N6274218R1305_PH1_RFP.pdf

REQUEST FOR PROPOSAL

N62742-18-R-1305

MULTIPLE AWARD CONSTRUCTION

CONTRACT (MACC) FOR U.S. MILITARY

CONSTRUCTION PROJECTS IN GUAM

AND OTHER AREAS UNDER THE

COGNIZANCE OF NAVFAC PACIFIC

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas Under the Cognizance of NAVFAC Pacific

RFP N62742-18-R-1305

PROJECT TABLE OF CONTENTS

CONTRACTS TABLE OF CONTENTS

(1) REQUEST FOR PROPOSAL DOCUMENTS FOR N62742-18-R-1305

PART 1 – PROPOSAL FORMS AND DOCUMENTS

(A) SOLICITATION, OFFER AND AWARD (SF1442) (Rev. 4-85)

(B) 00100 INSTRUCTIONS TO PROPOSERS

(C) 00202 EVALUATION FACTORS FOR AWARD

(D) 00600 REPRESENTATIONS AND CERTIFICATIONS

(E) 00700 CONTRACT CLAUSES (BY REFERENCE)

(F) 00800 LABOR REQUIREMENTS

(G) 00801 SPECIAL CONTRACT REQUIREMENTS

(H) 00802 CONTRACT ADMINISTRATION

(I) 00803 TASK ORDER ISSUANCE PROCEDURES

PART 2 – GENERAL REQUIREMENTS

ISSUED WITH INDIVIDUAL TASK ORDER

PART 3 – PROJECT PROGRAM

ISSUED WITH INDIVIDUAL TASK ORDER

PART 4 – PERFORMANCE TECHNICAL SPECIFICATIONS

ISSUED WITH INDIVIDUAL TASK ORDER

PART 5 – PRESCRIPTIVE TECHNICAL SPECIFICATIONS

ISSUED WITH INDIVIDUAL TASK ORDER

PART 6 – ATTACHMENTS

ISSUED WITH INDIVIDUAL TASK ORDER

RFP N62742-18-R-1305, MULTIPLE AWARD CONSTRUCTION CONTRACT (MACC) FOR U.S. MILITARY CONSTRUCTION PROJECTS

IN GUAM AND OTHER AREAS UNDER THE COGNIZANCE OF NAVFAC PACIFIC

GENERAL DESCRIPTION: SEE CONTINUATION SHEET

THIS PROCUREMENT IS UNRESTRICTED. North American Industry Classification System (NAICS) Code 236220—Commercial and Industrial Building Construction—Average Annual Receipts for the Past 3 Years--$36.5M. However may also include Subsection 237 – Heavy and Civil Engineering Construction.

DPAS RATING: DO-C2

ENFORCEABILITY OF PROPOSAL: The Government shall consider the “offeror” to be the legal entity identified in Block 14 of the phase-one of the proposal. The legal entity that submitted the phase-one offer shall not be changed, assigned, or otherwise substituted prior to award under any circumstances. The proposal must set forth full, accurate, and complete information as required by this solicitation. The Government will rely on such information in the award of a contract. By submission of the offer, the offeror agrees that all items proposed (e.g., technical approach, subcontractors with teaming agreements, etc.) will be enforced for the duration of the contract. Any substitutions after contract award will be equal or better than as proposed and shall require Contracting Officer's approval prior to implementation.

LESLIE TAKAYAMA-HO (808) 471-3416

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

16 July 2018

(RFP)

(IFB)

X

CALL:

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

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 within _______15 calendar days and complete it within _____ calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Task Orders

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.)

YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________See Doc 00100 copies to perform the work required are due at the place specified in Item 8 by ___________ local time ______________ See Doc 00100 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee is, is not required.

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

D. Offers providing less than _______ 150 calendar days for Government acceptance after the date offers are due will not be considered and will 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 PACIFIC

A-E/CONSTR CONTRACTS BRANCH (CODE ACQ31)

258 MAKALAPA DR STE 100

JBPHH HI 96860-3434

N62742

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM HST (hour)

Sealed envelopes containing offers

HAND DELIVER

NAVFAC PACIFIC

CONSTRUCTION CONTRACTS BR (ACQ31)

4252 RADFORD DR, BLDG 62

HONOLULU HI 96818-3296

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

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

FAX: TEL: TEL: FAX:

X

X

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 work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ 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 offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-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

(Must be fully completed by offeror) OFFER

BLOCK 10 CONTINUED

SOLICITATION, OFFER, AND AWARD (SF1442) BLOCK 10 CONTINUATION:

DESCRIPTION OF WORK: All work under the MACC will be initiated by task orders that are competed amongst only the MACC holders (firms awarded one of the potential contracts). The work to be performed under the Multiple Award Construction Contract (MACC) is for the design and construction of a broad range of new construction, repair, renovation and minor construction within the primary North American Industry Classification System code 236220. However, it will also include Subsection 237 – Heavy and Civil Engineering Construction.

