Solicitation.pdf

THE WORK INCLUDES THE FURNISHING OF ALL LABOR, MANAGEMENT, SUPERVISION, TOOLS, MATERIALS, AND EQUIPMENT NECESSARY TO CONSTRUCT AN F-16 MISSION TRAINING CENTER AT AVIANO AIR BASE IN AVIANO, ITALY.

PROPOSALS ARE DUE 4 APRIL 2014 @ 2:00 PM EDT TO NAVFAC ATLANTIC, BLDG A MAILROOM, ATTN: MICHELLE GOODEN, 6506

HAMPTON BOULEVARD, NORFOLK, VA 23508.

THIS ACQUISITION IS BEING SOLICITED AS A STAND-ALONE, FIRM FIXED PRICE DESIGN/BID/BUILD CONTRACT.

PRE-PROPOSAL CONFERENCE AND SITE VISIT SCHEDULE: THE PRE-PROPOSAL CONFERENCE WILL BE HELD AT 10:00 A.M. CENTRAL EUROPEAN TIME ON 18 MARCH 2014. THE SITE VISIT WILL IMMEDIATELY FOLLOW THE PRE-PROPOSAL CONFERENCE.

MICHELLE L. GOODEN (757) 322-8169

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

05-Mar-2014

(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

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 ________630 calendar days after receiving aw ard, X 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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (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 is, X 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

COMMANDER NAVFAC ATLANTIC

6506 HAMPTON BLVD

NORFOLK VA 23508-1278

N62470

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(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:

N62470-14-R-3003 48

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

N62470-14-R-3003

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project

BASE PRICE

FFP

Price for the entire work for the F16 Mission Training Center (MTC) at Aviano Air Base, Aviano, Italy FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTION TO OFFERORS

Table of Contents

I. SECTION 00100 – Bidding Schedule/Instructions to Offerors

II. SECTION 00600 – Representations & Certifications

III. SECTION 00700 – Contract Clauses

IV. SECTION 00800 – Special Contract Requirements

SECTION 00100

Instructions to Offerors

A. GENERAL INFORMATION

1. This solicitation is being conducted using design-bid-build procedures in accordance with FAR Part 36. The best value continuum source selection process used in this acquisition is the tradeoff process. Award will be made to that responsible offeror whose proposal, conforming to the solicitation, is determined to offer the best value to the Government considering the technical and price factors stated herein.

The Government reserves the right to eliminate from consideration any or all offerors at any time prior to award of the contract; to negotiate with offerors in the competitive range; to award the contract to other than the offeror submitting the lowest total price; and to award the contract to the offeror submitting the proposal determined to be the best value.

This acquisition will result in the award of a Firm Fixed Price (FFP) construction contract.

INTENT TO AWARD WITHOUT DISCUSSIONS: Proposals must be 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, cost and price standpoint.

2. The work includes the furnishing of all labor, management, supervision, tools, materials, and equipment necessary to construct a new 1,781 square meter, high bay structure for four simulator units with reinforced concrete foundation and floor slab, masonry structure and exterior walls, and both flat and pitched clay tile roofs. Facility includes support space for administrative, training support rooms, storage, instructor offices, technical library, classrooms, brief and debrief rooms, restrooms, janitors closet, UPS and mechanical equipment rooms and maintenance areas; raised computer flooring in all simulator rooms and associated support spaces;

soundproofing to mediate machinery noise and to reduce flight line noise to an acceptable interior level. Project includes electrical, mechanical, plumbing, fire protection and detection systems, energy conservation, photovoltaic (PV) panels, communications, site development and improvements, and vehicle parking for a usable facility. The facility shall comply with U.S. and Italian standards and norms, shall meet Base Architectural Design Standards and Force Protection Standards and shall be LEED Silver Certified upon completion.

The site for the F-16 Mission Training Center facility is located in the central northwest zone of Area F, in the Aviano Air Base, Pordenone, Italy; it is in the open area southeast of Building 1173 and southwest of Building 1174. Area F is located few kilometers south of the town of Aviano.

