N6449823R4040.pdf

This solicitation is a 100% small business set aside.

The North American Industry Classif ication System (NAICS) code is 238220.

IAW FAR 36.204, the estimated construction magnitude of this project is betw en $250,000 and $500,000.

A site visit w ill be held on Tuesday, 1 August 2023 at 1000 EST. All requests to attend the site visit, including visitor name, company name and address, must be sent to michael.j.hunter86.civ@us.navy.mil and david.a.rhoads8.civ@us.navy.mil no later than Wednesday, 26 July 2023 at 1400 EST. Requests received after this date may not have suff icient time for processing. Further information w ill be provided upon request of attendance, including exact location, security processing, etc.

A proposal submitted prior to the date in Block 13a below w ill be accepted and is highly encouraged.

MICHAEL J HUNTER (267)499-0384

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

12-Jul-2023

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

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

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________100 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________11 Aug 2023 (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 X is, is not required.

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

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

NAVAL SURFACE WARFARE CENTER PHILA

CODE 0242, MICHAEL HUNTER

MICHAEL.J.HUNTER86.CIV@US.NAVY.MIL

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112

N64498

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: 267-499-0384 TEL: FAX:

N6449823R4040 99

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

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

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot 77H Replace HP 7,9,10,11,12

FFP

All work shall be completed IAW Section 01 00 00 Statement of Work FOB: Destination

PSC CD: J041

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 100 dys. ADC 1 NSWCPD FACILITIES

MARK LAGATTA

5001 S BROAD ST.

BLDG 4

PHILADELPHIA PA 19112

215-897-8321 FOB: Destination

N64498

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO OFFERORS

CONTENT OF PROPOSALS

1 GENERAL INSTRUCTIONS

The Offeror shall submit all information required by this RFP and in the same format as outlined herein. Failure to comply with the requirements of the RFP may result in the Offeror being removed from consideration for award. The Government does not assume the duty to search for data to cure problems it finds in proposals. Proposals shall be sufficiently detailed to enable Government evaluation board members to make a thorough and sound evaluation.

Cost/pricing information should only be present in the Price Section.

No classified information shall be provided.

A “subcontractor” includes any person or entity other than the prime contractor (e.g., consultants, temporary purchased labor, or divisions, subsidiaries, and affiliates of a contractor or subcontractor) who will furnish or furnishes any effort in connection with this prospective contract.

1.1. SUBMISSION OF QUESTIONS

Offerors may submit questions, concerns, or request clarification of any aspect of this solicitation electronically as follows:

TO: michael.j.hunter86.civ@us.navy.mil

The questions should include the page number and paragraph number or identifier which pertains to the Offeror’s question. Questions received without this information may not be answered. The deadline for receipt of questions is COB 2 days after the date of the site visit. Although every effort will be made, the Government makes no guarantee that questions received after this deadline will be answered and response to questions and requests for clarification received after this date shall be at the sole discretion of the Contracting Officer. Acknowledgement of receipt of questions may not be made.

1.2. SOLICITATION CHANGES

Any changes or additional information (responses to questions, amendments, etc.) related to the solicitation will be made available only through the following website: https://sam.gov/ . If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall provide proposals in response to any and all amendments to this solicitation by the date and time specified in the amendment(s).

2. PROPOSAL FORMAT

Proposals shall be prepared on standard 8-1/2” by 11’ paper, set at single-spaced with 1” width spacing, 0” left and right indent and a single blank line before and after each paragraph. The font shall be Times New Roman with a font size of 12 throughout the document.

The Non-Price Section of a Proposal shall not contain any reference to price. They shall be written so that Government personnel evaluating the proposal can arrive at a sound determination as to whether the proposal meets the requirements of this solicitation. To this end, the proposal shall be specific, detailed and complete as to clearly and fully demonstrate that the prospective Contractor has a clear understanding of the technical requirements contained in this solicitation. Statements such as "the Offeror understands", "will comply with the Statement of Work," "standard procedures will be employed," "well known techniques will be used" and general paraphrasing of the Statement of Work are considered inadequate.

