, labor, and all incidental related services necessary for general building type projects (new construction, renovation, alteration, and repair of facilities and infrastructure, roofing, demolition, and routine renovations) including but not limited to, 1) marine facilities, 2) barracks and personnel housing facilities, 3) administrative facilities, 4) warehouses and supply facilities, 5) training facilities, 6) personnel support and service facilities, 7) security level facilities, 8) abatement and handling of hazardous/regulated materials (including and not limited to asbestos, lead paint, mold remediation, and PCB’s).
3. The proposed scope of work shall be specified in each task order and may include, but is not limited to, office renovation/modernization, equipment repair/replacement, plumbing repair/replacement, electrical work, carpentry work, site work, road pavement, fencing, roofing, painting, concrete work, masonry, removal and disposal of lead based paint and asbestos containing material, and routine repair/maintenance of Government facilities on Okinawa, Japan. Task Orders may be Design Bid Build (DBB) and may include detailed drawings, construction data and specifications, OR may be general Description of Work (DOW) type orders requiring the contractor to provide a technical solution in accordance with the issued Task Order and basic mini-MACC specifications for Various U.S. Government Installations, Okinawa, Japan. Refer to Standard Form (SF) 1442 Attachment (1), NAVFAC Specification: N40084-18-R-2001.
4. There is one (1) seed project for this solicitation, which will be awarded as a task order at the time of award of the IDIQ contracts. This task order shall serve as the minimum guarantee to the responsive, responsible contractor offering the lowest priced technically acceptable proposal for the seed project. The seed project is as follow:
DESCRIPTION OF WORK (DOW) REPLACE TWO (2) EA CHILLER UNITS AND
ASSOCIATED WORK AT BLDG. 5906, CAMP FOSTER, OKINAWA, JAPAN (WO#13018323 /
eProjects # 1607411), Standard Form (SF) 1442 Attachment (2).
a. The task order completion date is 31 March 2019.
b. MAGNITUDE OF CONSTRUCTION: In accordance with FAR 36.204, the Magnitude of
Construction is between both JPY27,834,125 and JPY55,668,250.
c. LIQUIDATED DAMAGES (LD): In accordance with the Liquidated Damages Table in the
Subpart 11.502 of Naval Facilities Acquisition Supplement (NFAS), the liquidated damage amount for this requirement is JPY20,000 per calendar day.
d. Proposed price shall include all the elements required to perform work specified, as per
Description of Work (DOW), Standard Form (SF) 1442 Attachment (2). Proposed price shall be valid for a minimum of 120 calendar days after proposal closing date. Offerors may provide equal to or greater than the minimum requirement of 120 calendar days.
e. Bid Guarantee in accordance with FAR 52.228-1.
f. The proposed price for SEED project shall be lump sum and in Japanese Yen. The contractor must submit a Cover Letter that shall include Solicitation Number, Project Title, Total Price JPY Amount, Price Validation Days, and Total Contract Duration.
II. INSTRUCTIONS, CONDITIONS, AND NOTICES TO THE OFFEROR
1. INCORPORATION OF PROPOSAL
The Contractor’s proposal, including revisions and amendments, made prior to contract award and a copy of which is in the possession of both parties, shall be incorporated into this contract upon award by reference with the same force and effect as if set forth in full text. In the event of an inconsistency between the provisions of this contract and the proposal, the inconsistency shall be resolved by giving precedence in the following order: (i) the contract (excluding the technical proposal) and then (ii) the proposal.
2. ENFORCEABILITY OF 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 the contract. By submissions of the offer, the Offeror agrees that all items proposed (e.g., key personnel, subcontractors, materials, design concept, etc.) will be utilized for the duration of the contract and any prior substitutions shalll require Contracting Officer’s approval.
3. FULL AND OPEN COMPETITION
This acquisition is solicited on an unrestricted basis using full and open competition.
4. RESPONSIBILITY DETERMINATION / PRE-AWARD SURVEY
FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract of 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 Government may conduct a pre-award survey of the offeror to determine whether such offeror is qualified and capable of performing the contract. The pre-award survey may involve examination of the offeror's financial and technical status and understanding of the contract requirements.