3. The basic contract award CLIN 0001 will consist of all work stated in item #2 above.

4. The contract completion date is 630 calendar days from the notice to proceed.

5. This acquisition will result in a firm fixed price contract for construction services. The statutory cost limitation for F16 Mission Training Center, Aviano, Italy is $8,100,000.

6. This acquisition will be solicited on an unrestricted basis with full and open competition.

7. Offers must be submitted in EUROS. The contract will be awarded in EUROS.

8. Offers must be submitted in English, to include any and all supporting documentation

(certificates, licenses, award documents, etc.). If supporting documentation cannot be recreated in English, then at a minimum an English translation for any supporting documentation written language other than English must be provided.

9. Pre-Proposal Inquiries (PPI): Offerors who determine that the technical and or contractual requirements of this RFP require clarification(s) in order to permit submittal of a responsive proposal shall submit all questions in writing, in the English language. Additionally, all inquiries shall be submitted using the Pre- Proposal Inquiry (PPI) form attached to this solicitation as Attachment C. All inquiries shall be submitted via email to michelle.gooden@navy.mil. The Government does not intend to respond to inquiries submitted less than 5 days before the proposal receipt date. A response will be published as an amendment to the solicitation.

The technical Specification and design drawings are provided with this RFP as attachments.

10. SITE VISIT INSTRUCTIONS – details and requirements for the site visit are found under FAR Clause 52.236-27 located further down in this solicitation section.

B. ELIGIBILITY FOR AWARD

1. SOCIETÀ ORGANISMI DI ATTESTAZIONE (SOA) CERTIFICATION.

The following SOA Certifications are required by the Offeror:

The Prevailing Work Category: OG-1 Classification OS-4 60%

Additional Work Category: OG-11 Classification OS-3 40%

Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Minor Work Category and pertinent Classification, can still bid against the subject solicitation, by forming a Joint-Venture or subcontracting for the execution of the work pertaining to the OG1and OG11 Categories (or alternatives) for which they are not qualified. Offerors must declare their intention of forming the Joint-Venture or awarding a subcontract. A "Teaming Agreement" or "Letter of Commitment" with the subcontractor must be submitted with the proposal and must identify the qualifications of the subcontractor (attaching the pertinent SOA certificate) and what work they will perform (identifying type and percentage of the work covered by specific SOA certificate).

In the case of a JV, at least one member of the JV must have the required SOA Certifications. The JV member who has the SOA Certification must perform the majority of the work pertinent to the certification. In the case of a JV, certification submitted by a subcontractor will not be accepted.

As required by DPR 554, art 75 and DPR 412 /2000 the Contracting Officer shall require the apparent successful bidder/offeror to submit additional documentation, upon Contracting Offivcer’s demand, for evaluation of firm's technical and financial qualifications to execute the work.

Debarment from Award:

As required by article 75 of DPR 554 and DPR 412/2000, Contractors cannot bid if they have a history of, or there is an existing question relative to:

- Bankruptcy

- Pending Charges

- Final Penal Judgment for moral and/or professional misconduct

- Breach of use of unauthorized subcontractors, i.e. anti-trust laws

- Breach of safety / security or labor regulations

- Serious malpractice or negligence

- Tax payments violations

- False or fraudulent representations in prior solicitations

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

The Contracting Officer shall review a contractor’s certifications for compliance. Firms who obtained SOA certification are listed in the SOA website. Not submitting the additional documentation is treated as a responsiveness issue. The Contracting Officer shall ensure that the contract provisions stipulate that the contract may be terminated for default if it is discovered after award that the contractor failed to meet the certification requirements of D.P.R. n. 34, or art 75 of DPR 554, and DPR 412/2000.