2.1. PAGE NUMBERS AND LIMITS

A page is defined as one sheet of paper with typing on one side when printed. When information is contained on both sides of a single sheet of paper it will be counted as two pages and shall be numbered accordingly. Partial pages count as a full page.

Specific page limitations are provided below in Table 3. Pages that exceed the page count limit will not be evaluated by the Government. If the proposal exceeds the identified page limit, the Government will remove all pages exceeding the specified page count. Blank pages must be marked "Intentionally Left Blank." All pages within a page limited section shall be consecutively numbered, starting at page one, and shall not exceed the page limitation.

The following are not included in the page limitations:

Title/Cover page Tables of Contents Glossaries of abbreviations and acronyms Past Performance Questionnaires CPARs Documentation Attachments

2.2 PROPOSAL ELECTRONIC FORMAT AND SUBMISSION REQUIREMENTS

Hand Delivery of Proposals Hand delivery of proposals will not be accepted at the Naval Surface Warfare Center Philadelphia.

Electronic Delivery of Proposals via DoD SAFE Utilization of DoD SAFE at https://safe.apps.mil/ is required for electronic proposal submissions. DoD SAFE supports individual file sizes up to 8GB. Browsers recommended are: Firefox, Chrome and, Edge. Internet Explorer is not recommended. Please note that Internet Explorer limits uploads to 2GB.

NOTE: Past Performance Questionnaires are to be sent directly to Michael Hunter at michael.j.hunter86.civ@us.navy.mil AND David Rhoads; david.a.rhoads8.civ@us.navy.mil and are exempt from DoD SAFE.

When offers are submitted via DoD SAFE, the Government will receive an automated message stating that a file has been “Dropped-Off.” An offer uploaded (“Dropped-Off”) to DoD SAFE is considered to be timely when this automatic system-generated notification email is received by the designated Contracting Officer prior to the due date/time set for receipt of offers. Late submissions will be treated IAW 52.215-1(c)(3)(ii)(A).

In order to submit a proposal via DoD SAFE:

(1) The Contractor shall send a request to the following email addresses michael.j.hunter86.civ@us.navy.mil and david.a.rhoads.civ@us.navy.mil stating their intent to submit a proposal and shall include in that request a valid email address(es).

(2) Within 2 business days from the date of the request, the Contractor will receive a link via email allowing them to upload/“Drop-Off” a proposal in DoD SAFE. The Contractor has 14 days from receipt of the email to “Drop-Off” their proposal in DoD SAFE. Offerors are reminded to be mindful of the due date/time set for receipt of offers.

(3) It is recommended that each Offeror keep a screen shot of the DoD SAFE page showing that the “Drop-Off” has been completed for their records.

The DoD SAFE site is located here: https://safe.apps.mil

Additional information on DoD SAFE from the DON CIO:

https://www.doncio.navy.mil/ContentView.aspx?ID=12719

3. PROPOSAL CONTENT AND ORGANIZATION

Contents Page Limits

SOLICITATION AND AMENDMENT DOCUMENTS None FACTOR 1 BONDING None

FACTOR 2 PAST PERFORMANCE 3

FACTOR 3 TOTAL EVALUATED PRICE None

3.1. SOLICITATION AND AMENDMENT DOCUMENTS

This section is the Offeror’s contractual commitment, complete in every respect and ready for acceptance by the Government.

3.1.1 TRANSMITTAL/COVER LETTER

The Offeror’s proposal shall include a transmittal letter on the Offeror’s letterhead signed by an executive of the company who possesses authority to contractually bind the Offeror. The letter shall provide the name, title, phone number and e-mail address of the Offeror’s principal point of contact for the solicitation and identify those individuals authorized to negotiate with the

Government and contractually bind the Offeror. The letter shall include the following information:

1. A statement that the proposal is made without qualification or exception to any terms and conditions appearing in the solicitation; or if the Offeror takes any exceptions to solicitation, provide a full explanation. Each exception shall be referenced to the applicable paragraph or contract line item number. Any exceptions made, and not clearly delineated here will not be considered or accepted. Any material exceptions to the RFP may render the proposal unacceptable and ineligible for award.

2. A statement that the proposal is valid for at least 90 calendar days after the date established for receipt of offers.

