RELEASED RFP_N6274224R6722.pdf

ACQR6066342

REQUEST FOR PROPOSAL N6274224R6722

Project Title: D/B Construct Maritime Training Facilities, Kuching, Saraw ak, Malaysia

a. This project is being solicited utilizing Low est Price Technically Acceptable (LPTA) Source Selection procedures. Offers are required to submit both price and technical proposals for this solicitation per instructions w ithin.

b. Part 1: Proposal Form and Documents

(1) Section 001000 – Section Form 1442

(2) Section 002100 – Instructions

(3) Section 002200 – Supplementary Instructions

(4) Section 004500 – Representations and Certif ications

(5) Section 007000 – Condition of the Contract

(6) Section 007300 – Supplementary Conditions

c. Standard Form (SF) 1442 Attachments:

(1) Part 2: General Requirements

(2) Part 3: Statement of Work/Project Program

(3) Part 4: Minimum Materials, Engineering and Construction Requirement

(4) Part 6: Attachments

NITIWATE DISSANONT 662-287-1036 EXT. 121

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

22-Jul-2024

(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 ________400 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________26 Aug 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

B. An offer guarantee is, X 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

NAVFAC ROICC THAILAND (US EMBASSY)

7 SATHORN TAI ROAD

BANGKOK THAILAND 10120

N62742

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

N6274224R6722 37

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

N6274224R6722

Section 00 10 00 - Solicitation

SOLICITATION, OFFER AND AWARD

READ THE FOLLOWING IN CONJUCTION WITH THE ACQUISITION REQUIREMENTS

Continuation of SF1442, Block 10

d. SF1442 Exhibit:

(A) Pre Proposal Inquiry Form

(B) Offeror Experience Information

(C) Past Performance Questionnaire

(D) Bill of Quantity (BOQ)

e. The North American Industry Classification System (NAICS) code for this procurement is: 236220, Commercial and Institutional Building Construction. The Small Business Size Standard for this NAICS is $45 million in annual revenue. This acquisition is not restricted or set-aside for small businesses.

f. Per FAR 36.204 Disclosure of the magnitude of construction projects, the estimated Magnitude Range for this contract is between $500,000 and $1,000,000.

g. The proposal due date is shown in Block 13, Thailand Time.

h. All Pre-Proposal Inquiries (PPIs) must be submitted to the Point of Contact (POC) listed in Block 9a above. PPIs submitted without an accurate reference or no reference at all, may not be answered. The PPI due date will be communicated during the Pre-Proposal Site Visit (PPSV).

i. Per 52.204-7 (b) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors must be actively registered in the System for Award Management (SAM) database to be eligible for award. For more information, please go to SAM (https://www.sam.gov) and complete all provisions associated with the annual representations and certifications identified in Federal Acquisition Regulation (FAR) subpart 4.1202 and Defense FAR Supplement (DFARS) subpart 204.1202. Firms shall also ensure to obtain a registered a Unique Entity Identifier (UEI) number and CAGE/NCAGE Code prior to submitting a proposal. For more information, see FAR 52.204-7 -- System for Award Management. Offers submitted by companies without active SAM registrations will be determined non-responsive and the proposal will not be evaluated.

j. Proposals shall set forth full, accurate, and complete information as required by this request for proposal

(including exhibits and attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

k. The Government intends to evaluate proposals and award without discussions therefore each initial offer should contain the best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is determined to be necessary by the Contracting Officer.

l. RFP/Contract POC:

Contract Officer: Rondel Williams, email: williamsrg@state.gov Contact Specialist: Nitiwate Dissanont, email: nitiwate@state.gov

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project Renovate Barracks

FFP

This is a Design-Build project. The contractor shall provide complete design and renovation of Barracks, located at Malaysia Maritime Enforcement Agency Compound, Kuching, Sarawak, Malaysia, in accordance with the Parts 2-6 attached here within.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR6066342

PSC CD: C1QA

NET AMT

0002 1 Project Renovate Dining Facility

FFP

This is a Design-Build project. The contractor shall provide complete design and renovation of Dining Facility, located at Malaysia Maritime Enforcement Agency Compound, Kuching, Sarawak, Malaysia, in accordance with the Parts 2-6 attached here within.