The followings are examples of the information that, upon request, the offerors shall be required to provide in writing to the pre-award survey team. Requested information shall be forwarded within three (3) days upon request or as indicated on the letter from the Contracting Officer. Failure to provide requested information, or a determination, after review of the information, of the offeror's non-responsibility, may result in rejection of the proposal.
i. Identification of the Contractor's personnel and management to be used on this contract.
ii. The Contractor's technical and management plans for performing required services.
iii. Description of Contractor's facilities and equipment.
iv. Summary of the Contractor's experience in performing work of the type required by this specification.
v. Current financial statements and data.
vi. Other work presently under contract.
vii. Prior contracts for similar work, and the names and addresses of individuals with the organization issuing the contract who ma y be contacted for information concerning the Contractor's performance.
viii. Contractor Quality Control plan for this contract.
5. BID GUARANTEE AND BONDING REQUIREMENTS
A bid guarantee and performance bond are required by this solicitation. See, FAR 52.228-1 and 52.228-15 and NFAS 5252.228-9305 for details. Corporations executing bid and performance bonds as sureties will be considered acceptable if they have received official approval to do so from the Ministry of Finance, Government of Japan, notwithstanding any requirement stated elsewhere that such corporations be approved by the U.S. Department of Treasury. Guarantees by Japanese banks executed on will also be accepted where authorized under Japanese banking laws. Individual sureties will only be permitted where the offeror proposing an individual to act as surety complies with FAR 52.228-11 herein and the Government, in its discretion, determines the individual surety to be acceptable for purposes of this procurement. Japanese sureties (whether corporations, banks or individuals) are requested to register with NAVFAC Far East prior to issuing any bond. Refer to FAR 52.228-1 for Government accepable forms of firm commitments.
The company name and address of Bid bond (SF24) and Performance Bond (SF25) should match with the company name and address on the bid form. Bond Company or Bank should register to the contracting office before they issue the bond. If they don’t register to the contracting office, their bond will be rejected. If the contractor wants to use the check for bond, the issue office should be Bank or financial (banking) institution. We cannot accept the check issue by the offerors.
Electronic copy of SF24 can be downloaded at below URL: http://www.gsa.gov/portal/forms/download/115982 Electronic copy of SF25 can be downloaded at below URL: http://www.gsa.gov/portal/forms/download/115986
6. SAM REGISTRATION
Contractors must be registered and have an active status in the System for Award Management (SAM) database to be eligible for award. For more information please go to https://www.sam.gov/.
Entities registering from outside the United States MUST contact the Federal Service Desk as a part of the registration process. The contact information is available at https://www.fsd.gov/.
7. REPRESENTATIONS AND CERTIFICATIONS
Offerors shall complete electronic annual Representations and Certifications in the System for Award Management (SAM) database at https://www.sam.gov/.
8. CONTRACTOR LICENSING REQUIREMENTS
Any contract resulting from this solicitation will be awarded and performed in its entirety in the country of Japan.
Contractors must be duly authorized to operate and conduct business in Japan and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the contract. Prior to award of any contract, offerors must be registered to do business and possess a construction license (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure and Transport, or prefectural government. Offerors will be required to provide verification on such construction license prior to award of any contract to the contracting officer if such information is not already on file with or available to the contracting officer.
Furthermore, the U.S. Government will not offer “United States Official Contractor” status under Article XIV of the U.S.-Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation; nor will the U.S. Government certify any employees of a contractor as “Members of the Civilian Component” under Article I(b) of the SOFA.
9. AMENDMENTS
Amendments will be posted to the website https://asia.neco.navy.mil/. Hard copies of the amendment will not be mailed. It is the offeror’s responsibility to check the website periodically for any amendments to the solicitation.
NOTE: Offerors must acknowledge any and all amendments issued under this solicitation either by annotating it on the SF1442 or signing each SF30 (amendment) and submitting it with the bid.
10. INCURRED EXPENSES
The Government is not responsible for any costs incurred or associated with preparation and submission of a bid in response to this solicitation.
11. NO ALTERNATE OR MULTIPLE BIDS
Neither a multiple bids, nor bid variations or options, nor alternate or alternative bids will be considered in the evaluation.
