Solicitation N40085-20-R-0075 BLDG 13 PNSY KITTERY.pdf

SOLICITATION NO. N40085-20-R-0075 DESIGN-BID-BUILD (DBB) BUILDING 13 BASE COMMUNICATIONS RENOVATION, PORTSMOUTH NAVAL

SHIPYARD, KITTERY, MAINE

PROPOSALS ARE DUE ON TUESDAY, 21 JULY 2020 AT 2:00 PM ET. REFER TO SECTION 00 21 16 FOR PROPOSAL DELIVERY INFORMATION.

PRE-PROPOSAL INQUIRIES (PPI) CUT-OFF DATE AND TIME IS 10 DAYS PRIOR TO PROPOSAL DUE DATE BY 2:00 PM ET. ALL PPIS SHALL BE

SUBMITTED TO DEANNA WARD VIA EMAIL AT DEANNA.WARD@NAVY.MIL.

MAGNITUDE OF CONSTRUCTION FOR THIS PROJECT IS BETWEEN $10,000,000 AND $25,000,000 IN ACCORDANCE WITH DFARS 236.204.

NAICS CODE IS 236220 - COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION, AND THE SMALL BUSINESS SIZE STANDARD IS $39,500,000.

THIS ACQUISITION IS BEING SOLICITED AS A TOTAL SMALL BUSINESS SET-ASIDE.

WAGE DETERMINATION GENERAL DECISION NUMBER: ME20200019 02/14/2020

DEANNA D WARD 757-341-1226

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

17-Jun-2020

(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 _______15 calendar days and complete it w ithin ________435 calendar days after receiving aw ard, notice to proceed. This performance period is mandatory, negotiable. (See _________________________FAR 52.211-10

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________21 Jul 2020 (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 X is, is not required.

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

D. Offers providing less than _______120 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 MID ATLANTIC

ACQUISITION CORE

9324 VIRGINIA AVENUE

NORFOLK VA 23511-3095

N40085

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

N4008520R0075 42

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

N4008520R0075

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

BASE PRICE

FFP

FOB: Destination

NET AMT

OPTION OPTION 1 - CLOCK TOWER CLOCK REPAIR

OPTION OPTION 2-TRAILERS & FURNITURE RELOCATION

OPTION OPTION 3 - STEAM CONDENSATE REPLACEMENT

OPTION OPTION 4 - CARD READERS

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

Section 00 21 16 - Instructions to Proposers

INSTRUCTIONS TO PROPOSERS

DESCRIPTION OF WORK

The project will consist of a total interior and partial exterior renovation of the 3-story, plus basement, historic masonry building of approximately 14,650 square feet. The scope of work will include abating hazardous materials; removing and replacing the south side stair tower with a new stair and elevator tower; upgrading the building’s structural support system; restoring original window openings; providing offices, conference and break areas, and modern toilet rooms; providing accessibility via ramp and elevator; and completely overhauling the building’s mechanical, electrical, data, and fire protection systems. Site improvements include all paving, walks, utility pads, ramps and green space. Utilities include electrical, fire, water, sanitary services, steam, connections, and relocations.

PRE-PROPOSAL CONFERENCE/SITE VISIT INFORMATION

*Site Visit details will be provided via Amendment*

PROPOSAL DELIVERY INFORMATION

PLEASE NOTE – HAND-CARRIED PROPOSALS WILL NOT BE ACCEPTED

Your price and non-price proposals shall be submitted no later than:

Tuesday, 21 July 2020 at 2:00 PM ET.

Electronic Submission: One (1) electronic submission shall include price and non-price proposals.

Price and Non-Price Proposal Submissions will be accepted via email to deanna.ward@navy.mil or via DoD SAFE (Secure Access File Exchange).

Information from DoD SAFE https://safe.apps.mil/ website: “DoD SAFE (Secure Access File Exchange) is a service to make it easy for you to exchange unclassified files up to 8.0 GB that can't be sent through email. The recipient will receive an automated email and instructions for uploading the file(s).”

A DOD Safe Submission must be requested by the offeror no later than four (4) days before the proposal due date and time. To request a DOD SAFE generated link to submit your proposal, send an email to Contract Specialist Deanna Ward at deanna.ward@navy.mil.