Contractors will be expected to accomplish a wide variety of individual construction tasks, including design/build (ranging from 15% up to 100% level of effort), renovation, additions/upgrades and new construction. Work may include, but is not limited to, barracks/dormitories, administrative facilities, communication facilities, educational facilities, medical/dental/hospital facilities, dining facilities, industrial facilities, warehouse facilities, ranges, operational/training facilities, roads, streets, bridges, site utilities/infrastructure, dredging, and aviation facilities (including hangars and aprons) and other base development facilities. Projects may also require incorporation of sustainable features. The majority of the work will be performed in the Territory of Guam but may include other areas under the cognizance of the NAVFAC Pacific

ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT

QUANTITY

0001 990,000,000 Dollars, U.S.

D-B MACC NAVFACPAC AOR-BASE PERIOD

FFP

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the MACC for U.S. Military Construction Projects in Guam and Other Areas under the cognizance of NAVFAC PAC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $990,000,000. Each contract will have a base period of 12 months and four 12-month option periods.

FOB: Destination

[DO NOT COMPLETE]

MAX

NET AMT

0002 UNDEFINED Dollars, U.S.

D-B MACC NAVFACPAC AOR-OPTION PERIOD #1

FFP

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the MACC for U.S. Military Construction Projects in Guam and Other Areas under the cognizance of NAVFAC PAC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $990,000,000. Each contract

0003 UNDEFINED Dollars, U.S.

D-B MACC NAVFACPAC AOR-OPTION PERIOD #2

FFP

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the MACC for U.S. Military Construction Projects in Guam and Other Areas under the cognizance of NAVFAC PAC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $990,000,000. Each contract

0004 UNDEFINED Dollars, U.S.

D-B MACC NAVFACPAC AOR-OPTION PERIOD #3

FFP

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the MACC for U.S. Military Construction Projects in Guam and Other Areas under the cognizance of NAVFAC PAC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $990,000,000. Each contract

0005 UNDEFINED Dollars, U.S.

D-B MACC NAVFACPAC AOR-OPTION PERIOD #4

FFP

This Indefinite Delivery Indefinite Quantity (IDIQ) contract is one of the contracts under the MACC for U.S. Military Construction Projects in Guam and Other Areas under the cognizance of NAVFAC PAC. The actual amount of work to be ordered and the time of such performance will be determined by a contracting officer who will issue written task orders. The total value of all awarded contracts will not exceed $990,000,000. Each contract

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas Under the Cognizance of NAVFAC Pacific

DOCUMENT 00100 TABLE OF CONTENTS

DOCUMENT 00100

INSTRUCTIONS TO PROPOSERS

3/18

1.1 GENERAL REQUIREMENTS

1.2 NUMBER OF COPIES/TIME OF RECEIPT

1.3 INSTRUCTION FOR OBTAINING THE REQUEST FOR PROPOSAL

1.4 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

1.5 AMENDMENTS

1.6 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

1.7 PARTNERSHIPS, JOINT VENTURES (JV), LIMITED LIABILITY COMPANIES (LLC), LIMITED

PARTNERSHIPS (LP), ETC.

1.8 FAR 52.204-7, SYSTEM FOR AWARD MANAGEMENT (OCT 2016) / DFARS 252.204-7004

ALTERNATE A SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

1.9 FAR 52.204-16, COMMERCIAL AND GOVERNMENT ENTITY REPORTING (JUL 2016)

1.10 FAR 52.211-14, NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

1.11 FAR 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

1.12 FAR 52.214-35, SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

1.13 FAR 52.215-1, INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

1.14 FAR 52.216-1, TYPE OF CONTRACT (APR 1984)

1.15 FAR 52.216-27, SINGLE OR MULTIPLE AWARDS (OCT 1995)

1.16 FAR 52.222-23, NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

1.17 FAR 52.233-2, SERVICE OF PROTEST (SEP 2006)

1.18 DFARS 252.204-7008, COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

1.19 TERRITORY OF GUAM NOTICE CONCERNING TAXES, LICENSES, WITHHOLDINGS

--End Document Table of Contents--

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas

DOCUMENT 00100

INSTRUCTIONS TO PROPOSERS

3/18

1.1 GENERAL REQUIREMENTS

A MACC is a contract awarded from a single solicitation, and may result in award to multiple contractors. This procurement consists of one solicitation with the intent to award a minimum of three (3) Indefinite Delivery Indefinite Quantity (IDIQ) type construction contracts to the offeror(s) whose proposal(s), conforming to the RFP, will be most advantageous to the Government resulting in the best value, price and non-price factors considered.

