N4019220R2700 RFP Documents.pdf

Solicitation No.

N40192-20-R-2700

HISTORICALLY UNDERUTILIZED BUSINESS

ZONE (HUBZONE)

DESIGN-BUILD MULTIPLE AWARD

CONSTRUCTION CONTRACT (DBMACC)

VARIOUS LOCATIONS, GUAM

Historically Underutilized Business Zone (HUBZone) Design-Build N40192-20-R-2700 Multiple Award Construction Contract (DBMACC), Various Locations, Guam

TABLE OF CONTENTS

PART 1 - PROPOSAL FORMS AND DOCUMENTS

Standard Form 1442 Solicitation, Offer, and Award Section 00 10 00 Solicitation Section 00 21 16 Instructions to Proposers and Solicitation Provisions Section 00 22 16 Supplementary Instructions to Proposers (Evaluation Factors for Award) Section 00 45 00 Representations and Certifications Section 00 70 00 Conditions of the Contract (Clauses) Section 00 73 00 Supplementary Conditions Section 00 73 01 Labor Requirements Section 00 73 03 Contract Type/Performance; Special Contract Requirements Section 00 73 02 Task Order Issuance Procedures

Exhibit A Construction & Design Experience Project Data Sheet Exhibit B NAVFAC Past Performance Questionnaire, Form PPQ-0 Attachment 1 Request for Information Form Attachment 2 Common Construction Prevailing Wage Rates for Guam

PART 2 - GENERAL REQUIREMENTS

Section 01 14 00 Work Restrictions Section 01 20 00.05 20 Price and Payment Procedures for Design-Build Section 01 30 00.05 20 Administrative Requirements for Design-Build Section 01 31 19.05 20 Post Award Meetings Section 01 31 23.13 20 Electronic Construction and Facility Support Contract Management System Section 01 32 17.00 20 Cost-Loaded Network Analysis Schedules (NAS) Section 01 33 00.05 20 Construction Submittal Procedures Section 01 33 10.05 20 Design Submittal Procedures Section 01 33 29.05 20 Sustainability Reporting for Design-Build Section 01 35 13.05 20 Special Project Procedures for Design-Build Section 01 35 26.05 20 Governmental Safety Requirements for Design-Build Section 01 45 00.05 20 Design and Construction Quality Control Section 01 45 35.05 20 Special Inspections for Design Build Section 01 50 00.05 20 Temporary Facilities and Controls for Design-Build Section 01 57 19 Temporary Environmental Controls Section 01 57 19.01 20 Supplemental Temporary Environmental Controls Joint Region Marianas

Explosive Safety Submission (JRM ESS) Section 01 74 19.05 20 Construction and Demolition Waste Management for Design-Build Section 01 78 00 Closeout Submittals Section 01 78 23 Operation and Maintenance Data Section 01 78 24.00 20 Facility Electronic Operation and Maintenance Support Information (eOMSI) Section 01 91 00.15 Total Building Commissioning

PART 3 - PROJECT PROGRAM

Seed Project Statement of Work to be provided in Phase Two

PART 4 - PERFORMANCE TECHNICAL SPECIFICATIONS

Section A10 Foundations Section A20 Basement Construction

Historically Underutilized Business Zone (HUBZone) Design-Build N40192-20-R-2700 Multiple Award Construction Contract (DBMACC), Various Locations, Guam

Section B10 Superstructure Section B20 Exterior Enclosure Section B30 Roofing Section B30a Forms Roofing System Components Section C10 Interior Construction Section C20 Stairs Section C30 Interior Finishes Section D10 Conveying Section D20 Plumbing Section D30 HVAC Section D40 Fire Protection Section D50 Electrical Section E10 Equipment Section E20 Furnishings Section F10 Special Construction Section F20 Selective Building Demolition Section G10 Site Preparation Section G20 Site Improvements Section G30 Site Civil / Mechanical Utilities Section G40 Site Electrical Utilities Section H10 Waterfront Structures Section H30 Coastal Protection Section H40 Navigation Dredging and Reclamation Section H50 Waterfront Utilities Section H60 Waterfront Demolition Section Z10 General Performance Technical Specifications