12. JOINT VENTURE OFFERORS
Joint venture offerors shall provide a copy of the joint venture agreement. The agreement shall include information that identifies the responsibilities for each entity under this contract, demonstrate the relationship between firms, and identify contractual relationships and authorities to bind each entity of the joint venture. The joint venture also needs to complete the representations and certifications for each joint venture member as well as for the joint venture itself. All bid documents shall include the name of the JV to be considered for evaluation.
NOTE 1: An offeror proposing as a joint venture also needs to complete the online representations and certifications for each joint venture member as well as for the joint venture entity itself.
NOTE 2: All submittals and any bonds or guarantees submitted with the bid must be in the name of the Joint Venture or else your bid may be determined to be ineligible for award. The Contracting Officer, at his/her discretion, may request additional information on the Joint Venture as needed in order to determine the offerors responsible and eligible for award.
13. OFFER CURRENCY
Offers shall be priced only in Japanese Yen.
14. PRE-PROPOSAL INQUIRIES
All questions concerning this solicitation shall be addressed to NAVFAC FE, FEAD Camp Butler, Chizuru Akamine at Chizuru.Akamine.JA@fe.navy.mil. Responses to inquiries will be provided in the form of an Amendment and posted to the https://asia.neco.navy.mil/ website. The end date for any question submittal shall be on or before Friday, 20 July 2018 at 10:00AM Japan Standard Time or as amended. Questions submitted after that time may not be answered. Please submit any questions to the Government using Standard Form (SF) 1442 Attachment (3), Questions and Answers form.
15. Exhibit/Attachments Table of Contents
Title Date Pages Attachment 1: DBB Mini-MACC 2018_12JUN2018 12JUN2018 #1164 Attachment 2: DOW 13018323 FOS 5906 13APR2018 #11 Attachment 3: Inquiry Form N4008418R2001 N/A #1 Attachment 4: Experience Project Data Sheet N/A #2 Attachment 5: Past Performance Questionnaire N/A #4 Attachment 6: 3 0 MCBJ GROUP ACCESS PASS N/A #1
ESCORTED
III. PROPOSAL SUBMISSION REQUIREMENTS
Proposals submitted in response to this solicitation shall be formatted as follows. A total of one (1) original, four
(4) hard copies and one (1) compact disk shall be furnished. The original proposal shall be marked as “Original” on the cover of the proposal. A cover letter shall accompany the proposal. Offers submitted in response to this solicitation shall be in English. The Price Proposal and Non-Price/Technical Proposal shall be submitted in separate volumes with a cover letter which shall include:
1. Solicitation Number
2. The Name, Address, Telephone and Facsimile Numbers, and Email Addresses of the offeror;
3. The Names, Titles, Telephone and Facsimile Numbers (and Email Address, if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and
4. The Name, Title, and Signature of person authorized to sign the proposal.
Proposals shall be submitted in two (2) or three (3) ring binders or bound, with tabs or separators. Page limits, if stipulated must be adhered to as indicated in each Evaluation Factor. Any pages exceeding the specified number indicated in each Evaluation Factor will not be evaluated. Proposals shall be submitted on size A4 paper or letter size (8.5” x 11” paper). The format for the proposal is as follows:
PROPOSAL OF THE SOLICITATION
Volume I
Cover Letter Table of Contents First two pages of the SF1442—with blocks 14 through 20C completed Signed Solicitation Amendments (if applicable) Completed Section 00 45 00 Representation and Certifications Joint Venture Agreement (if applicable) Price for SEED Project and Amendment Acknowledgement (if applicable) Bid Guarantee in accordance with FAR 52.228-1
Volume II
Tab 1: Factor 1, Corporate Experience (Ref: Attachment 04) Tab 2: Factor 2, Safety Tab 3: Factor 3, Past Performance (Ref: Attachment 05)
Representations and Certifications will not be rated. However, they will be considered in assessing the Offeror’s responsibility.
PROPOSAL SUBMISSION
Shall include Price Proposal and Non-Price/Technical Proposal. The technical proposal for FACTORS 1, 2, and 3, shall be submitted on or before Friday, 31 August 2018 at 10:00AM Japan Standard Time or as amended.
