N6247020R4011.pdf

DESIGN-BUILD (DB) DESIGN-BID-BUILD (DBB), INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) MULTIPLE AWARD CONSTRUCTION

CONTRACT FOR PROJECTS, PRIMARILY LOCATED AT ROTA, SPAIN AND WORLDWIDE

REBECCA V. DOUGLAS 757-322-4704

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

23-Dec-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 _______ calendar days and complete it w ithin ________ calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________52.211-10

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 specified in Item 8 by ___________ local time ______________26 Jan 2021 (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

02:30 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

N6247020R4011 66

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

N6247020R4011

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 500,000,000 Each

ROTA SPAIN MACC

FFP

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract with no preestablished fixed contract prices. The actual amount of work of be performed and the time of such performance will be determined by the Contracting Officer or his/her properly authorized representatives, who will issue Task Order Requests for Proposal to MACC awardees. Award of task orders will be on a firm fixed price basis. The effective period of the resultant contract will be a Base Period plus seven (7) possible one-year option periods, or a total aggregate MACC value not to exceed $500,000,000 whichever occrus first.

FOB: Destination

MAX

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

TABLE OF CONTENTS

1. GENERAL

1.1 NOTICE TO OFFERORS

1.2 GENERAL OVERVIEW OF PROCUREMENT PROCESS

1.3 GENERAL OVERVIEW OF CONTRACT

2. GENERAL OVERVIEW OF THE SEED PROJECT

3. BASIS FOR AWARD

4. EVALUATION FACTORS FOR AWARD

5. PROPOSAL REQUIREMENTS

5.1 PRE-PROPOSAL SITE VISIT

5.2 PROPOSAL SUBMISSION INSTRUCTIONS

5.3 PRE-PROPOSAL INQUIRIES (PPIs)

5.4 CONTRACT OPPORTUNITIES

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

A) PRE-PROPOSAL INQUIRY FORM

B) SEC-NAV_5512_1_11787 FORM

C) CONSTRUCTION AND DESIGN EXPERIENCE PROJECT DATA SHEET

D) PAST PERFORMANCE QUESTIONNAIRE

E) SCHEDULE B PRICE PROPOSAL FORM (P811 – Seed Project)

F) LRA COMMERCIAL VEHICLE INSPECTON PROCEDURES

The following attachments relate to P811 – Seed Project

G) P811 SEED PROJECT TASK ORDER GENERAL REQUIREMENTS

(H) 1561956spc1of2

(H) 1561956spc2of2

(J) 1561956dwg01of19

(J) 1561956dwg02of19

(J) 1561956dwg03of19 (J)1561956dwg04of19

(J) 1561956dwg05of19

(J) 1561956dwg06of19

(J) 1561956dwg07of19

(J) 1561956dwg08of19

(J) 1561956dwg09of19

(J) 1561956dwg10of19

(J) 1561956dwg11of19

(J) 1561956dwg12of19

(J) 1561956dwg13of19 (J)1561956dwg14of19

(J) 1561956dwg15of19

(J) 1561956dwg16of19

(J) 1561956dwg17of19

(J) 1561956dwg18of19

(J) 1561956dwg19of19

1. GENERAL

1.1 NOTICE TO OFFERORS

1.1.1 This solicitation is being issued as an UNRESTRICTED, full and open procurement. The appropriate Northern American Industry Classification System (NAICS) code for this procurement is 236220, and the size standard is $39.5M.

1.2 GENERAL OVERVIEW OF PROCUREMENT PROCESS

1.2.1 This solicitation is formatted as a Request for Proposal (RFP) according to FAR Part 15 and 36. This method permits evaluation of proposals based on price competition, technical merit and other factors; permits impartial and comprehensive evaluation of offerors’ proposals; permits discussions if necessary; and ensures selection of the source(s) whose proposal(s) provides the best value to the Government. This acquisition will be solicited as a competitively negotiated procurement.

1.2.2 The Government reserves the right to reject any or all proposals at any time prior to award; to negotiate with any or all offerors; to award the contracts to other than the offeror submitting the lowest total price; to award to other than the offeror submitting the highest technically rated proposal; and to award to the offeror(s) submitting the proposal(s) determined by the Government to be the most advantageous (best value) to the Government.