PART 5 - PRESCRIPTIVE SPECIFICATIONS

Not Used

PART 6 - ATTACHMENTS

6-1 DD 1155, Order for Supplies and Services (1 page) 6-2 Standard Form 30, Amendment of Solicitation / Modification of Contract (1 page) 6-3 QC Manager Duties, Authorities, and Sample Letter (5 Pages) 6-4 Contents of QC Plan (2 Pages) 6-5 Contractor Quality Control Report (2 Pages) 6-6 Sample QC Approval Checklist (2 Pages) 6-7 Contractor Production Report (3 Pages) 6-8 Preparatory Phase Checklist (2 Pages) 6-9 Initial Phase Checklist (2 Pages) 6-10 Testing Plan and Log (2 Pages) 6-11 Rework Items List (2 Pages) 6-12 Construction Contract Non-Compliance Notice (3 Pages) 6-13 Contractor Significant Incident Report (CSIR) (10 Pages) 6-14 Contractor Site Safety Assessment (3 Pages) 6-15 BOSC Scheduled Utility Outage Procedure (12 Pages) 6-16 Requesting and Paying for BOSC Utility Services (5 Pages) 6-17 DD 1354, Transfer and Acceptance of Military Real Property (2 Pages) 6-18 BOSC Utilities Excavation Permit Clearance Procedure (10 Pages) 6-19 AAFB Utility Outage Coordination Forms (3 Pages) 6-20 Project Identification Signboard Details (11 pages)

Solicitation No.

N40192-20-R-2700

HISTORICALLY UNDERUTILIZED BUSINESS

ZONE (HUBZONE)

DESIGN-BUILD MULTIPLE AWARD

CONSTRUCTION CONTRACT (DBMACC)

VARIOUS LOCATIONS, GUAM

PART 1

PROPOSAL FORMS AND DOCUMENTS

REQUEST FOR PROPOSAL N40192-20-R-2700 – HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZONE) DESIGN BUILD MULTIPLE

AWARD CONSTRUCTION CONTRACT (DBMACC), VARIOUS LOCATIONS, GUAM

The w ork to be acquired under this DBMACC is new construction, renovation/modernization, and routine repair/maintenance, by method of design build, at various federal or military facilities and installations on Guam. The w ork (tasks) w ill generally provide all design, labor, transportation, equipment, materials, tools, supplies, engineering, supervision, and administration services needed to complete the scope of w ork. A list of facility types are identif ied in the P-72 “Facility Category Codes” publication. The w ork shall also include sampling, testing, removal, and disposal of lead contaminated paint, asbestos and other hazardous materials. Occasionally w ork may be required at federal or military facilities and installations in the Northern Mariana Islands and the outlying Pacif ic islands.

PROPOSAL DOCUMENTS:

- Solicitation, Offer, and Aw ard (SF1442)

- Instructions to Offerors

- Representations and Certif ications

CONTRACT DOCUMENTS:

- Solicitation, Offer, and Aw ard (SF1442)

- Contract Clauses

- NAVFAC Specif ication 41-20-2700

TERESA F. AGUON 671-333-3171

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

10-Jul-2020

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________Each TaskOrder

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Aug 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

COMMANDING OFFICER - NAVFAC MARIANAS

MAR MCON

PSC 455, BOX 195

FPO AP 96540-2937

N40192

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

04:30 PM (hour) Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N4019220R2700 67

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N4019220R2700

Section 00 10 00 - Solicitation

SF1442 BLOCK 10 CONTINUATION

READ THE FOLLOWING IN CONJUNCTION WITH THE ACQUISITION REQUIREMENTS.

This procurement is restricted to HUBZone Small Business concerns.

NAICS: 236220 Commercial and Institutional Building Construction Size Standard: $39.5 million

Maximum dollar value, including all eight (8) years, for all contracts combined is $400 million.

Task Order Range is $250,000 to $10 million.

Minimum guarantee is $25,000.

Inquiries regarding the Request for Proposal (RFP) shall be submitted electronically using the Request for Information (RFI) form provided as Attachment 1 in this solicitation. The Point of Contact (POC) for inquiries is Teresa Aguon at (671) 333-3171, by email at Teresa.Aguon@fe.navy.mil. The Government does not intend to respond to inquiries submitted less than 10 days before the proposal receipt date.

ENFORCEABILITY OF PROPOSAL:

Items offered in the contractor’s proposal are binding on the contractor and shall be provided for the duration of the contract. Substitutions will require prior Contracting Officer’s approval and shall be equal or better, in the judgment of the Contracting Officer, than the items originally proposed.

PROPOSALS MUST SET FORTH FULL, ACCURATE, AND COMPLETE INFORMATION AS REQUIRED

BY THIS REQUEST FOR PROPOSAL (INCLUDING ATTACHMENTS). THE PENALTY FOR MAKING

FALSE STATEMENTS IN PROPOSALS IS PRESCRIBED IN 18 U.S.C. 1001.

