N62478-19-R-4038_RFP.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING COMMAND, HAWAII

400 MARSHALL ROAD

JBPHH, HAWAII 96860-3139

REQUEST FOR PROPOSAL N62478-19-R-4038

8(A) DESIGN-BUILD/DESIGN-BID-BUILD MULTIPLE

AWARD CONSTRUCTION CONTRACT (MACC),

VARIOUS LOCATIONS, STATE OF HAWAII

PART 1

PROPOSAL FORMS AND DOCUMENTS

DOCUMENT

00010 STANDARD FORM 1442

00100 INSTRUCTIONS TO OFFERORS

00110 EVALUATION FACTORS FOR AWARD

00600 REPRESENTATIONS AND CERTIFICATIONS

00700 CONTRACT CLAUSES

00800 SPECIAL CONTRACT REQUIREMENTS

00830 WAGE DECISION

00840 SEED PROJECT (MAY OR MAY NOT BE AWARDED)

Request for Proposal No. N62478-19-R-4038, 8(a) Design-Build/Design-Bid-Build Multiple Aw ard Construction Contract (MACC), Various Locations, State of Haw aii.

This procurement is limited to qualifying 8(a) f irms serviced by the Haw aii District Office (HDO) of the U.S. Small Business Administration (SBA) and those not serviced by the HDO but w ith a bona f ide place of business in the HDO geographical area. All other 8(a) BD Participants are deemed ineligible to submit offers.

This procurement consists of one solicitation w ith the intent to aw ard multiple Indefinite Delivery/Indefinite Quantity (IDIQ) contracts. The Government anticipates aw arding a minimum of three contracts as a result of this solicitation.

SYSTEM FOR AWARD MANAGEMENT (SAM): Offerors shall comply w ith FAR 52.204-7, System for Aw ard Management (OCT 2018) to receive an aw ard. Lack of registration in the SAM database w ill make an Offeror ineligible for aw ard

The North American Industry Classif ication System (NAICS) Code is 236220, Commercial and Institutional Building Construction Contractors.

The Small Business Size Standard is $39,500,000.

SHARI N. LILLIE (808) 471-2289

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

04-Sep-2019

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________ calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________21 Oct 2019 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

NAVFAC HAWAII

CONSTRUCTION ACQUISITION DIV (OPHA2)

400 MARSHALL ROAD

JBPHH HI 96860-3139

N62478

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

10:00 AM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

N6247819R4038 59

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N6247819R4038

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 98,000,000 Each

FFP

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) 8(a) Design Build/Design Bid-Build (DB/DBB) Multiple Award Construction Contract (MACC), Various Locations, State of Hawaii. The work includes, but is not limited to labor, supervision, tools, materials and equipment necessary to perform new construction, repair, alteration and related demolition of existing infrastructure based on DB or DBB (Full Plans and Specifications) for infrastructure within the State of Hawaii.

“Infrastructure” is defined as 1) residential building construction for single family and/or multi-family housing; 2) construction for industrial buildings and warehouses; 3) nonresidential buildings, other than industrial buildings and warehouses; or 4) improvements such as utilities, landscaping, airfields and roadways.

FOB: Destination

PSC CD: Y1AZ

NET AMT

Document 00100

DOCUMENT 00100

INSTRUCTIONS TO OFFERORS

DOCUMENT 00100

TABLE OF CONTENTS

1.1 NUMBER OF COPIES/TIME OF RECEIPT

1.2 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

1.3 AMENDMENTS

1.4 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

1.5 JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS (LP), ETC.

1.6 NAVFAC SPECIFICATION

See the prescription for the following provisions/clauses in the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS) & Naval Facilities Acquisition Supplement (NFAS) for each individual task order. The prescription in effect at the time the task order proposals are due will be binding. The websites for FAR, DFARS and NFAS are https://www.acquisition.gov/far/, http://www.acq.osd.mil/dpap/dars/dfars/html/current/tochtml.htm and http://www.navfac.navy.mil/products_and_services/sb/opportunities/guidelines/navfac.html, respectively.

