N6247021R0003 Amend 0006.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

P23005 AREA A1, ENTRY CONTROL POINT AVIANO AIR BASE, ITALY

This is the Final Amendment. This amendment is issued to provide revisions to Section 00 21 00 of the Solicitation and provide additional attachment. (See Section SF 30 Block 14 Continuation Page)

CS: Barkley Brow n, barkley.k.brow n.civ@us.navy.mil

1. CONTRACT ID CODE PAGE OF PAGES

J 1 19

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

16C. DATE SIGNED

BY 07-Apr-2022

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6247021R0003

X 9B. DATED (SEE ITEM 11)

28-Feb-2022

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

07-Apr-2022

CODE

COMNAVFACSYSCOM ATLANTIC

6506 HAMPTON BLVD

NORFOLK VA 23508-1278

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N6247021R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0006

This is the Final Amendment.

The purpose of this amendment is for the following items:

1. Solicitation Revisions

2. Provide Attachment

1. Solicitation Revisions

PAGE 3 below

CURRENT:

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

5.1 PRE-PROPOSAL INQUIRY FORM (ATTACHMENT A)

5.2 SCHEDULE B PRICE PROPOSAL FORM (ATTACHMENT B)

5.3 CONSTRUCTION EXPERIENCE PROJECT DATA SHEET (ATTACHMENT C)

5.4 PAST PERFORMANCE QUESTIONNAIRE (ATTACHMENT D)

5.5 SEC-NAV 5512_1_11787 FORM (ATTACHMENT E)

5.6 LRA COMMERCIAL VEHICLE INSPECTION PROCEDURES (ATTACHMENT F)

5.7 SPECIFICATIONS (8 TOTAL) (ATTACHMENT G)

5.8 DRAWINGS (4 TOTAL) (ATTACHMENT H)

5.9 GEOTECHNICAL REPORT (16 TOTAL) (ATTACHMENT I)

5.10 ENVIRONMENTAL & HAZARDOUS MATERIAL REPORT (ATTACHMENT J)

5.11 ENGINEERING CALCULATIONS_P23005 (ATTACHMENT K)

5.12 SITE VISIT ATTENDANCE LIST (ATTACHMENT L)

REVISED TO:

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

5.1 PRE-PROPOSAL INQUIRY FORM (ATTACHMENT A)

5.2 SCHEDULE B PRICE PROPOSAL FORM (ATTACHMENT B)

5.3 CONSTRUCTION EXPERIENCE PROJECT DATA SHEET (ATTACHMENT C)

5.4 PAST PERFORMANCE QUESTIONNAIRE (ATTACHMENT D)

5.5 SEC-NAV 5512_1_11787 FORM (ATTACHMENT E)

5.6 LRA COMMERCIAL VEHICLE INSPECTION PROCEDURES (ATTACHMENT F)

5.7 SPECIFICATIONS (8 TOTAL) (ATTACHMENT G)

5.8 DRAWINGS (4 TOTAL) (ATTACHMENT H)

5.9 GEOTECHNICAL REPORT (16 TOTAL) (ATTACHMENT I)

5.10 ENVIRONMENTAL & HAZARDOUS MATERIAL REPORT (ATTACHMENT J)

5.11 ENGINEERING CALCULATIONS_P23005 (ATTACHMENT K)

5.12 SITE VISIT ATTENDANCE LIST (ATTACHMENT L)

5.13 01 33 00 ADDENDUM 04-01-2022 (ATTACHMENT M)

2. Provide Attachment

- Attachment M - 01 33 00 Addendum 04-01-2022

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

INSTRUCTIONS TO OFFERORS

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 SPECIAL JOINT VENTURE (JV) REQUIREMENTS