THE GOVERNMENT INTENDS TO EVALUATE PROPOSALS AND AWARD WITHOUT DISCUSSIONS.

HOWEVER, THE GOVERNMENT RESERVES THE RIGHT TO CONDUCT DISCUSSIONS IF IT IS LATER

DETERMINED BY THE CONTRACTING OFFICER TO BE NECESSARY. THEREFORE, EACH INITIAL

OFFER SHOULD CONTAIN THE BEST TERMS FROM A TECHNICAL AND PRICE STANDPOINT.

mailto:Teresa.Aguon@fe.navy.mil

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 400,000,000 Each HUBZone DBMACC, Various Locations, Guam

FFP

This is an Indefinite Delivery-Indefinite Quantity (IDIQ) Design Build Multiple Award Construction Contract (DBMACC) for a period of eight (8) years. A task order for the minimum guarantee will be issued concurrently with the award of the basic contract.

FOB: Destination

PSC CD: Z1AZ

MAX

NET AMT

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

1. GENERAL OVERVIEW OF MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC)

A MACC is a contract awarded from a single solicitation, and may result in award to multiple contractors. This procurement consists of one (1) solicitation with the intent to award 10 Indefinite Delivery Indefinite Quantity (IDIQ) type construction contracts to the Offerors whose proposals, conforming to the RFP, will be most advantageous to the Government resulting in the best value, price and non-price factors considered. Successful Offerors will compete for future work during the term of the contract. In accordance with Federal Acquisition Regulation (FAR) Subpart 36.3, this acquisition is based upon two-phase design-build selection procedures. Phase One will select the 15 most highly qualified Offerors to submit Phase Two proposals. In making the best value award decision after Phase Two, the Government will consider the evaluated ratings for Factors 2 through 5 and price.

2. INQUIRIES

Inquiries regarding the Request for Proposal (RFP) shall be submitted electronically using the Request for Information (RFI) form provided as Attachment (1). The Point of Contact (POC) for inquiries is Teresa Aguon at

(671) 333-3171, by email at teresa.aguon@fe.navy.mil. The Government does not intend to respond to inquiries submitted less than 10 days before the proposal receipt date.

3. PROPOSAL SUBMITTAL REQUIREMENTS

3.1 PROPOSAL FORMAT

Phase One proposals submitted in response to this solicitation shall be formatted as follows and furnished in the number of copies stated herein.

Phase One proposals shall be submitted in three ring binders or bound, with tabs or separators. Page limits, where stipulated, must be adhered to (page refers to one printed side of a piece of paper). Proposals shall be submitted on 8.5”x11” paper, using standard margins and no less than 10 pitch font, utilizing both sides of the paper. Proposals may include larger size 11”x17” paper for the organizational chart in Factor 1. The format for the proposal follows in paragraphs 3.2 and 3.3 of this section. A cover letter shall accompany the Phase One proposal.

The cover letter shall include —

a. The solicitation number;

b. The name, address, telephone and facsimile numbers, and e-mail addresses of the Offeror;

c. The DUNS Number, CAGE Code, and Tax Identification Number (TIN) of the Offeror;

d. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

e. Names, titles, phone and facsimile numbers, and email addresses of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation and;

f. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

i. Individuals. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words “an individual doing business as [insert name of firm].”

ii. Partnerships. A contract with a partnership shall be signed in the partnership name.

mailto:teresa.aguon@fe.navy.mil

iii. Corporations. A contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign.

iv. Joint Ventures. A contract with a joint venture may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant.

v. Agents. When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) above, the agent’s authorization to bind the principal must be established by evidence satisfactory to the Contracting Officer.

3.2 PROPOSAL PARTS

Phase One proposals submitted in response to this solicitation shall contain the following parts:

COVER LETTER

RFP PART 1 DOCUMENTS

Standard Form SF1442 (Solicitation, Offer, and Award) with Blocks 14 through 20c completed.

Representations and Certifications – Completed Section 00 45 00 of the RFP and the Online Representations and Certifications via the System for Award Management (SAM) website.

INFORMATION REQUIRED BY EVALUATION FACTORS

Tab 1: Factor 1, Technical Approach (Narrative, Organizational Chart, and Legally Binding Agreement or Letter of Commitment)

Tab 2: Factor 2, Experience (Exhibit A) Tab 3: Factor 3, Past Performance (Exhibit B and/or CPARS Evaluations)

Offerors are asked to submit only the information/exhibits required. Do not submit any additional information such as brochures or other pre-printed materials.

