N4019222R2012_RFP_Part_A_Proposal_Forms_and_Documents.pdf

Solicitation No.

N4019222R2012

FY22 MILITARY CONSTRUCTION P-052

NATIONAL GUARD READINESS CENTER

BARRIGADA, GUAM

FY22 MILCON PROJECT P-052 National Guard Readiness Center N4019222R2012 Barrigada, Guam

REQUEST FOR PROPOSAL DOCUMENTS

Table of Contents

Part A PROPOSAL FORMS AND DOCUMENTS

Standard Form 1442 Solicitation, Offer, and Award Section 00 10 00 Solicitation Section 00 21 16 Instructions to Proposers 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 (Contract Clauses) Section 00 73 00 Supplementary Conditions (Labor Requirements) Exhibit A Construction Experience Project Data Sheet Exhibit B Past Performance Questionnaire (Form PPQ-0) Exhibit C Small Business Subcontracting Record Exhibit D Small Business Participation and Commitment Strategy Attachment 1 Request for Information Form Attachment 2 Notice of Prevailing Wage Rates

Part B SPECIFICATIONS / PROJECT PROGRAM (Separate File)

PART 2 - SPECIFICATIONS

Section 01 57 19 03 20 - Supplemental Temporary Environmental Controls

Annex A-XX Munitions Response Explosives Safety Submission Guam Construction Support (Amendment 7)

PART 3 – PROJECT PROGRAM

1. Project Description

2. Project Objectives

3. Site Analysis

4. Building Requirements

5. Room Requirements

6. Engineering System Requirements

Part C DRAWINGS (Separate File)

Part 6 –Drawings

Solicitation No.

FY22 MILITARY CONSTRUCTION P-052

NATIONAL GUARD READINESS CENTER

PART A

PROPOSAL FORMS AND DOCUMENTS

REQUEST FOR PROPOSAL (RFP) N4019222R2012 – FY22 MILCON PROJECT P-052 NATIONAL GUARD READINESS CENTER, BARRIGADA GUAM

DESCRIPTION OF WORK:

This is a design-build project to design and construct a 36,139 SF National Guard Readiness Center for the 1224th Engineer Support Company (ESC) and the 1-244 Aviation Regiment (AVN), w hich w ill support training, administrative, and logistical requirements of the Guam Army National Guard (GUARNG). The supporting development includes utilities, a backup emergency generator, paved parking, and other necessary site improvements. Function areas include: ESC Administrative, Arms Vaults and Cages, Classrooms, Unit Locks.

THIS REQUIREMENT IS UNRESTRICTED.

North American Industry Classif ication System Code is 236220, Commercial and Institutional Building Construction; Size Standard: $39.5 million

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

- General Requirements, Project Requirement & Draw ings

JUVEE A. PANGELINAN 671-339-8098

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

22-Apr-2022

(RFP)

(IFB)

X

CALL:

FY22 MILCON National Guard Readiness Center, Barrigada, Guam

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 _______15 calendar days and complete it w ithin ________880 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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 __________3 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________07 Jun 2022 (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 of fers 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 CORE DC

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.

P-052

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

FAX:TEL: TEL: FAX:

N4019222R2012 61

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

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TOTAL BASE BID

FFP

Total price of Base Bid SubCLINs (SLINs) 000101 though 000102 for the entire work to provide all necessary labor, material, transportation, supervision, equipment, and other incidental work required for the construction of the National Guard Readiness Center and appurtenances with the drawings and project requirement for WON 1674991 FY22 MILCON PROJECT P-052 National Guard Readiness Center; Barrigada, Guam, except for work described in CLINs 0002 through 0007.

FOB: Destination

NET AMT

000101 BASE BID ITEM: NG Readiness Center

FFP

The basis for SLIN 000101 is the price for all work complete in accordance with the project program and drawings, but not including work specified under SLIN

000102, CLIN 0002-0007.

000102

BASE BID ITEM: MEC/UXO/MPPEH

FFP

The basis for SLIN 000102 is the price for all work complete in accordance with the project program and drawings to furnish and deliver MEC/UXO/MPPEH.

