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WORK ORDER NOS. 1556197 & 1588795

REQUEST FOR PROPOSAL

N62742-18-R-1317

FY15 P-101 & FY17 P-102 ECIP ROJECTS,

SOLAR PHOTOVOLTAIC ARRAY,

U.S. NAVY SUPPORT FACILITY,

DIEGO GARCIA,

BRITISH INDIAN OCEAN TERRITORIES

(B.I.O.T.)

FY15 P-101 & FY17 P-102 ECIP PROJECTS, SOLAR PHOTOVOLTAIC ARRAY WONs # 1556197

U.S. NAVY SUPPORT FACILITY, DIEGO GARCIA, B.I.O.T. 1588795

RFP N62742-18-R-1317

CONTRACT TABLE OF CONTENTS

CONTRACTS TABLE OF CONTENTS

(1) PROPOSAL DOCUMENTS

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

(B) 00100 INSTRUCTIONS TO OFFERORS

(C) 00 01 15 LIST OF DRAWINGS

(D) 00202 EVALUATION FACTORS FOR AWARD

(E) 00600 REPRESENTATIONS AND CERTIFICATIONS

(F) 00700 CONTRACT CLAUSES

(G) NAVFAC SPECIFICATION WORK ORDER NO (WON). 1556197 & 1588795

(2) CONTRACT FORMS AND CONDITIONS OF THE CONTRACT

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

(B) 00 01 15 LIST OF DRAWINGS

(C) 00700 CONTRACT CLAUSES (FULL TEXT)

(D) NAVFAC SPECIFICATION WORK ORDER NO (WON) 1556197 & 1588795

N62742-18-R-1317

RFP N62742-18-R-1317, FY15 P-101 & FY17 P-102 ECIP PROJECTS, SOLAR PHOTOVOLTAIC ARRAY, U.S. NAVY SUPPORT FACILITY, DIEGO GARCIA, BRITISH INDIAN OCEAN TERRITORIES (B.I.O.T)

GENERAL DESCRIPTION: SEE SECTION 01 11 00, Paragraph 1.2.1 Project Description

THIS PROCUREMENT IS UNRESTRICTED. North American Industry Classification System (NAICS) Code 237130—Power and Communication Line and Related Structures Construction—Average Annual Receipts for the Past 3 Years--$36.5

ESTIMATED COST: BETWEEN $25,000,000 and $100,000,000

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 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

02 August 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 _730___ calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _______________ Document 00700

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

SOLICITATION, OFFER AND AWARD (SF 1442), CONTINUED

PRICE PROPOSAL SCHEDULE

FOR

FY15 P-101 & FY17 P-102 ECIP PROJECTS, SOLAR PHOTOVOLTAIC ARRAY,

U.S. NAVY SUPPORT FACILITY, DIEGO GARCIA, B.I.O.T.

SF1442

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE ITEM:

The basis for CLIN 0001 is the price for all work complete in accordance with the drawings and specifications for WON 1556197

1.00

Lump Sum

0002 The basis for CLIN 0002 is the price for all work complete in accordance with the drawings and specifications for WON 1588795

1.00 Lump

Sum

Notes:

1. A firm-fixed price is required for all line items.

2. The Offeror SHALL include price for ALL CLINs/SLINs.

3. Multiple awards will not be made.

4. DFARS 252.247-7023, TRANSPORTATION OF SUPPLIES BY SEA. Within 30 days of each shipment, the Contractor is required to provide an electronic copy of the carrier's bill of lading to the Contracting Officer and to MARAD via e-mail. MARAD email: Marguerite.Speights@dot.gov. In addition, the Contractor shall notify the Contracting Officer when oceanic shipments have been initiated within 3 working days of shipment.

FY15 P-101 & FY17 P-102 ECIP PROJECTS, SOLAR PHOTOVOLTAIC ARRAY, WONs # 1556197

NAVY SUPPORT FACILITY, DIEGO GARCIA, B.I.O.T. 1588795

N62742-18-R-1317

DOCUMENT 00100 TABLE OF CONTENTS

DOCUMENT 00100

INSTRUCTIONS TO PROPOSERS

3/18

1.1 PROCUREMENT RESTRICTIONS

1.2 WORKFORCE COMPOSITION AND LABOR REQUIREMENTS

1.3 DIEGO GARCIA – GEOGRAPHICAL CHARACTERISTICS

1.4 NUMBER OF COPIES/TIME OF RECEIPT *

1.5 INSTRUCTION FOR OBTAINING THE REQUEST FOR PROPOSAL

1.6 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

1.7 AMENDMENTS

1.8 PREAWARD SURVEY/RESPONSIBILITY DETERMINATION

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

PARTNERSHIPS (LP), ETC.