Proposals shall be in accordance with FAR 52.215-1 and requirements of this section. The sealed package should be marked in the bottom right corner “PROPOSAL SUBITTED UNDER RFP N40084-18-R-2001.
Offerors shall submit the proposal to the following address:
Naval Facilities Engineering Command Far East FEAD Camp Butler, Okinawa, Japan
Attention: Ms. Chizuru Akamine Bldg.331 FEAD Camp Butler Unit 35006, FPO AP 96373-5006
Only offers received by mail, base authorized courier, or base authorized contractor representative on or before the closing date and time specified in this solicitation or as amended will be considered. Electronic (E-mail, facsimile, etc.) submissions are NOT authorized.
IV. EVALAUTION FACTORS FOR AWARD
A. BASIS FOR AWARD
1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contracts; to negotiate with offerors in the competitive range; and to award a basic contract to up to five responsive, responsible offerors submitting the lowest priced, technically acceptable proposals. The seed project shall be awarded to the responsive, responsible contractor offering the lowest priced technically acceptable proposal for the seed project.
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. 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 evaluated price. The number of proposals to be evaluated for technical acceptability may be limited to a minimum of three and up to ten (10) lowest priced offers at the discretion of the contracting officer.
4. An overall non-price factors rating must be at least “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. Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions.
B. ADJECTIVAL RATINGS/DESCRIPTIONS
1. The following adjectival ratings and rating descriptions will be used each technical factor.
Table A-1. Technical Acceptable/Unacceptable Rating Method
Adjectival Rating Description
Acceptable (A) Proposal meets the minimum requirements of the solicitation.
Unacceptable (U) Proposal does not meet the minimum requirements of the solicitation.
Definitions
Weakness A flaw in the proposal that increases the risk of unsuccessful contract performance.
Significant Weakness
A flaw that appreciably increases the risk of unsuccessful contract performance.
Deficiency A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.
2. PAST PERFORMANCE EVALUATION
Table A-2. Past Performance Evaluation Rating
Adjectival Rating Description
Acceptable (A) Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.)
Unacceptable (U) Based on the offeror’s performance record, the Government does not have reasonable expectation that the offeror will be able to successfully perform the required effort.
C. EVALUATION FACTORS FOR AWARD
1. The solicitation requires the evaluation of price and the following non-price factors:
Factor 1 – Corporate Experience Factor 2 – Safety Factor 3 – Past Performance
The distinction between corporate experience and past performance is corporate 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.
2. Basis of Evaluation and Submittal Requirements for Each Factor.
(a) Price:
(1) Solicitation Submittal Requirements: The Offeror shall submit the following information in Volume I of the proposal.
(i) Standard Form (SF) 1442 (Solicitation, Offer and Award). Offeror shall complete blocks 14 through 20c, signed Amendments, if any. Offeror must complete blocks 15a, 15b, and 15c. Offeror must include the name and title of person authorized to sign the offer.
(ii) Lump sum price for the SEED Project referenced in Section 00 21 00- Solicitation
Contract Form. Offeror must sign and date the price sheet for the seed project. Offeror must include the name and title of person authorized to sign the offer.
(iii) Representations and Certifications – Offeror is to submit a conformed copy of Representations/Certifications in the System for Award Management (SAM).
(iv) Latest Financial Statement (Kessan Hohkoku sho).
(v) Joint Venture Agreement or Partnership Agreement (if applicable). The JV or
Partnership must be registered in the System for Award Management (SAM) database as the JV or Partnership. The SAM website is located at https://www.sam.gov. Failure to submit the Joint
Venture Agreement or Partnership Agreement may result in an Offeror’s proposal being rejected as non-responsible.
(vi) Bid Guarantee in accordance with FAR 52.228-1.
(vii) Letter from bonding agent or surety indicating single and aggregate bonding capacity for task order awards under this contract OR a letter from the Offeror, bonding agent, or surety documenting the Offeror’s inability to obtain bonding and reason(s) why. While bonding capacity is not required to be determined responsible IAW FAR 9.104, it will be considered as a part of the responsibility determination in order to ensure the Offeror is generally able to submit performance bonds, when required, for task orders issued to them within the Ordering Limitations identified in the IDIQ.