Successful offerors will compete for future work during the term of the contract. If determined to be in the best interest of the Government, less than 3 contracts may be awarded or the Government may cancel the procurement.

This procurement will follow the two-phase design-build selection procedures in accordance with FAR 36.3. The Government will evaluate phase-one proposals and select the most highly qualified offerors (not to exceed five) to submit phase-two proposals. Phase-two will select the best value offerors using the tradeoff source selection process.

1.2 NUMBER OF COPIES/TIME OF RECEIPT

a. PHASE 1 PROPOSAL (FACTORS 1 THROUGH 3) (PAPER): An original paper and three (3) paper copies of the Phase 1 submission for Factors 1 through 3 shall be submitted on 20 September 2018, 2:00 p.m., H.S.T. in a sealed envelope and marked in the bottom right corner "PHASE 1 PROPOSAL SUBMITTED UNDER RFP N62742-18-R-1305 - DO NOT OPEN IN MAILROOM." The PHASE 1 SUBMISSION shall include the following:

(1) Signed* and completed SF 1442 (Solicitation, Offer and Award)

(2) Representations and Certifications (Document 00600)

(3) Information required by paragraph 1.6, Pre-Award Survey/Responsibility Determination

(4) Information required by paragraph 1.7, Partnerships, Joint Ventures (JV), Limited Liability Companies (LLC), Limited Partnerships (LP), Etc.

(5) All information required by Factor 1, Technical Approach

(6) All information required by Factor 2, Experience

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

*The offeror shall submit a document that appoints, in writing, one or more individuals, by name, each of whom will have full and independent authority to bind the offeror with respect to any act connected with this solicitation, including but not limited to: the submission and revisions of a proposal or proposals by the company, the conduct of discussion or negotiations, the submission of a Final Proposal Revision (FPR), and the execution of a contract and associated documents including bonds. Documents of appointment by a supporting resolution of the board of directors in the case of a corporation and by an instrument of similarly binding character in the case of an unincorporated entity.

The proposal and each bond or other document submitted by or on behalf of the joint venture shall be executed by each joint venture partner and shall be accompanied by evidence of the authority of the signer. That authority shall be evidenced by a document satisfactory to the Contracting Officer, which would ordinarily be, in the case of a corporate joint venture partner, a certified copy of a resolution of the board of directors, and I the case of an unincorporated joint venture partner, an instrument of similarly binding character duly executed by that entity. If one individual signs for more than one partner, the individual must sign separately for each partner which he or she represents, and must state under each signature the capacity in which he or she is signing (See FAR 4.102).

b. PHASE 1 PROPOSAL (ELECTRONIC): An electronic copy of the Phase 1 submission shall be submitted in .pdf format on a CD-ROM with the paper copy. The offeror is responsible for ensuring that all original paper and

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas electronic copies are identical. Should there be a discrepancy between the paper and electronic versions, the paper copy shall govern.

c. Proposals shall be submitted as follows:

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

NAVAL FACILITIES ENGINEERING COMMAND, PACIFIC

Construction Contracts Branch (ACQ31) 258 Makalapa Drive, Suite 100 Pearl Harbor, HI 96860-3134

(2) If hand-carried/ (Delivery hours between 7:00 AM and 2:00 PM, Monday Through Friday except Federal Holidays)

NAVAL FACILITIES ENGINEERING COMMAND, PACIFIC

Construction Contracts Branch (ACQ31) 4256 Radford Drive, Building 62 (if facing the building office is on the right. DO NOT drop off at the Navy Federal Credit Union) Honolulu, HI 96818-3296

1.3 INSTRUCTION FOR OBTAINING THE REQUEST FOR PROPOSAL

The Phase 1 RFP can be accessed at the following link https://www.neco.navy.mil. Printed copies of the RFP will not be issued.

1.4 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Questions regarding the solicitation shall be submitted in writing in WORD format via electronic mail to Ms. Leslie Takayama-Ho, leslie.takayama-ho@navy.mil. Questions shall reference the specific areas of this Phase I documents, including paragraph number. Verbal queries will not be entertained. Responses to the questions will be posted to the web site https://www.neco.navy.mil. The Government may not respond to questions submitted less than 10 days before the proposal receipt due date.

1.5 AMENDMENTS

Amendments will be posted to the web site http://www.neco.navy.mil. It is highly recommended that firms register on the NECO website as a planholder as this will be the only planholder’s list available. It is the offeror's responsibility to check the NECO website periodically for any amendments to the solicitation.

