W912GB19F0026_0002_Amend.pdf

JOCPOLAND1

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose if this amendment is to incorporate RFP changes and change PPC information. All other terms and conditions remain unchanged.

See continuation pages for details.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 15

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 28-Feb-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912GB19R0026

X 9B. DATED (SEE ITEM 11)

14-Feb-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

28-Feb-2019

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

KONRAD ADENAUER RING 39

D-65187 WIESBADEN GERMANY

WIESBADEN 65187

W912GB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912GB19R0026

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

INSTRUCTIONS TO OFFERORS

When the word “Offeror” is encountered, it is intended to mean a company seeking to do business with the Government that submits a proposal in response to this solicitation. When the word “Government” is encountered, it is intended to mean USACE NAU. “Request For Proposal”, “RFP” and “Solicitation” are used synonymously throughout.

Note: Proposal Expenses and Pre-Contract Costs: This request for proposal (RFP) does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.

A. PROPOSAL SUBMISSION

1. Introduction. To assure timely and equitable evaluation of proposals, Offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. The Offeror shall submit in the proposal all requested information specified in this section of the Request for Proposal (RFP) solicitation at or before the exact time specified. There will be no public opening of the proposals received as a result of this RFP. Failure to meet a requirement may result in an offer being ineligible for award. Copies of the RFP are available by INTERNET ACCESS ONLY. All RFP documents will made available for viewing at the Federal Business Opportunities (FBO) website http://www.fbo.gov. All amendments will be made available for viewing in FBO. It shall be the Offeror’s responsibility to check the website for any amendments.

2. Inquiries. Offerors with technical inquiries shall submit their inquiries via “Bidder Inquiry” in

ProjNet at www.projnet.org\projnet.

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user. Verify that information on next screen is correct and click to continue.

From this page you may view all bidder inquiries or add inquiry. Only one question will be allowed per inquiry. If multiple questions are included in a single inquiry, only the first question will be answered. All others will remain unanswered until entered in as single inquiries. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

Project: (W912GB19R0026) POLAND JOC RFP Bidder Inquiry Key: 67F9TC-D44W95

The Bidder Inquiry System will be closed to new inquiries seven (7) calendar days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. If the System is not closed in a timely manner, an inquiry posted within seven calendar days of the receipt of proposals will still be regarded as untimely and will not afforded a substantive response. The Government reserves the right to decline addressing certain questions.

Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

The bidder call center operates weekdays from 8am to 5pm U.S. Central Time Zone (Chicago).

The telephone number for the Call Center is 800-428-HELP.

It is the Offeror’s responsibility to monitor for inquiries and responses.

3. General Proposal Submission Requirements.

a. Electronic Proposals. In an effort to reduce paperwork and costs, ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/Fedex delivery of hard copies and/or CD-ROMs are not authorized. Facsimile submission is not authorized. Email submission is not authorized. ELECTRONIC PROPOSAL SUBMISSION IS REQUIRED THROUGH THE FEDBIZOPPS (FBO.GOV) “ELECTRONIC RESPONSE” FEATURE. The FBO vendor user guide has information & instructions on how to utilize this feature. The FBO vendor user guide is accessible via the following web URL: https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf.

b. File Size Limitations. Offerors are advised to follow the FBO instructions for uploading files larger than 10MB (java upload). FBO has not posted official file size limitations for its electronic response module, however it has been observed that uploads to FBO tend to be problematic when the files are sized 100MB or greater. If needed, Offerors are advised to break the files down into smaller sections in order to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

c. File Names. To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention: Each filename shall begin with the solicitation number, followed by the word “RESPONSE”, followed by your firm’s name, and finally a brief file description. EXAMPLES:

(1) “W912GB19R0026 RESPONSE Firmname Volume I.pdf”

(2) “W912GB19R0026 RESPONSE Firmname Volume I Part 1.pdf”

(3) “W912GB19R0026 RESPONSE Firmname Volume I Part 2.pdf”

(4) “W912GB19R0026 RESPONSE Firmname Volume I diagrams, figures.pdf”