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

5.1 PRE-PROPOSAL INQUIRY FORM (ATTACHMENT A)

5.2 SCHEDULE B PRICE PROPOSAL FORM (ATTACHMENT B)

5.3 CONSTRUCTION EXPERIENCE PROJECT DATA SHEET (ATTACHMENT C)

5.4 PAST PERFORMANCE QUESTIONNAIRE (ATTACHMENT D)

5.5 SEC-NAV 5512_1_11787 FORM (ATTACHMENT E)

5.6 LRA COMMERCIAL VEHICLE INSPECTION PROCEDURES (ATTACHMENT F)

5.7 SPECIFICATIONS (8 TOTAL) (ATTACHMENT G)

5.8 DRAWINGS (4 TOTAL) (ATTACHMENT H)

5.9 GEOTECHNICAL REPORT (16 TOTAL) (ATTACHMENT I)

5.10 ENVIRONMENTAL & HAZARDOUS MATERIAL REPORT (ATTACHMENT J)

5.11 ENGINEERING CALCULATIONS_P23005 (ATTACHMENT K)

5.12 SITE VISIT ATTENDANCE LIST (ATTACHMENT L)

5.13 01 33 00 ADDENDUM 04-01-2022 (ATTACHMENT M)

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 Part 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, Technical Solution, 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 procedures.

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 $7,500,000 USD for P-23005 Area A1 Entry Control Point, Aviano Air Base, Italy. Award will be made in U.S. Dollars. Statutory cost limitation applies to the Base CLIN and all of the remaining CLINs. In accordance with FAR 36.204, the magnitude of construction for this project is between $5,000,000 and $10,000,000.

1.1.5 The contract completion time for P-23005 is 540 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 P-23005 Area A1 Entry Control Point at

Aviano Air Base, Italy. The project will construct a new Entry Control Facility (ECF) for Area A1, located at the existing Gate 1 entrance off Via Pedemonte. Area A1 is located between Aviano and Pedemonte, northwest of Area F which is the main flight line area. This completed project will provide a new ID Check Point to control access in and out of Area A1. Active and passive protection systems combined with roadway layouts will provide Area A1 with threat control and the necessary infrastructure to properly calm traffic and inspect incoming personal vehicles. The project includes the construction of a temporary Entry Control Point while construction of the proposed Entry Control Point is ongoing. The facility is intended to be compatible with applicable Department of Defense, and host-nation construction standards.

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: https://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 best value continuum source selection process used in this acquisition is the tradeoff process. 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 factors (Factor 1—Corporate Experience and Factor 3—Technical Solution) are of equal importance to the past performance (performance confidence assessment) Factor.

When the proposal is evaluated as a whole, the technical factors and past performance (performance confidence assessment) factor combined (i.e., the non-price evaluation factors) are approximately equal to price.

2.1.5 The Government intends to award a contract to a single contractor for CLIN 0001, with CLINs 0002 through

0003 as priced options (see Attachment B- Schedule B Price Proposal Form). The Government reserves the unilateral right to award CLINs 0002 through 0003 to the Contractor at the proposed price at the time of award or within 120 calendar days after the contract award. A firm fixed proposed price is required for ALL CLINs (CLINS 0001 through 0003). No provision is made for economic price adjustment. Offerors not submitting pricing for all CLINs will be considered non-responsive to the solicitation and will not be evaluated.

2.1.6 The Government intends to issue the Solicitation through the Internet at https://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.

2.1.7 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 2018).

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.

2.1.8 CERTIFICATE OF CLASSIFICATION:

SOCIETA ORGANISMI DI ATTESTAZIONE (SOA) CERTIFICATION.

An Offeror must provide proof that it is qualified under the 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-3

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

Classification Percentage of Work 48.54%

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

First additional Work Category OG-1

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

Classification Percentage of Work 24.32%

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 Categories and pertinent Classification will still be able to compete under this solicitation by forming a Joint-Venture (JV) or by subcontracting for the execution of the work pertaining to the categories for which they are not qualified. Offerors will be required to declare their intention of forming a JV and/or awarding a subcontract. A "Teaming Agreement" or "Letter of Commitment" with the subcontractor must be submitted with the proposal and must identify the qualifications of the subcontractor (attaching the pertinent SOA certificate) and what work they will perform (identifying type and percentage of the work covered by specific SOA certificate).