Paper Submission: In addition to the electronic proposal submission, submit your paper submission, including one (1) CD-ROM with the price and non-price proposal to:

Mailing address:

NAVFAC MIDLANT, ACQ21

9324 Virginia Avenue Bldg Z140, Room 225 Norfolk, VA 23511 Attn: Deanna Ward, Contract Specialist

Note: Offerors will NOT be penalized for deadline submission of paper copies as long as an electronic version is received by the proposal due date and time and the mailed item(s) postmark is at least 1 day prior to the proposal due date.

All required proposal documents shall be submitted in accordance with FAR 15.208. Pricing information is not required to be submitted under Section 00 10 00 – Solicitation in SF 1442.

BASIS OF AWARD

1. 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 offer.

2. As stated in the solicitation, 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.

3. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

4. In order to permit efficient competition, the Navy will utilize the following methodology.

Proposals will initially be screened for price and placed in order (lowest price to highest price).

The Navy will then evaluate the technical factors of the lowest priced proposal. In the event the proposal is deemed Unacceptable, the process described will be conducted again as many times as necessary, until such time as the Government identifies a technical acceptable proposal. The Navy will make award to the lowest priced technically acceptable proposal from among the lowest priced proposals. However, the Navy, at its sole discretion, reserves the right to increase the number of proposals it will review under this methodology. Accordingly, under this methodology, the technical factors of some proposals may not be evaluated by the Navy. If discussions are deemed necessary by the Contracting Officer, all proposals will be evaluated (both technical and price) for the purpose of establishing a competitive range.

5. An overall non-price factors 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 factors proposal being rated “UNACCEPTABLE” unless corrected through discussions. An overall non-price factors rating of “UNACCEPTABLE” makes a proposal ineligible for award.

EVALUATION FACTORS FOR AWARD

1. The solicitation requires the evaluation of price and the following non-price factors:

Factor 1 – Corporate Experience Factor 2 – Safety Factor 3 – Past Performance

The distinction between Corporate Experience and Past Performance is Corporate 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 pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts.

2. Basis of Evaluation and Submittal Requirements for Each Factor.

(a) Price:

(1) Solicitation Submittal Requirements:

The offeror shall submit one (1) original, marked “Original”, and one (1) copy, marked “Copy”, in a separate three ring binder (1/2 inch minimum) with the following:

Include a cover page with Solicitation Number, Solicitation Title, Prime Contractor Name, Address, Phone Number, Fax Number, DUNS Number, Cage Code, Point of Contact, and E-mail Address;

Completed SF 1442 signed with all amendments acknowledged;

Price Proposal Form;

Copy of Representation and Certifications and proof of registration in System for Award Management (SAM);

Confirmation of filing of Veterans’ Employment and Training (VETS) VETS-

4212 for the 2019 filing cycle;

Bid Guarantee in accordance with FAR Clause 52.228-1 – Bid Guarantee

(amount shall be at least 20 percent of the proposed price, but shall not exceed $3 million); and

Responsibility Determination Information (see below).

Small Business Subcontracting Plan

The offeror is required to submit a complete Price Proposal Form that includes completion of all contract line item numbers (CLINs).

In the event of a discrepancy between the original and copies, the original version of the proposal will govern. Furthermore, any price information within the technical proposal (non-price proposal) will not be considered. Likewise, any technical/non-price information within the price proposal will not be considered.

ADDITIONAL INFORMATION TO BE SUBMITTED WITH PRICE PROPOSAL

PACKAGE:

RESPONSIBILITY DETERMINATION INFORMATION – In order to be eligible for award, the offeror must be determined responsible in accordance with FAR Part 9, specifically FAR 9.104-1, General Standards. In a separate tab, the offeror shall provide the following information in the price proposal package:

1. One (1) signed bank reference demonstrating adequate financial resources. If offeror’s firm has a line of credit – provide information on how many figures offeror can borrow against the line of credit (i.e. medium 6 figures – exact line of credit is not required).

2. The offeror shall provide the latest three complete fiscal year financial statements for the prime contractor, certified by an independent accounting firm, if practicable, or signed by an authorized officer of the organization. Submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For Joint Venture arrangements, submit the latest three complete fiscal year financial statements for each company in the Joint Venture and discuss the financial responsibilities among the companies. The Government may also utilize Dun & Bradstreet reports to evaluate the financial capacity of the offeror.