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

ALTERNATE A SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

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

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

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

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

1.14 FAR 52.222-56, CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN

(MAR 2015)

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

1.16 FAR 52.236-27, SITE VISIT (CONSTRUCTION) (FEB 1995)

1.17 FAR 52.236-28, PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

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

CONTROLS (OCT 2016)

1.19 DFARS 252.215-7008, ONLY ONE OFFER (OCT 2013)

--End Document Table of Contents--

FY15 P-101 & FY17 P-102 ECIP PROJECTS SOLAR PHOTOVOLTAIC ARRAY WONs # 1556197

N62742-18-R-1317

DOCUMENT 00100

DOCUMENT 00100

INSTRUCTIONS TO PROPOSERS

3/18

1.1 PROCUREMENT RESTRICTIONS

(a) In accordance with the Exchange of Notes between the United States (U.S.) and the United Kingdom of Great Britain and Northern Ireland (U.K.), this procurement is restricted to joint ventures exclusively between U.S. and U.K. firms. If no qualified and responsible U.S./U.K. joint ventures submit proposals, only U.S. firms may be considered for award. In any U.S./U.K. joint venture, the percentage of participation between U.S. and U.K. firms will be a matter of negotiations between members of the joint venture consortium, but in no event will U.S.

participation be less than 60% or U.K. participation below 20%. In any U.S./U.K. joint ventures, management control shall be vested in the U.S. partner or partners.

(b) DEFINITION OF U.S. CONTRACTOR

(1) One whose headquarters, main business address, and principal place of business is in one of the fifty states of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, or Guam.

(2) One which has been legally organized under the laws of one of the fifty states of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, or Guam.

(3) One which has filed any required local, state, federal franchise, employment, and income tax returns in each of the two tax years immediately preceding the initial issuance of the solicitation and has made any payment legally required for those years.

(4) One in which all officers, partners, joint ventures or the sole proprietor as the case may be shall be U.S.

citizens.

(5) One which has performed administrative, technical, professional, or construction services, services, similar in complexity, type of work and value to the project planned for acquisition, within the fifty states of the United States, its territories, and possessions.

(6) One which employs U.S. citizens in all corporate officer positions.

Each U.S. contractor participating in any joint venture must meet all six of the above criteria.

(c) DEFINITION OF A U.K. CONTRACTOR

For the purpose of this contract, a U.K. Contractor is defined as one which has been certified by the British Foreign and Commonwealth Office as acceptable.

(d) JOINT VENTURE REQUIREMENTS

(1) 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.

(2) 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.

N62742-18-R-1317

DOCUMENT 00100

(3) At the time it submits its proposal, each joint venture shall appoint in writing one or more individuals, by name, each of whom will have full and independent authority to bind the joint venture with respect to any act connected with the participation by the joint venture in this solicitation, including but not limited to) the submission and revision of a proposal or proposals by the company, the conduct of discussion or negotiations, the submission of a Final Proposal Revision (formerly best and final offer), 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 corporate joint venture partner and by an instrument of similarly binding character in the case of an unincorporated entity.

(4) Each bond or other document submitted by or on behalf of the joint venture shall be executed by each joint venture partner and 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 in 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).

(5) Each joint venture shall provide a copy of the joint venture agreement to the Contracting Officer with its proposal and shall provide an updated copy whenever any change is made to the agreement.

(6) Together with its proposal, each joint venture partner shall submit evidence that it meets the criteria for a U.S. or U.K. contractor, as applicable, as defined above.

1.2 WORKFORCE COMPOSITION AND LABOR REQUIREMENTS

(a) Composition of Contractor work force shall be consistent with the current agreement between the U.S. and the U.K. The work force shall be hired from U.S., U.K. or Third Country National (TCN) sources in accordance with the agreement. Before a subcontractor or workers from a third country are introduced, the appropriate administrative authorities of the two Governments (U.S. and U.K.) shall be consulted.

(b) For those offerors anticipating the use of Filipino labor, the Government of the Philippines (GOP) requires its approval of contract proposals which contemplate use of its citizens. An official GOP document certifying GOP approval of employment terms for use of Filipino labor must be submitted within 10 days after award of the contract. Failure to submit such certification may result in contract termination. Interested offerors should direct all questions and coordinate all efforts regarding standards and requirements for timely GOP approval to the Labor Attache, American Embassy in Manila.