(5) “W912GB19R0026 RESPONSE Firmname Volume II.pdf”

d. File Organization, Formatting, and other instructions. Although hard copies are not accepted, each file shall be clearly indexed, and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized--larger page sizes (such as 11x17 foldouts, etc.) will be counted as two pages. Offerors shall prepare proposals in the English language. Proposals shall be in a narrative format, organized and titled so that each section of the proposal follows the order and format of the factors. Information presented should be organized so as to pertain to only the evaluation factor in the section that the information is presented. Information pertaining to more than one evaluation factor should be repeated in the each section for each factor. Electronic files shall be Microsoft Windows compatible. Files shall be submitted in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. If the electronic files are of a size at which they must be compressed (zipped), they shall be compressed into one zipped folder.

e. Upload Completion & Deadline. Interested parties shall submit responses no later than the date specified on solicitation document. The time & date of proposal receipt will be the upload completion / delivery time & date recorded within FBO. Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process and troubleshooting. Proposal submission difficulties should be coordinated with the Federal Service Desk at https://fsd.gov and/or +1-866-606-8220 (Mon-Fri 8am-8pm Eastern Time UTC -5:00). Experience shows that if an upload doesn’t complete until after the deadline, the FBO system WILL NOT COMPLETE. The FBO system will automatically shut off the “Electronic Submission” feature at the specified deadline--once that occurs, the feature will disappear from the announcement. Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline may be emailed to SFC Betsy Weintraub, Contract Specialist (betsy.weintraub@usace.army.mil), but be advised they will be considered late and as such will be processed in accordance with FAR 15.208.

f. Any information, presented in a proposal that the Offeror wants safeguarded from disclosure to other parties must be identified and labeled in accordance with the requirements of Provision “FAR 52.215-1, Instructions to OfferorsCompetitive Acquisition (Jan 2004),” subparagraph (e). The Government will endeavor to honor the restrictions against release requested by Offerors, to the extent permitted under United States law and regulations.

g. SPECIAL NOTICE: System for Award Management. Please take notice that the System for

Award Management (SAM, www.sam.gov) has a new entity registration requirement that firms submit an "original, signed notarized letter identifying the authorized Entity Administrator for the entity associated with the Data Universal Numbering System (DUNS) number before the registration will be activated." This applies to all new entity registrations and all entity registration renewals, effective 29 April 2018. Further information behind this new requirement is posted to the General Services Administration's (GSA) announcement page at https://www.gsa.gov/samupdate. Please also refer to Federal Service Desk's (FSD) instructions on how to comply with this new requirement. NOTE: the instructions are different for domestic (U.S. based) and international (not U.S. based) firms. Offerors are reminded that this solicitation includes the provision FAR 52.204-7 SAM or FAR 52.212-1 Instructions to Offerors--Commercial Items, and the resulting award will include the clause FAR 52.204-13 SAM Maintenance or 52.212-4 Contract Terms and Conditions--Commercial Items. These provisions/clauses require all contractors to register and maintain an active SAM entity registration in order to be eligible for contract awards, as prescribed by the regulation at FAR Subpart 4.11. In order to eligible for the contract award resulting from this solicitation, Offerors are advised to take immediate action to ensure your SAM entity registration is current and/or will be current at the time of proposal receipt by this contracting office. Instructions for domestic entities (located in the U.S. or its outlying areas): https://fsd.gov/fsd-gov/answer.do?sysparm_kbid=d2e67885db0d5f00b3257d321f96194b&sysparm_search=kb0013183.

Instructions for international entities (not located in the U.S. or its outlying areas): https://www.fsd.gov/fsd-gov/answer.do?sysparm_kbid=dbf8053adb119344d71272131f961946&sysparm_search=KB0013221

4. Proposal Format, Volume I, Non-Price Proposal: Volume I shall include an Executive Summary section and a section for each Non-Price factor. Volume I shall be organized as follows:

a. Section A - Executive Summary. Include a one page cover letter and any applicable fully-executed joint venture agreements or other evidence of formal teaming agreements.

i. JV agreements shall include the following:

(1) A copy of their JV agreement in English, signed by all parties of the

JV.

(2) A detailed statement outlining the following in terms of percentages, where appropriate:

(a)The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing.

(b)The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work.

(c)The structure of the joint venture and decision-ranking responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work.

(d)Identification of the key personnel having authority to legally bind the joint venture to subcontracts and state who will provide or contract for the labor and materials for the joint venture.