3. Provide the following information pertaining to the Offeror:

a. Commercial and Government Entity (CAGE) number

b. Data Universal Numbering System (DUNs) Number

c. Taxpayer Identification Number (TIN)

d. The names, titles, phone numbers and email addresses of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation.

e. If the proposal contains a “contractor team arrangement” as defined in FAR 9.601, provide information that describes the contractor team arrangement to include any information that will help the Government understand the contractor team arrangement purpose and benefit.

3.1.2 FACTOR 1 – BONDING

(1) Offerors shall submit a complete and signed Bid Guarantee using the SF 24 (Attachment 13 of this solicitation) in accordance with FAR Clause 52.228-1 – Bid Guarantee (amount shall be at least 20 percent of the proposed price, but shall not exceed $3 million)

(2) Offerors shall specifically state whether the Offeror or proposed subcontractor(s) will perform BLDG 77H Remove/Replace HP Split-Systems 7, 9, 10, 11, and 12.

3.1.3 FACTOR 2 – PAST PERFORMANCE

Offerors should provide relevant past performance information for up to three (3) projects for similar or related work performed within the last five (5) years by the Offeror or a proposed major subcontractor (any entity proposed to perform 30% or more of the total proposed contract value for the purposes of this solicitation), whether completed or not, including Federal, State and Local Government and private sector contracts.

For evaluation of Past Performance, the Government may use information from any sources available to it including, but not limited to, the Contract Performance Assessment Reporting System (CPARS.gov)), Federal Awardee Performance and Integrity Information System (FAPIIS), and Electronic Subcontract Reporting System (eSRS). The Government may review relevant past performance information from other sources or through the use of questionnaires. The Past Performance Questionnaire (PPQ) is provided as Attachment 12; Offerors are instructed to complete and return them. Each Offeror has the opportunity to provide in its proposal any information regarding its past performance of contracts similar to the Government's requirement that it would like the Government to consider. This includes information that the Offeror considers essential to the Government's evaluation or explanatory information of poor performance.

Offerors should provide the following information for each project example, even if a CPARS is available for the project:

1. Contract Number

2. Customer/Agency

3. Contracting Officer /Technical Point of Contact/POC (names and telephone numbers)

4. Brief description of the scope of work (as compared to the tasks/requirements of this

SOW)

5. Indicate whether the example is for the Offeror or a proposed major subcontractor (any entity proposed to perform 30% or more of the total proposed contract value for the purposes of this solicitation). If the example is for the Offeror, then indicate whether it was as the Prime Contractor or a Major Subcontractor under this effort.

6. Contract type

7. Award Price

8. Total Labor-Hours of Effort

9. Period of Performance

10. Contract Deliverables

If an Offeror is utilizing past performance examples of affiliates/subsidiaries/parent/LLC/LTD member companies (name of the entity for the past performance example is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent/LLC/LTD member companies firm etc. will have meaningful involvement in the performance of the contract in order for the past performance information of the affiliate/subsidiary/parent/LLC/LTD member companies to be considered. The proposal shall state specific commitments of technical resources (e.g. personnel, equipment) that the affiliate/subsidiary/parent/LLC/LTD member companies commit to the performance of this contract. The proposal shall also describe specific roles of the affiliate/subsidiary/parent/LLC/LTD member companies in terms of the work it will either self perform or manage on behalf of the Offeror in performance of the contract.

To obtain information, the Government may contact the points of contact listed, however, the Government is not required to do so. The Government may contact references other than those provided by the Offeror to evaluate past performance.

Interviews with Program Managers, Contracting Officers, CORs, and the Defense Contract Management Agency may be utilized. The Government may review other relevant past performance information from other sources or conduct questionnaires tailored to the circumstances of the acquisition.

In the event that an Offeror does not have completed reports in the Contractor Performance Assessment Reporting System (CPARS), the Offeror may submit a PPQ for the respective contract. This PPQ (Attachment 12) shall be completed by the customer for the respective project and provided via email to michael.j.hunter86.civ@us.navy.mil before the closing time for receipt of offers. The Offeror shall not complete a PPQ for themselves.

