N6247021R0003 Amend 0007.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 amendment is issued to provide revisions to Proposal Requirements Section 00 21 00 of the Solicitation and provide additional attachments. (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 26

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

16C. DATE SIGNED

BY 25-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 X is extended, is not extended.

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

(a) By completing Items 8 and 15, and returning 1 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

25-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 0007

The purpose of this amendment is for the following items:

1. Extend the proposal due date

2. Solicitation Revisions

2. Provide Attachment

1. The proposal due date is extended from Friday, 29 April 2022 at 2:00 PM Eastern Standard Time to Friday, 13 May 2022 at 2:00 PM Norfolk, VA, local time.

2. Solicitation Revisions

Page 10 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)

5.14 ANTI-MAFIA SELF-CERTIFICATION FORM between €150,000 and €5,382,000 (ATTACHMENT N)

5.15 ANTI-MAFIA SELF-CERTIFICATION FORM greater than €5,382,000 (ATTACHMENT O)

Page 11 below

CURRENT

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.

REVISED TO

1.1.4 This acquisition will result in a firm fixed price contract for design-bid-build construction services. Award will be made in U.S. Dollars. In accordance with DFARS 236.204, the magnitude of construction for this project is between $5,000,000 and $10,000,000.

Page 12 below

CURRENT

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.

REVISED TO

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 Legislative Decree 18 April 2016, n. 50.

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, all members of the JV must have the SOA certifications. The leading member of the JV must have the SOA certification in the Prevailing Work Category

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:

Successful offerors shall submit to the Contracting Officer a self-certification stating that none of the situations in Art. 80 of Legislative Decree 50/2016 apply.

Contracting Officer shall review Contractors’ self-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 meets at least one of the situations at Art. 80 of Legislative Decree 50/2016.

2.2.1 ANTI-MAFIA LAW

Pre-Award Effect of Anti-Mafia Procedures: In as much 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, (hereinafter “the Code”), 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 making sure that also its subcontractors comply with Italian Anti-Mafia laws, and request them to submit the required self-certifications. 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 the Code and/or any other anti-mafia legislation as applicable, 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-certification in accordance with DPR 445/2000, to certify that pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibion set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract. The offeror shall complete and submit the applicable self-certification form(s) (Attachments N and O).

Also, if an offeror is registered on the applicable Prefect’s Office White List, then it shall provide the pertinent documentation.

This documentation is to be included in your Price Proposal.

Page 23 below

CURRENT:

4.2 ALL SUBMITTALS MUST BE RECEIVED AT THE LOCATION SPECIFIED ABOVE PRIOR TO

2:00 PM NORFOLK, VA, LOCAL TIME, 29 APRIL 2022. LATE SUBMITTALS WILL NOT BE

CONSIDERED.

REVISED TO:

4.2 ALL SUBMITTALS MUST BE RECEIVED AT THE LOCATION SPECIFIED ABOVE PRIOR TO

2:00 PM NORFOLK, VA, LOCAL TIME, 13 MAY 2022. LATE SUBMITTALS WILL NOT BE

CONSIDERED.

Page 25 below

CURRENT

4.5 SPECIAL JOINT VENTURE (JV) REQUIREMENTS

NOTE #1: FOR THE PURPOSES OF THIS SOLICITATION A JOINT VENTURE REFERS TO A LEGAL

ENTITY IN THE NATURE OF A CORPORATION, CONSORTIUM OR PARTNERSHIP – COMPRISED OF

TWO OR MORE PERSONS OR ENTITIES, IN WHICH PROFITS, LOSSES AND CONTROL ARE SHARED, AND THERE IS JOINT LIABILITY FOR DEBT BETWEEN ALL THE PERSONS AND/OR ENTITIES, WHICH IS FULLY LEGALLY INCORPORATED TO DO BUSINESS AS A SINGLE ENTITY IN THE JURISDICTION

FROM WHICH IT IS FORMED.

THE JOINT VENTURE MUST PROVIDE ONE (1) CAGE CODE FOR THE JOINT VENTURE ITSELF, ONE

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

MEMBER COMPRISING THE JOINT VENTURE. THE JOINT VENTURE MUST BE REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) USING THE NAME OF THE JOINT VENTURE.