(viii) A copy of the Offeror’s construction license (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure and Transport and Tourism or prefectural government. The construction license will be considered as a part of the responsibility determination only in order to ensure the offeror is duly authorized to operate and conduct construction business in Japan.
(2) Basis of Evaluation: The Government will evaluate prices based on the total price for SEED Project. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:
(i) Comparison of proposed prices received in response to the RFP.
(ii) Comparison of proposed prices with the IGCE.
(iii) Comparison of proposed prices with available historical information.
(iv) Comparison of market survey results.
(b) Technical Factors:
DEFINITION OF A RELEVANT PROJECT: For purposes of this evaluation, a relevant project is defined as a project within Japan during the five (5) years prior to the date of issuance of this solicitation that is a Design Bid Build (DBB) or Description of Work (DOW) or Statement of Work (SOW) project in amount of ¥5,000,000 or more, and that includes three (3) or more of the following work categories: 1) building construction; 2) building renovations; 3) building repairs; 4) architectural, mechanical, electrical and/or civil works in support of shore-based facilities; 5) built-in equipment repair, maintenance, or installation; 6) facility sustainment, restoration/ modernization; 7) new footprint and/or demolition; 8) installation and/or repair of road pavement; 9) installation and/or repair of fencing; 10) installation and/or repair of fire suppression systems; 11) installation and/or repair of HVAC systems; 12) installation and/or repair of renewable energy source technologies; 13) installation and/or repair of advanced metering systems; 14) the removal and disposal of lead based paint; 15) the removal and disposal of asbestos containing materials; 16) the installation, repair and optimizing of operations of shore-based equipment; 17) the network integration of building automation and control equipment; 18) pier maintenance work; 19) minor dredging work associated with construction, repair, or maintenance of a waterfront facility or structure.
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.
(1) Factor 1, Corporate Experience:
(i) This factor involves an assessment of the Offeror's experience, in terms of relevancy, as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP.
(ii) Solicitation Submittal Requirements: The Offeror shall submit the following information in Volume II, Tab 1 of the proposal:
a. The Offeror shall submit a minimum of five (5) and a maximum of eight (8) projects that demonstrate the Offeror's experience that meet the DEFINITION OF A RELEVANT PROJECT.
b. The attached Construction Experience Project Data Sheet (Attachment 04 -DBB) 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).
c. 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).
d. If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity or the Joint Venture partners. Offerors are still limited to a total of a minimum of five (5) and maximum of eight (8) projects combined. In addition, the offeror needs to provide a copy of the joint-venture agreement.
e. Offerors failing to provide projects from each and all joint venture partners and a copy of the joint-venture agreement will be considered to have not met the requirements of the factor and shall be rated Unacceptable.
f. 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 in order for the past performance information of the affiliate/subsidiary/parent/LLC/LTD member companies to be considered. The proposal shall state specific commitments of technical resources (e.g. personnel, 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. Any projects submitted in excess of the eight (8) will not be considered.
(ii) Basis of Evaluation: The Government is seeking to determine that the offeror has demonstrated the capability of performing the requirements specified in the RFP.
An offeror will be rated “Acceptable” if an offeror’s submittal for “Corporate Experience” contains five (5) or more projects that demonstrate the Offeror's experience that meet the DEFINITION OF A RELEVANT PROJECT.
An offeror will be rated “Unacceptable” if an offeror’s submittal for “Corporate Experience” fails to meet the requirements to be rated “Acceptable” as identified above.
A proposal receiving an “Unacceptable” evaluation rating for Factor 1 will be ineligible for award.
(2) Factor 2, Safety:
(i) Solicitation Submittal Requirements: The Offeror shall submit the following information in Volume II, Tab 2 of the proposal. (For a partnership or joint venture, only one safety narrative is required.)