(e)Identification of party maintaining the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, keep the books and records, and pay applicable taxes for the joint venture.

(f)Identification of party furnishing the facilities, such as office supplies and telephone service.

(g)Identification of party having overall control of the joint venture.

(3) Other sections of the proposal shall identify, where appropriate, whether key personnel are employees of the individual joint venture parties and identify the party, or hired as employees of the joint venture.

(4) A complete and legally binding document with all the information required under this section titled “Joint Ventures” shall be included.

ii. Other formal teaming agreements shall include the following:

(1) A copy of their teaming agreement in English, signed by all parties of the team.

b. Section B - Factor 1, Experience. Include a completed Experience Information Sheet for each project. A sample sheet is provided as an RFP attachment. See full requirements for this Factor under the EVALUATION APPROACH section below.

c. Section C - Factor 2, Past Performance. Include completed CPARS records and/or completed Past Performance Evaluation Questionnaire Forms for each project submitted under Factor 1. The Past Performance Evaluation Questionnaire Form is provided as an RFP attachment.

d. Section D - Factor 3, Management Approach. This section shall include a narrative describing the Offeror’s proposed management approach. Proposal information for this Factor will be limited to 10 20 pages. See full requirements for this Factor under the EVALUATION APPROACH section below.

5. Proposal Format, Volume II, Price Proposal and Administrative Matters: Volume II shall include the following:

a. Section A – Cover Letter. Offerors shall submit a cover letter in accordance with FAR 52.215-1(c)(2), including:

i. The solicitation number.

ii. The Offeror’s name, address, and phone/email contact information.

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.

iv. Names, titles, and telephone / email contact information of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation.

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.

b. Section B – Completed Solicitation Form (and amendments). Offerors shall submit a completed Standard Form (SF) 1442 using a printed copy of the SF 1442 included in this solicitation. If applicable, Offerors shall also submit a completed SF 30 for each solicitation amendment, acknowledging all the amendments.

c. Section C – Completed Price Schedule. Offerors shall submit a completed price schedule, including proposed prices for all items for the base and all option years (schedule provided as RFP attachment).

d. Section D – Bank Letter of Assurance or Bid Bond in the amount of €4,800,000 ($5,000,000). See format provided as RFP attachment.

e. Section E – SAM Registration, Representations & Certifications. Offerors shall submit the following:

i. A completed clause FAR 52.204-8(d).

ii. A copy of their current “Entity Registration” in the System for Award Management

(SAM) as recorded at www.sam.gov, showing the following sections: “core data, “assertions”, and “POCs”.

iii. A copy of their current “FAR & DFARS Report” that demonstrates all their completed representations and certifications as recorded at www.sam.gov.

f. Section F - Financial Information (e.g. past three years financial statements, annual reports, Dun & Bradstreet Ratings, and or number, bank name, and POC, etc).

B. DISCUSSIONS

1. General Information: The Government does not intend to hold discussions. However, in accordance with FAR 15.306(d), discussion sessions with each Offeror may be held.

Should discussions take place, all Offerors in the competitive range will be allowed to submit Final Proposal Revisions.

2. Discussion Scheduling: If discussions are conducted, the Contracting Officer may conduct discussions orally, in writing, etc. The method for discussions will be at the discretion of the Contracting Officer. The Contracting Officer will provide additional instructions with the notification of discussions.

PRE-PROPOSAL CONFERENCE

1. A Pre-Proposal Conference will be held at the Sheraton Poznan Hotel Bukowska 3/9, Poznan 60-809

Poland on 05 March 2019. Conference check-in will begin at 0900 local time and presentations will begin at 0930. The conference is expected to conclude no later than 1200.

Due to limited space, attendees are limited to no more than five (5) two (2) people per contractor/company. To Pre-Register, send the following information to betsy.weintraub@usace.army.mil no later than 1600 on Wednesday, 27 February 2019:

Full Name Company Position Email & Phone Number (including country code) Reason for Attending: Prime contractor, subcontractor, etc.

***IMPORTANT: Pre-Registered Attendees must provide a REVISED final list with ONLY TWO participants per firm to betsy.weintraub@usace.army.mil no later than 12:00 on Friday, 01 March 2019.

