SFO-13769 Package_MobileAL_V6Final_RECO_15April2021.pdf

Commander, Naval Facilities Engineering Systems Command, Atlantic

6506 Hampton Boulevard Norfolk, Virginia 23508-1278

SOLICITATION FOR OFFERS (SFO) LI-13769

FURNISHED DWELLING UNITS

FOR

UNACCOMPANIED TRANSIENT MILITARY PERSONNEL

MOBILE, ALABAMA

APRIL 14, 2021

Brandy L. Tallaksen

Real Estate Contracting Officer

THIS SOLICITATION FOR OFFERS LI-13769 INCLUDES:

Solicitation 16 Pages Delineated Area Map Enclosure (1) Representations and Certifications Form Enclosure (2) Offer Form Spreadsheet Enclosure (3) US Government Lease for Real Property Enclosure (4) General Clauses Exhibit “A” Minimum Specifications for Housing Units Exhibit “B” Housing Unit Furnishings – Minimum Requirements Exhibit “C”

OFFERS TO BE SUBMITTED BY April 28, 2021 12:00 PM EST

Questions about this Solicitation For Offers (SFO) can be addressed in writing to the Real Estate Contracting Officer at the address above, and should be marked “LI-13769 – Attn: AM1-BLT” or contact the designated representative, Doug Story at (757) 322-4910. Questions are to be submitted simultaneously by electronic mail to: doug.e.story@navy.mil.

NOTE: All offerors are advised to complete registrations at http://www.sam.gov and http://www.dnb.com several business days before submitting the offer. Early Offers are welcome.

SOLICITATION FOR OFFERS LI-13769

FURNISHED DWELLING UNITS FOR

UNACCOMPANIED TRANSIENT MILITARY PERSONNEL

MOBILE, ALABAMA

April 14, 2021

1. Purpose. United States Navy (USN) seeks to lease multiple fully-furnished dwelling units or long-stay hotel rooms under the authority of 10 USC 7572 to house transient military personnel assigned to Mobile, Alabama for various periods of time. This Solicitation is intended to meet the various bachelor quarters requirements aforementioned for a two-year period. The total requirement is not expected to exceed housing for 67 personnel at any one time. Occupancy will begin after leases are awarded and executed. Initial occupancy dates are estimated to be May 26, 2021- September 26, 2021. Initial occupancy requirement is for 67 personnel with intended housing arrangements of three (3) one-bedroom units and a combination of two-bedroom units and three-bedroom units for an estimated total 25-35 units together with a minimum of 1 parking space per one bedroom unit and 1.5 parking spaces per two and three-bedroom unit rounded to the nearest whole parking space as applicable. The government may substitute unit accommodations or configurations at its sole discretion to meet the total occupancy requirement.

Further units/rooms may be leased for various occupancy dates through April, 2023. Both dwellings units and long-stay hotel rooms are called “Units” in this Solicitation.

2. Requirements. The requirements listed in this paragraph represent the minimum necessary for award. Failure of a proposal to meet any of these requirements, or sub-requirements, will result in rejection of the proposal. Each unit style/type will be evaluated separately. Prior to the completion of the evaluation, Government representatives may physically inspect a sample unit of each style/type.

A. Location Requirements.

i. The property must be located within the defined area in blue on the area delineation map attached Enclosure (1).

ii. The property must be in walking distance of a public transportation station that has bus or rail access without crossing a highway or interstate. Walking distance is considered 0.5 miles or less.

iii. At the sole judgement of the Government, the property must be in a location with factors conducive to living a good quality of life. Said factors include, but are not limited to:

a. General aesthetics of the facility;

b. Exterior maintenance of the property and of the neighborhood surrounding the units offered;

c. General security of the facility and parking areas including lighting and access;

d. Managements’ attentiveness to issues brought forward by the Government (if prior Navy leasing has occurred at the facility); and

e. Proximity (0.5 mi. or less) to stores/shopping areas, recreational facilities/centers, entertainment, and/or municipal parks.