1.1 NUMBER OF COPIES/TIME OF RECEIPT

a. PRICE PROPOSAL: Paper Copies - An original, labeled “Original” and one copy, labeled “Copy” and one electronic copy of the price proposal, submitted in .pdf format on a CD-ROM and shall be Microsoft Office Version 2010 compatible, for the price proposal submitted on SEE SF 1442, BLOCK 13A AND AS AMENDED in a sealed envelope and marked in the bottom right corner "PRICE PROPOSAL SUBMITTED UNDER RFP N62478-19-R-4038- DO NOT OPEN IN MAILROOM." Should there by a discrepancy between the paper and electronic versions, the paper copy shall govern. The Price proposal shall include the following:

(1) Information listed in Document 00110 for price proposal submittal requirements

(2) Information required by Paragraph 1.5, Preaward Survey/Responsibility Determination

(3) Information required by Paragraph 1.6, Joint Ventures (JV), Limited Liability Companies (LLC), Limited Partnerships (LP), Etc.

b. TECHNICAL PROPOSAL (FACTORS 1, 2, and 3): Paper Copies - An original, labeled “Original” and one copy, labeled “Copy” and one electronic copy of the technical proposal, submitted in .pdf format on a CD-ROM and shall be Microsoft Office Version 2010 compatible, for the technical proposal submitted on SEE SF 1442, BLOCK 13A AND AS AMENDED in a sealed envelope and marked in the bottom right corner "TECHNICAL PROPOSAL SUBMITTED UNDER RFP N62478-19-R-4038 - DO NOT OPEN IN MAILROOM." Should there by a discrepancy between the paper and electronic versions, the paper copy shall govern. The TECHNICAL PROPOSAL shall include the following:

(1) Information listed in Document 00110 for technical proposal submittal requirements

(2) All information required by FAR 52.215-1

(3) All information required by Factor 1, Corporate Experience

(4) All information required by Factor 2, Safety

(5) All information required by Factor 3, Past Performance

c. Proposals shall be submitted as follows:

(1) If sent via U. S. Postal Mail/Private Courier:

NAVFAC Hawaii Construction Acquisition Div (OPHA2) Attn: Shari Lillie 400 Marshall Road, Building A-13

JBPHH HI 96860-3139

(2) If hand-carried:

Construction Acquisition Div (OPHA2) 400 Marshall Road, Building A-13

JBPHH HI 96860-3139

Please call 471-2289, 474-3783, 471-0318, or 471-9197 or ring the doorbell for access to A13.

1.2 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Questions regarding the solicitation shall be submitted in writing in WORD format via electronic mail to Ms. Shari Lillie, shari.lillie@navy.mil. Questions shall reference the drawing/detail and/or the specification section including paragraph number. Verbal queries will not be entertained.

1.3 AMENDMENTS

Amendments will normally be posted to the web site https://www.fbo.gov. It is the offeror's responsibility to check the web site periodically for any amendments to the solicitation.

1.4 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract, or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation. Please include, at a minimum, the following information as a part of your price proposal under a separate tab, entitled “Pre-Award Survey Information.” Other information may be requested as directed by the Contracting Officer and the information shall be submitted within three working days of the request.

a. Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the offeror plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For joint ventures discuss the financial responsibilities among companies and provide same information for each partner.

b. Newly-formed entities (e.g. limited liability companies (“LLC’s”), limited partnerships (“LPs”) and newly created corporate subsidiaries) that is the entity liable on the contract ordinarily have no record–or an insufficient record–of relevant experience, past performance, and financial capability to support a responsibility determination.

In such cases, the offeror may rely on the resources of the LLC member, parent, limited partner, or other entities related to the offeror for responsibility purposes where the offer submits a guaranty from the entity providing the resources.

1.5 JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED PARTNERSHIPS (LP), ETC.

The Government will recognize the integrity and validity of contractor team arrangements; provided, the arrangements are identified and company relationships are fully disclosed in the Offer (see FAR 9.603).

Partnerships, JVs, LLCs, LPs and Mentor-Protégé arrangements shall submit the following additional documentation regarding their business entities:

a. A copy of the Partnership Agreement, JV Agreement, LP Agreement, and/or Mentor-Protégé Agreement.