FOB: Destination

PSC CD: C1QA

0003 1 Project OPTION Option Item 0001 Renovate Training Fac

FFP

This is a Design-Build project. The contractor shall provide complete design and renovation of Training Facility, located at Malaysia Maritime Enforcement Agency Compound, Kuching, Sarawak, Malaysia, in accordance with the Parts 2-6 attached here within.

FOB: Destination

0004 1 Project OPTION Option Item 0002 Renovate Maint Facility

FFP

This is a Design-Build project. The contractor shall provide complete design and renovation of Shore Maintenance Facility, located at Malaysia Maritime Enforcement Agency Compound, Kuching, Sarawak, Malaysia, in accordance with the Parts 2-6 attached here within.

FOB: Destination

Section 00 21 00 - Instructions

INSTRUCTIONS TO OFFERORS

1. Pre-Proposal Site Visit (PPSV)

a. The Contracting Office intends to host a Pre-Proposal Site Visit (PPSV). The date and time of the visit are provided under clause 52.236-27 SITE VISIT (CONSTRUCTION) – ALTERNATE I in this solicitation.

b. Pre-Proposal Site Visit (PPSV) attendance is highly encouraged to ensure full understanding of the logistical challenges involved with this project and decrease risk of unsuccessful completion or financial hardship for contractors.

c. No minutes from the PPSV will be issued. All prospective Offerors are advised that this solicitation will remain unchanged unless it is amended in writing; however, if an amendment is issued in accordance with FAR 15.206, Offerors shall return a completed acknowledgement on the SF-30 with their proposal submission.

d. The Contracting Officer may require proof of active SAM.gov registration or registration in progress to attend the

PPSV.

2. Proposal Submittal Requirements. The following instructions to offerors are to ensure offerors submit information necessary for the Government to fully understand and evaluate proposals. Offerors are cautioned to follow the detailed instructions carefully and provide technical information that clearly shows they have the background and expertise necessary to perform the requirements listed in Statement of Work (SOW) or Project Program as the Government reserves the right to make an award based on initial offers received without discussions of such offers. Failure to meet a requirement may result in an offer being ineligible for award. Prior to the proposal due date, Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation; alternate proposals will not be accepted.

2.1 Proposal Format.

The price proposal and technical proposal shall be submitted separately and must be submitted via e-mail to the Contract Specialist and the Contracting Officer. A cover letter shall accompany the proposal.

The cover letter shall include —

a. The solicitation number;

b. The name, address, telephone, and e-mail addresses of the Offeror;

c. The Unique Entity Identifier (UEI) Number, CAGE/NCAGE Code, and Tax Identification Number (TIN) of the

Offeror (if applicable);

d. 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;

e. 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 and;

f. 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.

i. Individuals. A contract with an individual shall be signed by that individual. A contract with an individual doing business as a firm shall be signed by that individual, and the signature shall be followed by the individual’s typed, stamped, or printed name and the words “an individual doing business as [insert name of firm].”

ii. Partnerships. A contract with a partnership shall be signed in the partnership name.

iii. Corporations. A contract with a corporation shall be signed in the corporate name, followed by the word “by” and the signature and title of the person authorized to sign.

iv. Joint Ventures. A contract with a joint venture may involve any combination of individuals, partnerships, or corporations. The contract shall be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant.

v. Agents. When an agent is to sign the contract, other than as stated in paragraphs (a) through (d) above, the agent’s authorization to bind the principal must be established by evidence satisfactory to the Contracting Officer.

g. Joint Venture Agreement or letter of commitment (if applicable). The cover letter or letter of commitment shall be signed by all proposed parties.

2.2 Content of Proposal. Offerors shall submit separate price and technical proposals via email in two volumes as follows (No downloads will be accepted.):

a. Volume 1: Price Proposal.

i. The Standard Form 1442 of Blocks 14 through 20c completed, signed, and dated;

ii. Acknowledge any and all amendments issued under this solicitation either by annotating it in Block 19 of the SF 1442 or signing each SF 30;

iii. A completed Price Schedule for all CLINs;

iv. A completed Bill of Quantities (BOQ, Exhibit D) showing price breakdown for CLINs.