B. Facility Requirements. A unit is defined as either a long-stay hotel room or a complete dwelling; consisting of one or more bedrooms, a full bath (including a combination bathtub and shower), a kitchen, and a dining area. Furnishings and appliances provided must be of sufficient capacity and quality in materials and workmanship to remain serviceable throughout the Lease period(s) given the expected fair wear and tear normal to continuous use and cleaning by several adult, transient, military personnel.

i. Unit accommodations are as follows:

a. Two-bedroom units with one bathroom – up to two (2) occupants;

b. Two-bedroom units with a minimum of one full bathroom and one half-bath – up to two (2) occupants;

c. Three-bedroom units with two full bathrooms – up to three (3) occupants;

d. One-bedroom units and Long-stay hotel rooms with private bath or one-bedroom – up to one (1) occupant;

e. Long-stay hotel rooms with two-bedroom units – up to two (2) occupants.

ii. Each unit must have a private entrance and be arranged so that the common spaces can be entered without passing through bedrooms.

iii. A bath with only a shower may be substituted for one of the baths in units with at least two (2) full baths. Shower curtain with hooks and shower liner shall be provided for each shower.

iv. Specific furniture, appliance and household furnishing requirements shall be as shown on Exhibits “B” and “C” to the Lease. Furniture should be of good quality and condition.

v. Kitchen appliances shall include a stovetop, oven or toaster oven, microwave oven, and a frost-free refrigerator of at least 10 CF, with two ice-cube trays or an ice maker.

vi. Venetian blinds, mini-blinds and/or shades shall be provided on all windows;

and draw drapes or vertical blinds for all patio doors. All windows must lock. At least one window per living area, as applicable, must be capable of opening. Any window that is capable of opening must have tight screens to keep insects out.

vii. Carpeting in the living room, and bedrooms, if applicable, must cover eighty-five percent (85%) of the floor area of each room. Resilient, tile, wood, or engineered flooring is acceptable.

viii. All light fixtures and lamps must contain light bulbs with a minimum rating of 60 watts unless otherwise indicated by the United Laboratories (UL) rating of the fixture.

ix. Each unit must be equipped with a functioning smoke detector and carbon monoxide detector throughout the term of the Lease.

x. Facility must have a gymnasium or access to an offsite gymnasium must be provided at no additional cost.

xi. Facility must provide a minimum of 1 parking space per one bedroom unit and 1.5 parking spaces per two-bedroom unit rounded to the nearest whole parking space on the property at no additional cost

xii. Each unit must have fully functioning heat and A/C.

C. Security Requirements. Facilities must meet security standards as required by UFC

4-010-01, Change 1, 1 October 2013 which states the security standards established by the Department of Homeland Security’s Interagency Security Committee (ISC) in The Risk Management Process for Federal Facilities shall apply to all off-installation Leased space managed by DoD. In accordance with these ISC standards, the Navy will conduct a security survey for each dwelling offered and determine a risk rating.

The Navy will determine from that risk rating if the property is acceptable or unacceptable. Offers must receive an acceptable security risk rating from the Navy in order to be eligible for award. THE SECURITY SURVEY MAY TAKE UP TO

FORTY-FIVE (45) DAYS FOLLOWING RECEIPT OF OFFERS AND MUST

BE COMPLETED PRIOR TO AWARD.

3. Offers. Offers for leasing fully furnished one, two, or three bedroom units and/or long-stay hotel rooms that meet the specifications listed in the above Paragraph 2 (Requirements), including Exhibits “B” and “C”, are requested to be submitted either by mail or email to:

Commander Naval Facilities Engineering Systems Command, Atlantic

ATTN: AM1-EF (LI-13769) OR AM1-OJ (LI-13769)

6506 Hampton Boulevard emily.fought@navy.mil OR orlando.johnson@navy.mil

Facsimile submittals are not accepted. Offers must be received no later than 12:00 p.m. Eastern Standard Time on April 28, 2021. The Government reserves the right to use offers resulting from this SFO to fill additional future needs until April, 2023 Accordingly, rental rates offered for each year must be valid for a 12 (twelve) month Lease term.