OFFERORS ARE ADVISED THAT AWARD MAY BE MADE WITHOUT DISCUSSIONS OR ANY

CONTACT CONCERNING THE PROPOSALS RECEIVED. Therefore, proposals should be submitted initially on the most favorable price and technical terms. Offerors should not assume that they will be contacted or afforded an opportunity to qualify, discuss, or revise their proposals. However, the Government reserves the right to clarify certain aspects of proposals or conduct discussions providing an opportunity for the offeror to revise its proposal.

1.3 GENERAL OVERVIEW OF CONTRACT

1.3.1 This acquisition will result in the award of Firm Fixed Price (FFP), Design-Build (DB) and Design-Bid-Build (DBB) Indefinite Delivery Indefinite Quantity (IDIQ), Multiple Award Construction Contracts (MACCs) contract for general construction. The Government intends to award approximately five (5) contracts resulting from this solicitation to the responsible offerors whose proposals represent the best value after evaluation in accordance with the factors and their relative importance in the solicitation.

1.3.2 Construction projects to be performed under this MACC will primarily consist of general building type projects (new construction, renovations, alterations, demolition, repair work, and any necessary design) including, but not limited to: airfield, industrial, infrastructure, administrative, training, retail, food service, munition storage, community support facilities and both vertical and horizontal construction in the Rota, Spain region or other areas managed by NAVFAC-EURAFCENT. This tool may also be used throughout the NAVFAC area of responsibility (AOR), worldwide.

1.3.3 The completion date for the basic contract is one (1) year from the date of contract award with seven (7) one-year option periods. If the overall contract value is reached prior to expiration of a period, completion will occur at that point. The total eight year (base and seven one-year options) estimated construction cost for all contracts is not to exceed $500,000,000 for the life of the contract. Projects for the MACC have an estimated construction costs between $8,000,000 to $64,000,000; however, smaller and larger dollar value projects may be considered at the discretion of the Contracting Officer. The Government guarantees an award amount of $10,000 to each successful offeror over the full term of the contract, including option years. A task order minimum guarantee will be issued concurrently with the award of the basic contract for the contractors awarded an IDIQ but not awarded the seed project.

1.3.4 After award of the initial contracts and potential award of the “seed” project task order, the successful IDIQ contractors will compete for future task orders. The request for proposal for each proposed task order will state the selection method for that task order. Task order selection may be based on lowest price, lowest price technically acceptable, or best value trade-off. Only the successful IDIQ contractors will compete for task orders. Should an IDIQ contractor with a guaranteed minimum be unable to competitively secure a task order to meet the $10,000 minimum guarantee, the Government reserves the right to negotiate a task order directly with that contractor.

1.3.5 The intent of this contract is that all IDIQ contractors participate in pre-proposal conferences and site-visits and submit proposals on each task order. Contract awardees will be expected to submit a proposal for all Task Order Requests for Proposals (RFP) received from the Government. However, in the event a MACC awardee is unable to submit a proposal on a particular RFP, the contractor is required to notify, in writing, to the Contracting Officer who issued the RFP and the Administrative Contracting Officer (“ACO”) for the basic contract within five (5) working days from receipt of the RFP. A MACC awardee can only elect to withdraw from submitting a proposal on three (3) task order RFPs during the course of each year of the contract (base plus seven one-year options). Additional withdrawal requests, in excess of three per year, may result in the Government choosing not to exercise remaining option terms.

1.3.6 Each task order will contain project specific evaluation factors that will vary depending on the unique requirements for each task order. Additionally, each task order will cite a specific completion date and associated liquidated damages.

1.3.7 A minimum of two proposals will satisfy the competitive requirements of the Multiple Award Construction Contract (MACC) and preclude the necessity of soliciting for a replacement contractor if for any reason one or more of the contracts is terminated or the offeror is not able to participate in the process. The Government may choose to not exercise an option.

