FY19 Italy Design-Build (DB) / Design-Bid-Build (DBB) Construction MATOC

CHANGES DATED 9 July 2019.
The purpose of Amendment 0011 is to update Attachment 14 - Phase TWO Price Proposal Form, provide Flow Tests for SEED Project #1, and provide As-Builts for SEED Project #3. Amendment 11 document to be posted to FBO, but the SEED project #3 RFP attachments will be delivered separately via AMRDEC SAFE due to file size and organization. Additionally Amendment 0006 SF30 Form was not provided via
FBO by mistake--the Amendment form is hereby posted for Offerors to acknowledge.
See Standard Form 30 for complete details..

CHANGES DATED 02 July 2019.
The purpose of Amendment 0010 is to update RFP attachment 12 Seed project #2. See Standard Form 30 for complete details..

CHANGES DATED 27 June 2019.
The purpose of Amendment 0009 is to extend the proposal due date to 15 July 2019 at 0800 hrs Central European Summer Time (CEST) See Standard Form 30 for complete details..

CHANGES DATED 21 June 2019.
The purpose of Amendment 0008 is to update ATTACHMENT 1 - SPECIFICATIONS BINDER (replacement of Spec 00 74 17 in its entirety), ATTACHMENTS 11, 12, and 13 - SEED PROJECTS (Table of Contents Section 00 01 10 has been updated respectively); update Section 00 22 20, Volume 1, Factor 4; and Volume 2, Section C - Bank Letter of Assurance. See Standard Form 30 for complete details..

CHANGES DATED 12 June 2019.
The purpose of Amendment 0007 is to incorporate ATTACHMENT 14 - PHASE II PRICE PROPOSAL FORM (Table of Contents Section 00 01 10 has been updated respectively) and update Section 00 22 20, Volume 1, Factor 4 and Volume II, Factor 5. See Standard Form 30 for complete details..

CHANGES DATED 07 June 2019.
The purpose of amendment 0006 is to incorporate the complete Task Order RFP packages for the SEED Projects. The packages for all three SEED Projects are provided as separate RFP attachments. See Standard Form 30 for complete details..

CHANGES DATED 04 June 2019.
The RFP Phase One has concluded. RFP amendment 0005 enters RFP Phase II, and the amendment has been sent directly to the Phase Two Offerors. The proposal deadline on this announcement is changed to match the proposal deadline as stated in Amendment 0005 and to allow electronic upload for Phase Two proposals. NOTE: Only proposals from the Phase Two Offerors will be accepted (Phase Two Offerors notified directly)..

***Changes dated 5 April 2019: Solicitation Posted - See below/attached.
PURPOSE OF THIS ANNOUNCEMENT:
This is a solicitation announcement resulting from the pre-solicitation announcement number W912GB-19-R-0031. The final solicitation package is posted as an attachment to this announcement. Please be advised, proposals in response to his solicitation announcement will ONLY be considered from firms whose responses were determined by the Government as being satisfactorily compliant with the requirements articulated in the QUALIFIED CONTRACTOR STATUS section from the presolicitation announcement. Access to the solicitation documents is restricted to those firms. If you are one of those firms, you can request access via this announcement page using your FBO login, and request authorized access in order to download the solicitation documents. See POC information at the bottom of this announcement if you encounter any difficulties. The solicitation documents will only be made available in electronic format, downloadable from FBO. No CD-ROMs or hardcopy documents will be distributed. Interested parties must be registered in FBO and the System for Award Management (SAM) at www.sam.gov in order to view or download the solicitation documents. OFFERORS ARE RESPONSIBLE FOR APPROPRIATELY REGISTERING IN SAM AND FBO, AND FOR MONITORING THIS ANNOUNCEMENT PAGE FOR CHANGES AND FORMAL SOLICITATION AMENDMENTS.

SPECIAL SAM NOTICE:
Please take notice that 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 will include 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.

FULL AND OPEN COMPETITION:
This acquisition will be subject to full and open competition pursuant to FAR Subpar 6.1. The NAICS code selected for this acquisition is 236220 Commercial and Institutional Building Construction.

PLANNED CONTRACT INFORMATION:
The intent is to issue a Firm Fixed Price (FFP), Multiple Award Task Order Contract (MATOC), consisting of a target pool of five individual Indefinite Delivery Indefinite Quantity (IDIQ) contracts. Construction projects will be accomplished via task orders to be competitively solicit among the successful awardees under the resulting MATOC. The ordering capacity of the MATOC is not-to-exceed $49,995,000 for the life of the contract. The planned duration for this contract is a total of five years, consisting of a one year base ordering period plus four options for ordering periods of one year each. The Contract will end upon completion of the five one year periods (if all options are exercised) or upon reaching the $49,950,000 ceiling. Individual projects issued under the MATOC will contain their own estimated values. There will be no limits on the number of task orders issued or limits on cumulative value ordered in any single year.
INFORMATION ABOUT THE SERVICES TO BE PROCURED:
The objective of these contracts is to provide design-build (DB) and design-bid-build (DBB) construction services for U.S. Forces throughout Italy. The work will include but not be limited to real property repair and maintenance, new construction, general building renovation, road and airfield pavement repair, utility work to include water, sewer, electrical, and gas, incidental minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete work, and environmental remediation work.
PLACE OF PERFORMANCE:
Task orders under this contract will be performed in Italy.
PRE-PROPOSAL CONFERENCE:
See RFP document, Section 00 21 00, paragraph B.
PROPOSAL DEADLINE:
Interested parties shall submit responses no later than the time and date specified on solicitation document. NOTE: the deadline on the solicitation document is stated in Central European Time. The deadline on this announcement page is stated in US Eastern Time. The electronic response feature on this announcement will close automatically at the deadline.

Added: Mar 29, 2019 9:27 am Modified: Apr 07, 2019 9:36 amTrack Changes.

***Update 29 March 2019
The required Pre-Qualification documentation deadline has been extended from 25 March 2019 to 1 April 2019 at 1000 hrs Central European Time (CET). Any responses submitted past this date will not be considered and will not be a part of the Restricted Plan Holders List (RPHL)..