Technical Approach for Safety: Offeror shall submit a narrative which describes in detail the following:
a. The offeror’s plan for safety that will be implemented to evaluate safety performance of potential subcontractors as part of the selection process for all levels of subcontractors;
b. The offeror shall submit a narrative that fully describes the safety management system that they will use to oversee the safety compliance and performance of self-performed and subcontractor performed work;
c. The offeror's narrative shall describe any innovative methods that will be employed to ensure and monitor safe work practices at self-performed and/or all subcontractor levels (desired not required); and
d. The offeror's narrative shall describe their methodology to execute an effective program that facilitates sound mishap prevention techniques and processes, employee reporting of unsafe conditions, unsafe activities, and near-miss mishaps.
The technical approach to safety narrative shall be limited to four (4) pages.
(ii) Basis of Evaluation: The Government is seeking to determine that the offeror has demonstrated a commitment to safety and that the offeror plans to properly manage and implement safety procedures for itself and its subcontractors.
An offeror will be rated “Acceptable” if the content of the offeror’s submittal for “Safety” demonstrates in detail the following:
a. The offeror’s plan for safety that will be implemented to evaluate safety performance of potential subcontractors as part of the selection process for all levels of subcontractors;
b. The offeror shall submit a narrative that fully describes the safety management system that they will use to oversee the safety compliance and performance of self-performed and subcontractor performed work;
c. The offeror's narrative shall describe any innovative methods that will be employed to ensure and monitor safe work practices at self-performed and/or all subcontractor levels; and
d. The offeror's narrative shall describe their methodology to execute an effective program that facilitates sound mishap prevention techniques and processes, employee reporting of unsafe conditions, unsafe activities, and near-miss mishaps.
An offeror will be rated “Unacceptable” if an offeror’s submittal for “Safety” fails to meet the requirements to be rated “Acceptable” as identified above.
A proposal receiving an “Unacceptable” evaluation rating for Factor 2 - Safety will be ineligible for award.
(c) Past Performance
(1) Factor 3, Past Performance:
(i) Solicitation Submittal Requirements: The Offeror shall submit the following information in Volume II, Tab 3 of the proposal. Offerors shall clearly demonstrate a history of performance on contracts/projects that demonstrates experience in performing work similar to that described in the DEFINITION OF A RELEVANT PROJECT shown above. If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 1 for construction experience. AN OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS IS AVAILABLE.
If there is not a completed CPARS evaluation then submit Past Performance Questionnaires (Attachment 05) for each project included in Factor 1 for Construction Experience.
The Offeror should provide completed Past Performance Questionnaires (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, Ms. Chizuru Akamine at chizuru.akamine.ja@fe.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 of adverse past performance issues 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.
In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.
While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.
(ii) Basis of Evaluation: The Government is seeking to determine if the offeror has relevant and recent past performance information that pertain to the services outlined in the solicitation. The past performance evaluation results is an assessment of the Offeror’s probability of meeting the solicitation requirements.
The evaluation will consider how well the Offeror performed on recent and relevant projects submitted under Factor 1 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 evaluate the degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance considering:
- A pattern of successful completion of tasks;
- A pattern of deliverables that are timely and of good quality;
- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.);
- Recency of tasks performed that are identical to, similar to, or related to the task at hand.
An offeror will be rated “Acceptable” if an offeror’s “Past Performance” information demonstrates: (1) An overall rating of at least Satisfactory or better on the Past Performance Questionnaires, Attachment C of this RFP, (2) and overall rating of Satisfactory or better in the CPARS or other DOD or Government appraisal systems, or (3) Past Performance Evaluations from telephone interviews of Satisfactory or better.
An offeror will be rated “Unacceptable” if an offeror’s submittal for “Past Performance” fails to meet the requirements to be rated “Acceptable” as identified above.
NOTE: 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 (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/ unacceptability a neutral rating shall be considered “acceptable.”
A proposal receiving an “Unacceptable” evaluation rating for Factor 3 – Past Performance will be ineligible for award.
SECTION 00 70 00 - CONDITIONS OF THE CONTRACT
The following have been modified:
SECTION 00 70 00
PERFORMANCE/SPECIAL CONTRACT REQUIREMENTS
1. DESCRIPTION OF WORK
Projects (task orders) for the resulting IDIQ contracts from this solicitation may include construction, supervision, equipment, material, labor, and all incidental related services necessary for general building type projects (new construction, renovation, alteration, and repair of facilities and infrastructure, roofing, demolition, and routine renovations) including but not limited to, 1) marine facilities, 2) barracks and personnel housing facilities, 3) administrative facilities, 4) warehouses and supply facilities, 5) training facilities, 6) personnel support and service facilities, 7) security level facilities, 8) abatement and handling of hazardous/regulated materials (including and not limited to asbestos, lead paint, mold remediation, and PCB’s).