1.3.8 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 e-mail 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. GENERAL OVERVIEW OF THE SEED PROJECT

2.1 The initial project expected to be awarded as the first task order “seed project” is identified as Design-Build P811 Port Operations Facilities, Naval Station Rota, Spain. The statutory cost limitation for this project is $18,300,000. This project will construct a new Port Operations Facility to service as a consolidated compound for intermodal management and port operations at Naval Station Rota, Spain. The building will accommodate a small craft maintenance high bay area, workshops, storage areas, oil spill response area, hazardous supply and hazardous waste storage area, and locker and shower rooms on the first floor. Upper floors will provide administrative space for intermodal management and port operations, a multipurpose conference room and bunk rooms. An administrative suite at the third floor level will accommodate Spanish Port Operations personnel and functions. The harbor control tower will house equipment and work areas which will be shared by Spanish and US Port Operations for surveillance of the harbor.

Additionally, the project scope includes a new building for the Forward Deployed Regional Maintenance Center (FDRMC). The new facility will relocate Building 555 functions to a site remote from Pier 1, and it will provide consolidated administrative areas, support spaces, and a conference room for FDRMC personnel. The single story building will contain offices, conference/training rooms, meeting rooms, open office workstations, and a quality assurance testing room. Site work and utility work are included for both buildings. The contract completion date for the seed project is 903 calendar days after notice to proceed.

2.2 Pursuant to FAR 52.232-18, Availability of Funds, the Government’s obligation under this solicitation, or any task order or contract that might result from the solicitation is entirely subject to, and contingent upon, the availability of appropriated funds. The use of Project P811 as the seed project does not guarantee it will be awarded pursuant to this solicitation. That said, Offerors’ proposals on the seed project (Pricing and Technical Solution) will be considered in evaluation for award of the MACC itself, as well as potential award of the seed task order if funds are available. Because pricing of the seed project will form the basis of the Government’s pricing evaluation, offerors must submit binding offers for the seed project in order to be considered for award of the MACC itself, as well as the seed task order. Should the Government be unable to award the seed project, the Government will provide an award in the amount of $10,000 to each successful offeror upon award of the Multiple Award Construction Contracts. This minimum guarantee is over the full term of the contract, including option years. No legal liability on the part of the Government shall arise until funds are made available to the Contracting Officer and a task order or contract is awarded by the Contracting Officer. Any offeror proposing on this solicitation does so at its own cost and with the full knowledge that a task order for the seed project might not result from this solicitation.

3. BASIS FOR AWARD

3.1 The Government reserves the right to eliminate from consideration for award any or all offerors at any time prior to award of the contracts; to negotiate with offerors in the competitive range; and to award the contracts to the offerors submitting the proposals determined to represent the best value – the proposals most advantageous to the Government, price and other factors considered.

3.2 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.

3.3 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.

3.4 The relative order of importance of the non-cost/price evaluation factors is as follows: Factor 1 – Technical Approach and 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 1 – Technical Approach and Factor 2- Safety, the adjectivally-rated technical factors (Factors 3 – Corporate Experience and 4 – Technical Solution) are of equal importance to each other and, when combined, are equal in importance to the past performance evaluation/performance confidence assessment factor (Factor 5). When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non-cost/price evaluation factors) are approximately equal to price.

3.5 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. 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(s) and the associated risk to successful contract performance resulting from the weakness(s). This assessment must provide the rationale for proceeding to award without discussions.

3.6 SYSTEM FOR AWARD MANAGEMENT:

Prior to 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).

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).

(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.

3.7 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.

3.8 PERFORMANCE GUARANTEE:

Ten-Percent (10%) PERFORMANCE GUARANTEE

Submittal Time: The offeror whose offer is accepted for each task order under this contract shall, within ten (10) days after award of the task order, 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 task order 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 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 Systems Command, Europe, Africa, Central." 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 task order 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 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 Systems Command Europe Africa Central,” 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 Systems Command Europe Africa Central 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 task order price, that the offeror shall undertake the performance of the task order 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 task order. 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 for the proposed seed project (if awarded) shall begin to run 903 days from the notice to proceed.

3.9 Prior to receiving award under this solicitation, firms may be required to undergo a vetting process controlled by the U.S.-Spanish Government Permanent Committee (PC). The Contracting Office does not have control over this process, and it is not a factor employed by the Contracting Office in its qualitative evaluation of proposals.