***Changes dated 20 March 2019
1) The response deadline has changed in the announcement below to match the response date specified in the General Information associated with this announcement. See PRE-QUALIFICATION PROCESS section below. NOTE: the deadline in the announcement is stated in Central European Time. The response date in the General Information associated with this announcement is stated in US Eastern Time.

2) The preproposal conference date has changed.

***Changes dated 15 March 2019
All interested parties are advised to carefully review all changes made today under items 3 and 4 under the section below titled PRE-QUALIFICATION PROCESS.
PURPOSE OF THIS ANNOUNCEMENT
This announcement has two purposes. First, this is a Pre-Solicitation Notice of a proposed contract action pursuant to FAR 5.204. Secondly, this announcement request interested firms to submit pre-qualification documentation in order to propose on the formal solicitation that will be announced at a later date. The formal solicitation will follow this annoucement with full details, including a response deadline, statement of work, specifications, instructions to Offerors, and the evaluation factors and basis for award. The USACE Europe District Contracting Office will be the sole point of contact for this solicitation. The Primary Points of Contacts are listed with this announcement.
OFFERORS ARE RESPONSIBLE FOR MONITORING THIS WEBSITE FOR CHANGES TO THIS NOTICE AND THE FORMAL SOLICITATION ANNOUNCEMENT.
PLANNED SOLICITATION:
The US Army Corps of Engineers, Europe District intends to issue a Request for Proposals (RFP) for the services described herein. Currently it is estimated that the formal solicitation could occur any time on or after 29 March 2019. NOTE: Only firms that the U.S. Government determines qualified will be included as a part of a Restricted Plan Holders List (RPHL). Only qualified firms on the RPHL will be invited to participate and be provided a copy of the solicitation. Further details on the pre-qualification process is provided in the PREQUALIFICATION PROCESS section below.
Proposals in response to the formal solicitation will be due no less than 30 days from the solicitation date. The solicitation and any subsequent amendments will be made available via posting to FedBizOpps (FBO) at www.fbo.gov. The solicitation documents will only be made available in electronic format, downloadable from FBO. No CD- ROMs or hardcopy documents will be distributed. Interested parties must be registered in FBO and the System for Award Management (SAM) at www.sam.gov in order to view or download the solicitation documents. It is the responsibility of the interested parties to appropriately register SAM & FBO and to monitor for notices, amendments, etc.
THE GOVERNMENT RESERVES THE RIGHT TO CANCEL THE SOLICITATION, EITHER BEFORE OR AFTER PROPOSAL OPENING WITH NO OBLIGATION TO THE OFFEROR BY THE GOVERNMENT.
SPECIAL SAM NOTICE:
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 will include 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
FULL AND OPEN COMPETITION:
This acquisition will be subject to full and open competition pursuant to FAR Subpart 6.1.
PLANNED CONTRACT INFORMATION:
The intent is to issue a Firm Fixed Price (FFP), Multiple Award Task Order Contract (MATOC), consisting of a target pool of five individual Indefinite Delivery Indefinite Quantity (IDIQ) contracts. Construction projects will be accomplished via task orders to be competitively solicit among the successful awardees under the resulting MATOC. The ordering capacity of the MATOC is not-to-exceed $49,999,995 for the life of the contract. The planned duration for this contract is a total of five years, consisting of a one year base ordering period plus four options for ordering periods of one year each. The Contract will end upon completion of the five one year periods (if all options are exercised) or upon reaching the $49,999,995 ceiling. Individual projects issued under the MATOC will contain their own estimated values. There will be no limits on the number of task orders issued or limits on cumulative value ordered in any single year.
INFORMATION ABOUT THE SERVICES TO BE PROCURED:
The objective of these contracts is to provide design-build (DB) and design-bid-build (DBB) construction services for U.S. Forces throughout Italy. The work will include but not be limited to real property repair and maintenance, new construction, general building renovation, road and airfield pavement repair, utility work to include water, sewer, electrical, and gas, incidental minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete work, and environmental remediation work.
In accordance with FAR Subpart 36.3, Two-Phase Design-Build Selection Procedures, a two-phase source selection process will be used to evaluate the contractors for award. Those contractors who are considered most qualified during Phase I will be requested to submit the proposal requirements for Phase II (as required below, only pre-qualified contractors will be invited to participate in Phase I). Specific evaluation criteria will be provided in the formal solicitation, which will follow this announcement at a later date.
PLACE OF PERFORMANCE:
Task orders under these contracts will be primarily be located in Vicenza, Livorno, and Aviano. However, task orders could be issued at any U.S. Forces location throughout Italy.
PRE-PROPOSAL CONFERENCE:
The Government intends to host a pre-proposal conference for pre-qualified firms. The pre-proposal conference will likely take place on or around 16 April 2019 in Vicenza, Italy. The conference will last approximately 2-4 hours. Further details will be provided to the pre-qualified firms. The conference will primarily consist of a presentation by the US Government personnel involved in these projects, but will also include a chance for questions and answers from interested firms. The conference topics would include a general discussion about the US Army Corps of Engineers and US Procurement Law. Other important topics specific to the solicitation will also be discussed, which include:
- Procurement Timeline
- System for Award Management Registrations & ID Numbers
- Federal Business Opportunities website
- Pre-Proposal Inquiries & ProjNet
- Proposal Submission Instructions
- Proposal Format
- Evaluation Criteria
- Source Selection Approach
- Debriefings
- Ordering Procedures
PRE-QUALIFICATION PROCESS:
Only firms that the U.S. Government determines qualified will be included as a part of a Restricted Plan Holders List (RPHL). Only qualified firms on the RPHL will be invited to participate and be provided a copy of the solicitation. In order to be pre-qualified, interested parties must submit documentation for consideration in response to the presolicitation announcement as soon as possible, but no later than 25 March 2019 at 0900 hrs Central European Time (CET). Firms must submit material as stated below demonstrating compliance with the requirements as stated herein. Interested firms are encouraged to submit their qualification documentation via electronic upload under the "Bid Response" feature attached to this announcement. Any Offerors that may encounter difficulies with the electronic upload feature can submit their qualification documentation via email to the points of contact listed with this announcement.
All interested firms are required to submit the following documentation so that the US Government can determine their status as a qualified contractor:
1. A description of the teaming arrangement, as applicable, demonstrating how the potential Offeror and their proposed team meet the qualification requirements. List all firms, to include sub-contractors, that contribute toward satisfying the stated Societa Organismi D'Attestazione (S.O.A.) requirements and how the firm(s) contribute to the satisfaction of the requirement.
2. A copy of all S.O.A. certifications required for this solicitation. Offerors shall be qualified in accordance with D.P.R.34 of 25 January 2000, Regulations for the Qualification of Construction Firms in Italy, in accordance with Legislative Decree 12 April 2006 u. 163, the De Lise Code and any subsequent amendments for:
Prevailing Category:
a)OG 1 Industrial and Other Buildings Class IV €2.582.000
Minor Categories:
b)OG 6 Water, gas and oil pipelines and irrigation and drainage works Class II €516,000
c)OG 11 Utility Systems Class II €516,000
d)OG 3 Roads, motorways, bridges, railways, underground railways. Class III €1,033,000
e)OG 12 Remediation and environmental protection works and systems Class II €516,000
3. Firms must comply with Article 38 of the De Lise Code by self-certifying the attainment of Article 38; forward the Documento Unico di Regolarità Contributiva pursuant to Article 2 of the Legislative Decree numbered 210/2002 converted into law numbered 266/2002 - containing the relevant statements form INPS and INAIL; forward a copy of the Casellario Giudiziario Certificate for each member of the firm.
The required documentation submission due date has been extended, for those who cannot meet the 22 March 2019 deadline, until the closing date of Phase I of the RFP for this pre-solicitation announcement. Documentation for this item shall be a required item to be submitted concurrently with the Phase I proposal. Offerors are still encouraged to meet the 22 March 2019 deadline. Required documentation for all other items must still be submitted by 22 March 2019 in order to be pre-qualified for eligibility under Phase I. This item will be reviewed for the completion of the compliance verification and only those who are qualified will be evaluated for Phase I. Offers from firms who fail to submit documentation for this item by the closing date of the RFP will not be considered eligible and not evaluated.
4. The documentation required by Article 75 of D.P.R. 554/99 as replaced by Article 2 of D.P.R. 412/00. Note that self-certification is sufficient for paragraph 1 of the law, of Article 75. Compliance with the subparagraphs (b) and(c) of paragraph 1 of Article 75 shall be demonstrated by forwarding an unexpired original or certified copy of the "Certificato Casellar Giudiziale" or "Certificato dei Carichi Pendenti."
The required documentation submission due date has been extended, for those firms who cannot meet the 22 March 2019 deadline, until the closing date of Phase I of the RFP for this pre-solicitation announcement. Documentation for this item shall be a required item to be submitted concurrently with the Phase I proposal. Offerors are still encouraged to meet the 22 March 2019 deadline. Required documentation for all other items must still be submitted by 22 March 2019 in order to be pre-qualified for eligibility under Phase I. This item will be reviewed for completion of the compliance verification and only those who are qualified will be evaluated for Phase I. Offers from firms who fail to submit documentation for this item by the closing date of the RFP will not be considered eligible and not evaluated.
5. All potential Offerors who are a Joint Venture shall demonstrate in a narrative how the joint venture team meets the S.O.A. certification requirement of paragraph (2). The narrative must include a description of the responsibilities in terms of the work category(ies) for each partner. For example, firm A will be performing 70% of the OG 1work; firm B will perform 30% of the OG 1 work.
6. Offerors shall furnish all documentation complying with the following clauses. Failure to submit any document or submitting a non-conforming document may result in rejection in its entirety.
• 52.000-4090 - Qualification of Firms Pursuant to Italian Decree DPR 00/34
• 52.000-4091 - Compliance with Italian Decree DPR 554/99 amended by Art 2 of DPR 412/00
• 52.225-4002 - Anti Mafia Law
These clauses are stated in full text below:
52.000-4090 S.O.A.s-Qualification of Firms Pursuant to Italian Decree DPR 00/34 (Decreto Del Presidente Della Republica, January 25, 2000, No. 34.) (APR 2009)
Offerors must comply with the requirements of D.P.R. n. 34 of 25 January 2000 and subsequent amendments. Failure to furnish the documents required by this solicitation with your proposal may be cause for elimination of your proposal from competition. Firms must furnish any additional back-up documentation requested by the contracting officer within the time period specified by the Contracting Officer. Failure to provide supporting documentation will subject the Contractor to possible termination for default of the contract. In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the bid guarantee or letter of assurance or guarantee, if required under the solicitation, is available to offset the difference.
Offerors must provide their S.O.A. reflecting eligibility to bid on the work solicited, by work qualification and classification. The prevailing work categories and classification are described in the pre-solicitation notice and in this solicitation. These work categories and classifications will also be described in individual task order requests for proposal and the S.O.A. demonstrating eligibility will be required to be submitted with the task order proposal.
(End of Clause)
52.000-4091 Compliance with Italian Decree DPR 554/99, as amended by Article 2 of DPR 412/00 (2009).
All offerors must demonstrate compliance with DPR 554/99, notably Article 75, as amended by DPR 412/00, Article 2 and compliance with Article 38 of DPR 163/06 within the timelines specified by the contracting officer. Offerors will:
a)self-certify the non-existence of the situations at Art. 75 of DPR 554/99 as amended by Art. 2 of DPR 412/00 and Article 38 of DPR 163/06. and
b)comply by providing a "Certificato d' Iscrizione al Casellario Giudiziale" for each member of the company and a "Documento Unico di Regolaritá Contributiva" pursuant to Art. 2 of Legislative Decree n.210/2002 converted into law n. 266/2002.
(End of Clause)
52.225-4002 Anti- Mafia Law Italy (2015)
Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No. 629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of
Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.
Subcontractors: ALSO, the Offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The Offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the Offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.
Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract.
Documentation Requirements: Contractor shall submit the following:
The offeror SHALL include a "self-declaration" in accordance with DPR 445/2000, stating that "pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract."
This documentation is to be included in your Price Proposal.
(End of Clause)
NOTICE TO JOINT VENTURES:
A provision entitled "Joint Venture Agreements" will be included in the future solicitation for this project. It states that the Joint Venture Offerors shall, with their proposal (not now) furnish an Italian notarized legal document ("Mandao") that establishes the Joint Venture. The language of this provision is included below for information:
Joint Venture Offerors shall, with their proposal furnish an Italian notarized legal document ("Mandato") that establishes the Joint Venture. The Joint Venture Agreement shall take effect upon the submission of the proposal and remain irrevocable until one year (1) year after the work has been finally inspected and accepted by the Government.
The Joint Venture Agreement shall include, at a minimum, the following:
a)Name of firms that form the Joint Venture and the name of the Joint Venture;
b)Name and title of the corporate officials signing in behalf of each party;
c)Contract number;
d)Description of the responsibilities in terms of work category for each partner (for example - Firm A performing 70% of OG 1) that sufficiently demonstrates how the joint venture meets the SOA certification requirements of this solicitation;
e)The statement "The composition and structure of the Joint Venture will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government";
f)Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.
g)Relationship of the JV in terms of ownership, capital contribution, profit distribution/loss sharing; bonding responsibilities; party having overall control, etc.
h)The JV agreement must show that joint venture members are jointly and severally liable for any obligations under the contract.
If the Joint Venture is not organized according to Art 95 of Law 554, 21 December 1999, the U.S. Government reserves the right to review the actual Joint Venture agreement to determine its basis and compliance with applicable laws. The JV agreement presented to the Government must constitute the entire agreement between the parties concerning execution of this contract. Any side agreements, silent consortiums or other memoranda not presented to the Government with the proposal will have no validity in the execution of this contract and shall not constitute a defense against performance of contract requirements by JV partners.
NOTICE ABOUT SUBCONTRACTING:
If the Offeror wishes to perform some of the work using subcontractors (subject to the 25% prime contractor work requirement stated in FAR 52.236-1, Performance of Work by the Contractor), the prime contractor may use subcontractors of any nationality providing they submit commitment letters from those subcontractors. The contractor may not change subcontractors without the Contracting Officer's approval. Approval will not be given unless the contracting officer, in the exercise of his/her sole discretion, considers the proposed substitute to be equal in all respects to the originally proposed subcontractor and the contracting officer considers the substitution to be in the best interests of the Government.

