N6247020R4003 Solicitation.pdf

MILCON PROJECT P130, COMMUNICATIONS STATION, NAVAL AIR STATION SIGONELLA, ITALY

TIME AND DUE DATE FOR PROPOSALS IS LISTED IN BLOCK 13 & IN SECTION 00 21 00 INSTRUCTIONS TO BIDDERS

SEE SECTION 00 21 00 INSTRUCTIONS TO BIDDERS FOR BASE ACCESS PROCEDURES FOR DELIVERY OF PROPOSALS

SEE SECTION 00 21 00 INSTRUCTIONS TO BIDDERS FOR SITE VISIT INFORMATION

OFFERORS ARE ADVISED THAT FUNDING MAY NOT BECOME AVAILABLE, IF FUNDS ARE NOT AVAILABLE, NO AWARD WILL BE MADE AS

A RESULT OF THIS SOLICITATION

OFFERORS WILL NOT BE REIMBURSED FOR ANY EFFORT OR PROPOSAL COSTS RESULTING FROM THIS SOLICITATION

ANNA S. BELLINGER 757-322-4920

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

06-Jul-2020

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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 ________1710 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 __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Aug 2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

C. All of fers 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

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

N6247020R4003 56

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 specified 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

N6247020R4003

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each P130 Communications Station, Italy

FFP

Price for the entire work for MILCON Project P130 Communications Station at NAS Sigonella, Italy, in accordance with specifications and drawings, but excluding work described in Contract Line Item Number (CLIN) 0002 and CLIN 0003. Work Order # 799152.

FOB: Destination

NET AMT

0002 Each Option Item No. 1 - Demolition of Bldgs

FFP

Price for demolition of buildings numbers 581, 585, 580, 579, 750, 585TR2, 585TR1, 580TR4, 580TR3, 580TR2 and 580TR1, in accordance with specifications and drawings, but excluding work described in CLIN 0001 and

CLIN 0003.

0003 Each Planned Modification Item 1 - FF&E

FFP

Price to procure and supervise installation of the Furniture, Fixtures, and Equipment (FF&E) complete in accordance with the plans and specifications for the project and in accordance with the following schedule, but excluding work described in CLIN 0001 and CLIN 0002.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

Section 00 21 00 - Instructions

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

1. GENERAL

1.1 GENERAL OVERVIEW OF PROCUREMENT PROCESS

1.2 GENERAL OVERVIEW OF CONTRACT SCOPE

2. BASIS FOR AWARD

3. EVALUATION FACTORS FOR AWARD

4. PROPOSAL REQUIREMENTS

4.1 PRE-PROPOSAL CONFERENCE AND SITE VISIT

4.2 PROPOSAL SUBMISSION INSTRUCTIONS

4.3 PRE-PROPOSAL INQUIRIES

4.4 CONTRACT OPPORTUNITIES

4.5 INCORPORATION OF TECHNICAL PROPOSALS

5. ATTACHMENTS: Will be located on Contract Opportunities under additional documents.

5.1 PRE-PROPOSAL INQUIRY FORM (ATTACHMENT A)

5.2 SEC-NAV_5512_1_11787 FORM (ATTACHMENT B)

5.3 CONSTRUCTION AND DESIGN EXPERIENCE PROJECT DATA SHEET (ATTACHMENT C)

5.4 PAST PERFORMANCE QUESTIONNAIRE (ATTACHMENT D)

5.5 SCHEDULE B PRICE PROPOSAL FORM (ATTACHMENT E)

5.6 LRA COMMERCIAL VEHICLE INSPECTON PROCEDURES (ATTACHMENT F)

5.7 SPECIFICATIONS (4 TOTAL) (ATTACHMENT G)

5.8 DRAWINGS (35 TOTAL) (ATTACHMENT H)

1. GENERAL

1. 1 GENERAL OVERVIEW OF PROCUREMENT PROCESS

1.1.1 This acquisition is being issued on an UNRESTRICTED basis with full and open competition, as a Design

Bid-Build procurement conducted as a negotiated procurement utilizing procedures in accordance with FAR Parts 15 and 36. The best value continuum source selection process used in this acquisition is the tradeoff process. This process allows for a tradeoff between non-price factors (i.e., Corporate Experience, Safety, and Past Performance) and price, and allows the Government to accept other than the lowest priced proposal or other than the highest technically rated proposal to achieve a best-value contract award. 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.

1.1.2 The appropriate Northern American Industry Classification System (NAICS) code for this procurement is 236220 and the size standard is $39.5M.