3.3 PROPOSAL SUBMISSION

Phase One proposals in response to this RFP must be submitted in the format and number of copies as follows:

i. One (1) original Phase One Proposal

ii. Four (4) copies of the Phase One Proposal

iii. One (1) electronic copy of the Phase One Proposal in Adobe Acrobat PDF format provided on compact disc (CD)

The Offeror is responsible for ensuring that all original paper and electronic copies are identical. Should there be a discrepancy between the paper and electronic versions, the paper copy shall govern.

Proposals must be received by this office no later than the date and time stated in Block 13 of the SF1442. Offerors should address all evaluation factors and shall submit the Phase One proposal to the following address:

Naval Facilities Engineering Command Marianas Attention: Teresa F. Aguon Bldg 4175, 2nd Floor, Room A206 Pedro LG Roberto Drive, Apra Heights, Santa Rita, Guam 96915

PROPOSALS MUST BE RECEIVED AND DATE/TIME STAMPED BY THE CONTRACTING OFFICER

ON OR BEFORE THE DATE AND TIME SPECIFIED IN THE RFP. LATE SUBMITTALS WILL NOT

BE CONSIDERED UNLESS IT MEETS THE REQUIREMENTS IN FAR 52.215-1 INSTRUCTIONS TO

OFFERORS – COMPETITIVE ACQUISITION.

Phase One proposal must be clearly marked on the outside of the package with the solicitation number.

4. PRE-PROPOSAL SITE VISIT

a. Offerors selected to submit Phase Two proposals will be invited to a one-time pre-proposal site visit of the seed project location. This site visit is to provide Offerors with an opportunity to familiarize them with the jobsite and conditions to be encountered and is not for the purpose of answering questions.

b. Failure of a prospective Offeror to submit any written questions or to attend the pre-proposal site visit will be construed to mean that the Offeror fully understands all requirements of the solicitation. Prospective Offerors are advised that the pre-proposal site visit will be held solely for the purpose of explaining the concepts involved in the project and the specifications, terms, and conditions of this solicitation.

c. No minutes of this meeting will be issued. All prospective Offerors are advised that this solicitation will remain unchanged unless it is amended in writing. However, if an amendment is issued, normal procedures relating to the acknowledgment and receipt of any such amendment as described in Contract Clause “Amendment to Solicitations” of this section shall be applicable.

5. JOINT VENTURE, LIMITED LIABILITY COMPANIES AND LIMITED PARTNERSHIP

a. 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 online representations and certifications for each joint venture member as well as for the joint venture itself.

b. Joint Ventures and Limited Liability Companies and Limited Partnerships shall submit the following additional documentation regarding their business entities:

i. A copy of the JV, LLC, or LTD agreement.

ii. A detailed statement outlining the following in terms of percentages where appropriate:

1. The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

2. The management approach in terms of who will conduct, direct, supervise, and control.

3. The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

4. Identify (by name and title) the personnel having the authority to legally bind the partners/parties

(including authority to execute the contract documents and bonds).

iii. A list of partners/parties, to include company name, DUNS and CAGE Numbers, Address, Point of

Contact, e-mail address, phone number and facsimile number

6. SYSTEM FOR AWARD MANAGEMENT REGISTRATION

The implementation of the System for Award Management (SAM), among other changes, brings together the capabilities of the former Central Contractor Registration (CCR) and Online Representations and Certifications Application (ORCA).

Firms offering a response to this notice should ensure that they are registered in the System for Award Management (SAM) database (https://www.sam.gov), and complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) subpart 4.1202 and Defense FAR Supplement (DFARS) subpart 204.1202. Firms shall also ensure to obtain a registered DUNS number prior to award.

NOTE: CONTRACTORS MUST COMPLETE BOTH THE FAR AND DFARS REPRESENTATIONS AND

CERTIFICATIONS ON THE SAM WEBSITE. CONTRACTORS ARE PROVIDED ACCESS TO THE

DFARS PROVISIONS ONLY WHEN THEY ANSWER AFFIRMATIVELY THAT THEY WOULD LIKE

TO DO BUSINESS WITH THE DEPARTMENT OF DEFENSE. Contractors are advised that both FAR and DFARS provisions must be listed on their SAM record in order to participate in this solicitation.