2. PLACE OF PERFORMANCE
The place of performance will be specified on each individual task order.
3. PROPOSAL PREPARATION COSTS
The costs for preparation of task order proposals, if required under this contract, shall be the responsibility of the contractor and are not directly reimbursable. Each task order awarded will include, at a minimum, all labor wages, management, supervision, mobilization/demobilization (if applicable), material, and equipment costs. The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design, if applicable, and all other associated costs necessary to fulfill the requirements of the task order.
4. TASK ORDER PERFORMANCE PERIOD
FAR Clause 52.211-10, Commencement, Prosecution, and Completion of Work, will be incorporated into each Task Order identifying the construction schedule. The Government reserves the right to negotiate a Task Order’s performance period if determined to be in the best interest of the Government.
5. LIQUIDATED DAMAGES
FAR Clause 52.211-12, Liquidated Damages – Construction, will be incorporated into the resultant Task Order identifying the liquidated damages rate applicable to that Task Order.
6. PREAWARD SITE INSPECTIONS
FAR Clause 52.236-27, Site Visit (Construction), shall be incorporated into the resultant Task Order when applicable.
7. PERFORMANCE EVALUATIONS
The Contracting Officer’s Representative (COR) will complete a contractor’s performance evaluation for input into the Contractor Performance Assessment Reporting System (CPARS) database. The evaluation will take into account all aspects of the contractor’s performance. Interim performance evaluations may be completed at any time the contractor’s performance is considered less than satisfactory or to provide feedback on the design portion of a design-build Task Order. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The negative performance evaluations will have an impact on the award of future Task Orders. The contractor shall request a performance evaluation prior to final invoice and closeout to keep for future proposal submissions.
Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.csd.disa.mil/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.
Each Contractor is required to submit a good faith proposal for Proposed Task Orders (PTOs) within the ordering limitation specified in FAR 52.216-19. Contractors are not obligated to propose on Task Orders where the magnitude of construction is outside the ordering limitation; however, they are required to contact the Contracting Officer within two days of notification if they cannot participate in the walk through or submit an offer. Failure to provide this notification and a valid justification may impact the Contractor’s performance and evaluation under the
MACC.
8. NOTICE
UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING IN ANY OF THE
FOLLOWING CONCERNING THIS SOLICITATION/CONTRACT:
BID RIGGING PRICE FIXING
COLLUSIVE BIDDING
BID ROTATION OFFERING
GRATUTIES OFFERING OR
RECEIVING KICK-BACKS
THE PRICES IN YOUR OFFER MUST BE ARRIVED AT INDEPENDENTLY WITHOUT ANY
CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR
COMPETITOR. YOUR OFFER CANNOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY TO ANY
OTHER OFFEROR OR COMPETITOR BEFORE BID OPENING.
IT IS ALSO UNLAWFUL FOR YOU TO INDUCE ANY OTHER COMPANY TO, OR ALLOW ANOTHER
COMPANY TO INDCUE YOU TO SUBMIT OR NOT SUBMIT AN OFFER FOR THE PURPOSE OF
RESTRICTING COMPETITION.
ALL OF THE ABOVE ACTS ARE ACTS OF DISHONESTY UNDER UNITED STATES LAWS AND
REGULATIONS AND ARE FORBIDDEN.
PENAL TIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY
UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECOUPMENT
OF PRIOR MONIES PAID.
9. CONCILIATION
a. Any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the U.S.-Japan Joint Committee for Conciliation in accordance with paragraph 10, Article XVIII, of the Status of Forces Agreement under Article VI, of the Treaty of Mutual Cooperation and Security between Japan and the United States of America.
b. Recourse to the Joint Committee for Conciliation for resolving disputes is available in addition to the procedures set forth in the Contract Disputes Act of 1978 and the Disputes Clause of this contract, 52.233-1.
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