Provide in both PDF and Excel formats;

v. Completed Representations and Certifications, to include a copy of the electronic annual representations and certifications thru System for Awards Management (SAM) at www.sam.gov;

vi. Responsibility Determination and Financial Capability, as specified in Paragraph 4;

vii. Evidence of active SAM.gov registration.

b. Volume 2: Technical Proposal

i. Factor 1, Offeror Experience Project Data Sheet specified in Section 002200 of this solicitation;

ii. Factor 2, Past Performance Data as specified in Section 002200 of this solicitation;

iii. Factor 3, Safety in Section 002200 of this solicitation;

iv. Factor 4, Technical Solution in Section 002200 of this solicitation;

3. Inquiries. Inquiries regarding the Request for Proposal (RFP) shall be submitted electronically using the Pre Proposal Inquiry Form (Exhibit A) provided in this solicitation. The Point of Contact (POC) for inquiries is the Contract Specialist. Inquiry submission details will be communicated during the Pre-Proposal Site Visit (PPSV).

4. Responsibility Determination and Financial Capability. FAR subpart 9.104-1 requires prospective contractors to demonstrate 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; the necessary organization, experience, accounting and operational controls, technical skills, production, construction and technical equipment and facilities or the ability to obtain them; and be otherwise eligible to receive an award under applicable laws and regulations. This is notice that the Contracting Officer may request Offerors submit the following information for review and determination prior to award:

4.1 Proof of the Offeror’s ability to legitimately conduct business in the Country where the project is located.

This requirement may be satisfied by an Offeror (or one of a firm’s Joint Venture partners) having the appropriate registration.

4.2 A list of current, on-going projects. Include contract number, brief description of the project, dollar value, percent complete, whether your firm is performing as a prime contractor or a subcontractor and the percentage of the work that applies to your firm, customer point of contact, and customer phone number. The Government may contact the point of contacts listed for verification of information.

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

5. System for Award Management (SAM). A contract cannot be awarded to a contractor not registered in SAM.

Remember to review the NAICS codes listed in your SAM record and make sure that you have listed the North American Industry Classification System (NAICS) code for this procurement. Contractors shall be registered and active in the SAM database (https://www.sam.gov) at the time of offer submission. Contractors wanting to attend site visits shall be active in SAM.gov or provide proof that registration has been submitted to SAM.gov and is in progress. The Contract Specialist will provide an International Entity Registration Guide, if requested.

6. Contract Pricing. Offers must be made in United States Dollars.

7. Incurred Expenses. The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

8. Enforceability of Proposal. 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 the contract. Items offered in the contractor’s proposal (e.g., key personnel, subcontractors, materials, etc.) are binding on the contractor and shall be provided for the duration of the contract. Substitutions will require the Contracting Officer’s approval and shall be equal or better, in the judgment of the Contracting Officer, than the items originally proposed. The Contractor’s proposal becomes part of the contract award document.

9. No Download Link. All proposals shall be submitted as email attachments to the Contract Specialist and Contracting Officer. The U.S. Government will not accept any proposals that require clicking a link and/or downloading files.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.215-20 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

NOV 2021

52.236-28 Preparation of Proposals--Construction OCT 1997 252.215-7008 Only One Offer DEC 2022

CLAUSES INCORPORATED BY FULL TEXT

52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN 1988)

The specifications cited in this solicitation may be obtained from:

NAVFAC Pacific Site Thailand (ROICC) 7 Sathorn Tai Rd.

Bangkok 10120 Thailand

The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.

(End of clause)

52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021)

(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 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.

(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 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.

(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 products, the make and model of the product 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.

(End of provision)

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond ___ . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond ___ , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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 the Contracting Officer, 7 Sathorn Tai Rd., Bangkok, Thailand 10120.

(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) – ALTERNATE I (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) An organized Pre-Proposal Site Visit (PPSV) is intended to be scheduled on August 1, 2024 at 0900am.

(c) Participants will meet at--

Malaysia Maritime Enforcement Agency Compound, Kuching, Sarawak, Malaysia GPS Coordinates: 1° 38'34.03"N, 110°28'28.35"E

(d) Please contact the person below for the site visit coordination.

Contract Specialist NAVFAC Pacific, Site Thailand Tel: +662 287-1036

*** Pre-Proposal Site Visit (PPSV) attendance is highly encouraged to ensure full understanding of the logistical challenges involved with this project and decrease risk of unsuccessful completion or financial hardship for contractors.