.

***Changes dated 15 March 2019
All interested parties are advised to carefully review all changes made today under items 3 and 4 under the section below titled PRE-QUALIFICATION PROCESS.
PURPOSE OF THIS ANNOUNCEMENT
This announcement has two purposes. First, this is a Pre-Solicitation Notice of a proposed contract action pursuant to FAR 5.204. Secondly, this announcement request interested firms to submit pre-qualification documentation in order to propose on the formal solicitation that will be announced at a later date. The formal solicitation will follow this annoucement with full details, including a response deadline, statement of work, specifications, instructions to Offerors, and the evaluation factors and basis for award. The USACE Europe District Contracting Office will be the sole point of contact for this solicitation. The Primary Points of Contacts are listed with this announcement.
OFFERORS ARE RESPONSIBLE FOR MONITORING THIS WEBSITE FOR CHANGES TO THIS NOTICE AND THE FORMAL SOLICITATION ANNOUNCEMENT.
PLANNED SOLICITATION:
The US Army Corps of Engineers, Europe District intends to issue a Request for Proposals (RFP) for the services described herein. Currently it is estimated that the formal solicitation could occur any time on or after 29 March 2019. NOTE: Only firms that the U.S. Government determines qualified will be included as a part of a Restricted Plan Holders List (RPHL). Only qualified firms on the RPHL will be invited to participate and be provided a copy of the solicitation. Further details on the pre-qualification process is provided in the PREQUALIFICATION PROCESS section below.
Proposals in response to the formal solicitation will be due no less than 30 days from the solicitation date. The solicitation and any subsequent amendments will be made available via posting to FedBizOpps (FBO) at www.fbo.gov. The solicitation documents will only be made available in electronic format, downloadable from FBO. No CD- ROMs or hardcopy documents will be distributed. Interested parties must be registered in FBO and the System for Award Management (SAM) at www.sam.gov in order to view or download the solicitation documents. It is the responsibility of the interested parties to appropriately register SAM & FBO and to monitor for notices, amendments, etc.
THE GOVERNMENT RESERVES THE RIGHT TO CANCEL THE SOLICITATION, EITHER BEFORE OR AFTER PROPOSAL OPENING WITH NO OBLIGATION TO THE OFFEROR BY THE GOVERNMENT.
SPECIAL SAM NOTICE:
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 will include 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
FULL AND OPEN COMPETITION:
This acquisition will be subject to full and open competition pursuant to FAR Subpart 6.1.
PLANNED CONTRACT INFORMATION:
The intent is to issue a Firm Fixed Price (FFP), Multiple Award Task Order Contract (MATOC), consisting of a target pool of five individual Indefinite Delivery Indefinite Quantity (IDIQ) contracts. Construction projects will be accomplished via task orders to be competitively solicit among the successful awardees under the resulting MATOC. The ordering capacity of the MATOC is not-to-exceed $49,999,995 for the life of the contract. The planned duration for this contract is a total of five years, consisting of a one year base ordering period plus four options for ordering periods of one year each. The Contract will end upon completion of the five one year periods (if all options are exercised) or upon reaching the $49,999,995 ceiling. Individual projects issued under the MATOC will contain their own estimated values. There will be no limits on the number of task orders issued or limits on cumulative value ordered in any single year.
INFORMATION ABOUT THE SERVICES TO BE PROCURED:
The objective of these contracts is to provide design-build (DB) and design-bid-build (DBB) construction services for U.S. Forces throughout Italy. The work will include but not be limited to real property repair and maintenance, new construction, general building renovation, road and airfield pavement repair, utility work to include water, sewer, electrical, and gas, incidental minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete work, and environmental remediation work.
In accordance with FAR Subpart 36.3, Two-Phase Design-Build Selection Procedures, a two-phase source selection process will be used to evaluate the contractors for award. Those contractors who are considered most qualified during Phase I will be requested to submit the proposal requirements for Phase II (as required below, only pre-qualified contractors will be invited to participate in Phase I). Specific evaluation criteria will be provided in the formal solicitation, which will follow this announcement at a later date.
PLACE OF PERFORMANCE:
Task orders under these contracts will be primarily be located in Vicenza, Livorno, and Aviano. However, task orders could be issued at any U.S. Forces location throughout Italy.
PRE-PROPOSAL CONFERENCE:
The Government intends to host a pre-proposal conference for pre-qualified firms. The pre-proposal conference will likely take place on or around 08 April 2019 in Vicenza, Italy. The conference will last approximately 2-4 hours. Further details will be provided to the pre-qualified firms. The conference will primarily consist of a presentation by the US Government personnel involved in these projects, but will also include a chance for questions and answers from interested firms. The conference topics would include a general discussion about the US Army Corps of Engineers and US Procurement Law. Other important topics specific to the solicitation will also be discussed, which include:
- Procurement Timeline
- System for Award Management Registrations & ID Numbers
- Federal Business Opportunities website
- Pre-Proposal Inquiries & ProjNet
- Proposal Submission Instructions
- Proposal Format
- Evaluation Criteria
- Source Selection Approach
- Debriefings
- Ordering Procedures
PRE-QUALIFICATION PROCESS:
Only firms that the U.S. Government determines qualified will be included as a part of a Restricted Plan Holders List (RPHL). Only qualified firms on the RPHL will be invited to participate and be provided a copy of the solicitation. In order to be pre-qualified, interested parties must submit documentation for consideration in response to the presolicitation announcement as soon as possible, but no later than 22 March 2019 at 1000 hrs Central European Time (CET). Firms must submit material as stated below demonstrating compliance with the requirements as stated herein. Interested firms are encouraged to submit their qualification documentation via electronic upload under the "Bid Response" feature attached to this announcement. Any Offerors that may encounter difficulies with the electronic upload feature can submit their qualification documentation via email to the points of contact listed with this announcement.
All interested firms are required to submit the following documentation so that the US Government can determine their status as a qualified contractor:
1. A description of the teaming arrangement, as applicable, demonstrating how the potential Offeror and their proposed team meet the qualification requirements. List all firms, to include sub-contractors, that contribute toward satisfying the stated Societa Organismi D'Attestazione (S.O.A.) requirements and how the firm(s) contribute to the satisfaction of the requirement.
2. A copy of all S.O.A. certifications required for this solicitation. Offerors shall be qualified in accordance with D.P.R.34 of 25 January 2000, Regulations for the Qualification of Construction Firms in Italy, in accordance with Legislative Decree 12 April 2006 u. 163, the De Lise Code and any subsequent amendments for:
Prevailing Category:
a)OG 1 Industrial and Other Buildings Class IV €2.582.000
Minor Categories:
b)OG 6 Water, gas and oil pipelines and irrigation and drainage works Class II €516,000
c)OG 11 Utility Systems Class II €516,000
d)OG 3 Roads, motorways, bridges, railways, underground railways. Class III €1,033,000
e)OG 12 Remediation and environmental protection works and systems Class II €516,000
3. Firms must comply with Article 38 of the De Lise Code by self-certifying the attainment of Article 38; forward the Documento Unico di Regolarità Contributiva pursuant to Article 2 of the Legislative Decree numbered 210/2002 converted into law numbered 266/2002 - containing the relevant statements form INPS and INAIL; forward a copy of the Casellario Giudiziario Certificate for each member of the firm.