(c) Contractor personnel are prohibited from engaging in any commercial enterprise or occupation on Diego Garcia other than the work covered by the contract. The prohibition specifically includes, but is not limited to, commercial fishing and oil or mineral exploration and production in or under those areas of the water's continental shelf and seabed around Diego Garcia. Contractor employees may engage in part time employment outside the contract only with written approval of the government and contractor.

(d) The Contractor is prohibited from hiring military, DOD civilian, or other contractor personnel in the performance of this contract except when specifically approved by the Resident Officer in Charge of Construction.

1.3 DIEGO GARCIA – GEOGRAPHICAL CHARACTERISTICS

(a) Diego Garcia is a narrow island nearly enclosing an extensive lagoon, located in the north-central Indian Ocean, an atoll in the Chargos Archipelago. Except at the entrance, it is surrounded by coral reefs. The lagoon side of the island is also largely bordered by a reef. The Chargos Archipelago is part of the British Indian Ocean Territory (BIOT) and is owned and controlled by the British Government. It is approximately 2,400 miles southwest of Bangkok, Thailand, 2,200 miles east of the African Coast, 1,200 miles south of the southern tip of India and 3,085 miles southwest of the Philippine Islands.

N62742-18-R-1317

DOCUMENT 00100

(b) The U.S. Government has access to about 3,700 acres. The eastern half of the island is reserved by the British government. There are beaches on the seaward shore, but within the lagoon, there are significant beaches only at Eclipse Point in the Cantonment area, and at East Point and Observatory Point in the British area. The Eclipse Point beach is fronted by a coral reef. At both East Point and Observatory Point, there are openings in the reef in front of the beaches.

(c) Not only is the total amount of land on Diego Garcia limited, but much of the land area is either underdeveloped or otherwise restricted due to the presence of various clearance requirements related to either safety or operational factors and the desire of the British Government to preserve as much natural island resources as feasible. The maximum speed limit on the island is 35 MPH on main roads and 15 to 25 MPH on limited access roads and in congested areas.

(d) Clouds are mostly of the scattered trade wind cumulus variety. They have a tendency to build up into local rain squalls. The wet season begins in September or October, with the wettest month being in February. The average annual rainfall is about 108 to 120 inches. The dry season is from April to September. During 1961, no rainfall was recorded for a period of 100 days, an unusual occurrence. Precipitation is usually of the showery type. In general visibility is very good (especially at night), except during showers which can lower visibility to zero for short periods.

(e) The air temperature is the most stable of all the weather factors because of the large expanse of water. Rarely does the temperature exceed 90 degrees Fahrenheit. It usually ranges between 80 to 85 degrees Fahrenheit during the day. At night, the temperature is always very pleasant at around 80 degrees Fahrenheit. The average annual daily maximum and minimum temperatures are 84 and 77 degrees Fahrenheit, respectively.

(f) The mean relative humidity of 75 to 85 percent in the morning and 60 to 70 percent in the afternoon is understandably high and results in a discomfort index somewhat higher than temperature alone would indicate.

(g) The prevailing winds are from the southeast (known as the southeast monsoon), an extension of the southeast trade winds. These occur during the dry seasons (April to September), and are most constant during June, July and August. The northwest monsoons, varying in direction from northwest to southeast, prevail during the wet seasons (September or October through March), strong sudden squalls come from the southwest, usually accompanied by thunderstorms. Throughout the year, winds are light (11 knots or less 80 percent of the time). Diego Garcia is located in the development area for southwest Indian Ocean tropical cyclones. Close passage by an intense, fully developed cyclone is, therefore, a rarity. The maximum sustained wind at Diego Garcia, attributed to a tropical cyclone during the last 30 years, was approximately 40 knots. This is not to imply that stronger winds will not affect the island in the future; only that, although the potential exists for strong winds, the probability of their occurrence is extremely low.