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):

https://acquisition.gov/ - or -https://www.acq.osd.mil/dpap/dars/about.html

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

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

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

NAVFAC Pacific Site Thailand (ROICC) 7 Sathorn Tai Rd Bangkok, Thailand 10120

Section 00 22 00 - Supplementary Instructions

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

EVALUATION FACTORS FOR AWARD

Section 002200 – Supplementary Instructions

PART I - GENERAL

1.1 SOURCE SELECTION

This competitive procurement uses source selection procedures to select the responsible Offeror whose proposal conforms to the requirements of the solicitation and is determined to provide the best value to the Government, price and other factors considered. The Government will use the Lowest Price Technically Acceptable (LPTA) method to evaluate proposals submitted in response to this solicitation. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with Offerors in the competitive range; and to award the contract to the Offeror submitting the lowest priced, technically acceptable (LPTA) proposal.

Per NPGI 15.101-2 (DFARS) Lowest price technically acceptable (LPTA) source selection process. (Business Rule), the number of proposals to be evaluated for technical acceptability may be limited to the lowest priced offers at the discretion of the Contracting Officer. If the number of proposals to be evaluated is limited, the technical proposal shall be provided to the evaluator(s) without any identification of price. If the lowest priced proposal is not found to be technically acceptable then the next lowest price proposal shall be evaluated. If that proposal is also not found to be technically acceptable, then the process described will be conducted again as many times as necessary, until such time as the Government identifies a technically acceptable proposal. The source selection method must be included in the request for proposal. If the Contracting Officer later determines that discussions are necessary, the procedures in FAR 15.306 shall be followed.

1.2 INTENT TO AWARD WITHOUT CONDUCTING DISCUSSIONS

The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

1.3 BASIS OF AWARD

An overall non-price factor rating must be at least “ACCEPTABLE” in order to be eligible for award. An “UNACCEPTABLE” rating in any factor results in the overall non-price factor proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factor rating of “UNACCEPTABLE” make a proposal ineligible for award.

Definitions:

Technical Acceptable/Unacceptable Ratings:

Acceptable: Proposal clearly meets the minimum requirements of the solicitation.

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

Past Performance Acceptable/Unacceptable Ratings:

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. 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 pastperformance (see FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance.

In the context of acceptability/unacceptability “unknown” shall be considered “acceptable.”.

Unacceptable: Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

PART II - EVALUATION FACTORS FOR AWARD

2.1 EVALUATION CRITIERIA

a. The contract resulting from this solicitation will be awarded to the responsible Offeror whose offer, conforming to the solicitation, is determined to be the lowest price technically acceptable (LPTA) proposal based on the evaluation factors set forth in the solicitation.

b. “Relevant” means similar to the acquisition in terms of size, scope, and complexity and nature of the work being solicited. The Government will only consider projects for construction services of the type described in non-cost factor 1 – Offeror Experience, below.

c. Past performance information on “relevant projects” meeting the definition in paragraph (b) will constitute the primary consideration in the Government’s evaluation under non-cost factor 2 – Past Performance. The Government may, however, review and consider past performance information on other projects as made available to the Government from other sources such as the Contractor Performance Assessment Reporting System (CPARS) and inquiries with previous clients / owners. The Government will determine the relevance of the past performance information received on other projects, as well as consider the source, context and currency of such information in its evaluation.

d. Offerors who submit past performance and experience information of a parent, sister, predecessor or other affiliated company must describe what involvement such company will have on the acquisition. The proposal should clearly indicate how the resources of the parent, sister, predecessor or other affiliated company – its workforce, management, facilities, or other resources – will be provided or relied upon for contract performance.

e. The Contracting Officer may discount favorable past performance and experience of a subcontractor unless the prime contractor clearly provides, in its proposal, evidence of a binding teaming agreement or other contractual agreement which creates legal responsibility on the part of the subcontractors.

f. 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 (see FAR

15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability “unknown” shall be considered “acceptable.”

g. The Government, in compliance with FAR 15.305(a)(2)(ii), Offerors are authorized to provide information on problems encountered on the identified contracts and the Offeror’s corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the Offeror’s past performance.

2.2 PRICE EVALUATION

The price proposal will be evaluated to determine the reasonableness and completeness of the Offeror’s proposal.

The Contracting Officer may conduct price realism if the Contracting Officer determined that it is necessary.

Unrealistically low (or high) proposed price or unbalanced prices, may be grounds for eliminating a proposal from competition either on the basis that the Offeror does not understand the requirement or has made an unrealistic or unreasonable proposal.