2. JOINT VENTURE (JV) AGREEMENT

NOTE #1:

FOR THE PURPOSESOF THIS SOLICITATION A JOIN VENTURE (JV) REFERS TO A U.S.-STYLED

FORMAL LEGAL ENTITY IN THE NATURE OF A PARTNERSHIP COMPRISED OF TWO OR MORE

PERSONS OR COMPANIES. EACH JOINT VENTURE MUST PROVIDE ONE (1) NCAGE CODE, ONE

(1) DUNS NUMBER FOR THE JOINT VENTURE AND ONE (1) DUNS NUMBER FOR EACH MEMBER

COMPRISING THE JOINT VENTURE. EACH JOINT VENTURE MUST BE REGISTERED IN SAM

USING THE NAME OF THE JOINT VENTURE.

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

The Joint Venture Agreement shall include, at a minimum, the following:

(a) Name of firms that form the JV and the name of the JV.

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

(c) Solicitation number.

(d) Description of the responsibilities in terms of work category for each member (for example: Firm A performing 100% of ___)

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

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

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

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

FAILURE TO PROVIDE THE JOINT VENTURE AGREEMENT AS REQUIRED MAY RESULT IN AN

OFFEROR BEING ELIMINATED FROM CONSIDERATION FOR AWARD.

3. SYSTEM FOR AWARD MANAGEMENT

To be eligible for award, your firm(s) must be registered in the System for Award Management (SAM) database and in the Online Representation and Certifications Application (ORCA) as required by Clause 52.204-7, Central Contractor Registration (Dec 2012) http://www.sam.gov.

Note that the System for Award Management (SAM) is required for all offerors, including Joint Ventures (JV) (registration must state the NAME of the JV). Offerors not registered in SAM shall obtain a DUN & Bradstreet (DUNS) number and a CAGE or NCAGE prior to registering in SAM.

All offerors, including JV offerors, must submit with their proposal a DUNS number. In addition to the DUNS number required for JV offerors, JV offerors must submit with their proposal a DUNS number for each member comprising the JV. DUNS numbers can be obtained at http://fedgov.dnb.com/webform. The DUNS number is required in order to register in SAM (see above.)

CAGE/NCAGE – A CAGE/NGAGE code is required for all offerors, including JV offerors. JV offerors must acquire a CAGE Code registered in the JV name.

U.S. Offerors, including Joint Venture offerors: U.S. offerors must obtain a CAGE Code prior to registering in the SAM database. The Cage Code is a requirement to part of the SAM registration proc process (see paragraph above.)

Non-U.S. (foreign) Offerors ONLY: NON-U.S. offerors must obtain a NATO CAGE Code (NCAGE) instead of a CAGE Code prior to registering in the SAM database. NCAGE codes may be obtained at the NCAGE website at http://www.dlis.dla.mil/Forms/Form_AC135.asp

4. ANTI-MAFIA LAW

a. Pre-Award Effect on Anti-Mafia Procedures

Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to Italian Law No. 646, of 13 September 1982, and subsequent integrations and amendments. The solicitation data will be made available only to firms that meet the related submittal requirements below in paragraph "Submittals". As such, in the event that prior to award any disciplinary actions or proceedings for Mafia related matters exist against the apparent successful offeror, no award will be made to said successful offeror.

b. Termination Under Italian Law No. 646 (Anti-Mafia). If during the life of this contract, any proceeding or disciplinary actions contemplated by Italian Law No. 646 of 13 September 1982 (and subsequent amendments and integrations) is undertaken against any component of the Contractor or any Subcontractor, the Government can consider this a failure to execute the work and terminate the contractor's right to proceed with the work under the "Default" clause of this contract.

c. Contractor shall submit the following:

1. If available, the offeror's Certificato di Iscrizione alla Camera di Commercio (applicable to Italian offerors) - Original, unexpired and not older than SIX (6) months at the date of proposal submission of the Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio) inclusive of the anti-mafia nulla osta statement reading: "Nulla osta ai fini dell'articolo 67 del Decreto Legislativo n. 159 del 6 settembre 2011 (gia Art 10 della legge 31 maggio 1965, n. 575) e successive modificazioni. La presente certificazione è emessa dalla C.C.I.A.A. utilizzando il collegamento telematico con il sistema informativo utilizzato dalla prefettura di Roma" or any similar statement having the same scope as provided for by applicable Laws.