OPTION 1: PHOTOVOLTAIC SYSTEM

FFP

Total price for the entire work to provide all necessary labor, material, transportation, supervision, equipment, and other incidental work required to furnish and deliver PHOTOVOLTAIC SYSTEM in accordance with the project program and drawings; except for work described in CLINs 0001 and 0003-0007.

The Contracting Officer may exercise this option by written notice within 180 calendar days from the date of contract award.

OPTION 2: TRAINING BAY

FFP

Total price for the entire work to provide all necessary labor, material, transportation, supervision, equipment, and other incidental work required to furnish and deliver GENERAL PURPOSE TRAINING BAY in accordance with the project program and drawings; except for work described in CLINs 0001-0002 and 0004-0007. The Contracting Officer may exercise this option by written notice within 180 calendar days from the date of contract award.

OPTION 3: UNHEATED STORAGE BUILDING

FFP

Total price for the entire work to provide all necessary labor, material, transportation, supervision, equipment, and other incidental work required to furnish and deliver UNHEATED STORAGE BUILDING, in accordance with the project program and drawings; except for work described in CLINs 0001-0003 and 0005-0007. The Contracting Officer may exercise this option by written notice within 180 calendar days from the date of contract award.

OPTION 4: WASH PLATFORM

FFP

Total price for the entire work to provide all necessary labor, material, transportation, supervision, equipment, and other incidental work required to furnish and deliver WASH PLATFORM in accordance with the project program and drawings; except for work described in CLINs 0001-0004 and 0006-0007. The Contracting Officer may exercise this option by written notice within 180 calendar days from the date of contract award.

OPTION 5: Furniture,Fixtures & Equipment

FFP

Total price for the entire work to provide all necessary labor, material, transportation, supervision, equipment, and other incidental work required to procure and install Furniture, Fixtures & Equipment (FF&E) (Handling and Administrative Rate (HAR) NTE 5%) in accordance with the project program and drawings; except for work described in CLINs 0001-0005 and 0007. The Contracting Officer may exercise this option by written notice within 180 calendar days from the date of contract award.

OPTION 6: MEC MUNITIONS RESPONSE

FFP

The basis for CLIN 0007 is the unit price per day for a MEC munitions response team of ______ members (enter proposed number of members) to perform additional unforeseen MEC anomaly investigation. The munitions response team shall have a minimum number of eight (8) members. The unit price in this CLIN shall include all material, labor, equipment, supervision, and indirect costs complete for price adjustment in accordance with FAR 52.243-4, Changes.

SCHEDULE OF PRICES

NOTE for Contract Line Item Numbers (CLINs): The Offeror shall use the solicitation form above and the price proposal schedule on the following page to indicate a price for ALL CLINs and SubCLINs (SLINs). In the event there is a difference between a unit price and extended total amount, the unit price will be held to be the intended offer and the total of the CLINs will be recomputed accordingly.

NOTE for Option Items 1 through 6 (CLINs 0002 through 0007): Depending on availability of funds, Option Items 1 through 6 (CLINs 0002 through 0007) may be exercised within 180 calendar days from date of contract award. In accordance with FAR 52.217-5, Evaluation of Options, except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all prices for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

1. PROJECT MAGNITUDE

The estimated price range for this project is between $25 million and $100 million.

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 Juvee Pangelinan by email at Juvee.Pangelinan@fe.navy.mil. The Government does not intend to respond to inquiries submitted less than 10 calendar days before the proposal receipt date.

3. PROPOSAL SUBMITTAL REQUIREMENTS

3.1 PROPOSAL FORMAT

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

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 size 10 font, utilizing both sides of the paper. The format for the proposal follows in paragraphs 3.2 and 3.3 of this section. A cover letter shall accompany the non-price and price proposals.

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 Unique Entity Identifier (UEI), 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.