***Attendees will be required to show identification at the conference check-in.

2. Site Visits will not be conducted for this solicitation. Future task orders issued under the contract will have site visits. For bidding purposes, please use the attached information pertaining to sites of potential task orders.

a. Accommodation Consignment Agreement: Boleslawiec, Zagan, & Swietoszow

b. Accommodation Consignment Agreement: Powidz (bldgs. w/o JICRs)

c. Accommodation Consignment Agreement: Powidz

d. Accommodation Consignment Agreement: Poznan

e. Accommodation Consignment Agreement: Zagan Training Area

SECTION 00 22 00 - SUPPLEMENTARY INSTRUCTIONS

EVALUATION FACTORS

A. BASIS FOR AWARD

The Government will utilize the Best Value Tradeoff Process for Source Selection in accordance with FAR 15.101-1 to determine best value. This process permits tradeoffs among cost or price and non-cost factors. Award will be made to the Offeror proposing the combination most advantageous to the Government based upon an integrated assessment of the proposals received, including the evaluation factors described in paragraph B of this section. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for all non-price factors. The Government considers it to be in its best interest to allow award to other than the lowest priced Offeror or other than the highest technically rated Offeror. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs must be documented in the file in accordance with FAR 15.406.

B. FACTORS TO BE EVALUATED

The Government Source Selection Team (SST) will evaluate proposals according to the factors listed below. Offerors are required to provide data addressing all stated factors in a clear and understandable format. If an Offeror does not have data relating to a specific factor, it shall be clearly stated in the proposal. Proposals that do not clearly address all factors may be considered unacceptable and may not receive further consideration. A detailed explanation of the criteria for the evaluation for each factor is set forth under the EVALUATION APPROACH paragraph below.

1. Non-Price Factors: The purpose of the non-price factors is to assess whether the Offeror’s proposal will satisfy the Government’s minimum requirements. A proposal receiving an unacceptable rating on one or more non-price factors will result in an overall unacceptable rating and be ineligible for award.

Factor 1 – Corporate Relevant Specialized Experience Factor 2 – Past Performance Factor 3 – Management Approach

2. Price Factor: The purpose of the price factor is to ensure a fair and reasonable price. The price factor will be evaluated differently than the non-price factors, and is subject to Contract Pricing policies as set forth in FAR Subpart 15.4.

Factor 4 – Unit Price Book (UPB) Coefficients

3. Relative Importance of the Evaluation Factors. In accordance with FAR 15.304(e), the non-priced factors, when combined, are significantly more important than price. In addition, of the non-price factors, Factor 1 Experience is more important than Factors 2 Management Approach Past Performance and 3 Past Performance Management Approach, which are of equal importance to one another.

C. EVALUATION APPROACH

All proposals shall be evaluated by the Source Selection Team (SST).

1. DEFINITIONS. The following definitions are provided to assist evaluators in the evaluation process:

Strength. An aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.

Significant Strength. An aspect of an Offeror’s proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.

Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance. See FAR 15.001.

Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001.

Deficiency. A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001.

Clarification. Limited exchanges between the Government and Offerors that may occur when award without discussions is contemplated. See FAR 15.306.

Adverse Past Performance. Past performance information that supports a less than satisfactory rating from sources where the information is from other than formal rating systems such as “Past Performance Information Retrieval System” (PPIRS) or “Federal Awardee Performance and Integrity Information System.” (FAPIIS).

2. TEAM ARRANGEMENTS. As described in FAR Subpart 9.6, it is the Government’s policy to recognize the integrity and validity of contractor team arrangements. For a teaming arrangement to be recognized for purposes of source selection evaluation and the application of non-price factors, there must be full disclosure of the teaming arrangement and company relationships in the team's proposal.

The proposal must include a narrative that explains the major or critical aspects of the work to be performed by each team member (to include identification of team members, a full delineation of roles and responsibilities of team members, and the duration of the agreement, etc.). The proposal must also include an agreement that has been executed between/among all team members. The proposal and agreement must be consistent; substantive inconsistencies between the proposal and agreement may be construed against the Offeror. The timely submission of the executed teaming agreement prior to award shall be a precondition to a finding of responsibility. NOTE: For the purposes of evaluation under this RFP, if one of the parties in a teaming arrangement possesses relevant experience and/or past performance, the experience and/or past performance of that firm will be considered as the experience and/or past performance of entire teaming arrangement.