1.1.3 This acquisition will be advertised utilizing FAR Part 15 – Contracting by Negotiation and FAR Part 36 –

Construction and Architect-Engineer Contracts.

1.1.4 This acquisition will result in a firm fixed price contract for Design-Bid-Build construction services. In accordance with FAR 36.205, the statutory cost limitation is $69,000,000 USD for P130 Communications

Station at Naval Air Station Sigonella, Italy. Award will be made in U.S. Dollars. Statutory cost limitation applies to CLINs 0001 - 0002.

1.1.5 The contract completion time for P130 is 1,710 days from Notice to Proceed.

1.2 GENERAL OVERVIEW OF CONTRACT SCOPE

1.2.1 This project is a Design-Bid-Build, Firm Fixed Price contract for construction of the P130 Communications

Station at NAS Sigonella, Italy. The 6,607 square meter facility consolidates and demolishes existing satellite and telecommunications facilities for U.S. Naval Computer and Telecommunications Station Sicily Command. The Communication Center will include telecommunication spaces such as a data center and watch floor, administrative and support spaces, equipment/operational spaces with open architecture, building entries for telecommunications cables (underground vaults), communication maintenance/training spaces, showers, toilets, warehouse and storage spaces.

This project includes an option item for demolishing buildings 581, 585, 580, 579, 750, 585TR2, 585TR1, 580TR4, 580TR3, 580TR2 and 580TR1 for a total of 2,408 sq. meters of existing buildings.

The site is located within a 100-year flood hazard area. Earth borrow material will be used in the building and parking areas to raise the facility above the flood hazard elevation.

Site-related improvements at the new building site consist of a parking lot in front of the building with 182 parking spaces, a service drive in the rear of the building, and other site appurtenances.

1.2.2 Contractor Performance Information: Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website: http://www/cpars.gov. Prior to commencement of work the contractor is required to provide the Government with the name, phone number and email address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government in the appropriate system. It is the contractor’s responsibility to keep this contract information current.

2. BASIS FOR AWARD

2.1.1 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 – the proposal most advantageous to the Government, price and other factors considered.

2.1.2 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. Proposals must set forth full, accurate and complete information as required by this Solicitation (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. §1001. Therefore, each initial offer should contain the best terms from a technical, cost and price standpoint.

2.1.3 The tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror.

2.1.4 Factor-2, Safety will only be rated Acceptable or Unacceptable. If an offeror is rated Unacceptable for any factor, they will not be eligible for award, unless the deficiency(ies) is/are remedied through discussions (if held).

For the firms found Acceptable on Factor 2-Safety, the relative order of importance of the non-price evaluation factors is the technical factor (Factor 1-Corporate Experience) is of equal importance to the past performance (performance confidence assessment) Factor. When the proposal is evaluated as a whole, the technical factor and past performance (performance confidence assessment) factor combined (i.e., the non-price evaluation factors) are approximately equal to price.

2.1.5 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 (if held).

Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal. The evaluation report must document the evaluation board’s assessment of the identified weakness(es) and the associated risk(s) to successful contract performance resulting from the weakness(es). This assessment must provide the rationale for proceeding to award without discussions.

2.1.6 The Government intends to award a contract to a single contractor for CLIN 0001 with CLIN 0002 as a priced option, and CLIN 0003 as a planned modification. The Government reserves the unilateral right to award CLIN 0002 to the Contractor at the proposed price at the time of award or within 180 calendar days after the contract award. The Government is not obligated to award the planned modification line item. Should the Government choose to award the planned modification; the line item will be awarded as a negotiated modification to the contract. A firm fixed proposed price is required for CLIN 0001 through CLIN 0003. No provision is made for economic price adjustment. Offerors not submitting pricing for all CLINs will be considered nonresponsive to the solicitation and will not be evaluated.

2.1.7 The Government intends to issue the Solicitation through the Internet at www.beta.sam.gov. All prospective offerors MUST register themselves on the website. All contractors are encouraged to attempt downloading the documents prior to obtaining the solicitation through alternate sources. Many firms and commercial printing services have the capability to print the solicitation package and plan-holder’s list from the Internet, if necessary. The official plan-holder’s list will be created by registration and will be available from the website only. Amendments will also be posted on the website for downloading. This will be the normal method for distributing amendments; therefore, it is the offeror’s responsibility to check the website periodically for any amendments to this solicitation.

2.1.8 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 (Oct 2016).