3. Description of offeror’s facilities and equipment.

4. Other offeror’s work presently under contract.

5. Small Business Subcontracting Plan (reference FAR 52.219-9 Alt II and DFARS 252.219- 7003).

NAVFAC's command-wide small business subcontracting targets are shown below. These may be higher or lower than percentages that would represent realistic, challenging small business subcontracting goals for this acquisition. Offerors representing as other than small businesses shall establish small business subcontracting plan goals and shall document in their subcontracting plans the basis for all proposed goals. Plans shall be submitted with initial offers.

SB 45%

SDB 5%

HUBZone SB 3%

WOSB 15%

SDVOSB 5%

Small businesses identified by name shall be listed in small business subcontracting plans submitted pursuant to FAR 52.219-9 in order to facilitate compliance with DFARS 252.219- 7003(e).

See the Small Business Subcontracting Plan Template (Attachment E) for format.

Although required to be submitted with offeror’s price proposal, this information will not be evaluated as part of the price proposal. This information forms the basis of your firm’s responsibility determination should your firm be considered for award.

Proposal packages from unsuccessful offerors will not be returned to the offeror, but shall be destroyed by the Contracting Officer. No certificate of destruction will be issued.

(2) Basis of Evaluation:

The Government will evaluate price based on the total price. Total price consists of the basic requirements and all option items (see Section 00010 – Solicitation Contract Form of the solicitation). The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options (JUL 1990) in Section 00700 – Contract Clauses of the solicitation. In accordance with FAR 52.217-5, Evaluation of Options will not obligate the Government to exercise the option(s). Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(i) Comparison of proposed prices received in response to the RFP.

(ii) Comparison of proposed prices with the IGCE.

(iii) Comparison of proposed prices with available historical information.

(iv) Comparison of market survey results.

(b) Non-Price Factors:

Non-price binder: The offeror shall submit one (1) original, marked “Original”, and one (1) copy, marked “Copy”, each in a separate three ring binder with the following:

Cover page with Solicitation Number, Solicitation Title, Prime Contractor Name, Address, Phone Number, Fax Number, DUNS, Cage Code, Point of Contact, Phone Number, and Email Address;

8 ½ x 11 paper, 12-point font;

Refer to individual factors for page limitations. Pages that exceed indicated page limitations shall not be evaluated;

Additionally, include an electronic version of the non-price proposals on CD-

ROM.

As with the price proposal, in the event of a discrepancy between the original and copies (or CD- ROM), the original version of the proposal will govern. Furthermore, any price information within the technical proposal (non-price proposal) will not be considered. Likewise, any technical/non-price information within the price proposal will not be considered.

(1) Factor 1, Corporate Experience:

(i) Solicitation Submittal Requirements:

The offeror shall submit the following information:

Submit a minimum of two (2) and a maximum of five (5) relevant construction projects for the offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. The Government will not consider more than five projects and will review only the first five projects if more are submitted.

For purposes of this evaluation, a relevant project is further defined as:

Size: Final construction cost of $8 million or greater and Total construction area of 10,000 square feet or greater.

Scope: Complete renovation of a masonry building at least three stories tall.

Complexity: Each submitted project does not require demonstrated experience with all of the following elements, but collectively, experience with all elements must be established throughout the submitted relevant projects.

(a) Experience with hazardous material abatement;

(b) Experience with interior and exterior renovation of a buildings including temporary shoring of structural loadbearing elements;

(c) Experience with historic facilities and adherence to the Secretary of the Interior guidelines for selective demolition and renovation;

(d) Experience with multi-phased/sequenced construction that allowed facility to remain open for operations throughout the project; and

(e) Experience with projects in congested urban or industrial areas with limited construction laydown space and restricted access.

Subcontractor experience will not be considered. Additionally, experience of the offeror while performing as a subcontractor will not be considered.

Projects submitted shall be completed within seven (7) years prior to the date of issuance of the RFP. Additionally, projects which are not complete as of the date of issuance of this RFP shall not be considered by the SSEB.

A project is defined as a construction project performed under a single task order or contract.

For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather offerors shall submit the work performed under a task order as a project.

The attached Construction Experience Project Data Sheet (Attachment C) is MANDATORY and SHALL be used to submit project information, including the project square footage, for each project. Except as specifically requested, the Government will not consider information submitted in addition to this form. As such, submissions via any other medium will not be considered. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages).