If the offeror has attempted and is unable to obtain the certificate from the Chamber of Commerce that includes the Anti-Mafia Nulla Osta statement, include an explanation why not along with official correspondence from the Chamber of Commerce, if available. This documentation is to be included in your Price Proposal.

2. If available, the Chamber of Commerce Certificate mentioned in Paragraph 1 above for each of its subcontractors.

If the offeror has attempted and is unable to obtain the certificate from the Chamber of Commerce that includes the Anti-Mafia Nulla Osta statement for its subcontractors, include an explanation why not along with official correspondence.

C. PROPOSAL SUBMISSION REQUIREMENTS

Proposals shall be delivered to:

NAVFAC ATLANTIC

Bldg. A Mailroom Attn. Michelle Gooden ACQ34 6506 Hampton Blvd.

Norfolk, VA. 23508-1278

All submittals shall be received prior to 2:00 pm (EDT), Friday, 4 April 2014.

LATE SUBMITTALS WILL NOT BE CONSIDERED. Proposal must be clearly marked on the outside of the package with the solicitation number. ELECTRONIC SUBMISSION OF PROPOSALS WILL NOT BE

ACCEPTED.

Non-Price Factors: Offeror shall submit one (1) marked “Original”, a CD and four (4) copies with the following characteristics for each:

_ 8 ½ x 11 format _ 12 point font _ Include a cover page with Solicitation Number, Solicitation Title, Prime Contractor Name, Address, Phone Number, Fax Number, DUNS, Cage Code, Point of Contact and their phone and email address.

_ This should include information in response to non-price factors only. Specific page limitations and Solicitation Submittal Requirements are specified in each Factor. PAGES THAT EXCEED THE PAGE

LIMITATIONS SHALL NOT BE EVALUATED.

Price: Offeror shall submit one (1) original, marked “Original”, a CD and one (1) copy with the following:

_ DP/7753/4 Questionario Dati Rilevamento Anagrafico per l’Assegnazione del Codice NATO (NCAGE Code)(applicable to Italian offerors – Section 00100, Instructions to Offerors) _ Societa Organismi di Attestazione (SOA) Certification (Section 00100, Instructions to Offerors) _ Joint Venture (JV) Agreement - Section 00100, Instructions to Offerors _ Anti-Mafia requirement, as per – Section 00100, Instructions to Offerors _ Complete Block #14 through Block #20c on Standard Form (SF) 1442, “Solicitation, Offer, and Award.”

BLOCK #14 of the SF 1442 MUST CLEARLY SHOW THE NAME AND ADDRESS OF THE OFFEROR. In case the Offeror is a JOINT VENTURE (JV), the NAME OF THE JV MUST BE STATED ON THE TOP OF

BLOCK #14.

_ Acknowledge all solicitation amendments in Block 19 of the SF1442.

_ Include a cover page with Solicitation Number, Solicitation Title, Prime Contractor Name, Address, Phone Number, Fax Number, DUNS, Cage Code, Point of Contact and their phone and email address.

Contractor Responsibility: In accordance with Federal Acquisition Regulation (FAR) 9.1, the Contracting Officer shall award contracts only to responsible vendors. No purchase or award shall be made unless the Contracting Officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them. The Contracting Officer shall require acceptable evidence of the prospective contractor’s current sound financial status, as well as the ability to obtain required resources if the need arises. In regard to resources, the contractor must be prepared to present acceptable evidence of subcontracts, commitments or explicit arrangements that will be in existence at the time of contract award, to rent, purchase or otherwise acquire the needed facilities, equipment, services, materials, other resources or personnel. Consideration of a prime contractor’s compliance with limitations on subcontracting shall be taken into account for the time period covered by the contract base period or quantities, plus option periods or quantities, if such options are considered when evaluating offers for award. Pursuant to FAR 9.104-4, the Contracting Officer reserves the right to request adequate evidence of responsibility on the part of any prospective subcontractor(s). In the absence of information clearly indicating that the prospective contractor is responsible, the Contracting Officer shall make a determination of non-responsibility. As a minimum requirement, all offerors are requested to submit, as part of the Price proposal, the following:

1) Latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or at least by an authorized officer of the organization (include Balance Sheet and Income Statement).

2) Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, discuss the financial responsibilities among the companies.

3) Point of contact from a bank or any financial institution with which they transact business.

The Contracting Officer reserves the right to request additional information if needed.

D. EVALUATION FACTORS FOR AWARD

In making the best value award decision, the government will consider all non-price Factors and price.

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

Non-Price Evaluation Factors

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

The distinction between experience and past performance is that experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work described under the definition of recent, relevant projects, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

The relative order of importance of the non-price evaluation factors is the technical factors (Factors 1 and 2) are of equal importance to each other and, when combined are equal in importance to the past performance factor (Factor 3). When the proposal is evaluated as a whole, the technical factors and past performance factor combined (i.e., the non-price evaluation factors) are approximately equal to price.

The importance of price will increase if the Offerors’ non-price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non-price proposal’s superiority to the Government. Award will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered.

Basis of Evaluation and Submittal Requirements for Each Factor:

Factor 1 – Corporate Experience:

(a) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

Submit a maximum of five (5) construction projects for the Offeror that best demonstrate experience on relevant projects that are similar in size, scope, and complexity to the RFP. The contracts may be completed for the U.S.

Government or other clients.

For purposes of this evaluation, a relevant project is further defined as the following:

Similar in scope by providing for the construction of a single or multi-story, administrative, educational or similar building of reinforced concrete or steel, complete with HVAC, Fire protection and electrical/communication systems that is a minimum of 1500 square meters in footprint and has a minimum construction value of €3,000,000.00.

Projects submitted for the Offeror shall be completed within the past five (5) years of the date of issuance of this

RFP.

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

The attached Construction Experience Project Data Sheet (Attachment F) is MANDATORY and SHALL be used to submit project information. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages) 8-1/2” X 11” page size.

DUNS numbers for the entity that performed the project shall be noted for the construction projects.

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). Such description must include a system description for each of the systems noted below. Failure to provide a system description will result in a project being determined not relevant.

• Heating, Ventilation and Air Conditioning (HVAC)

• Fire Protection

• Electrical/Communication In addition, the description should address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated and/or certified through U.S.

Green Building Council (USGBC) or the equivalent organization or process. These documents do not count against the page limitation of Factor 1.

If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture entity does not have experience, at least one project shall be submitted for each Joint Venture partner. Offerors are still limited to a total of five (5) projects combined.

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract.

The Offeror shall not utilize experience of a subcontractor to demonstrate construction experience under this evaluation factor.

(b) Basis of Evaluation:

The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant construction as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review five projects. Any projects submitted in excess of the five (5) for Construction Experience will not be considered.

Relevant projects that demonstrate experience with construction for the United States Government may be considered more favorably than those that do not demonstrate this experience.

Relevant projects that demonstrate experience with sustainable features may be considered more favorably than those that do not demonstrate experience with sustainable features.

Factor 2 – Safety:

(a) Submittal Requirements:

The Offeror shall submit the following information:

Technical Approach for Safety:

Describe the offeror’s technical approach to safety for its employees as well as the plan that the Offeror will implement to evaluate and measure safety performance of potential subcontractors as a part of the selection process for all levels of subcontractors. Also, describe any innovative methods that the Offeror will employ to ensure and monitor safe work practices at all subcontractor levels. The Safety Narrative shall be limited to three pages.

(b) Basis of Evaluation:

The Government is seeking to determine that the Offeror has consistently demonstrated a commitment to safety and that the Offeror plans to properly manage and implement safety procedures for itself and its subcontractors.