See Section 00100 and the following:

Note that the System for Award Management (SAM) registration 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).

(b) Non-U.S. (foreign) offerors ONLY, including JV: Non-U.S. offerors must obtain a NATO CAGE (NCAGE) Code instead of a CAGE Code prior to registering in the SAM database. NCAGE codes may be obtained at the NCAGE website https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

IMPORTANT NOTICE: If the offeror is registering a new entity in SAM.gov, the offeror must follow new procedures, which include providing an original, signed notarized letter indicating authorized entity Administrator for the entity associated with the DUNS number before a new SAM.gov entity registration will be activated.

IT IS HIGHLY RECOMMENDED FOR THE NEW REGISTRANTS TO CHECK WITH SAM.GOV HELPDESK

DIRECTLY TO ENSURE THAT ALL REQUIREMENTS FOR TIMELY REGISTRATION ARE MET.

2.1.9 CERTIFICATE OF CLASSIFICATION:

SOCIETÀ ORGANISMI DI ATTESTAZIONE (SOA) CERTIFICATION.

To be eligible for award, Offerors must hold, at the time of proposal submission, an updated certificate of classification issued by the Societa’ Organismi d’Attestazione that meets or exceeds the following categories. All SOA Certificates must be included with the Price Proposal.

Societa’ Organismi d’Attestazione (S.O.A.) (Qualifying Agencies) work categories for this project in accordance with Italian D.P.R. 34/00 (Decreto del Presidente della Republica 25 febbraio 2000, n.34).

The Prevailing Work Category: OG-1 VIII

The related classifications (sub-categories) for this work category: None

All Additional Work Categories other than the Prevailing Category (as required).

First Additional Work Category OG-11 VIII

The related classifications (sub-categories) for this work category:

Classification OS-19 IV bis

Second Additional Work Category: None

Companies that are QUALIFIED in the Prevailing Work Category and pertinent Classification, but NOT QUALIFIED also in the Additional 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 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 prime offeror, at least one member of the JV must have the required SOA Certifications for the Prevailing Work Category. 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 for the Prevailing Work Category.

As required by DPR 554, art 75 and DPR 412 /2000, Contracting Officer shall require the apparent successful bidder/offeror to submit additional documentation, upon Contracting Officer’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

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

Contracting Officer shall review Contractors’ 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.

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.

2.2.1 ANTI-MAFIA LAW:

Pre-Award Effect of 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 all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No.

629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other antimafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the Government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.

Subcontractors: ALSO, the offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.

Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree

no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the Contractor's right to proceed with the work under the "Default" clause of this contract.

Documentation Requirements: Contractor shall submit the following:

The offeror SHALL include a “self-declaration” in accordance with DPR 445/2000, stating that “pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract.”

This documentation is to be included in your Price Proposal.

2.2.2 ENGLISH SPEAKING REPRESENTATIVE:

At all times when any performance of the work at the site is being conducted by any employee of the Contractor or its subcontractors, the Contractor shall have a representative present on the site capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities, and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

2.2.3 PERFORMANCE GUARANTEE:

PERFORMANCE GUARANTEE

Ten-Percent (10%) PERFORMANCE GUARANTEE

Submittal Time: The offeror whose offer is accepted shall, within ten (10) days after award, furnish either (1) a Performance Guarantee and a notarized Performance Guarantee Letter conforming to the requirements below, or (2) Performance and Payment bonds conforming to the requirements below. If the offeror fails to provide either (1) a Performance Guarantee and a notarized Performance Guarantee Letter or (2) Performance and Payment Bonds within ten (10) days, the contract may be terminated for default. In such event, the offeror shall be liable for any cost of procuring the work which exceeds the amount of its offer and the bid guarantee shall be available toward offsetting such difference. Clauses 52.228-2, 52.228-11 and 52.228-15, listed in Section 01 00 00 – General Requirements below, will apply only if the offeror elects to submit payment and performance bonds, rather than a notarized performance guarantee, with their proposal.

Form of Performance Guarantee: The Performance Guarantee shall be an amount equal to ten percent (10%) of the amount of the contract and shall be deposited into a banking institution, as acceptable to the Contracting Officer, which will then issue an irrevocable letter guaranteeing (the “Performance Guarantee Letter”) the payment of the amount deposited to the United States Government, upon demand by the Contracting Officer. Demand may 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. 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 concurrently.