The required documentation submission due date has been extended, for those who cannot meet the 22 March 2019 deadline, until the closing date of Phase I of the RFP for this pre-solicitation announcement. Documentation for this item shall be a required item to be submitted concurrently with the Phase I proposal. Offerors are still encouraged to meet the 22 March 2019 deadline. Required documentation for all other items must still be submitted by 22 March 2019 in order to be pre-qualified for eligibility under Phase I. This item will be reviewed for the completion of the compliance verification and only those who are qualified will be evaluated for Phase I. Offers from firms who fail to submit documentation for this item by the closing date of the RFP will not be considered eligible and not evaluated.
4. The documentation required by Article 75 of D.P.R. 554/99 as replaced by Article 2 of D.P.R. 412/00. Note that self-certification is sufficient for paragraph 1 of the law, of Article 75. Compliance with the subparagraphs (b) and(c) of paragraph 1 of Article 75 shall be demonstrated by forwarding an unexpired original or certified copy of the "Certificato Casellar Giudiziale" or "Certificato dei Carichi Pendenti."
The required documentation submission due date has been extended, for those firms who cannot meet the 22 March 2019 deadline, until the closing date of Phase I of the RFP for this pre-solicitation announcement. Documentation for this item shall be a required item to be submitted concurrently with the Phase I proposal. Offerors are still encouraged to meet the 22 March 2019 deadline. Required documentation for all other items must still be submitted by 22 March 2019 in order to be pre-qualified for eligibility under Phase I. This item will be reviewed for completion of the compliance verification and only those who are qualified will be evaluated for Phase I. Offers from firms who fail to submit documentation for this item by the closing date of the RFP will not be considered eligible and not evaluated.
5. All potential Offerors who are a Joint Venture shall demonstrate in a narrative how the joint venture team meets the S.O.A. certification requirement of paragraph (2). The narrative must include a description of the responsibilities in terms of the work category(ies) for each partner. For example, firm A will be performing 70% of the OG 1work; firm B will perform 30% of the OG 1 work.
6. Offerors shall furnish all documentation complying with the following clauses. Failure to submit any document or submitting a non-conforming document may result in rejection in its entirety.
• 52.000-4090 - Qualification of Firms Pursuant to Italian Decree DPR 00/34
• 52.000-4091 - Compliance with Italian Decree DPR 554/99 amended by Art 2 of DPR 412/00
• 52.225-4002 - Anti Mafia Law
These clauses are stated in full text below:
52.000-4090 S.O.A.s-Qualification of Firms Pursuant to Italian Decree DPR 00/34 (Decreto Del Presidente Della Republica, January 25, 2000, No. 34.) (APR 2009)
Offerors must comply with the requirements of D.P.R. n. 34 of 25 January 2000 and subsequent amendments. Failure to furnish the documents required by this solicitation with your proposal may be cause for elimination of your proposal from competition. Firms must furnish any additional back-up documentation requested by the contracting officer within the time period specified by the Contracting Officer. Failure to provide supporting documentation will subject the Contractor to possible termination for default of the contract. In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the bid guarantee or letter of assurance or guarantee, if required under the solicitation, is available to offset the difference.
Offerors must provide their S.O.A. reflecting eligibility to bid on the work solicited, by work qualification and classification. The prevailing work categories and classification are described in the pre-solicitation notice and in this solicitation. These work categories and classifications will also be described in individual task order requests for proposal and the S.O.A. demonstrating eligibility will be required to be submitted with the task order proposal.
(End of Clause)
52.000-4091 Compliance with Italian Decree DPR 554/99, as amended by Article 2 of DPR 412/00 (2009).
All offerors must demonstrate compliance with DPR 554/99, notably Article 75, as amended by DPR 412/00, Article 2 and compliance with Article 38 of DPR 163/06 within the timelines specified by the contracting officer. Offerors will:
a)self-certify the non-existence of the situations at Art. 75 of DPR 554/99 as amended by Art. 2 of DPR 412/00 and Article 38 of DPR 163/06. and
b)comply by providing a "Certificato d' Iscrizione al Casellario Giudiziale" for each member of the company and a "Documento Unico di Regolaritá Contributiva" pursuant to Art. 2 of Legislative Decree n.210/2002 converted into law n. 266/2002.
(End of Clause)
52.225-4002 Anti- Mafia Law Italy (2015)
Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No. 629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of
Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.
Subcontractors: ALSO, the Offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The Offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the Offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.
Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract.
Documentation Requirements: Contractor shall submit the following:
The offeror SHALL include a "self-declaration" in accordance with DPR 445/2000, stating that "pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract."
This documentation is to be included in your Price Proposal.
(End of Clause)
NOTICE TO JOINT VENTURES:
A provision entitled "Joint Venture Agreements" will be included in the future solicitation for this project. It states that the Joint Venture Offerors shall, with their proposal (not now) furnish an Italian notarized legal document ("Mandao") that establishes the Joint Venture. The language of this provision is included below for information:
Joint Venture Offerors shall, with their proposal furnish an Italian notarized legal document ("Mandato") that establishes the Joint Venture. The Joint Venture Agreement shall take effect upon the submission of the proposal and remain irrevocable until one year (1) year after the work has been finally inspected and accepted by the Government.
The Joint Venture Agreement shall include, at a minimum, the following:
a)Name of firms that form the Joint Venture and the name of the Joint Venture;
b)Name and title of the corporate officials signing in behalf of each party;
c)Contract number;
d)Description of the responsibilities in terms of work category for each partner (for example - Firm A performing 70% of OG 1) that sufficiently demonstrates how the joint venture meets the SOA certification requirements of this solicitation;
e)The statement "The composition and structure of the Joint Venture will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government";
f)Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.
g)Relationship of the JV in terms of ownership, capital contribution, profit distribution/loss sharing; bonding responsibilities; party having overall control, etc.
h)The JV agreement must show that joint venture members are jointly and severally liable for any obligations under the contract.
If the Joint Venture is not organized according to Art 95 of Law 554, 21 December 1999, the U.S. Government reserves the right to review the actual Joint Venture agreement to determine its basis and compliance with applicable laws. The JV agreement presented to the Government must constitute the entire agreement between the parties concerning execution of this contract. Any side agreements, silent consortiums or other memoranda not presented to the Government with the proposal will have no validity in the execution of this contract and shall not constitute a defense against performance of contract requirements by JV partners.
NOTICE ABOUT SUBCONTRACTING:
If the Offeror wishes to perform some of the work using subcontractors (subject to the 25% prime contractor work requirement stated in FAR 52.236-1, Performance of Work by the Contractor), the prime contractor may use subcontractors of any nationality providing they submit commitment letters from those subcontractors. The contractor may not change subcontractors without the Contracting Officer's approval. Approval will not be given unless the contracting officer, in the exercise of his/her sole discretion, considers the proposed substitute to be equal in all respects to the originally proposed subcontractor and the contracting officer considers the substitution to be in the best interests of the Government.