Information beyond this page limit will not be considered.

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) as defined above by Size, Scope, and Complexity. The Government may determine that the project is not relevant if the offeror does not clearly demonstrate how each project meets the Size, Scope, and Complexity requirements. In addition, the description should also address any sustainable features for the project, including specific descriptions of those features. Provide applicable documentation on projects that were validated and/or certified through U.S. Green Building Council (USGBC) or the equivalent organization or process.

If the offeror is a Joint Venture (JV), relevant project experience must be submitted for projects completed by the Joint Venture entity. However, if the Joint Venture does not have shared experience, projects must be submitted for all Joint Venture members. Offerors who fail to submit experience for all Joint Venture members may be rated lower. 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 and explain as to how the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract.

Experience of proposed subcontractors will not be considered. Likewise, the Offeror’s experience as a subcontractor will not be considered.

(ii) Basis of Evaluation:

The basis of evaluation will include the offeror’s demonstrated experience and depth of experience in performing relevant construction projects as defined above in the solicitation submittal requirements. 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 requirement for Acceptability will be based upon the projects submitted by the offeror in its proposal; the offeror must have at least two (2) relevant projects that meet the Size, Scope, and Complexity stated in the Solicitation Submittal Requirements above or will be considered Unacceptable.

(2) Factor 2, Safety:

(i) Solicitation Submittal Requirements:

The offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each contractor who is part of the partnership or joint venture; however, only one safety narrative is required. EMR, DART and TRC Rates shall not be submitted for subcontractors.)

(1) Experience Modification Rate (EMR): Include three previous complete calendar years’ worth of data (2017, 2018, and 2019). This rate compares company’s annual losses in insurance claims against its policy premiums. The offeror may submit an insurance company-provided equivalent rate if no EMR exists. If the offeror has no EMR or premium, for any year, the offeror must affirmatively state so and explain why. Any extenuating circumstances that affect the EMR and negative trends must be addressed as part of the factor submission.

(2) OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate: Submit three previous complete calendar years’ worth of data (2017, 2018, and 2019). If an offeror cannot submit an OSHA DART rate, for any year, the offeror must affirmatively state so and an explanation must be provided. Any extenuating circumstances that affected the OSHA DART rate data negatively must be addressed as part of this factor submission.

(3) OSHA Total Recordable Case (TRC) Rate: Submit three previous complete calendar years’ worth of data (2017, 2018, and 2019). If an offeror cannot submit OSHA TRC rates, for any year, the offeror must affirmatively state so and an explanation must be provided. Any extenuating circumstances that affected the OSHA TRC rate data negatively must be addressed as part of this factor submission.

(4) Technical Approach for Safety: The technical approach to safety narrative shall be limited to one (1) double-sided page (or two (2) single-sided pages), and must address all items below.

1. The offeror shall describe the plan for safety that will be implemented to evaluate safety performance of potential subcontractors as part of the selection process for all levels of subcontractors.

2. The offeror shall submit a narrative that fully describes the safety management system that they will use to oversee the safety compliance and performance of self-performed and subcontractor performed work.

3. The offeror shall describe any innovative methods that will be employed to ensure and monitor safe work practices at self-performed and/or all subcontractor levels.

4. The offeror shall describe their methodology to execute an effective program that facilitates sound mishap prevention techniques and processes, employee reporting of unsafe conditions, unsafe activities, and near-miss mishaps.

Information beyond this page limit will not be considered.

(ii) Basis of Evaluation: The evaluation will collectively consider the following:

- Experience Modification Rate (EMR)

- OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART)

- Total Recordable Case (TRC) Rates

- Offeror Technical Approach to Safety

- Other sources of information available to the Government

(1) Experience Modification Rate (EMR): For the three previous complete calendar years the offeror will submit EMR. If no EMR exists, the offeror may submit an insurance company-provided equivalent rate explaining why not. If an insurance company-provided equivalent rate is provided, it will be treated the same as an EMR. Any extenuating circumstances that affected the EMR and negative trends must be addressed as part of this selection factor. The board will evaluate the EMR to determine if the offeror has demonstrated a history of safe work practices taking into account any negative trends and extenuating circumstances that impact the rating.