Upon acceptance of all work by the Government, however, the Contractor may, with the approval of the Contracting Officer, replace this guarantee with a reduced guarantee in the amount of four percent (4%) of the then existing contract price, with modifications, if any. Such replacement guarantee will then remain in effect for one (1) year after the final acceptance of the work 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.)

Optional Performance and Payment Bonds: In lieu of a performance guarantee, the offeror may submit Performance and Payment Bonds in which the offeror and the surety obligate themselves in the amount of one hundred percent (100%) of the contract price, that the offeror shall undertake the performance of the contract if it receives award, shall make all required payments to subcontractors, and that said Performance and Payment Bonds ensure the fulfillment of all agreements contained in the contract. To be considered for acceptability, the offeror(s) shall submit Performance and Payment Bonds that meet the following requirements:

(a) The bonds shall be furnished within 10 days after receipt of award and shall each be in a penal sum equal to 100% of the contract price;

(b) The bonds shall be from a bank or other financial institution, either of which must first be approved by the Contracting Officer; and

(c) The bonds shall be of the U.S. standard type or of another type approved by the Contracting Officer 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.

Contract Timing: Regardless of when performance and payment bonds or the Performance Guarantee and Performance Guarantee Letter are provided, the contract time for purposes of fixing the completion date, default, and liquidated damages shall begin to run 1,710 days from the notice to proceed.

3. EVALUATION FACTORS FOR AWARD

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

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

The distinction between experience and past performance is that experience pertains to the 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.

Factor-2, Safety will only be rated Acceptable or Unacceptable. If an offeror is rated Unacceptable for any factor, they will not be eligible for award, unless the deficiency(ies) is/are remedied through discussions (if held).

For the firms found Acceptable on Factor 2-Safety, the relative order of importance of the non-price evaluation factors is the technical factor (Factor 1-Corporate Experience) is of equal importance to the past performance (performance confidence assessment) Factor. When the proposal is evaluated as a whole, the technical factor 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-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.

3.2.1. 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 minimum of two (2) up to a maximum of five (5) construction projects that best demonstrate experience on relevant projects that are similar in size, scope and complexity to the RFP. Projects submitted must have been completed within the past ten (10) years from the date of issuance of this RFP. To ensure a project is considered "complete," the documentation should demonstrate delivery of a final deliverable to the client.

For the purposes of this evaluation, a relevant project is further defined as new construction (not renovation) of a multi-story (minimum of two full stories) office or industrial building with a minimum floor area of four-thousand (4000) square meters (SM), constructed with reinforced concrete. Lofts and mezzanines are not considered full stories and cannot be relied upon to meet the “multi-story” requirement.

A project is defined as a construction project performed under a single task order or standalone 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 & Design Experience Project Data Sheet (Attachment C) 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). 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). In addition, the description should also 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.

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 shared relevant experience, projects may be submitted for the Joint Venture members. Offerors who fail to submit relevant experience for all Joint Venture members may be rated lower. Offerors are still limited to a total of five (5) projects combined. (Please see the Price Proposal submittal requirements for additional documentation required of JV offerors.)

If an offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442) (“Affiliates”), in order to be credited for the proposed Affiliate’s experience, the proposal shall clearly demonstrate how the Affiliate will have meaningful involvement in the performance of the contract. General statements of availability may not be sufficient; the explanation must demonstrate what specific resources (e.g. personnel, equipment, etc.) the proposed Affiliate will commit and which areas of performance they will support. More weight may be given to the offeror’s projects than to those submitted for Affiliates.

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. In order to be credited for proposed subcontractor’s experience, the offeror must provide a letter of commitment from the proposed subcontractor with an explanation of the meaningful involvement that the subcontractor will have in performance of this contract.

General statements of availability may not be sufficient; the explanation/letter must demonstrate what specific resources (e.g. personnel, equipment, etc.) the proposed subcontractor will commit and which areas of performance they will support. More weight may be given to the offeror’s projects than to those submitted for subcontractors.

(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. Only projects that meet the relevance standards will be considered, and the offeror must submit at least two (2) relevant projects to be deemed acceptable. The Government will only review five projects. Any projects submitted in excess of five (5) for Construction Experience will not be considered.

The offeror may be considered more favorably in the following circumstances:

• Offerors demonstrating relevant projects contracted with the United States Department of Defense may be considered more favorably than offerors who do not demonstrate this experience.

• Offerors demonstrating relevant projects that are constructed in Italy may be considered more favorably than offerors who do not demonstrate this experience.