7. FEDERAL CONTRACTOR PROGRAM

In accordance with Federal Acquisition Regulation (FAR) 22.1303, any contractor or subcontractor with a contract of $100,000 or more with the Federal Government must take affirmative action to employ, and advance in employment, qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based on their disability or veteran’s status.

Companies must file an annual VETS-4212 report, which shows the number of targeted veterans in their workforce by job category, hiring location, and number of new hires, including targeted veterans hired during the reporting period and the maximum number and minimum number of employees of such contractor during the period covered by the report. Instructions, information and follow-up assistance is provided at the VETS- 100 Internet site at http://www.dol.gov/vets/vets4212.htm or employers may contact the VETS-4212 Processing Center at (866) 237-0275 or e-mail at VETS4212-customersupport@dol.gov. A contract cannot be awarded to a contractor that has not submitted a required annual form VETS-4212, Federal Contractor Veterans' Employment Report (VETS-4212 Report) if subject to the reporting requirements of 38 U.S.C. 4212(d) for that fiscal year.

8. INCURRED EXPENSES

The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

9. PRE-AWARD SURVEY/RESPONSIBILITY DETERMINATION

This pre-award survey/responsibility determination is not part of the technical evaluation. FAR subpart 9.104 requires prospective contractors to demonstrate that they have adequate financial resources to perform the contract or the ability to obtain them; capability to comply with the required performance schedule; satisfactory performance record; and be otherwise eligible to receive an award under applicable laws and regulations. This is notice that the Contracting Officer may request Offerors submit the following information for review and determination prior to award:

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

b. Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the Offeror plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For joint ventures discuss the financial responsibilities among companies and provide the same information for each partner.

c. Newly-formed entities (e.g. limited liability companies (LLC)), limited partnerships (LTD) and newly created corporate subsidiaries) that are the entity liable on the contract ordinarily have no record or an insufficient record of relevant experience, past performance, and financial capability to support a responsibility determination. In such cases, the Offeror may rely on the resources of the LLC member, parent, limited partner, or other entities related to the Offeror for responsibility purposes where the offer submits a guaranty from the entity providing the resources.

d. A list of existing commercial and government business commitments to include contract numbers, names of Contracting Officers, telephone numbers, value of contract, completion date and percent complete. If the list of existing commitments is extensive, provide the required information on at least five projects of similar dollar value and a summary of the existing commitments to include number of contracts, total dollar value of all contracts, and total dollar value of work remaining.

mailto:VETS4212-customersupport@dol.gov

10. TERRITORY OF GUAM NOTICE CONCERNING TAXES, LICENSES, WITHHOLDINGS

(NOTE: The information in this Notice to Bidders is provided by the Government of Guam, Department of Revenue and Taxation. Any questions concerning applicability or interpretation should be directed to that Agency at 1240 Army Drive, Barrigada, Guam 96913. Business registration with the Government of Guam is not considered in determining contractor responsiveness or responsibility. Bidders attention is directed to FAR Clause 52.236-7 in the solicitation entitled “PERMITS AND RESPONSIBILITIES”.)

a. All persons engaging in business in Guam must be licensed to do so by the Government of Guam prior to commencement of business in Guam. Engaging in business includes, but is not limited to, services provided by contractors. Applications for business licenses shall be made to the Department of Revenue and Taxation, License and Registration Branch.

b. All corporations, domestic (created under the laws of Guam) or foreign (not created under the laws of Guam) must register with the Department of Revenue and Taxation, License and Registration Branch.

c. Any person engaging in business on Guam must file monthly Business Privilege Tax returns with the Department of Revenue and Taxation.

d. All corporations with the Guam source of funds must file income tax returns to the Department of Revenue and Taxation on the prescribed forms.

e. All employers must deposit wage withholdings from their employees to the Treasurer of Guam. Guam Depository Receipts, as well as Quarterly Withholding Statements are required to be filed with the Department of Revenue and Taxation in the same manner as similar returns and statements required to be filed with the U.S. Internal Revenue Service.

f. Failure to comply with the above may result in criminal or civil penalties as provided by law.

SOLICITATION PROVISIONS

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.216-27 Single or Multiple Awards OCT 1995 52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-5 Authorized Deviations In Provisions APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be * DX rated order; * DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

*DX/DO ratings are defined on a per task order basis.

(End of provision) https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision--

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

“In writing or written” means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show--

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, or revision, of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall--

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the

Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. 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.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Indefinite Delivery Indefinite Quantity contract resulting from this solicitation.

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,” and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is Guam.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the total proposed price for the seed project or $3 million, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may…