4. How to Offer. Offer should be in the form of a letter that provides:

A. Name and location of property proposed to be Leased;

B. Offers of sub-leases must be accompanied by a complete and legible copy of the prime Lease; and

C. List of all buildings on the property, and the total number of units in each building;

D. Total number of parking spaces available on the property;

E. Total number of parking spaces allocated to the Government on the property;

F. Name(s), title(s) and telephone number(s) of person(s) authorized to negotiate and execute any Leases, with evidence of that authority;

G. Unit descriptions (number of bedrooms, number of bathrooms, maximum number of occupants), number of units being offered, and when the units are available; or long-stay hotel room descriptions, number of rooms offered, and when available;

H. Rental rate for each of the two (2) years;

I. A floor plan with room dimensions, overall square footage and location of all appliances for each unit type or long-stay hotel room offered;

J. Evidence of the Offeror’s ability to meet ALL specifications, provisions, clauses, terms, and conditions of this Solicitation and Lease;

K. Confirmation of registration with System for Award Management (SAM) database;

L. Completed Representations and Certifications Form, Enclosure (2). This form must be signed by the offeror, or an authorized representative, of the property offered.

Enclosure (3) is the Offer Form Spreadsheet. The Offer Form Spreadsheet, along with the floor plan and the confirmation of ability documents referenced above in Paragraph 4 (How to Offer), must be used to supply the required information to make the offer. Complete the attached Offer Form Spreadsheet. Each different unit type offered must be on a different tab of the spreadsheet.

Address general inquires by email to emily.fought@navy.mil, by telephone at 757-322-4911, by email at orlando.johnson@navy.mil, or by telephone at 757-322-4459, or by mail to:

Emily Fought or Orlando Johnson Naval Facilities Engineering Systems Command, Atlantic ATTN: AM1-EF or AM1-OJ 6506 Hampton Boulevard

5. Price Evaluation Process.

A. Available units that are appropriate for the ranks and number of occupants will be identified from the offers meeting all requirements in Paragraph 2 (Requirements) above, including Exhibits “B” and “C.” Each unit style/type will be classified for the rank and number of potential occupants. Government representatives may inspect a sample of each unit type to complete the classification of the offered units.

B. Price for the particular type/style of unit(s) being evaluated will be determined as the Per Occupant Monthly Average Cost over the two-year period, and will be computed as follows for the purposed of rent evaluation: the separately proposed monthly rental rate for each of the two (2) years for the Lease will be summed and divided by two, and then further divided by the number of occupants that the Navy established to be appropriate to the size of the specific unit style/type. The result determines an average monthly rental rate per occupant over a two-year term. Lower Per Occupant Monthly Average Cost offers are preferred.

6. Basis of Award.

OFFER MOST ADVANTAGEOUS TO THE GOVERNMENT, WITH THE

FOLLOWING EVALUATION FACTORS BEING:

SIGNIFICANTLY MORE IMPORTANT THAN PRICE

APPROXIMATELY EQUAL TO PRICE

SIGNIFICANTLY LESS IMPORTANT THAN PRICE

A. The Government reserves the right to reject any and all offers. Offers must meet the minimum requirements outlined in Paragraph 2 above in order to be considered for award. Offers meeting the minimum requirements will be evaluated based upon Price and Technical Factors. The offer(s) most advantageous to the Government shall be selected as detailed below.