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

The SOA certifications are to be submitted with the price proposal as described below.

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 anti-mafia 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. 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 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 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 Naval Facilities Engineering Systems Command, Atlantic 6506 Hampton Blvd., Building A Norfolk, VA 23508-1278

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 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 540 days from the notice to proceed.

3. EVALUATION FACTORS FOR AWARD

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

Factor 1 – Corporate Experience Factor 2 – Safety Factor 3 – Technical Solution Factor 4 – Past Performance

The distinction between corporate 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 factors (Factor 1—Corporate Experience and Factor 3—Technical Solution) are of equal importance to the past performance (performance confidence assessment) Factor. When the proposal is evaluated as a whole, the technical factors and past performance (performance confidence assessment) factor combined (i.e., the non-price evaluation factors) are approximately equal to price.

The importance of price will increase if the Offerors’ non-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. Basis of Evaluation and Submittal Requirements for Each Factor.

(a) Non-price Factors:

Solicitation Submittal Requirements:

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

• Text pages 8 ½ x 11” format (A4, A3 paper is also acceptable)

• 12-point font, Times New Roman

• Fonts smaller than 12 pt. are acceptable for table and graphics only as long as they are readable.

• Each electronic copy must be formatted as a single .pdf searchable file, each on a separate CD (include the

“Original” technical submission). 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.

Offerors are reminded that, per FAR 52.214-34, as stated below, offerors submitted in response to this solicitation shall be in the English language and any offers received in other than English shall be rejected.

Factor 1 – Corporate Experience:

(a) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

Submit a minimum of three (3) and maximum of five (5) construction projects for the offeror that best demonstrate experience on relevant projects that are similar in size, scope, and complexity to the RFP.

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

Construction, not renovation, of a new facility which features one or more detached commercial or industrial buildings, paved areas such as an access drive or parking lot, includes the construction of a secured perimeter fence, and has a final construction cost of at least $2,000,000. For projects containing more than one building, use Box 11 on the Construction Experience Project Data Sheet to list the size and value of each individual building.

Additionally, all project values shall be submitted in U.S. dollars ($).

Projects submitted for the Offeror shall have been completed within the past ten (10) years from the date of issuance of this request for proposal (RFP). To ensure a project is considered "complete," the documentation should demonstrate delivery of a final deliverable to the client.

A project is defined as a construction project (and not a renovation project) performed under a single task order or standalone contract. Multiple award and Indefinite Delivery/Indefinite Quantity type contracts as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.

The attached Construction Experience Project Data Sheet (Attachment C) is MANDATORY and SHALL be used to submit project information to demonstrate construction experience. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form must be completed and 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. The offeror must provide the construction cost of the example project in U.S. dollars. Failure to do so will result in a project being found non-relevant.

If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity. If the Joint Venture does not have shared relevant experience, at least one (1) relevant project shall be submitted for each of the joint venture members. Offerors are still limited to a total of five (5) projects combined.

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

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.

The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offeror must provide a letter of commitment from the subcontractor and an explanation of the Meaningful Involvement (as defined in the paragraph above) that the subcontractor will have in performance of this contract. Failure to submit this documentation may result in the Government not evaluating the experience of the subcontractor. Offerors are cautioned that experience performed by subcontractors may not be considered as favorable as experience performed by the Prime Offeror.

Substitution of subcontractor(s) shall be avoided to the maximum extent possible, and any proposed substitutions shall have verifiable, equivalent experience to the subcontractor being replaced.

(b) Basis of Evaluation:

The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant construction projects as defined in the solicitation submittal requirements. The assessment of the Offerors 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 (5) projects for construction. If more than the maximum number of projects is submitted, the Government will evaluate projects in order of submission up to the maximum number and will not evaluate projects beyond the maximum number specified in the submission requirements.