Contractor shall provide an updated copy whenever any change is made to the agreement.

b. A detailed statement outlining the following in terms of percentages where appropriate:

(1) The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing.

(2) The management approach in terms of who will conduct, direct, supervise, and control.

(3) The structure and decision-making responsibilities of the partners/parties in terms of who will control the manner and method of performance of work.

(4) Identify (by name and title) the personnel having the authority to legally bind the partners/parties (including authority to execute the contract documents and bonds).

c. A list of partners/parties, to include company name, DUNS and CAGE Numbers, Address, Point of Contact, Email address, phone number and facsimile number.

1.6 NAVFAC SPECIFICATION

Technical specifications will be provided separately for each individual task order.

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-6 Solicitation of Offers from Small Business Concerns and

Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

OCT 2016

52.211-6 Brand Name or Equal AUG 1999 52.211-14 Notice Of Priority Rating For National Defense, Emergency

Preparedness, and Energy Program Use

APR 2008

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-5 Facsimile Proposals OCT 1997 52.215-16 Facilities Capital Cost of Money JUN 2003 52.216-27 Single or Multiple Awards OCT 1995 52.217-3 Evaluation Exclusive Of Options APR 1984 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.225-24 Notice of Required Use of American Iron, Steel, and Manufactured Goods--Buy American Statute--Construction Materials under Trade Agreements

MAY 2014

52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-36 Payment by Third Party MAY 2014 52.236-27 Site Visit (Construction) FEB 1995 52.236-27 Alt I Site Visit (Construction) (Feb 1995) - Alternate I FEB 1995

CLAUSES INCORPORATED BY FULL TEXT

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of clause)

52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (APR 2014)

(a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(1) ASSIST (https://assist.dla.mil/online/start/);

(2) Quick Search (http://quicksearch.dla.mil/);

(3) ASSISTdocs.com (http://assistdocs.com).

(b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of muiltiple Firm Fixed Price Indefinite Delivery/Indefinite Quantity contracts resulting from this solicitation.

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American --Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR

52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS

TRANSFER INFORMATION (JULY 2013)

(Fill in to be provided with individual task orders, if applicable)

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name:

Mailing Address:

Telephone Number:

Person to Contact:

Electronic Address:

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Construction Acquisition Division (OPHA2)

400 Marshall Road

JBPHH, HI 96860-3139

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS,

DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)

The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:

NAVFAC Hawaii Construction Acquisition Division (OPHA2) 400 Marshall Road

JBPHH, HI 96860-3139

252.236-7013 REQUIREMENT FOR COMPETITION OPPORTUNITY FOR AMERICAN STEEL

PRODUCERS, FABRICATORS, AND MANUFACTURERS (JUN 2013)

(a) Definition. Construction material, as used in this clause, means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work.

(b) The Contractor shall provide American steel producers, fabricators, and manufacturers the opportunity to compete when acquiring steel as a construction material (e.g., steel beams, rods, cables, plates).

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in any subcontract that involves the acquisition of steel as a construction material, including subcontracts for the acquisition of commercial items.

Document 00110

DOCUMENT 00110

EVALUATION FACTORS FOR AWARD

DOCUMENT 00110

EVALUATION FACTORS

TABLE OF CONTENTS

PART I. GENERAL

1.1 CONTRACT SCOPE

1.2 PREFERENCE FOR MAKING MULTIPLE AWARDS

1.3 MAGNITUDE OF THE ACQUISITION

1.4 PROPOSAL EVALUATION

1.5 ENFORCEABILITY OF THE PROPOSAL

PART II. EVALUATION CRITERIA

2.1 BASIS OF AWARD

2.2 EVALUATION FACTORS

ATTACHMENTS

(C1) – CONSTRUCTION & DESIGN EXPERIENCE PROJECT DATA SHEET

(C2) – PAST PERFORMANCE QUESTIONNAIRE

EVALUATION FACTORS

PART I – GENERAL

1.1 CONTRACT SCOPE

The work includes, but is not limited to labor, supervision, tools, materials and equipment necessary to perform new construction, repair, alteration and related demolition of existing infrastructure based on design-build or design-bid-build (Full Plans and Specifications) for infrastructure within the State of Hawaii. Infrastructure is defined as: 1) residential building construction for single family and/or multi-family housing; 2) construction for industrial buildings and warehouses; 3) nonresidential buildings, other than industrial buildings and warehouses; or