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

Proposals submitted in response to this solicitation shall contain the following parts:

COVER LETTER

RFP PART A DOCUMENTS

a. Standard Form SF1442 (Solicitation, Offer, and Award) with the following completed:

i. Blocks 14 through 20c

ii. Schedule of Prices for all Contract Line Item Numbers (CLINs) in Section 00 10 00

b. Joint Venture Agreement, Binding Teaming Agreement, or other contractual agreement (if applicable); and

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

NON-PRICE PROPOSAL

Tab 1: Factor 1, Experience (Exhibit A) Tab 2: Factor 2, Past Performance (Exhibit B and/or CPARS Evaluations) Tab 3: Factor 3, Technical Approach (Narrative and Construction Schedule/Phasing Plan)

Tab 4: Factor 4, Small Business Utilization (Exhibit C Small Business Subcontracting Record and Exhibit D Small Business Participation and Commitment)

Tab 5: Factor 5, Safety (DART, TRC, and Narrative)

PRICE PROPOSAL

Factor 6, Price (In Sealed Envelope) – The envelope shall contain the following original documents:

a. Completed Schedule of Prices for all CLINs in Section 00 10 00 of the SF1442; and

b. Bid Bond in the amount of 20% of the proposed price or $3 million, whichever is less.

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

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

a. Non-Price Proposal: One (1) original, three (3) hard copies, and one (1) electronic copy in Adobe Acrobat PDF format provided on compact disc (CD); and

b. Price Proposal (In Sealed Envelope): One (1) original, three (3) hard copies, and one (1) electronic copy in Adobe Acrobat PDF format provided on CD. Place the CD in the sealed envelope, along with the copies of the Price Proposal.

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 SF1442. Offerors shall address all evaluation factors and submit the proposal to the following address:

Naval Facilities Engineering Systems Command Marianas Attention: Juvee A. Pangelinan Bldg 4175, 2nd Floor, Room A206 Pedro LG Roberto Drive, Apra Heights, Santa Rita, Guam 96915

If hand-carrying or express mailing proposal, the firm is advised that the contracting officer is on a secured base and access is required to enter the building. You must call 671-339-8098 to request access to the building. Anticipate delays in accessing the building and plan accordingly. It is the contractor's responsibility to ensure delivery to the location specified. Electronic (E-mail, facsimile, etc.) submissions are not authorized. Proposal must be clearly marked on the outside of the package with the solicitation number.

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.

4. PRE-PROPOSAL CONFERENCE AND SITE VISIT

a. A written pre-proposal conference will be held where questions may be answered relative to this RFP.

Comments, constructive criticism, and identification/notification of RFP inconsistencies are solicited as well. All prospective Offerors are urged to participate in the written pre-proposal conference. In order to make the written conference as productive as possible, prospective Offerors are requested to submit, one

(1) week prior to the site visit, any questions they may have in writing to Juvee Pangelinan via email at Juvee.Pangelinan@fe.navy.mil using Attachment 1 of the solicitation. ALL QUESTIONS MUST BE IN WRITING. Available responses to submitted questions and the pre-proposal conference slides will be provided after the site visit.

b. A one-time site visit of the project location will be held on Wednesday, May 4, 2022 at 10:00 a.m., Guam time. No base access request forms are required. To attend, submit names electronically to Juvee Pangelinan via e-mail at Juvee.Pangelinan@fe.navy.mil no later than Thursday, April 28, 2022 at 4:30 p.m., Guam time. In the e-mail, title the subject line as follows: “Attendance for Site Visit: FY22 MILCON P-052 National Guard Readiness Center.”

c. Failure of a prospective Offeror to submit any questions for the pre-proposal conference and/or attend the 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 conference will be held solely for the purpose of explaining the concepts involved in the project and the specifications, terms, and conditions of this solicitation. Additionally, the site visit will be held solely to provide Offerors with an opportunity to familiarize themselves with the jobsite and conditions to be encountered and is not for the purpose of answering questions.

d. 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 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, UEI 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 UEI 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 $150,000 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-4212 website at https://www.dol.gov/vets/vets4212.htm or employers may contact the VETS-4212 Customer Support by e-mail at vets4212-customersupport@dolncc.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 non-price evaluation. FAR 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.

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 AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-1 Notice Of Standard Competition MAY 2006 52.211-2 Availability of Specifications, Standards, and Data Item

Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

JUL 2021

52.211-7 Alternatives to Government-Unique Standards NOV 1999 52.214-34 Submission Of Offers In The English Language APR 1991 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (NOV

2021) - Alternate I

OCT 1997

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.228-1 Bid Guarantee SEP 1996 52.236-28 Preparation of Proposals--Construction OCT 1997 52.252-3 Alterations in Solicitation APR 1984 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

CLAUSES INCORPORATED BY FULL TEXT

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; X 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. [Contracting Officer check appropriate box.]