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

- Offeror Technical Approach to Safety

- Other sources of information available to the Government

(1) Technical Approach to Safety:

The Government will evaluate the narrative to determine the degree to which subcontractor safety performance will be considered in the selection of all levels of subcontractors on the upcoming project. The Government will also evaluate the narrative to determine the degree to which innovations are being proposed that may enhance safety on this procurement. Those Offerors whose plan demonstrates a commitment to hire subcontractors with a culture of safety and who propose innovative methods to enhance a safe working environment may be considered more favorably in the evaluation.

Factor 3 – Past Performance:

(a) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

If a completed Construction Contractor Appraisal Support System (CCASS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 1 for construction experience. AN OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CCASS IS AVAILABLE. If there is not a completed CCASS evaluation then submit a Past Performance Questionnaire (Attachment C) for each project included in Factor 1 for Construction Experience. The Offeror should provide completed Past Performance Questionnaires (PPQs) with the proposal. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Ms. Michelle Gooden at michelle.gooden@navy.mil.

IMPORTANT: It is the responsibility of the offeror to provide accurate points of contact for each identified contract and current telephone numbers and/or email addresses.

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

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

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

Performance awards or additional information submitted will not be considered.

(b) Basis of Evaluation:

This evaluation focuses on how well the Offeror performed on the relevant projects submitted under Factor 1 – Experience and past performance on other projects currently documented in known sources. For purposes of the past performance evaluation, a relevant project is defined as building construction with a value of €3,000,000.00 or greater. In addition to the above, the Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of Contractors who are part of a partnership or joint venture identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

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

Offerors lacking relevant past performance history will not be evaluated favorably or unfavorably in past performance and will receive an Unknown Confidence rating.

Price:

1) Solicitation Submittal Requirements:

The price proposal shall be separate from the technical proposal. Submit one (1) original, one (1) copy, and one (1) electronic copy (CD/DVD) of the solicitation submittal requirements.

1) Basis of Evaluation:

The Government will evaluate price based on the total price. Total price consists of the basic requirements and options. Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

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

(ii) Comparison of proposed prices with the IGCE.

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

(iv) Comparison of market survey results.

E. PERFORMANCE GUARANTEE

Ten-Percent (10%) PERFORMANCE GUARANTEE

The Offeror whose offer/proposal is accepted, shall provide a notarized Performance Guarantee letter within ten

(10) days after the contract forms are presented to the Offeror for signature. In lieu of the 10% Performance Guarantee requirement, the Offeror may provide Performance and Payment Bonds, pursuant to FAR Clause 52.228- 15, through an approved surety under the United States Treasury Department Circular 570. If the Offeror fails to provide a Performance Guarantee letter or Performance and Payment Bonds within ten (10) days, the contract may be terminated for default. In such event, Offeror shall be liable for any cost of re-procuring the work which exceeds the amount of his offer.

This Performance Guarantee replaces NFAS 5252.228-9306.

The Performance Guarantee letter shall be accompanied by a notarized document authenticating the financial institution’s authority to sign the letter. An English translation of the Performance Guarantee letter shall be submitted at the same time.

Performance Guarantee: An amount equal to ten percent (10%) of the amount of the contract shall be deposited into a properly certified banking institution, which will then issue an irrevocable letter guaranteeing the payment of the amount deposited plus any applicable interest, to the United States Government, upon demand by the Contracting Officer. Demand will be made if the Contractor fails to comply with the terms and conditions of the contract, or does not fulfill its undertaking in whole or in part. Payment to the Contracting Officer will be by check made payable to the “United States of America by the U.S. Department of the Navy, Naval Facilities Engineering Command, Europe, Africa, Southwest Asia.”

The Performance Guarantee shall take effect upon the date of signature of the Performance Guarantee letter and shall remain valid and irrevocable until one (1) year after the work has been finally inspected and accepted by the Government.

SAMPLE OF PERFORMANCE GUARANTEE ISSUED BY A BANK

The Government will accept as valid a Performance Guarantee conforming to these requirements.