4) improvements such as utilities, landscaping, airfields and roadways. The areas of consideration will include, but not be limited to, Navy, Marine Corps, Air Force and miscellaneous Federal and other facilities in the NAVFAC Hawaii area of responsibility. Task orders will be issued for the work that may require design and construction services. In support of the design-build work, the Contractor shall employ the services of an architect/engineering professional experienced in the coordination of multi-disciplined architectural/engineering design efforts in all aspects of general building and new and renovation projects.

1.2 PREFERENCE FOR MAKING MULTIPLE AWARDS

The proposed contract is limited to qualifying 8(a) firms serviced by the Hawaii District Office (HDO) of the U.S. Small Business Administration (SBA) and those not serviced by the HDO but with a bona fide place of business in the HDO geographical area. All other 8(a) Business Development Participants are deemed ineligible to submit offers. This is a source selection procurement requiring non-cost/price, past performance and price proposals.

This procurement consists of one solicitation with the intent to award multiple Indefinite Delivery/Indefinite Quantity (IDIQ) contracts. The Government anticipates awarding a minimum of three contracts as a result of this solicitation.

1.3 MAGNITUDE OF THE ACQUISITION

The total maximum dollar value of this acquisition is $98,000,000 for all contracts over the life of the contracts or 36 months, whichever occurs first. The Government may or may not award a Seed Project in place of a minimum guarantee to the lowest price technically acceptable offeror and a minimum guarantee of $5,000 to the other successful offerors for the base period only. The minimum guarantee may be met by the issuance of a task order during the base period or option period(s). The task order minimum and maximum will be stated as $250,000 to $5,000,000, respectively.

1.4 PROPOSAL EVALUATION

a. The Government intends to award a minimum of three contracts resulting from this solicitation to the responsible offerors with the lowest price technically acceptable proposal based on the evaluation factors in the solicitation.

b. Proposals are evaluated for technical acceptability but not ranked using the non-cost/price factors.

Tradeoffs are not permitted.

c. The number of proposals to be evaluated for technical acceptability may be limited to the three lowest priced offers. Technical proposals shall be provided to the evaluator(s) without any identification of prices or any rank order of prices. The process described will be conducted as many times as necessary, until such time as the Government identifies an acceptable amount of technically acceptable proposals. If the contracting officer later determines that discussions are necessary, the procedures in FAR 15.306 shall be followed.

d. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract.

1.5 ENFORCEABILITY OF THE PROPOSAL

The proposals must set forth full, accurate and complete information as required by this solicitation. The Government will rely on such information in the award of the contracts. By submission of the offer, the Offeror agrees that all items proposed (e.g., key personnel, designers, subcontractors, etc.) will be utilized for the duration of the contract and any substitutions will be equal or better than as proposed and accepted for contract award and shall require prior Contracting Officer's approval.

PART II – EVALUATION CRITERIA

2.1 BASIS OF AWARD

a. The Government intends to evaluate proposals and award a minimum of three contracts 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.

b. The number of proposals to be evaluated for technical acceptability may be limited to the three lowest priced offers at the discretion of the Contracting Officer.

c. An overall non-price factors rating must be at least “ACCEPTABLE” in order to be eligible for award.

An “UNACCEPTABLE” rating in any factor results in the overall non-price factors proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factors rating of “UNACCEPTABLE” makes a proposal ineligible for award.

2.2 EVALUATION FACTORS

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

Factor 1 – Corporate Experience

Factor 2 – Safety

Factor 3 - Past Performance

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

a. Price Evaluation:

1. Price.

(a) Solicitation Submittal Requirements.