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

DEPARTMENT OF THE NAVY

COMMANDING OFFICER

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND MARIANAS

PSC 455 BOX 195

FPO AP 96540-2937

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for Wednesday, May 4, 2022 at 10:00 a.m., Guam time.

(c) Participants will meet at the project site. A location map will be provided.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR):

http://www.acquisition.gov/far/

Defense Acquisition Regulation Supplement (DFARS):

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section 00 22 16 - Supplementary Instructions to Proposers

EVALUATION FACTORS FOR AWARD

EVALUATION FACTORS FOR AWARD

TABLE OF CONTENTS

PART I GENERAL

1.1 SOURCE SELECTION

1.2 INTENT TO AWARD WITHOUT DISCUSSIONS

1.3 ENFORCEABILITY OF PROPOSAL

PART II EVALUATION FACTORS

2.1 BASIS FOR AWARD

2.2 EVALUATION CRITERIA

2.3 PRICE EVALUATION

2.4 EVALUATION FACTORS AND PROPOSAL SUBMISSION REQUIREMENTS

2.5 FINAL SELECTION

PART I GENERAL

1.1 SOURCE SELECTION

This unrestricted procurement uses source selection procedures to select the responsible Offeror whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered.

The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with Offerors in the competitive range; and to award the contract to the Offeror submitting the proposal determined to represent the best value—the proposal most advantageous to the Government, price and other factors considered. The lowest price technically acceptable (LPTA) process is selected as appropriate for this acquisition. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors.

The number of proposals to be evaluated for technical acceptability may be limited to the lowest priced offer at the discretion of the contracting officer. If the number of proposals to be evaluated is limited, the technical proposal shall be provided to the evaluator(s) without any identification of price. If the lowest priced proposal is not found to be technically acceptable then the next lowest price proposal shall be evaluated. If that proposal is also not found to be technically acceptable, then the process described will be conducted again as many times as necessary, until such time as the Government identifies a technically acceptable proposal.

1.2 INTENT TO AWARD WITHOUT DISCUSSIONS

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.

1.3 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 submission of the offer, the Offeror agrees that all items proposed (e.g., key personnel, subcontractors, materials, etc.) will be utilized for the duration of the contract and any 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.

PART II EVALUATION FACTORS

2.1 BASIS FOR AWARD

The contract resulting from this solicitation will be awarded to the responsible Offeror whose offer, conforming to the solicitation, is determined to be the most advantageous to the Government considering price and non-price evaluation factors. All technical factors when combined are of equal importance to the performance confidence assessment (past performance) rating; and all technical factors and the performance confidence assessment (past performance) rating, when combined are approximately equal to price. Award will be made to the lowest priced technically acceptable Offeror. 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.

2.2 EVALUATION CRITERIA

a. “Relevant” means sufficiently similar to the instant acquisition to provide indicators of expected performance.

For example, construction similarity and complexity, contract type, dollar value. The Government will only consider projects as defined in Factor 1, Experience.

b. Past performance information on “relevant projects” meeting the definition in the solicitation will constitute the primary consideration in the Government’s evaluation under this factor. The Government may, however, review and consider past performance information on other construction projects as made available to the Government from other sources such as the Contractor Performance Assessment Reports (CPARS) and inquiries with previous clients/owners. The Government will determine the relevance of the past performance information received on other construction projects, as well as consider the source, context and currency of such information in its evaluation.

c. Offerors who submit past performance and experience information of a parent, sister, predecessor or other affiliated company must describe what involvement such company will have on the instant acquisition. The proposal should clearly indicate how the resources of the parent, sister, predecessor or other affiliated company

– its workforce, management, facilities, or other resources – will be provided or relied upon for contract performance.

d. The Offeror may utilize experience and past performance of a subcontractor that will perform major or critical aspects of the requirement. The Government will not consider experience and past performance of a subcontractor unless the prime contractor clearly provides, in its proposal, evidence of a fully executed true and authentic copy of a legally binding teaming agreement or other contractual agreement which creates legal responsibility on the part of the subcontractor for performance on this contract.

e. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown (or “neutral”) past performance.

f. The Government, in compliance with FAR 15.305(a)(2)(ii), will allow Offerors to provide information on any problems encountered on any identified contracts and any corrective actions taken by the Offeror.