(2) OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rates: For the three previous complete calendar years, the offeror will submit their OSHA DART, as defined by the U.S. Department of Labor, Occupational Safety and Health Administration. If unable to submit OSHA DART rates, the offeror must affirmatively state so, and an explanation must be provided. Any extenuating circumstances that affected the OSHA DART rate data and negative trends must be addressed as part of this element. The board will evaluate the OSHA DART rates to determine if the offeror has demonstrated a history of safe work practices taking into account any upward trends and extenuating circumstances that impact rates.

(3) OSHA Total Recordable Case (TRC) Rates: For the three previous complete calendar years, the offeror will submit their OSHA TRC rates, as defined by the U.S. Department of Labor, Occupational Safety and Health Administration. If unable to submit OSHA TRC rates, the offeror must affirmatively state so, and an explanation must be provided. Any extenuating circumstances that affected the OSHA TRC rate data and negative trends must be addressed as part of this element. The board will evaluate the OSHA TRC rates to determine if the offeror has demonstrated a history of safe work practices taking into account any upward trends and extenuating circumstances that impact rates.

(4) Technical Approach to Safety: The offeror will describe their plan to evaluate their safety performance and that of potential subcontractors. Also, describe any innovative methods that the offeror will employ to ensure and monitor safe work practices at all subcontractor levels. The Safety Narrative shall be limited to two pages. The board will evaluate the narrative to determine the degree to which subcontractor safety performance will be considered in the selection of all levels of subcontractors on the upcoming project. The board will evaluate the narrative to determine the degree to which innovations are being proposed that may enhance safety on this procurement and validate the contractor has addressed methodology to be used in the execution of an effective program that facilitates sound mishap prevention techniques/processes, employee reporting of unsafe conditions, unsafe activities, and near-miss mishaps.

(5) Other Sources of Information Available to the Government: Other sources for safety may include but are not limited to OSHA data, NAVFAC’s Contractor Incident Reporting System (CIRS) in Enterprise Safety Applications Management System (ESAMS), Contractor Performance Assessment Reporting System (CPARS) and other related databases.

(c) Past Performance

(1) Factor 3, Past Performance:

(i) Solicitation Submittal Requirements:

IF A COMPLETED CPARS EVALUATION IS AVAILABLE, IT SHALL BE SUBMITTED

WITH THE PROPOSAL. IF THERE IS NOT A COMPLETED CPARS EVALUATION, the Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 1 – Corporate Experience. AN OFFEROR SHALL NOT SUBMIT A PPQ WHEN A

COMPLETED CPARS IS AVAILABLE.

IF A CPARS EVALUATION IS NOT AVAILABLE, the offeror must ensure correct phone numbers and email addresses are provided for the client point of contact. Completed PPQs should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror must complete and submit with the proposal the first page of the PPQ (Attachment D) with contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Ms. Deanna Ward, via email at deanna.ward@navy.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror. It is the responsibility of the offeror to provide accurate points of contact for each identified contract and current telephone numbers and/or email addresses.

The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the offeror’s references or the references’ unwillingness to provide the information requested may affect the Government’s evaluation of this factor.

Offerors are highly encouraged to provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 1 – Corporate Experience. Offerors are also highly encouraged to address any adverse past performance issues. Such explanations shall not exceed two (2) double-sided pages (or four (4) single-sided pages) in total.

Performance award or additional information submitted will not be considered.

(ii) Basis of Evaluation:

The evaluation focuses on how well the offeror performed on the relevant projects submitted under Factor 1 – Corporate Experience and past performance on other projects currently documented in known sources. Based on the offeror’s performance record, the Government will determine whether there is a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

The degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance may include, but is not limited to:

- A pattern of successful completion of tasks;

- A pattern of deliverables that are timely and of good quality;

- A pattern of cooperativeness and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.); and

- Recency of tasks performed that are identical to, similar to, or related to the task at hand

The Government will consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of Acceptability/Unacceptability, “unknown” shall be considered “Acceptable”.

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.236-28 Preparation of Proposals--Construction OCT 1997 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.219-7000 Advancing Small Business Growth SEP 2016

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39,500,000.

(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.

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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

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

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

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

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

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

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

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

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

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

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

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

(a) Definitions. As used in this provision--

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

“In writing or written” means any worded or numbered expression which 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, or revision, 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.