(h) Flood tide sets south-southeast and ebb tide north-northwest. The high water interval at full and change at Observatory Point is approximately the same i.e., one (1) hour and 39 minutes. Sprint tides rise 5.7 feet; neap tides are 3.7 feet; the ebb tide flows out of the lagoon at more than two (2) knots at the channel entrance. From December to April, the current set is eastward, and from June to September, the set is westward. During April and part of May, and all of November and December, both winds are currents are variable

1.4 NUMBER OF COPIES/TIME OF RECEIPT

a. PRICE PROPOSAL (PAPER): An original paper and one (1) paper copy of the price proposal shall be submitted on 10 October 2018, 2:00 p.m., H.S.T. in a sealed envelope and marked in the bottom right corner "PRICE PROPOSAL SUBMITTED UNDER RFP N62742-18-R-1317 - DO NOT OPEN IN MAILROOM." The PRICE PROPOSAL shall include the following:

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

(2) Signed* and completed Bid Guarantee

(3) Representations and Certifications (See Section 00 45 00)

(4) Information required by paragraph 1.8, Pre-Award Survey/Responsibility Determination

N62742-18-R-1317

DOCUMENT 00100

(5) Information required by paragraph 1.9, Partnerships, Joint Ventures (JV), Limited Liability Companies (LLC), Limited Partnerships (LP), Etc.

*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 in 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. NON-PRICE PROPOSAL] (FACTORS 1, 2 AND 3) (PAPER): An original paper and three (3) paper copies of the non-price proposal for Factors 1, 2 and 3 shall be submitted on 10 October 2018, 2:00 p.m., H.S.T. in a sealed envelope/package/box and marked in the bottom right corner "TECHNICAL PROPOSAL SUBMITTED UNDER RFP N62742-18-R-1317 - DO NOT OPEN IN MAILROOM." Identify the original proposal as "Original" on the cover of the proposal. The NON-PRICE PROPOSAL shall be submitted in a three-ring binder with table of contents and tabbed. The NON-PRICE PROPOSAL shall include the following:

(1) All information required by Factor 1, Experience

(2) All information required by Factor 2, Past Performance

(3) All information required by Factor 3, Safety

c. PRICE AND NON-PRICE PROPOSALS (ELECTRONIC): An electronic copy of the price and non-price proposals shall be submitted in .pdf format on a CD-ROM with the paper copy of the price proposal. The offeror is responsible for ensuring that all original paper and electronic copies are identical. Should there be a discrepancy between the paper and electronic versions, the paper copy shall govern.

e. Proposals shall be submitted as follows:

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

NAVAL FACILITIES ENGINEERING COMMAND, PACIFIC

Construction Contracts Branch (ACQ33) 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 (ACQ33) 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

1.5 INSTRUCTION FOR OBTAINING THE REQUEST FOR PROPOSAL

N62742-18-R-1317

DOCUMENT 00100

The RFP, excluding the drawings, will be available through the NECO website https://www.neco.navy.mil. The RFP, including the drawings can be accessed at the following direct link https://www.fbo.gov/fedteds/TDPN6274218R1317. Printed copies of the RFP will not be issued. Contractors must register at the Federal Business Opportunities (FBO) website https://www.fbo.gov to obtain access to the RFP drawings. Registration instructions can be found on the FBO website. Once registered in FBO, the contractor must request explicit access to the drawings. An email will be forwarded once the contracting office has approved or declined the request. Approved contractors may view and/or download the drawings.

1.6 INSTRUCTIONS FOR SUBMITTING QUESTIONS REGARDING SOLICITATION

Questions regarding the solicitation shall be submitted in writing in WORD format via electronic mail to Leslie Takayama-Ho, leslie.takayama-ho@navy.mil. Questions shall reference the drawing/detail and/or the specification section including paragraph number. Verbal queries will not be entertained. Responses to the questions will be provided in the form of a Notice and 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.

1.7 AMENDMENTS

Amendments will normally be posted to the web site https://www.neco.navy.mil. If the amendment contains drawings, the amendment, excluding the drawings, will be posted to http://www.neco.navy.mil. If the amendment contains drawings, the drawings can be accessed at the following direct link https://www.fbo.gov/fedteds/TDPN6274218R1317. It is highly recommended that firms register on the NECO and FBO website as a planholder as this will be the only planholder’s list available. It is the offeror's responsibility to check the NECO and FBO website periodically for any amendments to the solicitation.

1.8 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 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.

N62742-18-R-1317

DOCUMENT 00100

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.

1.9 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).

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.

1.10 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.

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“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 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.

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(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 .

1.11 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.

1.12 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.

“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.

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(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

(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

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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.

(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.

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(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.

(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.

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

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

1.14 FAR 52.222-56, CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (MAR 2015)

(a) The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause 52.222-50).

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(b) The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that—

(1) Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and

(2) Has an estimated value that exceeds $500,000.

(c) The certification shall state that—

(1) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at 52.222-50, Combating Trafficking in Persons; and

(2) After having conducted due diligence, either—

(i) To the best of the Offeror’s knowledge and belief, neither it nor any of its proposed agents, subcontractors,…

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