• Offerors demonstrating relevant projects that contained data centers in accordance with TIA-942-A - Telecommunications Infrastructure Standard for Data Centers or comparable specification may be considered more favorably than offerors who do not demonstrate this experience.

• Offerors demonstrating relevant projects that demonstrate experience with utilized ground improvement methods similar to preloading and wick drain utilization may be considered more favorably than offerors who do not demonstrate this experience.

• Offerors demonstrating relevant projects completed by the prime offeror may be considered more favorably than offerors who rely more heavily on experience by Affiliates and/or subcontractors.

Factor 2 - Safety:

(a) Solicitation Submittal Requirements:

The offeror shall submit the following information: (For a partnership or joint venture, only one safety narrative is required, but it must address each contractor who is part of the partnership or joint venture.)

Technical Approach to 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 methods that the offeror will employ to ensure and monitor safe work practices at all subcontractor levels. The Safety Narrative, which shall include all information requested in this paragraph, shall be limited to three single-sided pages, (i.e., one (1) double-sided page plus one (1) single-sided page; or three (3) single-sided pages).

(b) Basis of Evaluation:

The Safety Factor will be rated on an Acceptable/Unacceptable basis.

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 technical approach to safety for its employees, as well as its plan to select and monitor subcontractors. The Government may consult additional sources of information for evaluating safety including, but 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 Safety Factor will be rated on an Acceptable/Unacceptable basis.

Factor 3 - Past Performance:

(a) Solicitation Submittal Requirements:

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 1 for Construction Experience. If there is not a completed CPARS evaluation then submit Past Performance Questionnaires (Attachment D) for each project included in Factor 1 for Construction Experience. An offeror shall not submit a Past Performance Questionnaire (PPQ) when a completed CPARS is available.

When using PPQs, the offeror should provide completed PPQs in the proposal. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Anna Sarah Bellinger via email at anna.bellinger@navy.mil.

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 Government activity or facility tenant for a project(s) before proposal closing date, the offeror shall complete and submit with the proposal the first page of the PPQ, filling in 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.

Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 1 – Corporate 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.

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

Performance award, letters of commendations or additional information submitted will not be considered.

(b) Basis of Evaluation:

This evaluation will consider how well the offeror’s team performed on the relevant projects submitted under Factor 1 – Corporate Experience and may also consider past performance on other projects currently documented in known sources. For purposes of this evaluation, relevance will be evaluated based on the recency/size/scope/complexity parameters described in Factor 1.

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

In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available or so sparse that no meaningful assessment can be performed, the offeror may not be evaluated favorably or unfavorably on the factor of past contract performance (see FAR 15.305(a)(2)(iv).) In this case, the offeror’s past performance is unknown and assigned a performance confidence rating of “neutral.” Although the Government may not rate an offeror that lacks recent, relevant past performance favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating is worth more than a “Neutral Confidence” past performance rating in a best value tradeoff.

Price:

(a) Solicitation Submittal Requirements:

The offeror shall submit one (1) printed original, marked “Original”, one (1) printed copy, marked “Copy”, each in a separate three-ring or four-ring binder, and one (1) electronic copy (CD format) with the following:

• Include a cover page with Solicitation Number, Solicitation Title, Prime Contractor Name, Address, Phone Number, Fax Number, DUNS, Cage Code, Point of Contact, Phone Number, and E-mail Address;

• Completed SF-1442 signed with all amendments acknowledged;

• Completed Schedule B, Price Proposal Form;

• Copy of Representation and Certifications from System for Award Management (SAM);

• Required Responsibility Determination Information;

• Anti-Mafia Certification;

• Societa’ Organismi d’Attestazione (SOA) Certification(s); and

• If the prime offeror is a JV, provide a copy of the JV Agreement as well as any legal document that establishes the JV.

The offeror is required to submit a complete Price Proposal Form that includes completion of all contract line item numbers (CLINs).

ADDITIONAL INFORMATION TO BE SUBMITTED WITH PRICE PROPOSAL PACKAGE:

RESPONSIBILITY DETERMINATION INFORMATION - In order to be eligible for award, the offeror must be determined responsible in accordance with FAR Part 9, specifically 9.104-1, General Standards. 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:

In a separate Tab, in the English language, the offeror shall provide the following information in the price proposal package:

1. One (1) Signed Bank Reference demonstrating adequate financial resources. If offeror’s firm has a line of credit – provide information on how many figures offeror can borrow against the line of credit (i.e. medium 6 figures – exact line of credit is not required).

2. The offeror shall provide the latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization.

Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract.