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REQUEST FOR PROPOSAL N33191-13-R-1240 RENOVATION OF SEVASTOPOL
SCHOOL #5, UKRAINE
The purpose of this contract is for the design and construction
for the renovation of Sevastopol School #5 in Sevastopol, Ukraine
in accordance w ith the attached Technical Specifications.
Proposals shall be submitted electronically to Ms. Maureen
Hoesly, [email protected] on or before the time and date
specified in Block 13 of this document.
Time = Central European Summer Time (CEST)
Preproposal questions must be submitted in w riting no later
than 19 September 2013 and w ill be addressed in a solicitation
amendment.
In accordance w ith FAR 15.101-2, aw ard w ill be made to the
low est price technically acceptable offeror.
In accordance w ith FAR 36.204, the magnitude of this project is
expected to be betw een $250,000 and $500,000.
MAUREEN E. HOESLY
NOTE: In sealed bid solicitations "offer" and "offeror" mean
"bid" and "bidder".10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE
WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED05-Sep-2013
(RFP)(IFB)
X
CALL:B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATIONSEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
X
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV.
4-85)Prescribed by GSAFAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______15
calendar days and complete it w ithin ________330 calendar days
after receiving
aw ard, notice to proceed. This performance period is X
mandatory, negotiable. (See _________________________12 A. THE
CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT
BONDS?(If "YES," indicate within how many calendar days after award
in Item 12B.)
YES X NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:A. Sealed offers in
original and __________1 copies to perform the w ork required are
due at the place specif ied in Item 8 by ___________
local time ______________21 Oct 2013 (date). If this is a sealed
bid solicitation, offers must be publicly opened at that time.shall
be marked to show the offeror's name and address, the solicitation
number, and the date and time offers are due.
B. An offer guarantee is, X is not required.
C. All of fers are subject to the (1) w ork requirements, and
(2) other provisions and clauses incorporated in the solicitation
in full text or by reference.D. Offers providing less than
_______60 calendar days for Government acceptance after the date
offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER, AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully
completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODENAVFAC EUROPE AFRICA SOUTHWEST ASIAVIALE PORTO
CAPODICHINONAPOLI 80144
N33191
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
.)12B. CALENDAR DAYS
12:00 AM (hour)Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
8. ADDRESS OFFER TO (If Other Than Item 7)
FAX:TEL: TEL: FAX:
N33191-13-R-1240 24
-
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued)(Construction,
Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the
prices specified below in strict accordance w ith the terms of this
solicitation, if this offer isaccepted by the Government in w
riting w ithin ________ calendar days after the date offers are
due.the minimum requirements stated in Item 13D. Failure to insert
any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and
payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS(The offeror acknowledges
receipt of amendments to the solicitation -- give number and date
of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGNOFFER (Type or
print)
AWARD (To be completed by Government)21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM(4 copies unless
otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C.
2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE
NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE
ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this
document.)document and return _______ copies to issuing office.)
Contractor agrees Your of f er on this solicitation, is hereby
accepted as to the items listed. This award con-to f urnish and
deliv er all items or perf orm all work, requisitions identif ied
summates the contract, which consists of (a) the Gov ernment
solicitation andon this f orm and any continuation sheets f or the
consideration stated in this y our of f er, and (b) this contract
award. No f urther contractual document iscontract. The rights and
obligations of the parties to this contract shall be necessary .gov
erned by (a) this contract award, (b) the solicitation, and (c) the
clauses,representations, certif ications, and specif ications or
incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME
OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATEBY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS
APPLICABLE(Contractor is required to sign this28. NEGOTIATED
AGREEMENT
(M ust be fully completed by offeror)OFFER
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Section 00010 - Solicitation Contract Form
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1
Project Various Repairs to Sevastopol School #5
FFP The Contractor shall provide all labor, supervision,
materials, equipment and applicable safety precautions necessary to
repair a section of the Central Wing roof, repair 8 units of
bathrooms, repair the gymnasium and locker rooms, and provide a
commemorative plaque as described in the Technical Specifications,
Section 1.3 Detailed Scope of Work (Base Bid) FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1
Project OPTION OPTION 1 - Repair of Sewer System
FFP The Contractor shall provide all labor, supervision,
materials, equipment and applicable safety precautions necessary to
repair the sewer system as described in the Technical
Specifications, Section 1.4 Repair of Sewer System (Option 1) FOB:
Destination
NET AMT
Maureen.HoeslyText BoxUAH with VATUAH without VAT
Maureen.HoeslyText BoxUAH with VATUAH without VAT
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N33191-13-R-1240
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 1
Project OPTION OPTION 2 - Renovate Front Facade
FFP The Contractor shall provide all labor, supervision,
materials, equipment and applicable safety precautions necessary to
renovate the front facade, including the replacement of windows,
repair the entrance doors (double), replacement of the entrance
steps and the construction of an entrance ramp as described in the
Technical Specifications, Section 1.5 Renovate Front Facade,
Windows, and Entrance (Option 2) FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 1
Project OPTION OPTION 3 - Additional Window Replacement
FFP The Contractor shall provide all labor, supervision,
materials, equipment and applicable safety precautions necessary to
provide additional wooden window replacement in the Central WIng as
described in the Technical Specifications, Section 1.6 Additional
Window Replacement (Option 3) FOB: Destination
NET AMT
Maureen.HoeslyText BoxUAH with VATUAH without VAT
Maureen.HoeslyText BoxUAH with VATUAH without VAT
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N33191-13-R-1240
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ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 1
Project OPTION OPTION 4 - Additional Roof Repair
FFP The Contractor shall provide all labor, supervision,
materials, equipment and applicable safety precautions necessary to
provide additional roof repair in the West Wing and Hallway as
described in the Technical Specifications, Section 1.7 Additional
Roof Repair (Option 4) FOB: Destination
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 N/A N/A N/A
Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government
0004 N/A N/A N/A Government 0005 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 330 dys. ADC 1 N/A FOB: Destination
0002 330 dys. ADC 1 N/A FOB: Destination
0003 330 dys. ADC 1 N/A FOB: Destination
0004 330 dys. ADC 1 N/A FOB: Destination
Maureen.HoeslyText BoxUAH with VATUAH without VAT
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N33191-13-R-1240
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0005 330 dys. ADC 1 N/A FOB: Destination
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N33191-13-R-1240
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Section 00100 - Bidding Schedule/Instructions to Bidders
INSTRUCTIONS TO BIDDERS
I. INSTRUCTIONS FOR PREPARATION OF PROPOSALS
1. GENERAL
Proposals shall be submitted electronically to Maureen Hoesly,
[email protected], on or before the time and date
specified in Block 13 of the SF1442. The submittal closing time and
receipt of proposals shall be established by the time on the
receiving Contract Specialist computer. The contractor is
responsible to verify Government receipt of proposals.
Proposals shall be submitted in English and sent in PDF format.
Size shall not exceed 5 megabytes.
ALL QUESTIONS CONCERNING THIS SOLICITATION SHALL BE ADDRESSED
TO
MAUREEN HOESLY VIA EMAIL AT [email protected]
2. SITE VISIT
A site visit and question and answer (Q&A) session will be
conducted on 5 September 2013 at 1400 Eastern European Summer Time
(EEST) at Sevastopol School #5 in Sevastopol, Ukraine. Potential
offerors are encouraged to attend the site visit to gain a better
understanding of site conditions. In no event shall failure to
attend the site visit constitute grounds for submitting a claim or
protest during the solicitation phase or after contract award.
Attendance to this site visit is not mandatory or a pre-requisite
to submitting a proposal in response to the request for proposal.
All questions and answers addressed at the site visit must be
submitted in writing and will be posted to Federal Business
Opportunities for all potential offerors.
For more information on attending the Site Visit, please contact
Ms. Lyudmyla Kyrylenko at [email protected] or
telephone +38 044-4941945.
3. REQUIRED PROPOSAL DOCUMENTS
To be found responsible, the contractor shall submit all of the
following requested items:
A) Standard Form 1442, Solicitation, Offer, and Award - Offeror
MUST complete blocks 14 through 20c. In block 14 please include a
Point of Contact with
a valid phone number and email address. Offerors shall provide
an NCAGE in Block 14.
B) REPRESENTATIONS AND CERTIFICATIONS Section 0600
Representations and Certifications - The Offeror MUST sign and
acknowledge the representations and certifications applicable to
this
procurement in Section 00600 Representations and
Certifications
C) PRICE PROPOSAL Section 00010 Solicitation Contract Form,
Pricing Schedule
Solicitation Submittal Requirements: Offeror MUST fill out the
Unit Price and Amount for CLINs 0001 0005. The amounts shall be the
total amount to complete the design and construction. For
evaluation purposes, all proposals shall be submitted and priced in
local currency, Ukrainian Hryvnia EXCLUSIVE of VAT. Offerors shall
ALSO provide a price proposal inclusive of VAT. Award will be in
Ukrainian Hryvnia,
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N33191-13-R-1240
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inclusive of VAT. If the successful offerors bank does not
accept Ukrainian Hryvnia, it must accept US Dollars. If award is
made in USD, the awarded amount will be made using the spot
exchange rate the date the solicitation closes.
Basis of Evaluation: The Government will evaluate price based on
the total price, exclusive of VAT. Total price consists of the
basic requirements and all option items (see Section B of the
solicitation). The Government intends to evaluate all options and
has included the provision FAR 52.217-5, Evaluation of Options (JUL
1990) in Section M of the solicitation. In accordance with FAR
52.217-5, Evaluation of Options will not obligate the Government to
exercise the option(s). Analysis will be performed by one or more
of the following techniques to ensure a fair and reasonable
price:
(i) Comparison of proposed prices received in response to the
RFP. (ii) Comparison of proposed prices with the IGCE. (iii)
Comparison of proposed prices with available historical
information. (iv) Comparison of market survey results.
D) TECHNICAL PROPOSAL
The Technical Proposal shall include the following 3
factors:
Factor 1, Corporate Experience:
Solicitation Submittal Requirements: The offeror shall provide a
minimum of two (2) to a maximum of five (5) relevant contracts for
which the offeror was the prime contractor, sub-contractor or Joint
Venture partner. Relevant contracts must:
- Be similar in scope and complexity, which includes the design
and construction activities for an education facility;
- Demonstrate similarity in magnitude with a value over
$200,000.00; - Performed within the last 5 years at the date of
issuance of this RFP; AND - Must be at least 70% complete at the
date of issuance of this RFP.
Relevant contracts must show experience in both design and
construction in submitted projects in order to be considered
acceptable for this factor.
Use the Contract Data Sheet (Attachment 2) to submit projects.
In lieu of the Contract Data Sheet, offerors can provide relevant
project information documentation separately. Whether submitted on
the Contract Data Sheet or as separate documentation, project
descriptions for each project shall explain the detailed scope of
work performed and the relevancy to the project requirements of
this RFP. Offerors must include sufficient information in their
proposal to establish the relevancy of their submitted
projects.
- All projects submitted that are outside of the specified
period will not be considered relevant. - Proposals that fail to
provide all requested data, an accessible point of contact, or
correct phone/fax
numbers may result in the project not being evaluated or the
project being found not relevant.
A project is defined as a construction project performed under a
single task order or contract. For multiple award and indefinite
delivery/indefinite quality type contracts, the contract as a whole
should not be submitted as a project and if submitted will not be
evaluated; rather, offerors should submit the work performed under
a task order as a project.
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If the offeror is a Joint Venture (JV), relevant project
experience should be submitted for projects completed by the Joint
Venture entity. If the Joint Venture does not have shared
experience, projects should be submitted for each Joint Venture
partner. Offerors are still limited to a total of 5 projects
combined.
Basis of Evaluation: To receive an acceptable rating in this
factor, the offeror must demonstrate experience performing at least
two (2) relevant projects as defined in the solicitation submittal
requirements. The assessment of the offerors relevant experience
will be used as a means of evaluating the capability of the offeror
to successfully meet the requirements of the RFP. The Government
will review a maximum of 5 projects. An offeror will be rated
UNACCEPTABLE if the offerer does not submit the minimum number of
relevant projects (2). Any projects submitted in excess of the 5
for Corporate Experience will not be considered.
Factor 2, Safety:
Solicitation Submittal Requirements: The offeror MUST provide a
narrative describing the overall contract specific safety plan.
Offerors shall also describe the procedures which will be
implemented to ensure compliance and understanding of applicable
Ukrainian safety laws and regulations and to provide for a safe
construction site. At a minimum, the safety narrative shall address
the following:
- Experience and qualifications of the Site Health and Safety
Officer (full-time, on-site) - Type of scaffolding to be used -
Personal protective equipment for workers
The maximum number of pages allowed is two (2) single-sided
pages, 8.5 x11, with a minimum of 12 font. If more than two (2)
pages are submitted, only the first two (2) pages will be
evaluated. The successful offeror will be required to provide an
Accident Prevention Plan upon contract award (template provided in
the Technical Specifications).
Basis of Evaluation: To receive an acceptable rating in this
factor, the submitted safety narrative must address the minimum
requirements listed above. Offerors who submit a plan that address
these requirements will be rated ACCEPTABLE.
Factor 3, Past Performance:
Solicitation Submittal Requirements: The offeror shall provide
any past performance evaluations for design and construction
projects for an education facility performed within the last 5
years of the date of issuance of this RFP and at least 70% complete
at the date of issuance of this RFP, with a minimum value of
$200,000.00.
Whether a Past Performance Questionnaire (PPQ) (Attachment C),
or separate past performance information documentation is submitted
ensure correct phone numbers and email addresses are provided for
the client point of contact. Failure of references to be able to
respond to past performance inquiries may preclude the evaluators
ability to assign a past performance rating of acceptable. If the
client requests, questionnaires or
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N33191-13-R-1240
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separate past performance documentation may be submitted
directly to the Governments point of contact, Ms. Maureen Hoesly at
[email protected]
For all of the contracts, offerors may include performance
recognition documents such as awards, customer letters of
commendation, and any other forms of performance recognition, if
available. If the evaluation is in other than English, provide a
translation of the evaluation into English.
The Government may review any other sources of information for
evaluating past performance. Sources may include, but are not
limited to, past performance information retrieved through the Past
Performance Information Retrieval System (PPIRS) using all
CAGE/DUNS numbers of team members (partnership, joint venture,
teaming arrangement, or parent company/subsidiary/affiliate)
identified in the offerors proposal, inquiries of owner
representative(s), and any other known sources not provided by the
offeror.
While the Government may elect to consider data from other
sources, the burden of providing detailed, current, accurate and
complete past performance information rests with the offeror.
Basis of Evaluation: The past performance evaluation is an
assessment of the offerors probability of meeting the minimum past
performance solicitation requirements. This assessment is based on
the offerors record of relevant and recent past performance
information that pertain to the products and/or services outlined
in the solicitation requirements. There are two aspects of the past
performance evaluation.
The first aspect of evaluation is whether the offerors present /
past performance is relevant or not relevant to the effort to be
acquired. For purposes of this evaluation, a relevant project is
further defined as described in solicitation submittal requirements
for Factor 3, Past Performance.
The second aspect of the past performance evaluation is to
determine how well the contractor performed on the contracts. The
past performance evaluation performed in support of a current
source selection does not establish, create, or change the existing
record and history of the offerors past performance on past
contracts; rather, the past performance evaluation process gathers
information from customers on how well the offeror performed those
past contracts.
The Government will consider the currency and relevance of the
information, the source of the information, context of the data,
and general trends in the Contractors performance. This evaluation
is separate and distinct from the Contracting Officers
responsibility determination. The assessment of the Offerors past
performance will be used as a means of evaluating the Offerors
probability to successfully meet the requirements of the RFP.
The Government will also evaluate the degree to which past
performance evaluations and all other past performance information
reviewed by the Government (e.g., PPIRS, Federal Awardee
Performance and Integrity information System (FAPIIS), Electronic
Subcontract Reporting System (eSRS), performance recognition
documents, and information obtained from any other source) reflect
a trend of satisfactory performance considering:
- successful completion of tasks; - deliverables that are timely
and of good quality; - cooperativeness and teamwork with the
Government at all levels (task managers, contracting
officers, auditors, etc.) - recency of tasks performed that are
identical to, similar to, or related to the task at hand; and - a
respect for stewardship of Government funds
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In the case of an offeror without a record of relevant past
performance or for whom information on past performance is not
available or so sparse that no meaningful past performance rating
can be reasonably assigned, the offeror may not be evaluated
favorably or unfavorably on past performance. Therefore, the
offeror shall be determined to have unknown past performance. In
the context of acceptability/unacceptability unknown shall be
considered acceptable.
If an offeror has recent negative past performance (within the
last 5 years), offerors are authorized to provide information on
problems encountered on the identified contracts and the offeror
corrective actions. The Government shall consider this information,
as well as information obtained from any other sources, when
evaluating the offeror past performance. The source selection
authority shall determine the relevance of similar past performance
information.
THE SOLICITATION WILL RESULT IN THE AWARD OF ONE (1) FIRM-FIXED
PRICE CONTRACT TO ONE (1) SUCCESSFUL CONTRACTOR OFFERING THE LOWEST
PRICE TECHNICALLY ACCEPTABLE OFFEROR.
An overall non-price factors rating must be at least ACCEPTABLE
in order to be eligible for award. An UNACCEPTABLE rating in any
factor results in the overall non-price factors proposal being
rated UNACCEPTABLE unless corrected through discussions. An overall
non-price factors rating of UNACCEPTABLE makes a proposal
ineligible for award.
In accordance with FAR 9.104-3, the Contracting Officer shall
require acceptable evidence of the prospective contractors ability
to obtain required resources and be determined responsible. If the
Contracting Officer determines the lowest price technically
acceptable offeror to not be responsible, the Government reserves
the right to award to the next responsible, lowest price
technically acceptable offeror. The Government may award to the
lowest price technically acceptable offeror without
discussions.
In accordance with NFAS, the number of proposals to be evaluated
for technical acceptability may be limited to the five lowest
priced offers at the discretion of the contracting officer. If the
number of proposals to be evaluated is limited, technical proposals
shall be provided to the evaluator(s) without any identification of
prices or any rank order of prices. If no proposals are found to be
technically acceptable within the first group of proposals, then
the process described will be conducted again as many times as
necessary, until such time as the Government identifies a
technically acceptable proposal.
II. REQUIREMENTS FOR OFFERORS
DUNS, NCAGE AND SAM REGISTRATION
The Government requires an offeror to have a current DUNS
number, NCAGE code, and register in the System for Award Management
(SAM) prior to award of a contract with the US Government. It is
the responsibility of the offeror to comply and register. If you
currently do not have a DUNS, NCAGE, or SAM registration,
information is provided below to assist you. Offerors must provide
a Dun and Bradstreet (DUNS) number and NCAGE code when submitting
proposals.
If you do not already have a DUNS or NCAGE code the following
instructions are given:
DUNS: Please take these steps to receive a DUNS number:
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1. Go to http://fedgov.dnb.com/webform 2. Click "Begin DUNS
Search" 3. Choose your country and fill out a short form. 4. Dun
& Bradstreet will list up to 3 matches. If your entity is not
listed, choose "request new DUNS" and continue from there. Dun
& Bradstreet generally responds to each webform submittal
within 24-48 hours.
SAM: To create an account and access SAM as a new user: 1. Go to
https://www.sam.gov 2. Click on Create User Account 3. Complete the
requested information, and then click Submit/Create. 4. Select
Individual User Account. 5. You will receive an email confirming
you have created a user account in SAM. You can now register an
entity, search For Official Use Only (FOUO) information, and (if
you are a designated government official) enter exclusions into the
system.
To register in SAM as an entity: 1. Login to SAM with your user
ID and password (received after completing the steps above) 2.
Gather all of the required information needed to complete your
registration. 3. Click on "Register New Entity" from the left side
navigation pane. 4. Complete and submit the online registration. It
is estimated that it will take approximately 30 minutes to complete
registration if you already have all the necessary information on
hand, depending upon the size and complexity of your entity. 5. You
will receive an email confirming that your registration is in
process. Note that new registrations can take an average of 7-10
business days to process in SAM. SAM must send out some information
for validation with outside parties before your registration can be
activated.
Required information for SAM registration:
Your Data Universal Numbering System (DUNS) number from Dun
& Bradstreet, and the name and address associated with that
DUNS
Your Taxpayer Identification Number and the name associated with
that TIN (from your W-2 or W-9)
Your Contractor and Government Entity (CAGE) Code (or NCAGE), if
you already have one (if you don't, one will be assigned to you
during registration)
Your Electronic Funds Transfer information, such as your
financial institution's ABA Routing Number and your account number,
along with the bank phone or fax number
**Please contact the Federal Service Help Desk at
https://www.fsd.gov/app/sam/ if you have any questions during the
registration process**
The DUNS and NCAGE numbers must be indicated on the SF 1442 in
the same block as your company name.
ENGLISH SPEAKING REPRESENTATIVE At all times when any
performance of the work at the site is being conducted by any
employee of the Contractor or his subcontractors, the Contractor
shall have a representative present on the site who is capable of
explaining the work operations and receiving instruction in the
English language. The Contracting Officer shall have the right to
determine without appeal of such decision, whether the proposed
representative has sufficient technical and lingual capabilities
and the Contactor shall immediately replace any individual not
acceptable to the Contracting Officer.
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JOINT VENTURE REQUIREMENTS Joint Venture Offerors shall furnish
with their proposal a notarized legal document that establishes the
Joint Venture. The Joint Venture Agreement shall take effect upon
the submission of the proposal and remain irrevocable until one (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) Solicitation number (d)
Description of the responsibilities in terms of work category for
each partner (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.
The U.S. Government reserves the right to review the actual
Joint Venture agreement to determine its basis and compliance with
the applicable laws. Any internal agreements affecting the internal
composition of the existing Joint Venture and its potential
liabilities in relation to the contract (bonds, insurance, etc)
will be sent to the Contracting Officer to provide notice of the
same. Any change in the composition of the Joint Venture will
require the Joint Venture to formally request a Novation Agreement
in accordance with FAR 42.12, which will be approved/disapproved at
the discretion of the Contracting Officer.
ATTACHMENTS
Attachment 1: Performance Technical Specification and Statement
of Work Attachment 2: Contract Data Sheet Attachment 3: Past
Performance Questionnaire (PPQ) Attachment 4: Submittal Checklist
(No submittal required with the proposal. For information only)
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Section 00600 - Representations & Certifications
REPS & CERTS CERTIFICATION REGARDING ACCEPTANCE OF SPECIFIC
PROVISIONS OF THE CONTRACT
The Contractor hereby acknowledges that is has read and accepts
the following clauses contained in FAR 52.204-8 Representations and
Certifications (May 2012) that are applicable to this
procurement.
52.203-2 Certificate of Independent Price Determination (Apr
1985)
52.203-11 Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions (Sep 2007)
52.209-5 Certification Regarding Responsibility Matters (Apr
2010)
52.222-38, Compliance with Veterans' Employment Reporting
Requirements (Sep 2010)
52.225-20 Prohibition on Conducting Restricted Business
Operations in SudanCertification (Aug 2009)
52.225-25 Prohibition on Contracting with Entities Engaging in
Sanctioned Activities Relating to Iran--Representation and
Certification (Dec 2012)
Date Contractor Signature
CLAUSES INCORPORATED BY REFERENCE
52.204-8 Annual Representations and Certifications JUL 2013
252.203-7005 Representation Relating to Compensation of Former
DoD
Officials NOV 2011
252.204-7007 Alternate A, Annual Representations and
Certifications MAY 2013 252.209-7001 Disclosure of Ownership or
Control by the Government of a
Terrorist Country JAN 2009
Maureen.HoeslyText Box
Maureen.HoeslyText Box
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Section 00700 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JAN 2012 52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7
Anti-Kickback Procedures OCT 2010 52.203-8 Cancellation,
Rescission, and Recovery of Funds for Illegal
or Improper Activity JAN 1997
52.203-10 Price Or Fee Adjustment For Illegal Or Improper
Activity JAN 1997 52.203-12 Limitation On Payments To Influence
Certain Federal
Transactions OCT 2010
52.204-7 System for Award Management JUL 2013 52.204-13 System
for Award Management Maintenance JUL 2013 52.211-13 Time Extensions
SEP 2000 52.214-34 Submission Of Offers In The English Language APR
1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN
2004 52.217-4 Evaluation Of Options Exercised At The Time Of
Contract
Award JUN 1988
52.217-5 Evaluation Of Options JUL 1990 52.222-1 Notice To The
Government Of Labor Disputes FEB 1997 52.222-50 Combating
Trafficking in Persons FEB 2009 52.223-6 Drug-Free Workplace MAY
2001 52.223-18 Encouraging Contractor Policies To Ban Text
Messaging
While Driving AUG 2011
52.228-3 Worker's Compensation Insurance (Defense Base Act) APR
1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013
52.232-5 Payments under Fixed-Price Construction Contracts SEP 2002
52.232-23 Assignment Of Claims JAN 1986 52.232-27 Prompt Payment
for Construction Contracts JUL 2013 52.232-33 Payment by Electronic
Funds Transfer--System for Award
Management JUL 2013
52.232-36 Payment by Third Party JUL 2013 52.233-2 Service Of
Protest SEP 2006 52.236-5 Material and Workmanship APR 1984
52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection
of Existing Vegetation, Structures, Equipment,
Utilities, and Improvements APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984
52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV
1991 52.236-15 Schedules for Construction Contracts APR 1984
52.236-17 Layout of Work APR 1984 52.236-21 Alt I Specifications
and Drawings for Construction (Feb 1997) -
Alternate I APR 1984
52.236-26 Preconstruction Conference FEB 1995 52.236-28
Preparation of Proposals--Construction OCT 1997 52.242-13
Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-1
Changes--Fixed Price AUG 1987 52.246-1 Contractor Inspection
Requirements APR 1984 52.246-12 Inspection of Construction AUG
1996
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52.246-13 Inspection--Dismantling, Demolition, or Removal of
Improvements
AUG 1996
52.247-34 F.O.B. Destination NOV 1991 52.247-63 Preference For
U.S. Flag Air Carriers JUN 2003 52.247-64 Alt II Preference for
Privately Owned U.S. - Flag Commercial
Vessels (Apr 2003) - Alternate II FEB 2006
52.248-3 Value Engineering-Construction OCT 2010 52.249-2 Alt I
Termination for Convenience of the Government (Fixed-
Price) (Apr 2012) - Alternate I SEP 1996
52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1
Computer Generated Forms JAN 1991 252.201-7000 Contracting
Officer's Representative DEC 1991 252.203-7000 Requirements
Relating to Compensation of Former DoD
Officials SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other
Defense-Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower
Rights JAN 2009 252.204-7003 Control Of Government Personnel Work
Product APR 1992 252.204-7004 Alt A System for Award Management
Alternate A MAY 2013 252.209-7004 Subcontracting With Firms That
Are Owned or Controlled By
The Government of a Terrorist Country DEC 2006
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN
1997 252.223-7004 Drug Free Work Force SEP 1988 252.225-7041
Correspondence in English JUN 1997 252.225-7042 Authorization to
Perform APR 2003 252.225-7044 Balance of Payments
Program--Construction Material JUN 2012 252.227-7022 Government
Rights (Unlimited) MAR 1979 252.227-7023 Drawings and Other Data to
become Property of Government MAR 1979 252.227-7033 Rights in Shop
Drawings APR 1966 252.229-7000 Invoices Exclusive of Taxes or
Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN
1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001
Choice of Law (Overseas) JUN 1997 252.236-7000 Modification
Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings,
and Specifications AUG 2000 252.243-7001 Pricing Of Contract
Modifications DEC 1991 252.247-7023 Alt III Transportation of
Supplies by Sea (JUN 2013) Alternate III MAY 2002
CLAUSES INCORPORATED BY FULL TEXT
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR
1984)
The Contractor shall be required to (a) commence work under this
contract within 15 calendar days after the date the Contractor
receives the notice to proceed, (b) prosecute the work diligently,
and (c) complete the entire work ready for use not later than 300
calendar days after contract award.
*The Contracting Officer shall specify either a number of days
after the date the contractor receives the notice to proceed, or a
calendar date.
(End of clause)
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52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time
specified in the contract, the Contractor shall pay liquidated
damages to the Government in the amount of $200.00 for each
calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to
proceed, liquidated damages will continue to accrue until the work
is completed. These liquidated damages are in addition to excess
costs of repurchase under the Termination clause.