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

Only offers from Prime Contractors and Joint Ventures (JV) will be accepted. Offers from Associazione Temporanea d’Imprese (ATI) or Offers using a contract of availment (contractto de avvalirnento) will not be accepted for this procurement and will be considered non-responsive to the solicitation's requirements.

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

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

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

(c) Solicitation number.

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

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

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

(g) Statement that each member of the JV will be jointly and severally liable for the performance of the entire contract; and

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

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

REVISED TO

4.5 SPECIAL JOINT VENTURE (JV) REQUIREMENTS

NOTE #1: FOR THE PURPOSES OF THIS SOLICITATION A JOINT VENTURE REFERS TO A LEGAL

ENTITY IN THE NATURE OF A CORPORATION, CONSORTIUM OR PARTNERSHIP – COMPRISED OF

TWO OR MORE PERSONS OR ENTITIES, IN WHICH PROFITS, LOSSES AND CONTROL ARE SHARED, AND THERE IS JOINT LIABILITY FOR DEBT BETWEEN ALL THE PERSONS AND/OR ENTITIES, WHICH IS FULLY LEGALLY INCORPORATED TO DO BUSINESS AS A SINGLE ENTITY IN THE JURISDICTION

FROM WHICH IT IS FORMED.

THE JOINT VENTURE MUST PROVIDE ONE (1) CAGE CODE FOR THE JOINT VENTURE ITSELF, ONE

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

MEMBER COMPRISING THE JOINT VENTURE. THE JOINT VENTURE MUST BE REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) USING THE NAME OF THE JOINT VENTURE.

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

Only offers from Prime Contractors and Joint Ventures (JV) will be accepted. Offers from Associazione Temporanea d’Imprese (ATI) or Offers using a contract of availment (contractto de avvalirnento) will not be accepted for this procurement and will be considered non-responsive to the solicitation's requirements.

Joint Venture Residency: Offerors proposing as a Joint Venture shall ensure compliance with Italian tax code, including but not limited to, Testo Unico delle Imposte sui Redditi (TUIR), which provide specific durations and definitions of “Permanent Establishment” in Italy. As the project site is located on Italian soil, Joint Ventures shall comply with the rule of permanence of the construction and assembly site within Italy.

(c) Solicitation number.

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

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

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

(g) Statement that each member of the JV will be jointly and severally liable for the performance of the entire contract.

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

(i) Statement identifying whether the JV is a vertical or horizontal arrangement; and

(j) Statement that the JV is NOT a prime-subcontractor relationship.

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

3. Provide Attachments

- Attachment N - Anti-Mafia Self-Certification Form for Contracts between €150,000 and €5,382,000

- Attachment O - Anti-Mafia Self-Certification Form for Contracts greater than €5,382,000

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 29-Apr-2022 02:00 PM to 13-May-2022 02:00 PM.

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)

5.14 ANTI-MAFIA SELF-CERTIFICATION FORM between €150,000 and €5,382,000 (ATTACHMENT N)

5.15 ANTI-MAFIA SELF-CERTIFICATION FORM greater than €5,382,000 (ATTACHMENT O)

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. Award will be made in U.S. Dollars. In accordance with DFARS 236.204, 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 Legislative Decree 18 April 2016, n. 50.

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, all members of the JV must have the SOA certifications. The leading member of the JV must have the SOA certification in the Prevailing Work Category

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:

Successful offerors shall submit to the Contracting Officer a self-certification stating that none of the situations in Art. 80 of Legislative Decree 50/2016 apply.

Contracting Officer shall review Contractors’ self-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 meets at least one of the situations at Art. 80 of Legislative Decree 50/2016.

2.2.1 ANTI-MAFIA LAW

Pre-Award Effect of Anti-Mafia Procedures: In as much 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, (hereinafter “the

Code”), 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 making sure that also its subcontractors comply with Italian Anti-Mafia laws, and request them to submit the required self-certifications. 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 the Code and/or any other anti-mafia legislation as applicable, 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-certification in accordance with DPR 445/2000, to certify that pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibion set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract. The offeror shall complete and submit the applicable self-certification form(s) (Attachments N and O).

Also, if an offeror is registered on the applicable Prefect’s Office White List, then it shall provide the pertinent documentation.

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…