(1) Signed and completed Standard Form 1442;

(2) Acknowledgment of all amendments issued for this RFP;

(3) Proposal Schedule for the Seed Project;

(4) Bid guarantee for the seed project;

(5) A Copy of Representations and Certifications in System for Award Management

(SAM);

(6) Contractor Information Sheet (Section 00600);

(7) All fillable provisions in Section 00600. FAR 52.204-8, Annual Representations and Certifications, which requires the offeror to complete the annual representations and certifications electronically via SAM. Ensure you also complete the DFARS provisions;

(8) CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate);

(9) Evidence of submission of VETS-4212 Report, entitled “Federal Contractor Veterans’ Employment Report (VETS-4212 Report),” as required by FAR 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (If not applicable, provide statement that Offeror has not had contracts subject to this requirement.);

(10) A current balance sheet which will be used for responsibility determination.

2. BASIS OF EVALUATION

(a) The price proposal for the seed project (which may or may not be awarded) will be evaluated to determine the reasonableness of the Offeror’s proposal. One or more of the following techniques will be used to ensure a fair and reasonable price:

Comparison of proposed prices received in response to the solicitation.

Comparison of proposed prices with the independent Government estimate.

Comparison of proposed prices with available historical information.

Comparison of information reports obtained from Defense Contract Audit Agency (DCAA) or other outside agencies as required.

b. NON-COST/PRICE EVALUATION FACTORS

1. Factor 1 – Corporate Experience:

(a) Solicitation Submittal Requirements:

The Offeror shall submit the following information:

(1) Construction Experience:

i. Submit a maximum of five (5) relevant construction projects in which the Offeror was the Prime Contractor that best demonstrates the Offeror’s experience on relevant projects that are similar in size, scope, and complexity to the Request for Proposal (RFP). Out of the maximum of five (5) construction projects, at least two (2) projects shall be new construction and one (1) project shall be repair/alteration or related demolition of existing infrastructure. For purposes of this evaluation, a relevant project is defined as new construction and/or repair, alteration and related demolition of existing infrastructure completed within the past five years of the issue date for this RFP. Infrastructure is defined as: 1) residential building construction; 2) construction for industrial buildings and warehouses; 3) nonresidential buildings, other than industrial buildings and warehouses;

or 4) improvements such as utilities, landscaping, airfields and roadways. “New Construction” is defined as construction that provides for new or expanded facilities or infrastructure. New construction does not include repair and/or modernization of an existing facility nor does it include replacement or upgrade to an existing infrastructure.

The Offeror must have been a Prime Contractor for the relevant projects and each relevant project shall be $1,000,000 or more in dollar value and be completed within the past five (5) years of the date of issuance of this

RFP.

ii. A relevant project is defined as a construction project performed under a single task order or contract. For multiple award and IDIQ type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project.

iii. The attached Construction & Design Experience Project Data Sheet (Attachment C1) is MANDATORY and SHALL be used to submit relevant project information. If the same relevant project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and for design. Except as specifically requested, the Government will not consider information submitted in addition to this form. Do not alter the Construction & Design Experience Project Data Sheet (Attachment C1) with the exception of expanding the individual blocks on this form; however, total length for each relevant project data sheet shall not exceed one (1) double-sided 8.5” x 11” page (or two (2) single-sided 8.5” x 11” pages) and shall be Arial 11 font (minimum).

iv. For all submitted relevant projects, the description of the relevant 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). The description shall identify which type of infrastructure each submitted project represents. 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 validation or certification documentation will not be included in the page limitation of the Construction & Design Experience Project Data Sheet (Attachment C1).

v. If the Offeror is a JV or a participant of the Small Business Administration (SBA) Mentor-Protégé Program, relevant project experience shall be submitted for relevant projects completed by the JV entity or SBA Mentor-Protégé as the prime contractor. If the JV or SBA Mentor-Protégé does not have shared experience, relevant projects shall be submitted for each JV partner or for the Mentor and for the Protégé for which they were prime contractors. At least one (1) relevant project from each JV partner, or at least one (1) project from the Mentor and one (1) project from the Protégé, shall be submitted. Offerors are still limited to a total of five

(5) relevant projects combined.

(2) Design Experience

i. Submit a maximum of three (3) relevant design projects for the design team that best demonstrates design experience on relevant projects that are similar in size, scope, and complexity to the RFP.