N62470-17-R-5013_Amendment_0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to extend the proposal due date to 04 January 2018.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 07-Dec-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6247017R5013

X 9B. DATED (SEE ITEM 11)

13-Oct-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

07-Dec-2017

CODE

NAVAL FACILITIES ENGINEERING COMMAND

ATLANTIC DIVISION

6506 HAMPTON BLVD

NORFOLK VA 23511

N62470 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6247017R5013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 12-Dec-2017 02:00 PM to 04-Jan-2018 02:00 PM.

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTIONS TO OFFERORS

List of Attachments:

(A) Access Request Form

(B) Base Access Roster

(C) CJTF-HOA Base Access Request Questionnaire

(D) Pre-Proposal Inquiries Submittal Form

(E) One Day Pass Request form – Visitor Pass Request Form

(F) Construction Experience Project Data Sheet

(G) Past Performance Questionnaire

(H) Schedule B

(I) Drawings and Specifications

1. OVERVIEW OF THIS SOURCE SELECTION:

This solicitation is conducted as a negotiated procurement utilizing procedures in accordance with FAR Part 36.2.

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 non-price 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 contract for construction services. The statutory cost limitation is $32,250,000.

The contract completion time is 820 calendar days after notice to proceed.

The Government intends to award a contract to a single contractor for CLIN 0001, with CLIN 0002 as priced option and CLIN 0003 as a planned modification. The Government reserves the unilateral right to award the Option (CLIN 0002) to the contractor at least six months prior to the contract completion date. Offerors must submit a price for each of the CLINs numbered 0001 - 0003. Offerors not submitting pricing for all CLINS will be considered nonresponsive to the solicitation and will not be evaluated. Offerors must submit a price for CLIN 0001 at or below the budget amount to be eligible for award.

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. SITE VISITS

Refer to clause 52.236-27 -- Site Visit (Construction) for information about site visits.

3. ELIGIBILITY FOR AWARD

SYSTEM FOR AWARD MANAGEMENT

To be eligible for award, your firm(s) must be registered in the System for Award Management (SAM) database as required as required by FAR 52.204-7, System for Award Management (Jul 2013).

See Section 00100 and the following:

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 currently registered in SAM must 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.

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

4. INQUIRIES, PROPOSAL FORMAT AND DUE DATE

All inquiries regarding the Request for Proposal (RFP) shall be submitted electronically to Ms. Erica Walker (Phone (757)322- 8103) by e-mail at erica.s.walker@navy.mil. Offerors are requested to use the Pre-Proposal Inquiries submittal Form (Attachment D).

The Government does not intend to respond to inquiries submitted less than 10 calendar days before the proposal receipt date.

Proposals shall be delivered to:

Commander Naval Facilities Engineering Command, Atlantic Mailroom Bldg A ATTN: ACQ34 Erica Walker 6506 Hampton Blvd Norfolk, VA 23508

All SUBMITTALS SHALL BE RECEIVED PRIOR TO 2:00 PM (EST), THURSDAY, 04 JANUARY 2018.

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.

SUBMISSION REQUIREMENTS:

PAGES THAT EXCEED THE PAGE LIMITATIONS SHALL NOT BE EVALUATED.

Non-Price Factors: Offeror shall submit one (1) original, marked “Original”, 2 CDs and four (4) hard copies, each in a separate binder with the following characteristics:

- 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.

- The non-price proposal should only include information in response to Factors 1, 2, 3, and JV agreement (if applicable). Specific page limitations and Solicitation Submittal Requirements are specified in each Factor.

PAGES THAT EXCEED THE PAGE LIMITATIONS SHALL NOT BE EVALUATED.

Special Joint Venture (JV) Requirements:

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.

1. 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.

2. 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.

Price:

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

_ SF-1442, signed and all Amendments (SF30s) Acknowledged _ Completed Schedule B (Att (H) – Offerors should submit prices on the provided Schedule B only _ Documents establishing the Contractor’s responsibility as outlined in the paragraph below _ 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

_Copy of Representation and Certifications from SAM _The price proposal should only contain information in response to price

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 submissions, 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 the offeror transacts business.