1.6 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 the 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 non-price proposal evaluation. The following information shall be submitted:

a. Company financial statements (balance sheets and income statements) for past three years.

b. 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

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For joint ventures discuss the financial responsibilities for each partner.

c. Newly-formed entities (e.g. limited liability companies (“LLC’s”), limited partnerships (“LTD’s”) and newly-created corporate subsidiaries) that is the entity liable for the contract ordinarily have no 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. The offeror shall provide a guaranty agreement (See Form DCMA Form 1620 attached) for the contract price.

d. A list of existing commercial and government business commitments to include contract numbers, names of Contracting Officers, telephone numbers, value of contract, completion date and percent complete. If the list of existing commitments is extensive, provide the required information on at least five projects of similar dollar value and a summary of the existing commitments to include number of contracts, total dollar value of all contracts, and total dollar value of work remaining.

e. Copy of the email confirmation of receipt notification of successful submission of the VETS-4212.

The information submitted for the pre-award survey will not be considered in the non-price proposal evaluation unless separately submitted pursuant to the non-price proposal evaluation factor submission requirements.

1.7 PARTNERSHIPS, 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, Joint Ventures, Limited Liability Companies, Limited Partnerships and Mentor-Protégé arrangements shall submit the following additional documentation regarding their business entities:

a. A copy of the Partnership Agreement, JV Agreement(s), LLC Operating Agreement(s), LP Agreement(s), and/or Mentor-Protégé Agreement(s). Contractor shall provide an updated copy whenever any change is made to the agreement.

b. Together with its proposal, each corporate joint venture partner shall submit evidence satisfactory to the Contracting Officer that its board of directors has approved its participation in the joint venture. Such evidence shall be in the form of a copy of a resolution of the board of directors, certified by the Secretary of the Corporation.

c. Together with its proposal, each joint venture partner which is an unincorporated entity shall submit evidence satisfactory to the Contracting Officer that all persons or entities which must approve decisions affecting the joint venture partner have approved the participation of the joint venture partner in the joint venture.

d. 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, control, and the controlling partner’s authority to obligate the entity.

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 Offeror (including authority to execute the contract documents and bonds).

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas

5. Procedures in the event the entity is dissolved.

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

f. The information submitted herein regarding Offeror’s team arrangement will not be considered in the non-price proposal evaluation unless separately provided pursuant to the non-price proposal evaluation factor submission requirements.

1.8 FAR 52.204-7, SYSTEM FOR AWARD MANAGEMENT (OCT 2016) DFARS 252.204-7004,

ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision—

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and

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

(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 part of the SAM registration process; and

(4) The Government has marked the record “Active.”

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company Physical Street Address, City, State, and Zip Code.

(4) Company Mailing Address, City, State and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov .

1.9 FAR 52.204-16, COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(a) Definition. As used in this provision—

“Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO

Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://www.cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

1.10 FAR 52.211-14, NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be _ DX rated order; X DO-C2 rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

1.11 FAR 52.214-34, SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

1.12 FAR 52.214-35, SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.

dollars shall be rejected.

1.13 FAR 52.215-1, INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. 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.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

1.14 FAR 52.216-1, TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an indefinite-quantity, indefinite delivery (IDIQ) type contract(s) resulting from this solicitation. The actual number of work to be performed and the time of such performance will be determined by a contracting officer, who will issue written task orders to the Contractor. Award of task orders will be on a firm-fixed price basis. This is not a requirements contract.

1.15 FAR 52.216-27, SINGLE OR MULITPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to three or more sources under this solicitation.

1.16 FAR 52.222-23, NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offerors attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation Goals for female for each trade participation for each trade

Honolulu 69.1 6.9 Kauai 70.4 6.9 Guam 0 6.9

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246 as amended, and the regulations in 41 CFR 60.4 shall be based on its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. T he Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60.4. Compliance with the goals will be measured against the total work hours performed.

Multiple Award Construction Contract (MACC) for U.S. Military Construction Projects in Guam and Other Areas

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor; (i) Employer identification number of the subcontractor;

(2) Estimated dollar amount of the subcontract;

(3) Estimated starting and completion dates of the subcontract; and

(4) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Guam, Honolulu or Kauai County, as applicable to task order location.

1.17 FAR 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 General Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from NAVFACENGCOM, Pacific (ACQ33), Construction Contracts Branch, 258 Makalapa Drive, Suite 100, Joint Base Pearl Harbor-Hickam, HI 96860-3134.

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

1.18 DFARS 252.204-7008, COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” “covered defense information,” “cyber incident,” “information system,” and “technical information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2)—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 “Protecting Controlled Unclassified Information in Nonfederal Information Systems and…