(End of clause)
52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE
ITEM (MAR 1989)
The Government may require the delivery of the numbered line
item, identified in the Schedule as an option item, in the quantity
and at the price stated in the Schedule. The Contracting Officer
may exercise the option by written notice to the Contractor within
250 calendar days after contract award. Delivery of added items
shall continue at the same rate that like items are called for
under the contract, unless the parties otherwise agree.
(End of clause)
52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF
ELECTRONIC FUNDS TRANSFER INFORMATION (JULY 2013)
(a) As provided in paragraph (b) of the clause at 52.232-34,
Payment by Electronic Funds Transfer--Other than System for Award
Management, the Government has designated the office cited in
paragraph (c) of this clause as the office to receive the
Contractor's electronic funds transfer (EFT) information, in lieu
of the payment office of this contract.
(b) The Contractor shall send all EFT information, and any
changes to EFT information to the office designated in paragraph
(c) of this clause. The Contractor shall not send EFT information
to the payment office, or any other office than that designated in
paragraph (c). The Government need not use any EFT information sent
to any office other than that designated in paragraph (c).
(c) Designated Office:
Name:
NAVFAC EURAFSWA
Mailing Address:
PSC 817 Box 51 FPO AE 09622-0051
Telephone Number:
+39 081 568 7723
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Person to Contact:
Ms. Maureen Hoesly
Electronic Address:
[email protected]
(End of clause)
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
The Contractor shall perform on the site, and with its own
organization, work equivalent to at least 50 percent of the total
amount of work to be performed under the contract. This percentage
may be reduced by a supplemental agreement to this contract if,
during performing the work, the Contractor requests a reduction and
the Contracting Officer determines that the reduction would be to
the advantage of the Government.
(End of clause)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
(a) In addition to any other warranties in this contract, the
Contractor warrants, except as provided in paragraph (i) of this
clause, that work performed under this contract conforms to the
contract requirements and is free of any defect in equipment,
material, or design furnished, or workmanship performed by the
Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the
date of final acceptance of the work. If the Government takes
possession of any part of the work before final acceptance, this
warranty shall continue for a period of 1 year from the date the
Government takes possession.
(c) The Contractor shall remedy at the Contractor's expense any
failure to conform, or any defect. In addition, the Contractor
shall remedy at the Contractor's expense any damage to
Government-owned or controlled real or personal property, when that
damage is the result of--
(1) The Contractor's failure to conform to contract
requirements; or
(2) Any defect of equipment, material, workmanship, or design
furnished.
(d) The Contractor shall restore any work damaged in fulfilling
the terms and conditions of this clause. The Contractor's warranty
with respect to work repaired or replaced will run for 1 year from
the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor, in
writing, within a reasonable time after the discovery of any
failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or
damage within a reasonable time after receipt of notice, the
Government shall have the right to replace, repair, or otherwise
remedy the failure, defect, or damage at the Contractor's expense.
(g) With respect to all warranties, express or implied, from
subcontractors, manufacturers, or suppliers for work performed and
materials furnished under this contract, the Contractor shall--
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(1) Obtain all warranties that would be given in normal
commercial practice;
(2) Require all warranties to be executed, in writing, for the
benefit of the Government, if directed by the Contracting Officer;
and
(3) Enforce all warranties for the benefit of the Government, if
directed by the Contracting Officer.
(h) In the event the Contractor's warranty under paragraph (b)
of this clause has expired, the Government may bring suit at its
expense to enforce a subcontractor's, manufacturer's, or supplier's
warranty.
(i) Unless a defect is caused by the negligence of the
Contractor or subcontractor or supplier at any tier, the Contractor
shall not be liable for the repair of any defects of material or
design furnished by the Government nor for the repair of any damage
that results from any defect in Government-furnished material or
design.
(j) This warranty shall not limit the Government's rights under
the Inspection and Acceptance clause of this contract with respect
to latent defects, gross mistakes, or fraud.
(End of clause)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
This solicitation incorporates one or more solicitation
provisions by reference, with the same force and effect as if they
were given in full text. Upon request, the Contracting Officer will
make their full text available. The offeror is cautioned that the
listed provisions may include blocks that must be completed by the
offeror and submitted with its quotation or offer. In lieu of
submitting the full text of those provisions, the offeror may
identify the provision by paragraph identifier and provide the
appropriate information with its quotation or offer. Also, the full
text of a solicitation provision may be accessed electronically at
this/these address(es):
http://farsite.hill.af.mil
(End of provision
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE
CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)
(a) Definition. United States, as used in this clause, means,
the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the
Contractor and its subcontractors, if performing or traveling
outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if
the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are
U.S. nationals and are in-country on a non-transitory basis,
register with the U.S. Embassy, and that Contractor and
subcontractor personnel who are third country nationals comply with
any security related requirements of the Embassy of their
nationality;
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(3) Provide, to Contractor and subcontractor personnel,
antiterrorism/force protection awareness information commensurate
with that which the Department of Defense (DoD) provides to its
military and civilian personnel and their families, to the extent
such information can be made available prior to travel outside the
United States; and
(4) Obtain and comply with the most current antiterrorism/force
protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any
subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign
government.