2.3 PRICE EVALUATION

The price proposal will be evaluated to determine the reasonableness of the Offeror’s proposal. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

2.4 EVALUATION FACTORS AND PROPOSAL SUBMISSION REQUIREMENTS

a. The Offeror’s proposal shall contain a response to each of the evaluation factors and shall be in the form prescribed by this solicitation. Evaluation factors are divided into two categories: Non-Price (Factors 1 through

5) and Price (Factor 6). The evaluation factors for this acquisition are:

FACTOR 1 – Experience FACTOR 2 – Past Performance FACTOR 3 – Technical Approach FACTOR 4 – Small Business Utilization FACTOR 5 – Safety FACTOR 6 – Price

b. The distinction between experience and past performance is 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.

c. Definitions:

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.

SIGNIFICANT WEAKNESS: A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.

WEAKNESS: A flaw in the proposal that increases the risk of unsuccessful contract performance.

PAST PERFORMANCE: Relates to how well an Offeror has performed; e.g., the quality of work accomplished, schedule compliance, client satisfaction.

EXPERIENCE: Pertains to work previously performed by an Offeror, which is the same or similar to the work in the project.

PROJECT: A single undertaking of construction activities or tasks similar in scope to the work described in this solicitation and as defined in Factor 1, Experience.

OFFEROR: Refers to the Contractor submitting the proposal as Offeror, including joint ventures, whose name appears in Block 14 of Standard Form 1442 (Solicitation, Offer and Award).

FIVE-YEAR PERIOD: Refers to period of time for which projects may be submitted for experience or past performance. The five-year period is calculated by counting back five years from the specific date of issuance of this solicitation.

PAGE: Refers to one printed side of a piece of paper. (For example, 5 pieces of paper printed on both sides would result in 10 pages of narrative.)

b. The following describes each evaluation factor, submittal requirements, and basis for assigning ratings:

(1) Factor 1 – Experience

(a) Proposal Submission Requirements: In Volume I Tab 1 of the proposal, the Offeror shall complete the attached Construction & Design Experience Project Data Sheet (Exhibit A) for each construction and design project submitted and complete all individual blocks. The Construction & Design Experience Project Data Sheet in Exhibit A is MANDATORY and SHALL be used to submit project information for relevant projects. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed four (4) pages. For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). Project Data Sheets that do not comply with these requirements will not be evaluated.

(i) Construction Experience. Submit a minimum of two (2) and a maximum of five (5) relevant construction projects for the Offeror that best demonstrates design build construction experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as new construction, renovation, or repair work with total construction costs of at least $20 million. If the Offeror submits more than five

(5) construction projects for evaluation, the Government will evaluate the first five (5) projects and disregard all other projects.

Notes for Construction Experience:

(1) A relevant construction project is further defined as a design build 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 single task order as a project.

(2) Relevant projects shall have been completed or substantially completed within the last five

(5) years of the date of issuance of this RFP. “Substantially Complete” is defined as at least 90% physically complete.

(3) If the Offeror is a Joint Venture (JV) or limited liability company (LLC), relevant project experience should be submitted for projects completed by the JV or LLC. If the JV or LLC does not have shared experience, project experience shall be submitted for each individual JV or LLC member. Offerors are still limited to a total of five (5) construction projects combined.

(4) The “Offeror” is defined as the exact name indicated in Block 14 of the Solicitation, Offer and Award (SF1442). If the experience and past performance of an entity other than the Offeror is being claimed in Factors 1 and 2, that entity must be named in the narrative and organizational chart in Factor 3, Technical Approach, and the Offeror shall clearly demonstrate in Block 9 of the Project Data Sheet in Exhibit A that such entity will have meaningful involvement in the performance of the contract in order for the experience and past performance information of such entity to be considered in the evaluation.