2.3 EVALUATION FACTORS AND PROPOSAL SUBMISSION REQUIREMENTS

a. The Offeror’s proposal shall contain a response to each of the following evaluation factors and shall be in the form prescribed by this solicitation. The solicitation requires the evaluation of price and non-cost factors in two volumes listed below:

Volume 1: Price Factor Volume 2: Non-Cost Factor 1 – Offeror Experience

Non-Cost Factor 2 – Past Performance Non-Cost Factor 3 – Safety Non-Cost Factor 4 – Techinal Solution

b. The distinction between past performance and Offeror experience is experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance relates to how well a contractor has performed.

c. The following describes each evaluation factor, submittal requirements and basis for assigning ratings:

Volume 1:

(1.1) Price Factor

(a) Solicitation Submittal Requirements:

i. The Standard Form 1442 with Blocks 14 through 20c completed, signed, and dated;

ii. Acknowledge any and all amendments issued under this solicitation either by annotating it in Block 19 of the SF 1442 or signing each SF 30

iii. A completed Price Schedule for all CLINs;

iv. A completed Bill of Quantities (BOQ, Exhibit D) showing price breakdown for CLINs.

Provide in both PDF and Excel formats;

v. Completed Representations and Certifications, to include a copy of the electronic annual representations and certifications thru System for Awards Management (SAM) at www.sam.gov;

vi. Responsibility Determination and Financial Capability, as specified in Paragraph 4;

vii. Evidence of active SAM.gov registration at www.sam.gov.

(b) Basis of Evaluation: The Government will evaluate price based on the total price of all priced CLINS. Analysis will be performed by one or more of the following techniques to ensure a fair, reasonable and realistic price:

i. Comparison of proposed prices received in response to this RFP;

ii. Comparison of proposed prices with the Independent Government Estimate (IGE);

iii. Comparison of proposed prices with available historical information.

Volume 2:

(2.1) Non-Cost Factor 1 - Offeror Experience:

(a) Submittal Requirements: Submit a minimum of three (3) and a maximum of five (5) construction projects for the Offeror that best demonstrates Offeror experience on relevant projects that are similar size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as similar design-build construction with the following relevant characteristics:

a. Similar in Size: Construction Projects between $250,000 and $1,000,000 in final construction cost. Any project outside this range may not be considered.

b. Similar in Scope: Design build construction or renovation of a single or multistory reinforced concrete or steel structure building with a minimum size of 500 SM.

c. Similar In Complexity: Construction projects involving managing multiple work sites performed in Southeast Asia, Nepal, Maldives, or Timor-Leste.

Projects submitted for the Offeror shall be completed within the past (5) years of the date of issuance of this RFP. If submitting an ongoing construction project, the project should be at least 80% complete at the time of proposal submission. A project is defined as a construction project performed under a single contract.

The Offeror Experience Project Data Sheet in the form of Exhibit B is MANDATORY and SHALL be used to submit project information. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on the form may be expanded; however, total length for each Offeror Experience Project Data Sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages) claimed for past performance. Data sheets for each project should not exceed two (2) pages.

For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e., unique features, area, construction methods).

If the Offeror is a Joint Venture (JV), relevant project experience should be submitted for projects completed by the Joint Venture entity or the Joint Venture partners. Offerors are still limited to a total of five (5) projects combined.

If an Offeror is utilizing experience 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 firm 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. In particular, the proposal will clearly state the specific commitments of resources of the affiliate/subsidiary/parent/LLC/LTD member that will be located at the worksites and company offices in the city/area of the project. 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 five (5) will not be considered.

(b) Basis of Evaluation: The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing similar design-build construction projects with the relevant characteristics defined in the solicitation submittal requirements for this non-cost factor above. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review five (5) projects. Any projects submitted in excess of the five (5) for Offeror experience will not be considered. The Government will not evaluate information exceeding the first two (2) pages for each Project Data Sheet.

i. Acceptable. The contractor has demonstrated construction experience in performing similar design-build construction projects with the relevant characteristics defined in the solicitation submittal requirements for this non-cost factor.

ii. Unacceptable. The contractor did not submit Offeror Experience Project Data Sheets, the submitted data sheets did not demonstrate relevant construction experience performing similar design-build construction projects with the relevant characteristics defined in the solicitation submittal requirements for this non-cost factor, or the Offeror submitted less than three (3) relevant projects.

(1) Non-Cost Factor 2 - Past Performance:

(a) If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal for each project included in…