a. Joint Ventures (JV). If the Offeror is a JV, the Offeror must provide evidence of a legally binding JV agreement, which creates legal responsibility on the part of all contractors in the JV. Further details surrounding requirements related to the JV agreement are provided in the section 00 21 00.

b. Other Teaming Arrangements. In the case of prime-sub teams (e.g., if an Offeror proposes to utilize a “key subcontractor”), the agreement must reflect that the prime contractor is vested with control and responsibility for the daily management of the work, and that it remains responsible for contract performance, including those items allocated to a subcontractor on the team. Offerors are reminded that the prime contractor remains fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors. However, consistent with FAR 9.104- 4, the Government may consider the responsibility of subcontractor team members when it may adversely affect the prospective prime contractor’s responsibility or when it is in the Government’s interest to do so.

Finally, any resulting subcontract(s) may not deviate from the substantive provisions of the teaming agreement. The failure of the Offeror to perform with one or more subcontractors on a recognized team may be grounds for termination for default. There can be no substitution of subcontractor team members except that, in the case of a prime-sub team arrangement, the Government may (in its sole discretion and without any obligation whatsoever), at the request of the prime, permit the substitution of a subcontractor with equivalent or greater capability for a subcontractor on the identified team. Note: Only a Contracting Officer can approve such a change after contract award.

3. Recent and Relevant Contracts. For Factor 1 evaluation purposes, the definition of a recent and relevant contract must meet the following conditions:

a. The contract was awarded to the Offeror as the prime contractor. In the case of an Offeror that is a JV, the contract must have been awarded to either member of the JV as the prime contractor. In the case of an Offeror that is a prime-sub team (see previous paragraph on teaming arrangements), the contract must have been awarded to the prime or the key sub-contractor.

b. The contract was completed no earlier than five calendar years before the closing date of the RFP or has been ongoing for at least one year before the closing date of this RFP.

c. The contract is fundamentally for building renovations that include floors, doors, walls, windows, external facades, repairs to roofs; repair/replacement of major building systems such as electrical, mechanical, HVAC; Civil work, that includes concrete/asphalt roads and pavements, earthwork, and drainage structures; and environmental work, such as hazardous material abatement and disposal.

d. Projects with a minimum cost of €50,000. to €2,500,000.

4. Non Price Factors:

Data provided in response to the non-price factors described below shall be included in Volume I, “Non-Price Proposal.”

a. Factor 1: Corporate Relevant Specialized Experience. The SST will evaluate Offerors under this factor to determine the depth and breadth of the Offeror’s experience that demonstrates the ability to accomplish the work specified under this solicitation. Offerors must submit no more than five projects meeting the criteria in Paragraph C.3.Recent and Relevant Contracts. The Experience Information Sheet shall not exceed 4 pages per contract.

For Offerors submitting as a Teaming Arrangement, each firm/contractor in the Teaming Arrangement, whether JV or prime/key sub, shall submit a minimum of one (1) project. If more than five projects are submitted by an Offeror, the Government will only review the first five (5) projects. The projects will be reviewed in the order in which they are received in Offeror’s submitted proposal.

For the purposes of evaluation under this factor, more consideration will be given to an Offeror that demonstrates greater depth and breadth of experience that involve the following (listed is in no order of importance).

i. Projects that demonstrate experience working in Poland.

ii. Projects demonstrating experience with multiple projects in multiple trades.

iii. Projects demonstrating experience working with proposed Key Subcontractors and/or the proposed JV Partners.

NOTE: Offerors are cautioned that the SST may assess weaknesses against experience examples that are not verifiable, and/or where the Offeror or their proposed subcontractor were subcontractors and their role in the project was minor in comparison to the whole project.

For this factor, Offerors will be assigned a combined technical/risk rating from the following table, based on the evaluation of the Offeror’s proposal in accordance with the requirements of the solicitation:

NON-PRICE FACTOR COMBINED TECHNICAL/RISK RATINGS

Color Rating Description Blue Outstandin g Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is very low.

Purple Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.

Red Un-acceptable

Proposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.

Risk levels as described in the adjectival ratings in the combined technical/risk rating table will be assessed according to the following guidelines:

NON-PRICE FACTOR TECHNICAL RISK RATING

Adjectival Rating

Description

Low

Proposal may contain weakness(es) which have little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties.