3.1.4 FACTOR 3 – PRICE

(1) Completed SF 1442, signed with all amendments acknowledged

Electronic signatures by responsible parties and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates.

3.2 RFP FILL-INS

The document shall not be embellished with any cover or binding. If the Offeror makes any qualifications to any provisions in the RFP, all such qualifications shall be listed in the transmittal letter to the proposal.

Offerors must fill in all areas of the RFP that contain Offeror fill-ins, including proposed price for CLIN 0001 in Section 00 10 00 - Solicitation. In accordance with 52.252-1 Solicitation Provisions Incorporated by Reference, in lieu of submitting the full text, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its offer or they may elect to submit a completed RFP document in its entirety. (Note - This information is exempt from the font and spacing requirements identified under Paragraph 2).

Offerors shall submit signed Section 00 45 00 - signed Representations, Certifications and Acknowledgements and System for Award Management (SAM). Offerors shall ensure that Representations and Certifications in SAM are current in the Online Representations and Certifications (ORCA) database at www.SAM.gov.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 252.215-7008 Only One Offer DEC 2022 252.215-7010 (Dev) Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data. (DEVIATION 2023-O0004)

JAN 2023

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed-Price contract resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

David Rhoads, Contracting Officer 5001 S. Broad St.

Philadelphia, PA 19112 david.a.rhoads8.civ@us.navy.mil

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

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) A site visit will be held on Tuesday, 1 August 2023 at 10:00am EST at the following address:

Naval Surface Warfare Center Philadelphia Division Building 77H 901 Admiral Peary Way Philadelphia, PA 19112

(c) Offerors will not be admitted into the building without prior authorization. See solicitation posting on Sam.gov for more information.

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

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

www.acquisition.gov

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

252.215-7012 REQUIREMENTS FOR SUBMISSION OF PROPOSALS VIA ELECTRONIC MEDIA (JAN 2018)

The Offeror shall submit the cost portion of the proposal via the following electronic media:

See solicitation “Instructions to Offerors” section 2.2 regarding submissions via DoD Safe

L-204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT

FILES (NAVSEA) (APR 2019)

(a) NAVSEA may use a contractor to manage official contract files hereinafter referred to as "the support contractor", including the official file supporting this procurement. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File management services consist of any of the following:

secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file management services are acquired will contain a requirement that

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the offeror may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed Protected Information, for the unauthorized duplication, release, or disclosure of such Protected Information.

(c) Submission of a proposal will be considered as consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file management support contractor for the limited purpose of executing its file support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Offerors are free to enter into separate non-disclosure agreements with the file support contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the files or otherwise encumber the government.

L-209-H009 NOTIFICATION OF POTENTIAL ORGANIZATIONAL OR PERSONAL CONFLICT(S) OF

INTEREST (NAVSEA) (APR 2022)

(a) Offerors are reminded that certain existing contractual arrangements may preclude, restrict or limit participation, in whole or in part, either as a subcontractor or as a prime contractor under this competitive procurement. Of primary concern are those contractual arrangements in which the Offeror provides support to NSWCPD, or related laboratories (if applicable), in support of operation of the office or any of its programs. General guidance may be found in FAR 9.505; however, this guidance is not all-inclusive. The Offeror's attention is directed to the "Organizational Conflict of Interest" (OCI) or similar requirement which may be contained in current or completed contract(s) which prohibits the prime or subcontractor from providing certain supplies or services to the Government as described above during the period of the current "support" contract(s) or for a period after completion of the "support" contract(s). Notwithstanding the existence or non-existence of an OCI or similar requirement in current or completed contract(s), the Offeror shall comply with FAR subpart 9.5 and identify whether an OCI exists and not rely solely on the presence of an OCI or similar requirement.