The following technical factors, which are listed in order of importance (beginning with the most important), will be evaluated for offerors determined to be eligible for award: Location, Delivery Date, Onsite Services, Onsite Amenities, Unit/Room Configuration, and Physical Condition of the Property. Offers exceeding the minimum technical requirements outlined in Paragraph 2 above by satisfying some or all of the below enhancements/preferences may be rated more favorably.

i. Location:

a. Offers of fully-furnished dwelling units or long-stay hotel rooms located closer to (Austal Shipyard, Mobile) based on travel time may be evaluated more favorably than those farther away.

b. Offers of fully-furnished dwelling units or long-stay hotel rooms located closer to a public transportation station that has bus or rail access without crossing a highway or interstate may be evaluated more favorably than those further away.

c. Offers that meet the initial occupancy requirement of personnel as described in Paragraph 1 with units co-located in the least number of housing complexes or hotels may be rated more favorably.

d. Offers of fully-furnished dwelling units or long-stay hotel rooms located closer to dining, entertainment, and shopping facilities may be rated more favorable than those that are not.

ii. Delivery Date: Ability to meet the Government’s immediate housing needs of occupancy by MAY 26, 2021.

iii. Onsite Services: Offers of fully-furnished dwelling units or long-stay hotel rooms with included housekeeping services may be rated more favorably.

iv. Onsite Amenities: Offers of fully-furnished dwelling units or long-stay hotel rooms with onsite amenities such as, but not limited to, fitness facilities, recreation facilities, and vending machines may be rated more favorably than those that do not.

v. Unit/Room Configuration:

a. Offers of fully-furnished dwelling units or long stay hotel rooms with separate living rooms may be rated more favorably than those without.

b. Offers of fully-furnished dwelling units or long stay hotel rooms with ovens may be rated more favorably than those with only toaster ovens.

vi. Physical Condition of the Property: New, or newly remodeled, fully furnished dwelling units or long-stay hotel rooms, with new or like new finishes, fixtures and systems, may be rated more favorably than fully furnished dwelling units or long-stay hotel rooms with deficiencies such as: worn fixtures, finishes, flooring, cabinetry, and appliances, from prior tenant occupancy, and/or outdated systems (Electric, plumbing, and HVAC).

B. Based on the results of the Paragraph 5 (Price Evaluation Process) and Paragraph 6

(Basis of Award), a Selection and Award List will be developed and utilized to issue initial awards under this SFO. The Government will award Lease(s) off the list of offers based upon their overall rating on the Selection and Award List for the rank and number of the occupants in the immediate requirement.

C. Further awards may be made for initial occupancy through April, 2023 at the same monthly rental rates offered for the initial firm term and renewal options covering a two (2) year period. Prior to additional awards, the Offers having the most favorable ratings on the Selection and Award List will be contacted to ascertain availability of vacant units that meet all the Navy’s minimum requirements.

7. Description of Lease and Execution Requirement. Within seven (7) days following award, the successful Offeror(s) will be required to formally execute the Lease on a Standard Form 2, Enclosure (4), with the General Clauses attached as Exhibit “A”; Minimum Specifications for Housing Units as Exhibit “B”; and Housing Unit Furnishings – Minimum Requirements as Exhibit “C.” Payment of rent shall be in arrears. Although the Government plans to Lease for an initial period of five (4) months, with an option for the Government to renew on a monthly basis through the end of the first 12 month period, followed by one (1) additional periods of (1) year or a portion thereof, the required time frame cannot be firmly established and the Leases may include terms of less than one year. The Government shall retain the right to terminate each Lease in whole or in part at any time, without cause, by giving at least thirty (30) days written notice to the Lessor.

8. Standard Conditions.

A. The Offeror/Lessor must have an active registration in the System for Award

Management (SAM) formerly Central Contractor Registration (CCR) Vendor Registration) via the Internet at http://sam.gov prior to Lease award and throughout the life of the Lease. The Lessor must update or renew registration annually and provide evidence of renewal to the Government. The Government will not process rent payments to Lessors without an active SAM Registration. The Government only recognizes changes of ownership of the Leased premises after the new owner registers in the SAM system. Additionally, both new and old owners must comply with the procedures established by FAR 42.12 before the Government will recognize a change in ownership.

B. Award of this Lease contract and all agreements related to the obligation of the

Government to make payments pursuant to the award of this Lease contemplated in this SFO are subject to the U.S. law and the availability of appropriations. Award of any Lease contract under this SFO is contingent upon availability of appropriated funds from which payments for contract purposes can be made. No legal liability on the part of the Government under this SFO or for any payment may arise until funds are made available to the Real Estate Contracting Officer for a Lease contract and until the Offeror receives notice of such availability, to be confirmed in writing by the Real Estate Contracting Officer.