BANK LETTERHEAD Date

To: United States of America U.S. Department of Navy Contracting Office (FEA/IPT put in your address)

Attention: Contracting Officer

This is a letter of performance guarantee. I/We, the undersigned, acting as the duly authorized representative(s) of the Bank, declare that the Bank hereby guarantees and is jointly and severally liable as guarantor with the Contractor named below to effect payment to the Contracting Office that issued the contract stated below, by check made payable to the “United States of America by the U.S. Department of the Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia,” within five (5) calendar days after receipt of a simple written request by registered mail, return receipt, in amount up to sum of (Amount equal to ten (10%) percent of the contract amount in the currency stated in the contract), which represents the deposit required of the Contractor to guarantee fulfillment of his obligations for the satisfactory completion and timely performance of the work under Contract No. (insert contract number) for (insert description of services and location), in strict compliance with the terms, conditions and specifications of said contract entered into between the United States of America by the U.S. Department of Navy, Naval Facilities Engineering Command Europe Africa Southwest Asia and the Contractor (insert name of Contractor) on (insert contract date), plus legal interest to be calculated from the date of receipt of the registered letter of request by the Contracting Officer to the date of actual payment, without any need for the Contracting Officer to take any legal action or obtain the prior consent of the Contractor, or for any other proof, action or decision by any other authority. The request by the Contracting Officer shall simply inform the Bank that the Contractor failed to comply with the terms and conditions of the contract, or did not fulfill his undertaking in whole or in part.

I/We agree and consent that said contract may be modified by change order or supplemental agreement affecting the amount or the period of performance of the contract without prior consent of the Bank and without affecting the validity of this guarantee; provided, however, that the amount of this guarantee shall remain unchanged.

This letter of performance guarantee will continue in effect without change in amount or terms until one year after the work has been finally accepted by the Government through its Contracting Officer’s legal representative.

(BANK NAME & ADDRESS) (CONTRACTOR NAME & ADDRESS)

Signed by: Signed by:

(Typed name) (Typed name)

(Title) (Title)

(This Performance Guarantee shall be accompanied by a notarized document authenticating the bank agent’s authority to sign the letter of performance guarantee for the bank company.)

CLAUSES INCORPORATED BY REFERENCE

52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

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 Michelle Gooden; michelle.gooden@navy.mil.

(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)

(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) A Site Visit & Pre-Proposal Conference will be scheduled for 18 March 2014, at 10:00 a.m., Central European Time (CET).

Accordingly, offerors are urged and expected to inspect the site where the work will be performed. Proposers who wish to attend the Site Visit to inspect the site and/ or attend the Pre-Proposal Conference must contact Michelle Gooden at michelle.gooden@navy.mil. Additionally, arrangements must be made for a required temporary access pass. Offerors are limited to two representatives. The point of contact for the access pass is Maurizio Zorat at Maurizio.zorat.ln.asc@mail.mil. In order to obtain a pass, the following information is required: Name and company name. Please provide the above information no later than 2:00 p.m. Central European Time (CET) on 12 March 2014. For additional information, please contact Mr. Maurizio Zorat at Maurizio.zorat.ln.asc@mail.mil or 39-335-848-2571 or Ms. Jennifer Reece at Jennifer.m.reece6.civ@mail.mil or 39-335-574-9995.

All prospective offerors are highly encouraged to attend the Site visit and Pre-Proposal Conference. In order to make the conference as productive as possible, offerors are requested to submit, two days prior to the pre-proposal conference, any pre-proposal inquiries they may have in writing to Michelle Gooden at michelle.gooden@navy.mil.

Failure of a prospective offeror to attend the conference 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 or the purpose of explaining the concepts involved in the project and the specifications, terms, and conditions of this solicitation.

No minutes of this meeting will be issued. All prospective offers 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 acknowledgement and receipt of any such amendment shall be applicable.

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):

http://farsite.hill.af.mil

(End of provision

Section 00600 - Representations & Certifications

52.204-8 Annual Representations and Certifications JAN 2014

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)

(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…