Moderate Proposal contains a significant weakness or combination of weaknesses which may potentially cause disruption of schedule, increased cost or degradation of performance.

Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties.

High Proposal contains a significant weakness or combination of weaknesses which is likely to cause significant disruption of schedule, increased cost or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring.

Unacceptab le

Proposal contains a material failure or a combination of significant weaknesses that increases the risk of unsuccessful performance to an unacceptable level.

b. Factor 2: Past Performance. The SST will evaluate Offerors under this factor to determine how likely Offerors will be successful on the work under this solicitation. The Offeror's past performance will be evaluated based on performance on projects submitted under Factor 1 Experience, as well as other projects not submitted by the Offeror, to include the past performance of any Subcontractors or JV partners the Offeror may have submitted. The Government’s past performance evaluation will include an assessment of past performance on any and all relevant past performance (as defined below in paragraphs (c)(i) and (c)(ii). NOTE:

The evaluation for this factor uses a much broader definition of what is relevant as compared to Factor 1 Experience. This assessment will be based on consideration of all relevant facts and circumstances, including any trends in past performance. Key focus areas will include the following (see PPQ):

Quality Schedule/Timeliness of Performance Customer Satisfaction Management/Personnel/Labor Cost/Financial Management

Safety/Security

Offerors shall provide a completed performance record for the same contracts submitted for consideration under Factor 1, Experience. If available, a completed record from the Contractor’s Performance Assessment Reporting System (CPARS) will be accepted for evaluation under this factor. An interim completed CPARs rating will be considered if a final record is not available. If a completed CPARS record is not available at all, Offerors shall complete and provide a Past Performance Questionnaire (PPQ). The completed PPQ shall not exceed 4 pages per contract.

PPQ Instructions: The Offeror shall complete Blocks 1-4 of the provided Past Performance Questionnaire and have the Contracting Activity and the Technical Representative responsible for the past/current contract complete the remainder of the contract. Offeror shall ensure correct phone numbers and email addresses are provided for the client point of contact. Completed Past Performance Questionnaires shall be submitted with the proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide 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 via email no later than the closing date of this RFP.

Also include performance recognition documents received for the Factor 1 projects such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. Offerors shall provide a copy of any Cure Notices or Show Cause Letters received by the Offeror for each submitted project and a description of any corrective action implemented by the Offeror. The Offerors shall indicate if any of the contracts listed were terminated and the type and reasons for the termination.

The Government may verify information provided by the Offeror with any source available and has the right to contact points of contact other than those listed by the Offeror. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), 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), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror. In rating past performance, the Government may consider available past performance information on predecessor companies, or employment histories of key personnel, or committed subcontractors performing key elements of the project.

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.

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.304(a)(2)(iv)). If an Offeror has no relevant past performance history, the Offeror must affirmatively state that it possesses no relevant directly related or similar past performance.

For the Past Performance evaluation, the evaluation will include a relevancy rating and confidence assessment, as detailed below.

i. Past Performance Relevancy Rating. The first aspect of the past performance evaluation is to determine how relevant a recent effort accomplished by the Offeror is to the effort to be acquired through the source selection. Relevancy is not separately rated, however. Common aspects of relevancy include similarity of service/support, complexity, dollar value, contract type, and degree of subcontract/teaming:

Past Performance Relevancy Ratings:

Rating Definition

Very Relevant

Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant

Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.

ii. Performance Confidence Assessment. The second aspect of the past performance evaluation is to determine how well the contractor performed on the contracts. In conducting the confidence assessment, each Offeror shall be assigned one of the ratings identified below:

Performance Confidence Assessments:

Rating Definition

Substantial Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort.

Satisfactory Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.

Neutral Confidence

No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.

Limited Confidence

Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort.

No Confidence

Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to ‘successfully perform the required effort.

c. Factor 3: Management Approach. Evaluators will determine whether the Offeror’s management approach is logical, feasible, and demonstrates a comprehensive understanding of the complexity of managing the contract. The information shall provide charts, tables, sketches and maps as needed to make the work approach understandable. The narrative shall not exceed 10 pages. In performing the evaluation, the Government will evaluate the following:

i. Whether the proposal clearly delineates lines of authority, and communication with the Government, on the organizational chart organized in a precise and logical manner, including all offices involved with the management of the contract, including Key Subcontractors and JV partners.

ii. The extent to which the proposal describes a reasonable and logical plan for the performance of five (5) simultaneous task orders that illustrates a detailed understanding of multiple task order requirements, proposes personnel that meet the specification requirements, and provides subcontracting and staffing plan.