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

5. HAND DELIVERIES OF PROPOSALS

All visitors to NAVFAC Atlantic who do not have a CAC badge must have a background check run by the Naval Station Pass & ID office (Security Department at Commander, Naval Region Mid-Atlantic) and be issued a temporary DBIDS (Defense Biometric Identification System) visitor pass.

Visitors who do not have a CAC badge must complete the attached Visitor Access Pass Request form (Excel spreadsheet (Att. (E)). Visitors must complete and forward the form directly to the following personnel in the security department via email:

1. Iris Gholston, 757-322-8116, iris.gholston@navy.mil

2. Robert Hernandez, 757-322-8044, robert.hernandez3@navy.mil

3. Steven K. Anderson, 757-322-8115, steven.k.anderson@navy.mil

Visitors must complete and provide the attached form to the security department at least five working days prior to their scheduled meeting date to allow ample time to process and complete the background check.

Commercial couriers such as FEDEX, DHL or UPS follow the same visitor procedures listed above and they are required to have a background check if they do not have a CAC badge. Commercial couriers must also have their vehicle inspected at location listed in the attached LRA commercial vehicle inspection procedures prior to accessing the LRA.

Firms should check with their intended courier to ensure they have the proper identification credentials to access the LRA.

DBIDS passes must be picked up by the approved visitor from the Naval Station Pass and ID Office located at the following address prior to visiting NAVFAC Atlantic on LRA:

Address: Naval Station Pass and ID Office 9040 Hampton Blvd Norfolk, VA 23505 Telephone Number: 757-322-2975 Hours of Operation: 0700 -1530 on Monday through Friday

6. EVALUATION FACTORS FOR AWARD

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

Non-Price Evaluation Factors:

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

The distinction between corporate experience and past performance is that corporate 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.

2. The relative order of importance of the non-price evaluation factors is the technical factors (Experience & Safety) are of equal importance to each other and, when combined are equal in importance to the past performance evaluation/performance confidence assessment factor. When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non- price evaluation factors) are approximately equal to price.

The importance of price will increase if the Offerors’ non-cost/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-cost/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-cost/price factors considered.

(a) Price:

(1) Solicitation Submittal Requirements: Offeror shall submit one (1) marked “Original,” one (1) copy and one (1) CD, each in a separate three-ring binder with the following:

-SF-1442, signed and all Amendments (SF30s) Acknowledged -Completed Schedule B (Att (H) – Offerors should submit prices on the provided Schedule B only -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 -Copy of Representation and Certifications from SAM -Required Contractor Responsibility documentation

(2) Basis of Evaluation: The Government will evaluate price based on the total price. Total price consists of the basic requirements and planned modification item (see Section 00010 of the solicitation). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

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

(ii) Comparison of proposed prices with the IGCE.

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

(iv) Comparison of market survey results.

(b) Non-price Factors:

(1) Factor 1 Experience:

(i) Solicitation Submittal Requirements: The Offeror shall submit a maximum of five (5) relevant construction projects for the Offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as: 1) a new construction project, and 2) featuring construction of at least a single new building that is a minimum of 25,000 square feet.

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 shall not be submitted as a project;

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

The attached Construction Experience Project Data Sheet (Att. (F)) is MANDATORY and MUST be used to submit project information to demonstrate construction experience. 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). Failure to do so may result in a project being found non-relevant.

If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have experience, projects should be submitted for each Joint Venture partner. Projects may be submitted for any joint venture partner; however, offerors who fail to submit experience for each joint venture partner may be considered less favorably. 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 the manner in which the affiliate/subsidiary/parent/LLC/LTD member firm will have meaningful involvement in the performance of the contract for the experience information of the affiliate/subsidiary/parent/LLC/LTD member companies to be considered. The proposal shall state specific commitments of technical resources (e.g. personnel, equipment) that the affiliate/subsidiary/parent/LLC/LTD member companies will commit to the performance of this contract. In particular, the proposal will clearly state the specific commitments of resources of the affiliate/subsidiary/parent/LLC/LTD member that will be located at the worksites and company offices in the city/area of the project. The proposal shall also describe specific roles of the affiliate/subsidiary/ parent/LLC/LTD member companies in terms of the work it will either self-perform or manage on behalf of the Offeror in performance of the contract.

The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offeror must provide a signed letter of commitment from the subcontractor and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract. Substitution of subcontractor(s) shall be avoided to the maximum extent possible, and any proposed substitutions shall have verifiable, equivalent experience to the subcontractor being replaced.