More weight may be given to the Offeror’s projects than those submitted for subcontractors or for affiliates/subsidiaries/parent/LLC/LTD member companies.

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

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

Offerors that demonstrate relevant experience with projects located in the Friuli-Venezia Giulia Region of Italy may be considered more favorably than offerors who do not demonstrate this experience.

Offerors that demonstrate relevant experience with projects that involve self-performing relevant features of work may receive a higher rating than those who do not demonstrate self-performance.

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

Offerors that demonstrate relevant experience with Entry Control Facilities may be considered more favorably than those that do not demonstrate this experience.

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.)

(1) Technical Approach for Safety:

Describe the offerors 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 (3) single-sided pages or one (1) double-sided page plus one (1) single-sided page.

(b) Basis of Evaluation:

The Government is seeking to determine that the offeror has consistently demonstrated a commitment to safety and that the offeror plans to properly manage and implement safety procedures for itself and its subcontractors. The Government will evaluate the offerors 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 – Technical Solution:

(a) Solicitation Submittal Requirements:

Provide a narrative describing the technical solution to the project that meets the requirements of the RFP. Include the following:

Major project features of work, including the means/methods, material and tools to be utilized to complete the work;

mitigation plans for anticipated problems, logistical challenges, and site constraints.

A Project organizational chart that lists the key positions (Project Manager, Site Safety & Health Officer, Design QCM, Construction QCM, Superintendent, and subcontractors). The organizational chart shall clearly identify the lines of authority between the entities. If the experience of a significant subcontractor is being claimed in Factor 1, the firm must be named in the above narrative and organizational chart.

Provide a project schedule with a Gantt chart. Include the contract duration and all major aspects of the construction project. The contract timeframe identified in the RFP defines the acceptable contract duration; a shorter contract duration is desirable. The Government will evaluate a comparison of the contractor’s proposed contract duration and the acceptable contract duration. The Government’s evaluation of the contractor’s proposed schedule is a means of determining whether the contractor understands the scope of work and approaches the tasks in a logical and effective manner. Provide a narrative that explains the proposed contract duration, scheduling innovations and methods to provide a shorter contract duration.

Narrative shall not exceed three (3) double-sided pages (or six (6) single-sided pages). In addition, provide one (1) single-sided schedule Gantt chart to graphically present the contract duration. The Gantt chart may be on a single 11” x 17” page that will not count against the page limitations for the narrative.

(b) Basis of Evaluation:

The Government will evaluate the narrative, Organizational chart, and schedule considering the extent to which the Offeror demonstrates a clear understanding of the architectural and engineering requirements of the project. The Government will evaluate the Offeror’s technical solution to determine adherence to the technical requirements of the RFP including adherence to provide schedule milestones.

A higher rating may be provided for a schedule that clearly identifies realistic accelerated contract completion durations.

In addition, the contractor’s proposed contract duration shall become an enforceable part of the contract and will be reflected in the awarded Contract Completion Date (CCD) to the successful offeror.

Factor 4 - 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 Corporate Experience. If there is not a completed CPARS evaluation, the Past Performance Questionnaire (PPQ) included with the solicitation (Attachment D) is provided for the Offeror or its team member to submit to the client for each project the offeror includes in its proposal for Factor 1 for Corporate Experience. An offeror shall not submit a PPQ when a completed CPARS is available. 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, Barkley Brown, via email at barkley.k.brown.civ@us.navy.mil prior to the closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client contact 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 offerors references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor.

Awards, letters of recommendation, certificates of appreciation, etc. shall not be submitted.

(b) Basis of Evaluation:

This evaluation will consider how well the offerors 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 past performance will be used as a means of evaluating the offeror’s probability of successfully meeting 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 offerors 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 more highly favorable 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);

• Completed Solicitation Section 00 45 00 - Representations and Certifications;

• Required Responsibility Determination Information;

• Anti-Mafia Certification;

• Societa Organismi…