For this factor, Offerors will be assigned a combined technical/risk rating from the following table, based on the evaluation of the Offeror’s proposal in accordance with the requirements of the solicitation:

NON-PRICE FACTOR COMBINED TECHNICAL/RISK RATINGS

Color Rating Description Blue Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weakness. Risk of unsuccessful performance is very low.

Purple Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.

Green Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. Risk of unsuccessful performance is no worse than moderate.

Yellow Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.

Red Un-acceptable

Proposal does not meet requirements and contains one or more deficiencies.

Proposal is unawardable.

Risk levels as described in the adjectival ratings in the combined technical/risk rating table will be assessed according to the following guidelines:

NON-PRICE FACTOR TECHNICAL RISK RATING

Adjectival Rating

Description

Low

Proposal may contain weakness(es) which have little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal Government monitoring will likely be able to overcome any difficulties.

Moderate Proposal contains a significant weakness or combination of weaknesses which may potentially cause disruption of schedule, increased cost or degradation of performance.

Special contractor emphasis and close Government monitoring will likely be able to overcome difficulties.

High Proposal contains a significant weakness or combination of weaknesses which is likely to cause significant disruption of schedule, increased cost or degradation of performance. Is unlikely to overcome any difficulties, even with special contractor emphasis and close Government monitoring.

Unacceptab le

Proposal contains a material failure or a combination of significant weaknesses that increases the risk of unsuccessful performance to an unacceptable level.

5. Price Factor: Data provided in response to the non-price factors described below shall be included in Volume II, “Price Proposal and Administrative Matters.” Price will not be rated, but will be considered in establishing the competitive range prior to discussions (if held) and in making the final determination of best value. The Government will perform price analysis on all proposals received in accordance with FAR 15.404-1 to determine completeness, balanced pricing, reasonableness, and understanding of the work.

a. Factor 4, Unit Price Book (UPB) Coefficients. Offerors are required to price for all items for the base and all option ordering periods. See the RFP Section 01 11 00 for a definition of UPB Coefficients. See also the attached sample Task Order Proposal for an explanation of how the coefficients will be applied per Task Order. Prices proposed will be analyzed to determine if the prices are unbalanced. If the price analysis indicates that an offer is unbalanced the contracting officer shall consider the risks to the Government associated with the unbalanced pricing. An offer will be rejected if the lack of balance poses an unacceptable risk to the Government. From a price perspective, an offer’s overall value will be assigned as being the sum of all the CLINs added together.

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

52.000-4062 BANK LETTER OF GUARANTY (NOV 2007)

Within SEVEN calendar days after the date of contract award, the Contractor shall furnish the Contracting Officer a Bank Letter of Guaranty for the performance of the work in the amount of €4.800.000,00 ($5,000,000.00) of the anticipated maximum contract value, or lesser amount, at the discretion of the Contracting Officer, conforming to the format of the sample letter. Failure to furnish the Bank Letter of Guaranty may be deemed a breach of contract. The Bank Letter of Guaranty will be dated as of the contract award date or as soon thereafter as possible. The Bank Letter of Guaranty shall state that it will continue in effect without change in amount or terms until the work has been finally inspected and accepted by the Government, and that thereafter it will continue in effect until expiration of any applicable warranty periods or extensions thereof in an amount equal to five percent (5%) of the contract price. The Bank Letter of Guaranty shall also state that the bank agrees and consents that the contract may be modified by change order or supplemental agreement without affecting the validity of the Bank Letter of Guaranty. The Contracting Officer may require and the Contractor shall furnish the Contracting Officer an increase in the amount of the Bank Letter of Guaranty because of increases to the contract value. The authorization to issue "Notice to Proceed" will not be effected until after approval and acceptance by the Contracting Officer of the Bank Letter of Guaranty. The Bank Letter of Guaranty shall be interpreted in accordance with U.S. law and is subject to the Choice of Law and Immunity for Legal Process clauses in the solicitation.

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