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

The Offeror may be considered more favorably if:

1. Relevant projects that demonstrate construction experience with medical clinics or hospital buildings may be considered more favorably than those that have do not have medical construction experience.

2. Relevant projects that demonstrate construction experience in logistically challenging areas may be considered more favorably than those that do not have construction experience in logistically challenging areas. Logistically challenging areas are defined as location possessing unskilled local labor and significant challenges concerning mobilization of labor, materials, and equipment.

3. Relevant projects that demonstrate construction experience performed for the U.S. Government may be considered more favorable than those that do not.

4. Relevant projects that demonstrate construction experience performed as a prime contractor versus a subcontractor may be considered more favorable than those that are not.

(2) Factor 2, Safety.

(i) Solicitation Submittal Requirements: The Offeror shall submit the following information:

(For a partnership or joint venture, the following shall address each contractor who is part of the partnership or joint venture; only one safety narrative is required.) 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, 8 ½ x 11 page size (e.g., one (1) double-sided page plus one (1) single-sided page; or three (3) single-sided).

(ii) 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 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 Offeror’s technical approach to safety and other sources of information available to the Government. The Government will also 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.

Finally the evaluation of the Offeror’s safety narrative will consider any innovations proposed to determine the degree to which they may enhance safety on this procurement. Those Offerors whose plans demonstrate a commitment to hire subcontractors with a culture of safety and who propose innovative methods to enhance a safe working environment may be given greater weight in the evaluation.

(3) Factor 3, Past Performance:

(i) Solicitation Submittal Requirements: The Offeror shall submit the following information:

If a completed Construction Contractor Appraisal Support System (CCASS) or Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 1 - Experience. AN OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CCASS OR CPARS IS AVAILABLE. If there is not a completed CCASS or CPARS evaluation then the offeror must submit

Past Performance Questionnaires (Att. (G)) for each project included in Factor 1 - Experience. The Offeror should provide completed Past Performance Questionnaires (PPQ) 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. Erica Walker at Erica.s.walker@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. Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being considered less qualified.

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. Such 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.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

(ii) Basis of Evaluation: This evaluation focuses on how well the Offeror performed on the relevant, recent projects submitted under Factor 1 – Experience and past performance on other projects currently documented in known sources. More emphasis will be placed on more relevant projects. 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 also evaluate the degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and information obtained from any other source) reflect a trend of satisfactory performance considering:

- A pattern of successful completion of tasks;

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

- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.);

- Recency of tasks performed that are identical to, similar to, or related to the task at hand; and

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

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 a Neutral Confidence rating.

7. PERFORMANCE GUARANTEE / BOND

PERFORMANCE GUARANTEE (replaces FAR 52.228-15, NFAS 5252.228-9305, and NFAS 5252.228-9306.)

Ten-Percent (10%) PERFORMANCE GUARANTEE The Offeror whose offer/proposal is accepted shall provide, within ten (10) days after award, either (1) a notarized Performance Guarantee letter or (2) Performance and Payment Bonds conforming to the requirements below. If the Offeror fails to provide either (1) a Performance Guarantee letter or (2) 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 that exceeds the amount of its offer.

Form of Performance Guarantee Letter. 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.)

Performance and Payment Bonds. In lieu of a performance guarantee letter in the above stated form, the Contractor may submit performance and payment bonds in which the Contractor and the surety obligate themselves in the amount of ten percent (10%) of the contract price, that the Contractor shall undertake the performance of the contract, shall make all required payments to subcontractors, and that said performance and payment bonds ensure the fulfillment of all agreements contained in the contract.

a. The bonds shall be from a registered bank, bonding firm, or registered insurance firm approved by the Contracting Officer.

b. The bonds shall be of the U. S. standard type or of another approved type and shall include the following concepts: (1) name of Surety and name of agent signing in behalf of Surety; (2) name of Principal; (3) a statement that the Principal and Surety are firmly bound on the United States of America in the penal sum of the bond; (4) Contract number; (5) Penal sum of bond and the statement "This bond will be in force until the Contracting Officer of the above-cited Contract authorized cancellation of the bond"; and (6) date of issuance of bond and signature of Surety's agent.

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