C. In the event sufficient funds are not made available, the Government may not make an award under this SFO. The Government reserves the right to cancel this Solicitation without award.

D. 52.233-2 - Service of Protest (SEPT 2006)

i. 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 acknowledgement of receipt from NAVFAC Atlantic Mailroom, 6506 Hampton Blvd., Norfolk, VA 23508.

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

E. 552.270-3 – Parties to Execute Lease (2011)

i. If the Lessor is an individual, that individual shall sign the Lease. A Lease 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. If the Lessor is a corporation, the Lease must be signed in the corporate name, followed by the signature and title of the officer or other person signing the Lease on its behalf, duly attested, and, if requested by the Government, evidence of this authority to so act shall be furnished.

iii. If the Lessor is a partnership, the Lease shall be signed with the partnership name, followed by the name of the legally authorized partner signing the same, and, if requested by the Government, a copy of either the partnership agreement or current Certificate of Limited Partnership shall accompany the Lease.

iv. If the Lessor is a joint venture, the Lease must be signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) of this provision for each type of participant. When a corporation is participating in the joint venture, the corporation shall provide evidence that the corporation in authorized to participate in the joint venture.

v. If the Lease is executed by an attorney, agent, or trustee on behalf of Lessor, an authenticated copy of his power of attorney or other evidence to act on behalf of the Lessor, shall accompany the Lease.

F. 552.270-1 – Instruction to Offerors – Acquisition of Leasehold Interests in Real

Property (JUN 2011)

i. 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 proposal.

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

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

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

ii. 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).

iii. Submission, modification, revision, and withdrawal of proposals.

a. 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.

Offers must be:

1) Submitted on the forms prescribed and furnished by the government as a part of this Solicitation or on copies of those forms, and

2) Signed. The person signing an offer must initial each erasure or change appearing on any offer form. If the offer is a partnership, the names of the partners composing the firm must be included with the offer.

b. Late proposals and revisions.

1) The Government will not consider any proposal received at the office designated in the Solicitation after the exact time specified for receipt of offers unless it is received before the Government makes award and it meets at least one of the following conditions:

I. It was sent by registered or certified mail not later than the 5th calendar day before the date specified for receipt of offers (e.g., and offer submitted in response to Solicitation requiring receipt for offers by the 20th of the month must have been mailed by the 15th).

II. It was sent by mail (or facsimile, if authorized) or hand-carried (including delivery by a commercial carrier) if it is determined by the Government that the late receipt was due primarily to Government mishandling after receipt at the Government installation.

III. It was sent by U.S. Postal Service Express Mail Next

Day Service – Post office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. The term “working days” excludes weekends and U.S. Federal holidays.

IV. It was transmitted through an electronic commerce method authorized by the Solicitation and was received at the initial point of entry of the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals.

V. There is acceptable evidence to establish that it was received at the activity designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers, and the Contracting Officer determines that accepting the late offer would not unduly delay the procurement.

VI. It is the only proposal received.

2) Any modification or revision of a proposal or response to request for information, including any final proposal revision, is subject to the same conditions as in subparagraphs (iii)(b)(1)(A) through (iii)(b)(1)(E) of this provision.

3) The only acceptable evidence to establish the date of mailing of a late proposal or modification or revision sent either by registered or certified mail is the U.S. or Canadian Postal Service postmarked both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service.

Both postmarks must show a legible date or the proposal, response to a request for information, or modification or revision shall be processed as if mailed late. “Postmark” means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, Offerors or respondent should request the portal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and the envelope or wrapper.

4) 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.