However, if a firm submitted for PC review is ultimately rejected by the PC, the Government will be unable to award a contract to that firm.

4. EVALUATION FACTORS FOR AWARD

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

Factor 1 – Technical Approach Factor 2 – Safety Factor 3 – Corporate Experience

Factor 4 – Technical Solution Factor 5 – Past Performance

Factor 1 – Technical Approach and 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 1 – Technical Approach and Factor 2- Safety, the relative order of importance of the non-cost/price evaluation factors is the adjectivally-rated technical factors (Factors 3 – Corporate Experience and 4 – Technical Solution) are of equal importance to each other and, when combined, are equal in importance to the past performance evaluation/performance confidence assessment factor (Factor 5). When the proposal is evaluated as a whole, the technical factors and past performance/performance confidence assessment factor combined (i.e., the non-cost/price evaluation factors) are approximately equal to price.

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

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-price factors considered.

2. Basis of Evaluation and Submittal Requirements for Each Factor.

(A) NON-PRICE FACTORS:

Solicitation Submittal Requirements:

The offeror shall submit one original, marked “Original”, three (3) copies marked “copy”, each in a separate binder, and two (2) electronic copies on separate CDs, with the following characteristics:

-Text pages 8 ½ x 11 format (A4 paper is also acceptable) -12-point font, Times New Roman -Two complete electronic copies of the technical proposal factors as a single .pdf searchable file, each on a separate CD (include the “Original” technical submission binder). If there are any conflicts between hard and/or electronic copies, the “Original” hard copy will govern.

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

Factor 1, Technical Approach:

(a) Solicitation Submittal Requirements:

The composition and management of the firms proposed as the design-build (DB) team for this contract will be evaluated in this factor. Both design-build and design-bid-build projects are contemplated under this MACC.

Therefore, the offeror is required to address the design firm to be proposed on the MACC and anticipated future projects.

The offeror shall submit the following information:

(1) Provide a narrative describing the proposed primary construction firm(s) and primary design firm(s) for this contract and the rationale for proposing this arrangement. Provide the role, responsibilities, and contractual relationships between the various firms (see FAR Subpart 9.6). The narrative shall also include a simple organizational chart that clearly identifies the lines of authority between the entities. Offerors shall clearly state the Architect-Engineer firm that is proposed to be utilized as the Designer of Record (DOR) for future task orders under this MACC. Provide the full name of the firm, address, DUNS number, and CAGE code. The designated firm will be required to be utilized as the DOR on future design-build task orders under the resulting MACC, unless a substitution is approved by the Contracting Officer for the proposed task order. The Offeror must provide a supporting signed joint venture agreement, partnership agreement, teaming agreement, or letter of commitment with the Architect-Engineer firm that is proposed to be utilized as the DOR.

If the experience of a design subcontractor is being claimed in Factor 2, the firm must be named in the above narrative and organizational chart. The organizational chart can be on one single sided 11 x 17 size paper and will count as one (1) page.

The technical approach narrative, separate from the organizational chart, shall be limited to one (1) double-sided page 8 ½ x 11 (or two (2) single-sided pages, A4 is also acceptable). The information requested in item #2 below is not included in this page limitation.

(2) In addition to the narrative and organizational chart, the offeror shall submit a copy of a joint venture agreement, partnership agreement, teaming agreement, or letter of commitment for each member of the offeror’s team identified in the narrative or on the organizational chart (e.g., joint venture partner, partner, team member, subcontractor, parent company, subsidiary, or other affiliated company, etc.)

(b) Basis of Evaluation:

The assessment of the offeror’s technical approach will be used as a means to evaluate the capability of the offeror to successfully meet the requirements of the RFP. This factor will be rated on an Acceptable or Unacceptable basis.

A failure of the offeror to provide either (a) a narrative describing the proposed primary construction firms and primary design firms for this contract and the rationale for proposing this arrangement, providing the role, responsibilities, and contractual relationships between the various firms, (b) an organizational chart, or (c) a joint venture agreement (if applicable) will be rated Unacceptable. Offerors that are rated Unacceptable will be found ineligible for award.