.

PURPOSE OF THIS ANNOUNCEMENT
This announcement has two purposes. First, this is a Pre-Solicitation Notice of a proposed contract action pursuant to FAR 5.204. Secondly, this announcement request interested firms to submit pre-qualification documentation in order to propose on the formal solicitation that will be announced at a later date. The formal solicitation will follow this annoucement with full details, including a response deadline, statement of work, specifications, instructions to Offerors, and the evaluation factors and basis for award. The USACE Europe District Contracting Office will be the sole point of contact for this solicitation. The Primary Points of Contacts are listed with this announcement.
OFFERORS ARE RESPONSIBLE FOR MONITORING THIS WEBSITE FOR CHANGES TO THIS NOTICE AND THE FORMAL SOLICITATION ANNOUNCEMENT.
PLANNED SOLICITATION:
The US Army Corps of Engineers, Europe District intends to issue a Request for Proposals (RFP) for the services described herein. Currently it is estimated that the formal solicitation could occur any time on or after 29 March 2019. NOTE: Only firms that the U.S. Government determines qualified will be included as a part of a Restricted Plan Holders List (RPHL). Only qualified firms on the RPHL will be invited to participate and be provided a copy of the solicitation. Further details on the pre-qualification process is provided in the PREQUALIFICATION PROCESS section below.
Proposals in response to the formal solicitation will be due no less than 30 days from the solicitation date. The solicitation and any subsequent amendments will be made available via posting to FedBizOpps (FBO) at www.fbo.gov. The solicitation documents will only be made available in electronic format, downloadable from FBO. No CD- ROMs or hardcopy documents will be distributed. Interested parties must be registered in FBO and the System for Award Management (SAM) at www.sam.gov in order to view or download the solicitation documents. It is the responsibility of the interested parties to appropriately register SAM & FBO and to monitor for notices, amendments, etc.
THE GOVERNMENT RESERVES THE RIGHT TO CANCEL THE SOLICITATION, EITHER BEFORE OR AFTER PROPOSAL OPENING WITH NO OBLIGATION TO THE OFFEROR BY THE GOVERNMENT.
SPECIAL SAM NOTICE:
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 will include 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
FULL AND OPEN COMPETITION:
This acquisition will be subject to full and open competition pursuant to FAR Subpart 6.1.
PLANNED CONTRACT INFORMATION:
The intent is to issue a Firm Fixed Price (FFP), Multiple Award Task Order Contract (MATOC), consisting of a target pool of five individual Indefinite Delivery Indefinite Quantity (IDIQ) contracts. Construction projects will be accomplished via task orders to be competitively solicit among the successful awardees under the resulting MATOC. The ordering capacity of the MATOC is not-to-exceed $49,999,995 for the life of the contract. The planned duration for this contract is a total of five years, consisting of a one year base ordering period plus four options for ordering periods of one year each. The Contract will end upon completion of the five one year periods (if all options are exercised) or upon reaching the $49,999,995 ceiling. Individual projects issued under the MATOC will contain their own estimated values. There will be no limits on the number of task orders issued or limits on cumulative value ordered in any single year.
INFORMATION ABOUT THE SERVICES TO BE PROCURED:
The objective of these contracts is to provide design-build (DB) and design-bid-build (DBB) construction services for U.S. Forces throughout Italy. The work will include but not be limited to real property repair and maintenance, new construction, general building renovation, road and airfield pavement repair, utility work to include water, sewer, electrical, and gas, incidental minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete work, and environmental remediation work.
In accordance with FAR Subpart 36.3, Two-Phase Design-Build Selection Procedures, a two-phase source selection process will be used to evaluate the contractors for award. Those contractors who are considered most qualified during Phase I will be requested to submit the proposal requirements for Phase II (as required below, only pre-qualified contractors will be invited to participate in Phase I). Specific evaluation criteria will be provided in the formal solicitation, which will follow this announcement at a later date.
PLACE OF PERFORMANCE:
Task orders under these contracts will be primarily be located in Vicenza, Livorno, and Aviano. However, task orders could be issued at any U.S. Forces location throughout Italy.
PRE-PROPOSAL CONFERENCE:
The Government intends to host a pre-proposal conference for pre-qualified firms. The pre-proposal conference will likely take place on or around 08 April 2019 in Vicenza, Italy. The conference will last approximately 2-4 hours. Further details will be provided to the pre-qualified firms. The conference will primarily consist of a presentation by the US Government personnel involved in these projects, but will also include a chance for questions and answers from interested firms. The conference topics would include a general discussion about the US Army Corps of Engineers and US Procurement Law. Other important topics specific to the solicitation will also be discussed, which include:
- Procurement Timeline
- System for Award Management Registrations & ID Numbers
- Federal Business Opportunities website
- Pre-Proposal Inquiries & ProjNet
- Proposal Submission Instructions
- Proposal Format
- Evaluation Criteria
- Source Selection Approach
- Debriefings
- Ordering Procedures
PRE-QUALIFICATION PROCESS:
Only firms that the U.S. Government determines qualified will be included as a part of a Restricted Plan Holders List (RPHL). Only qualified firms on the RPHL will be invited to participate and be provided a copy of the solicitation. In order to be pre-qualified, interested parties must submit documentation for consideration in response to the presolicitation announcement as soon as possible, but no later than 22 March 2019 at 1000 hrs Central European Time (CET). Firms must submit material as stated below demonstrating compliance with the requirements as stated herein. Interested firms are encouraged to submit their qualification documentation via electronic upload under the "Bid Response" feature attached to this announcement. Any Offerors that may encounter difficulies with the electronic upload feature can submit their qualification documentation via email to the points of contact listed with this announcement.
All interested firms are required to submit the following documentation so that the US Government can determine their status as a qualified contractor:
1. A description of the teaming arrangement, as applicable, demonstrating how the potential Offeror and their proposed team meet the qualification requirements. List all firms, to include sub-contractors, that contribute toward satisfying the stated Societa Organismi D'Attestazione (S.O.A.) requirements and how the firm(s) contribute to the satisfaction of the requirement.
2. A copy of all S.O.A. certifications required for this solicitation. Offerors shall be qualified in accordance with D.P.R.34 of 25 January 2000, Regulations for the Qualification of Construction Firms in Italy, in accordance with Legislative Decree 12 April 2006 u. 163, the De Lise Code and any subsequent amendments for:
Prevailing Category:
a)OG 1 Industrial and Other Buildings Class IV €2.582.000
Minor Categories:
b)OG 6 Water, gas and oil pipelines and irrigation and drainage works Class II €516,000
c)OG 11 Utility Systems Class II €516,000
d)OG 3 Roads, motorways, bridges, railways, underground railways. Class III €1,033,000
e)OG 12 Remediation and environmental protection works and systems Class II €516,000
3. Firms must comply with Article 38 of the De Lise Code by self-certifying the attainment of Article 38; forward the Documento Unico di Regolarità Contributiva pursuant to Article 2 of the Legislative Decree numbered 210/2002 converted into law numbered 266/2002 - containing the relevant statements form INPS and INAIL; forward a copy of the Casellario Giudiziario Certificate for each member of the firm.
4. The documentation required by Article 75 of D.P.R. 554/99 as replaced by Article 2 of D.P.R. 412/00. Note that self-certification is sufficient for paragraph 1 of the law, of Article 75. Compliance with the subparagraphs (b) and(c) of paragraph 1 of Article 75 shall be demonstrated by forwarding an unexpired original or certified copy of the "Certificato Casellar Giudiziale" or "Certificato dei Carichi Pendenti."
5. All potential Offerors who are a Joint Venture shall demonstrate in a narrative how the joint venture team meets the S.O.A. certification requirement of paragraph (2). The narrative must include a description of the responsibilities in terms of the work category(ies) for each partner. For example, firm A will be performing 70% of the OG 1work; firm B will perform 30% of the OG 1 work.
6. Offerors shall furnish all documentation complying with the following clauses. Failure to submit any document or submitting a non-conforming document may result in rejection in its entirety.
• 52.000-4090 - Qualification of Firms Pursuant to Italian Decree DPR 00/34
• 52.000-4091 - Compliance with Italian Decree DPR 554/99 amended by Art 2 of DPR 412/00
• 52.225-4002 - Anti Mafia Law
These clauses are stated in full text below:
52.000-4090 S.O.A.s-Qualification of Firms Pursuant to Italian Decree DPR 00/34 (Decreto Del Presidente Della Republica, January 25, 2000, No. 34.) (APR 2009)
Offerors must comply with the requirements of D.P.R. n. 34 of 25 January 2000 and subsequent amendments. Failure to furnish the documents required by this solicitation with your proposal may be cause for elimination of your proposal from competition. Firms must furnish any additional back-up documentation requested by the contracting officer within the time period specified by the Contracting Officer. Failure to provide supporting documentation will subject the Contractor to possible termination for default of the contract. In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the bid guarantee or letter of assurance or guarantee, if required under the solicitation, is available to offset the difference.
Offerors must provide their S.O.A. reflecting eligibility to bid on the work solicited, by work qualification and classification. The prevailing work categories and classification are described in the pre-solicitation notice and in this solicitation. These work categories and classifications will also be described in individual task order requests for proposal and the S.O.A. demonstrating eligibility will be required to be submitted with the task order proposal.
(End of Clause)
52.000-4091 Compliance with Italian Decree DPR 554/99, as amended by Article 2 of DPR 412/00 (2009).
All offerors must demonstrate compliance with DPR 554/99, notably Article 75, as amended by DPR 412/00, Article 2 and compliance with Article 38 of DPR 163/06 within the timelines specified by the contracting officer. Offerors will:
a)self-certify the non-existence of the situations at Art. 75 of DPR 554/99 as amended by Art. 2 of DPR 412/00 and Article 38 of DPR 163/06. and
b)comply by providing a "Certificato d' Iscrizione al Casellario Giudiziale" for each member of the company and a "Documento Unico di Regolaritá Contributiva" pursuant to Art. 2 of Legislative Decree n.210/2002 converted into law n. 266/2002.
(End of Clause)
52.225-4002 Anti- Mafia Law Italy (2015)
Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No. 629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of
Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.
Subcontractors: ALSO, the Offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The Offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the Offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.
Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract.
Documentation Requirements: Contractor shall submit the following:
The offeror SHALL include a "self-declaration" in accordance with DPR 445/2000, stating that "pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract."
This documentation is to be included in your Price Proposal.
(End of Clause)
NOTICE TO JOINT VENTURES:
A provision entitled "Joint Venture Agreements" will be included in the future solicitation for this project. It states that the Joint Venture Offerors shall, with their proposal (not now) furnish an Italian notarized legal document ("Mandao") that establishes the Joint Venture. The language of this provision is included below for information:
Joint Venture Offerors shall, with their proposal furnish an Italian notarized legal document ("Mandato") that establishes the Joint Venture. The Joint Venture Agreement shall take effect upon the submission of the proposal and remain irrevocable until one year (1) year after the work has been finally inspected and accepted by the Government.
The Joint Venture Agreement shall include, at a minimum, the following:
a)Name of firms that form the Joint Venture and the name of the Joint Venture;
b)Name and title of the corporate officials signing in behalf of each party;
c)Contract number;
d)Description of the responsibilities in terms of work category for each partner (for example - Firm A performing 70% of OG 1) that sufficiently demonstrates how the joint venture meets the SOA certification requirements of this solicitation;
e)The statement "The composition and structure of the Joint Venture will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government";
f)Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.
g)Relationship of the JV in terms of ownership, capital contribution, profit distribution/loss sharing; bonding responsibilities; party having overall control, etc.
h)The JV agreement must show that joint venture members are jointly and severally liable for any obligations under the contract.
If the Joint Venture is not organized according to Art 95 of Law 554, 21 December 1999, the U.S. Government reserves the right to review the actual Joint Venture agreement to determine its basis and compliance with applicable laws. The JV agreement presented to the Government must constitute the entire agreement between the parties concerning execution of this contract. Any side agreements, silent consortiums or other memoranda not presented to the Government with the proposal will have no validity in the execution of this contract and shall not constitute a defense against performance of contract requirements by JV partners.
NOTICE ABOUT SUBCONTRACTING:
If the Offeror wishes to perform some of the work using subcontractors (subject to the 25% prime contractor work requirement stated in FAR 52.236-1, Performance of Work by the Contractor), the prime contractor may use subcontractors of any nationality providing they submit commitment letters from those subcontractors. The contractor may not change subcontractors without the Contracting Officer's approval. Approval will not be given unless the contracting officer, in the exercise of his/her sole discretion, considers the proposed substitute to be equal in all respects to the originally proposed subcontractor and the contracting officer considers the substitution to be in the best interests of the Government.

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