5) The only acceptable evidence to establish the date of mailing of a late offer, modification or revision, or withdrawal sent by Express Mail Next Day Service-Post Office to Addressee is the date entered by the post office receiving clerk on the “Express Mail Next Day Service-Post Office to Addressee” label and the post mark on both the envelope or wrapper and on the original receipt from the U.S. Postal Service, “Postmark” has the same meaning as defined in subparagraph (iii)(b)(3) of this provision, excluding postmarks of the Canadian Postal Service.

Therefore, Offerors or respondents should request the portal clerk to place a legible hand cancellation bull’s eye postmark on both the receipt and the envelope or wrapper.

6) Notwithstanding subparagraph (iii)(b)(1) of this provision, a late modification or revision 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.

7) An Offeror may withdraw its proposal by written notice or telegram (including mailgram) received at any time before award. If the Solicitation authorizes facsimile proposals, an Offeror may withdraw its proposal via facsimile received at any time before award, subject to the conditions specified in the provision entitled “Facsimile Proposals.” Proposals may be withdrawn in person by an Offeror or an authorized representative if the representative’s identity is made known and the representative signed a receipt for the proposal before award.

8) 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 or other notice of an extension of the closing date, the time specified for receipt of proposals will be deemed extended to the same time of day specified in the Solicitation on the first work day of which normal Government processes resume. If no time is specified in the Solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office.

c. Any information given to a prospective Offeror concerning this

Solicitation will be furnished promptly to all other prospective Offeror, if that information is necessary in submitting offers or in the lack of it would be prejudicial to any other prospective Offeror.

d. 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 mistake at any time before award.

e. Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

f. The Government will construe an offer to be in full and complete compliance with this Solicitation unless the offer describes any deviation in the offer.

g. Offerors may submit proposals that depart from stated requirements.

Such a proposal shall clearly identify why the acceptance of that proposal would be advantageous to the Government. The proposal must clearly identify and explicitly define any deviations from the terms and conditions of the Solicitation, as well as the comparative advantage to the Government. The Government reserves the right to amend the Solicitation to allow all Offerors an opportunity to submit revised proposals based on the revised requirements.

iv. Restriction on disclosure and use of data. An Offeror that includes in its proposal data that it does not want disclosed to the public for any purpose, or use by the Government except for evaluation purposes, must meet both of the following conditions:

a. 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 Lease 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 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).

b. 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.

v. Lease award.

a. The Government intends to award a Lease resulting from this Solicitation to the responsible Offeror(s) whose proposal represents the best value after evaluation in accordance with the factors and sub factors in the Solicitation.

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

c. The Government may waive informalities and minor irregularities in proposals received.

d. The Government intends to evaluate proposals and award a Lease 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.

e. Exchanges with Offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

f. The Government may determine that a proposal is unacceptable if the price proposed is materially unbalanced between line terms or subline items. 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. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

g. The execution and delivery of the Lease contract by the Government establishes a valid award and contract.

h. The Government may disclose the following information in post-award debriefings to other Offerors:

1) The overall evaluated cost or price and technical rating of the successful Offeror;

2) The overall ranking of all Offerors, when any ranking was developed by the agency during source selection; and

3) A summary of the rationale for award.

vi. Post award. A depreciation schedule for any carpet, and a pricing schedule for typical minor repairs that would be charged to any resident if necessitated by damages during occupancy, shall be provided by the successful Offeror within seven (7) days following full execution of Standard Form 2, Enclosure (4).

vii. Paperwork collection. The information collection requirements contained in this Solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.

V:\AM1 C\- AL\PROJECTS\XXX - Austal Shipyard SFO Map\CADD\MXD\Austal Shipyard.mxd

This map and data contained herein is For Official Use Only. All data shown is considered Unclassified Sensitive upon aggregation. Reproduction, distribution, publication, or exhibition of this data is strictly prohibited without the written consent of the Commander Navy Region Southeast. Asset Management Cadastral does not attest to or guarantee the currency and/or validity of the data contained in this map, nor does it attest to any spatial accuracy.

This map is for planning purposes only.