(b) Offerors also are reminded that certain potential conflicts of interest may arise where an Offeror has unequal access to nonpublic information about a competitor that may provide the Offeror with an unfair competitive advantage and preclude, restrict or limit participation, in whole or in part, either of the individual, subcontractor or prime contractor under this competitive procurement. For example, a potential conflict may arise if former Department of Navy employee(s), subcontractors, or teaming partners of the Offeror may have gained access to nonpublic information about a competitor through participation in previous or ongoing performance or during the solicitation development/source selection process associated with this competitive procurement, and then participates in the formation of the Offeror’s proposal. Other potential conflicts of interest may arise where either the former Department of Navy employee(s), subcontractors, or teaming partners of the Offeror under this competitive procurement set the ground rules for competition; for example, by drafting specifications or assisting in the drafting of the statement of work. General guidance may be found in FAR 3.101 and 9.505; however, this guidance is not all-inclusive.

(c) If an Offeror identifies a potential conflict of interest that exists at any tier, that Offeror is requested to notify the Contracting Officer within 14 days of the date of this solicitation. The Offeror shall provide: (1) the contract or previous source selection’s solicitation number and name and phone number of the Contracting Officer for the contract which gives rise to a potential conflict of interest; (2) a copy of the requirement; (3) the statement of work and technical instruction from the existing contract, as applicable; (4) a brief description of the type of work to be performed by each subcontractor under the competitive procurement; (5) a brief description of the individual’s, subcontractor’s, or teaming partner’s unequal access to nonpublic information about a competitor, which may lead to a conflict of interest in the formation of the Offeror’s proposal, or establishment of ground rules for this competitive procurement, as applicable; (6) an OCI mitigation plan, as applicable; and (7) any additional information the Contracting Officer should consider in making a determination of whether a conflict of interest exists. The Government may independently verify the information received from the Offeror. The requirement to identify potential conflicts of interest as outlined herein continues until contract award. Notwithstanding the above, the Government reserves the right to determine whether a conflict of interest exists based on any information received from any source.

(d) The Government will notify an Offeror of any conflict of interest within 14 days of receipt of all required information. Those Offerors deemed to have a conflict of interest may be ineligible for award. Failure to provide the information in a timely manner does not waive the Government's rights to make a conflict of interest determination. The Offeror is notified that if it expends time and money on proposal preparation, such expenditure is at its own risk regardless of whether the Government determines a personal or organizational conflict of interest does or does not exist.

(e) Any potential prime contractor which proposes an individual, subcontractor, or teaming partner later determined to have a conflict of interest and deemed ineligible to participate in the current competition, may not be granted the opportunity to revise its proposal to remove the ineligible individual, subcontractor or teaming partner. The Government reserves the right to determine which Offerors remain in the competitive range through the normal source selection process.

(f) If the Offeror determines that a potential organizational and/or personal conflict of interest does not exist at any tier, the Offeror shall include a statement to that effect in its response to this solicitation.

L-215-H007 SUBMISSION OF QUESTIONS BY OFFERORS — ALTERNATE I (NAVSEA) (NOV 2021)

(a) Offerors may submit questions or request clarification of any aspect of this solicitation. It is the Offeror’s responsibility to bring to the attention of the Contracting Officer at the earliest possible time, but prior to the closing date, any ambiguities, discrepancies, inconsistencies, or conflicts between the SOW or PWS (as applicable) and other solicitation documents attached hereto or incorporated by reference. Each question should identify solicitation number, document, page number, paragraph number or other identifier relating to the question. Questions without this information may not be answered. Acknowledgment of questions received will not be made.

(b) The deadline for receipt of questions is COB 2 Business Days after the date of the site visit. Although every effort will be made, the Government makes no guarantee that questions received after the date above will be answered.

(c) All questions shall be submitted via email to the point of contact listed for this solicitation. Responses will be posted to the SAM web page at https://www.SAM.gov.

Section 00 22 16 - Supplementary Instructions to Proposers

M-215-H004 BASIS OF AWARD (NAVSEA) (DEC 2018)

EVALUATION OF PROPOSALS

1. BASIS FOR AWARD

The contract resulting from this solicitation shall be awarded to the responsible Offeror whose offer, conforming to the solicitation, is the lowest priced, technically acceptable.

The rating for all non-price factors must be at least “ACCEPTABLE” in order to be eligible for award.

An “UNACCEPTABLE” rating for any factor results in the proposal being unacceptable and unawardable, unless corrected through discussions, if held.