Factor 2, Safety:

(a) Solicitation Submittal Requirements:

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 the methods that the offeror will employ to ensure and monitor safe work practices of 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:

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

The Government will evaluate the Offeror’s narrative to determine whether subcontractor safety performance (if subcontractors are utilized) will be considered in the selection of all levels of subcontractors on the upcoming contract and whether it will monitor the safety performance of its own employees and its subcontractors during performance. Offerors who fail to address either of these items (i.e. the evaluation of safety performance of subcontractors in the selection process for all levels of subcontractors and the monitoring of safety of its own employees and those of its subcontractors during contract performance) will be rated UNACCEPTABLE.

Factor 3, Corporate Experience:

The Offeror shall submit the following information:

(1) Construction Experience:

Submit a minimum of three (3) up to a maximum of five (5) relevant construction projects that best demonstrate the Offeror’s construction experience, in the role of a prime contractor, on relevant projects similar in size, scope, and complexity to the projects proposed for this MACC.

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

Recency: Projects submitted for the Offeror must demonstrate completion of construction within five (5) years of the date of issuance of this RFP. Ongoing projects will not be considered.

Size: A building size greater than 20,000 square feet. At least one (1) project must have a total square footage greater than 50,000 square feet comprised of a single or multiple building(s). Offerors shall present building size measurements utilizing U.S. square feet.

Scope/Complexity: New building construction and/or interior/exterior alteration or renovation of existing facilities that include repairs to multiple building systems and infrastructures. Projects submitted that only include horizontal or civil site work will not be considered relevant.

Additionally, submitted relevant projects shall, cumulatively demonstrate the following characteristics:

a) Experience with both new construction (at least one (1) project) and alteration/renovation to existing facilities (at least one (1) project).

b) Experience with design-build (at least one (1) project).

Offeror’s experience performing as subcontractor will not be considered, nor will experience of companies proposed to work as subcontractors on the awarded contract.

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

The attached Construction & Design Experience Project Data Sheet (Attachment C) is MANDATORY and MUST be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. 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 cannot exceed one (1) double-sided page (or two (2) single-sided pages).

For all submitted projects, the description of the project must clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). The offeror must provide the construction cost of the example project in U.S. dollars. Failure to do so may result in a project being found non-relevant.

If the Offeror is a Joint Venture (JV)/Union Temporal de Empresas (UTE), relevant project experience should be submitted for projects completed by the Joint Venture/UTE entity. If the Joint Venture/UTE entity does not have shared experience, projects may be submitted for any Joint Venture/UTE partner; however, offerors who fail to submit experience for each Joint Venture/UTE partner may be considered less favorably. Offerors are still limited to a total of five (5) construction projects combined.

JV/UTE offerors shall provide with their proposal a legal document that establishes the JV/UTE.

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”), the proposal must, in a separate narrative or letter of commitment, clearly demonstrate the manner in which the Affiliate will have meaningful involvement in the performance of the contract for the experience information of the Affiliate to be considered. Meaningful involvement is demonstrated when the proposal 1) clearly states the Affiliate’s specific commitment of technical resources (e.g., personnel, equipment, etc.) that will be provided or relied upon for contract performance; and (2) describes specific aspects of the project that the Affiliate will self-perform or manage on behalf of the offeror in performance of the contract. General statements of availability, or other descriptions of involvement that do not demonstrate how the Affiliate will actually participate in contract performance, may not suffice. Failure to submit this documentation may result in the Government not evaluating the experience of the Affiliate. Offerors are cautioned that experience performed by Affiliates may not be considered as favorably as experience performed by the Prime Offeror.

Experience of proposed subcontractors will not be considered for construction experience.

(2) Design Experience:

Submit a minimum of three (3) up to a maximum of five (5) relevant design projects performed by the proposed Designer Of Record—identified in Factor 1—that best demonstrates their experience in a diverse range of design tasks similar in size, scope and complexity to the projects proposed for this MACC. Information for submitted each project must demonstrate that the Designer of Record acted as the designer of record on the submitted project in order to be considered under this factor.