Date: 4/5/2021 Naval Facilities Engineering

Command Southeast Cadastral Branch, AM1C

Contact: SE CADASTRAL

Austal Shipyard

AUSTAL SHIPYARD

MOBILE, ALABAMA

10 MILE BUFFER

SHEET 1 OF 1

µ

User Name: dean.devane

LEGEND

10 MILE BUFFER

_̂ AUSTAL SHIPYARD

0 31.5 Miles

1 in = 3 miles

REPRESENTATIONS AND CERTIFICATIONS

(Acquisition of Leasehold Interests in Real Property)

Solicitation Number

SFO LI-13679

Dated 04/09/2020

Complete appropriate boxes, sign the form, and attach to offer.

The Offeror makes the following Representations and Certifications. NOTE: The "Offeror," as used on this form, is defined on Exhibit "A" Page 3, not an agent or representative representing the Offeror.

1. 52.219-1 - SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that –

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR

124.105) by -

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt37t40%2B200%2B2%2B%2B%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt37t40%2B200%2B2%2B%2B%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.law.cornell.edu/cfr/text/13/124.1002 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=6faac0fcffbd719ed27dcfa2b6f6e070&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.219-1 https://www.law.cornell.edu/cfr/text/13/124.105) https://www.law.cornell.edu/cfr/text/13/124.105) https://www.law.cornell.edu/cfr/text/13/124.103) https://www.law.cornell.edu/cfr/text/13/124.104) https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d118eac601f1059ba9e57006ad7257e8&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.219-1 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=b9a7ce904c9a0435e1312072bc62d7bc&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.219-1 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d118eac601f1059ba9e57006ad7257e8&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.219-1 https://www.law.cornell.edu/cfr/text/13/124.104 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=7fee42b5c357636fb6bdac6efa992acc&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.219-1 https://www.law.cornell.edu/cfr/text/13/124.106) https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d118eac601f1059ba9e57006ad7257e8&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.219-1 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=7e1a376717e9ebfc7b8c9aaee2fe664d&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.219-1

INITIALS: &

LESSOR GOVERNMENT Enclosure 2

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) The North American Industry Classification System (NAICS) code for this acquisition is 531190.

(2) The small business size standard is $20.5 Million in annual average gross revenue of the concern for the last 3 fiscal years.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations.

(1) The Offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents, for general statistical purposes, that it [ ] is, [ ]is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents as part of its offer that it [ ] is, [ ]is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.

[Complete only if the Offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The Offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt37t40%2B200%2B2%2B%2B%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt37t40%2B200%2B2%2B%2B%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt37t40%2B200%2B2%2B%2B%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The Offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: .] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the Offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The Offeror represents as part of its offer that—

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. [The Offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture:

.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The Offeror represents as part of its offer that it [ ] is, [ ]is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:

.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(9) [Complete only if the Offeror represented itself as a disadvantaged business concern in paragraph (c)(2) of this provision.] The Offeror shall check the category in which its ownership falls:

[ ] Black American

[ ] Hispanic American

[ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians)

[ ] Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

[ ] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal)

[ ] Individual/concern, other than one of the preceding.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment;

and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

2. 52.204-5 - WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

(a) Definition. "Women-owned business concern," as used in this provision, means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the Offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The Offeror represents that it [ ] is a women-owned business concern.

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f0d3ff461d2c66cf2c2b5985a5cb1261&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.219-1 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc%2Buscview%2Bt13t16%2B492%2B90%2B%2B%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

3. 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

(Applicable when the estimated value of the acquisition exceeds $10,000)

The Offeror represents that—

(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It [ ] has, [ ] has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (Approved by OMB under Control Number 1215-0072.)

4. 52.222-25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

(Applicable when the estimated value of the acquisition exceeds $10,000)

The Offeror represents that—

(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or

(b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (Approved by OMB under Control Number 1215-0072.)

5. 552.203-72 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT FEDERAL TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (DEVIATION) (APR 2012)

(a) In accordance with Sections 630 and 631 of Division of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), none of the funds made available by that Act may be used to enter into a contract action with any corporation that---

(1) Has any…