2. METHODOLOGY

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. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

In order to permit efficient competition and evaluation, the Navy shall utilize the following methodology. Proposals shall initially be assessed for price and placed in order (lowest price to highest price). The Navy shall then evaluate the non-price factors of the lowest and second lowest priced proposal. In the event that any of these two proposals is deemed Unacceptable, the next lowest proposal shall be evaluated as many times as necessary, until such time as the

Government identifies two technically acceptable proposals. The Navy shall make award to the lowest priced technically acceptable proposal. Accordingly, under this methodology, the non- price factors of some proposals may not be evaluated by the Navy. IAW FAR 15.306(c)(2), if discussions are deemed necessary by the Contracting Officer, a maximum of ten (10) lowest priced proposals will be evaluated (both non-price and price) for the purpose of establishing a competitive range.

The Government reserves the right to negotiate with offerors in the competitive range, and to award the contract to the offeror submitting the lowest priced, technically acceptable offer.

The rating for all non-price factors must be at least “ACCEPTABLE” in order to be eligible for award.

3. EVALUATION APPROACH

Proposals will be evaluated as described here and in the Instructions section above.

FACTOR 1 – BONDING

The Government will verify the Bid Guarantee complies with provision 52.228-1 of the solicitation.

The Government will verify the Offeror has specified whether the prime or proposed subcontractor(s) will perform the BLDG 77H Remove/Replace HP Split-Systems 7, 9, 10, 11, and 12.

Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

FACTOR 2 – PAST PERFORMANCE

There are (3) three aspects to the past performance evaluation: Recency, relevancy, and quality. Past Performance will be evaluated to determine whether the offeror’s present/past performance is recent and relevant to the effort being solicited. Recency is considered work performed within the past (5) five years of the solicitation issuance. Projects performed more than five years prior to the issuance of the solicitation will be considered “Not Relevant.”

The Government will evaluate the relevancy of the past performance information. Common aspects of relevancy include, but are not limited to, the following: similarity of product/service/support, complexity, dollar value, contract type, and extent of subcontracting/teaming.

The Government will also evaluate quality of performance utilizing applicable CPARS or PPQ. In addition to the PPQs and CPARS, the Government may, at its discretion, review and consider any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/Entity Identifier numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, FAPIIS, SPRS, SAM, inquiries of owner representative(s), and any other known sources not provided by the offeror. The Government may consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance.

If an Offeror is utilizing past performance information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent/LLC/LTD member companies firm etc…will have meaningful involvement in the performance of the contract in order for the past performance information of the affiliate/subsidiary/parent/LLC/LTD member companies to be considered. The proposal shall state specific commitments of technical resources (e.g. personnel, equipment) that the affiliate/subsidiary/parent/LLC/LTD member companies commit to the performance of this contract. The proposal shall also describe specific roles of the affiliate/subsidiary/parent/LLC/LTD member companies in terms of the work it will either self- perform or manage on behalf of the offeror in performance of the contract. Any projects submitted in excess of the three (3) will not be considered.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance.

Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

Rating Description

Acceptable

Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.

Unacceptable

Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

FACTOR 3 – PRICE

The Government will evaluate whether the contractor completed the SF 1442, acknowledged all amendments, and provided pricing for CLIN 0001.

Price will be evaluated for reasonableness in accordance with FAR 15.404-1(b)(2).

N6449823R4040

The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. As defined in FAR 15.404, unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques.

In the absence of adequate price competition, the Contracting Officer may request additional data per FAR 15.403-3 and as described in the solicitation provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

Offerors are advised that all pricing is binding if accepted by the Government.

4. DISCUSSION/FINAL PROPOSAL REVISIONS

If the Contracting Officer determines that discussions are to be held, they shall indicate to, or discuss with, each Offeror still being considered for award; significant weaknesses, deficiencies, adverse past performance information to which the Offeror has not yet had an opportunity to respond. The scope and extent of discussions are a matter of Contracting Officer judgment. At the conclusion of discussions, each Offeror still in the competitive range shall be given an opportunity to submit a final proposal revision. A final cut-off date for receipt of final proposal revisions will be established by the Contracting Officer.

Section 00 45 00 - Representations and Certifications

52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238220.

(2) The small business size standard is $19,000,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the…