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

Recency: A project submitted under design experience will meet the recency requirement if (a) the construction effort was completed within the five (5) years immediately preceding the date of issuance of the RFP, regardless of the design completion date, or (b) the construction effort is ongoing, but the design completion date was reached within the five (5) years immediately preceding the date of issuance of the RFP. The design completion date and/or construction completion date shall be clearly stated on the Construction & Design Experience Project Data Sheet (Attachment C). Projects in which design work is still ongoing will not be considered.

Size: A building size greater than 20,000 square feet. At least one (1) project must have a total square footage greater than 50,000 square feet comprised of a single or multiple building(s). Offerors shall present building size measurements utilizing U.S. square feet.

Scope/Complexity: Design of new building construction and/or interior/exterior alteration or design of renovation of existing facilities that include repairs to multiple building systems and infrastructures. Projects submitted that only include horizontal or civil site work will not be considered relevant.

Additionally, submitted relevant projects shall, cumulatively demonstrate the following characteristics:

a) Experience with both design of new construction (at least one (1) project) and design of alteration/renovation to existing facilities (at least one (1) project).

b) Experience with design-build (at least one (1) project).

The design completion date and construction completion date (if applicable) must be clearly stated on the Construction & Design Experience Project Data Sheet (Attachment C). A project is defined as a completed design effort performed under a single task order or contract/subcontract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole will not be accepted as a project; rather Offerors must submit the work performed under a task order as a project.

The attached Construction & Design Experience Project Data Sheet (Attachment C) is MANDATORY and MUST be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. 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 cannot exceed one (1) double-sided page (or two (2) single-sided pages).

For all submitted projects, the description of the project must clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods).

If the Offeror is a Joint Venture (JV)/Union Temporal de Empresas (UTE), relevant project experience should be submitted for projects completed by the Joint Venture/UTE entity. If the Joint Venture/UTE entity does not have shared experience, projects may be submitted for any Joint Venture/UTE partner; however, offerors who fail to submit experience for each Joint Venture/UTE partner may be considered less favorably. Offerors are still limited to a total of five (5) design projects combined.

JV/UTE offerors shall provide with their proposal a legal document that establishes the JV/UTE.

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”), the proposal must clearly demonstrate—in a separate narrative or letter of commitment—the manner in which the Affiliate will have meaningful involvement in the performance of the contract for the experience information of the Affiliate to be considered. Meaningful involvement is demonstrated when the proposal 1) clearly states the Affiliate’s specific commitment of technical resources (e.g., personnel, equipment, etc.) that will be provided or relied upon for contract performance; and (2) describes specific aspects of the project that the Affiliate will self-perform or manage on behalf of the offeror in performance of the contract. General statements of availability, or other descriptions of involvement that do not demonstrate how the Affiliate will actually participate in contract performance, may not suffice. Failure to submit this documentation may result in the Government not evaluating the experience of the Affiliate. Offerors are cautioned that experience performed by Affiliates may not be considered as favorably as experience performed by the Prime Offeror.

(b) Basis of Evaluation:

The Government will evaluate the Offeror’s demonstrated breadth and depth of experience in performing relevant construction and design projects as defined in the solicitation submittal requirements. Offerors must submit at least three relevant construction projects and three relevant design projects to be eligible for award. 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 a maximum of five projects for construction and five projects for design. Projects submitted in excess of the five (5) for Construction Experience and five (5) for Design Experience will not be considered.

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

• Offerors demonstrating relevant projects where the Offeror and the proposed design firm(s) have previously worked together may receive more favorable consideration than those that have not demonstrated experience working together.

• Offerors demonstrating more extensive experience with design-build projects may be considered more favorably than firms with limited design-build experience.

• Offerors demonstrating relevant projects that collectively demonstrate the ability to perform multiple projects simultaneously may be considered more favorably than those who do not have experience performing multiple simultaneous projects.

Factor 4, Technical Solution:

(a) Solicitation Submittal Requirements:

Provide a narrative describing the technical solution to the seed project that meets the requirements of the RFP.

Include the following:

Summary of the technical approach including; the means/methods, material and tools to be utilized to complete the work; mitigation plans for anticipated problems,…