(d) Information and guidance pertaining to DoD
antiterrorism/force protection can be obtained from Naval Criminal
Investigative Service (NCIS)
(End of clause)
252.229-7001 TAX RELIEF (JUN 1997)
(a) Prices set forth in this contract are exclusive of all taxes
and duties from which the United States Government is exempt by
virtue of tax agreements between the United States Government and
the Contractor's government. The following taxes or duties have
been excluded from the contract price:
NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror
Insert)
(b) The Contractor's invoice shall list separately the gross
price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government
specifications are being acquired, the Contractor shall identify
the materials or components intended to be imported in order to
ensure that relief from import duties is obtained. If the
Contractor intends to use imported products from inventories on
hand, the price of which includes a factor for import duties, the
Contractor shall ensure the United States Government's exemption
from these taxes. The Contractor may obtain a refund of the import
duties from its government or request the duty-free import of an
amount of supplies or components corresponding to that used from
inventory for this contract.
(End of clause)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
(a) The amount of any request for equitable adjustment to
contract terms shall accurately reflect the contract adjustment for
which the Contractor believes the Government is liable. The request
shall include only costs for performing the change, and shall not
include any costs that already have been reimbursed or that have
been separately claimed. All indirect costs included in the request
shall be properly allocable to the change in accordance with
applicable acquisition regulations.
(b) In accordance with 10 U.S.C. 2410(a), any request for
equitable adjustment to contract terms that exceeds the simplified
acquisition threshold shall bear, at the time of submission, the
following certificate executed by an individual authorized to
certify the request on behalf of the Contractor:
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I certify that the request is made in good faith, and that the
supporting data are accurate and complete to the best of my
knowledge and belief.
----------------------------------------------------------------------
(Official's Name)
----------------------------------------------------------------------
(Title)
(c) The certification in paragraph (b) of this clause requires
full disclosure of all relevant facts, including--
(1) Certified cost or pricing data if required in accordance
with subsection 15.403-4 of the Federal Acquisition Regulation
(FAR); and
(2) Data other than certified cost or pricing data, in
accordance with subsection 15.403-3 of the FAR, including actual
cost data and data to support any estimated costs, even if
certified cost or pricing data are not required.
(d) The certification requirement in paragraph (b) of this
clause does not apply to----
(1) Requests for routine contract payments; for example,
requests for payment for accepted supplies and services, routine
vouchers under a cost-reimbursement type contract, or progress
payment invoices; or
(2) Final adjustment under an incentive provision of the
contract.
5252.201-9300 CONTRACTING OFFICER AUTHORITY (JUN 1994)
In no event shall any understanding or agreement between the
Contractor and any Government employee other than the Contracting
Officer on any contract, modification, change order, letter or
verbal direction to the Contractor be effective or binding upon the
Government. All such actions must be formalized by a proper
contractual document executed by an appointed Contracting Officer.
The Contractor is hereby put on notice that in the event a
Government employee other than the Contracting Officer directs a
change in the work to be performed, it is the Contractors
responsibility to make inquiry of the Contracting Officer before
making the deviation. Payments will not be made without being
authorized by an appointed Contracting Officer with the legal
authority to bind the Government.
5252.209-9300 ORGANIZATIONAL CONFLICTS OF INTEREST (JUN
1994)
(a) The restrictions described herein shall apply to the
Contractor and its affiliates, consultants and subcontracts under
this contract. If the Contractor under this contract prepares or
assists in preparing a statement of work, specifications and plans,
the Contractor and its affiliates shall be ineligible to bid or
participate, in any capacity, in any contractual effort which is
based on such statement of work or specifications and plans as a
prime contractor, subcontractor, consultant or in any similar
capacity. The Contractor shall not incorporate its products or
services in such statement of work or specification unless so
directed in writing by the Contracting Officer, in which case the
restriction shall not apply. This contract shall include this
clause in its subcontractor's or consultants' agreements concerning
the performance of this contract.
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5252.236-9303 ACCIDENT PREVENTION (NOV 1998)
(a) The Contractor will maintain an accurate record of, and will
report to the Contracting Officer in the manner and on the forms
prescribed by the Contracting Officer, all accidents resulting in
death, traumatic injury, occupational disease, and damage to
property, materials, supplies and equipment incident to work
performed under this contract.
(b) Compliance with the provisions of this article by
subcontractors will be the responsibility of the Contractor.
(c) Prior to commencement of the work, the Contractor may be
required to: (1) submit in writing his proposals for effectuating
provision for accident prevention; (2) meet in conference with
representatives of the Contracting Office to discuss and develop
mutual
understandings relative to administration of the overall safety
program
5252.236-9310 RECORD DRAWINGS (OCT 2004)
The Contractor shall maintain at the job site two sets of
full-size prints of the contract drawings, accurately marked in red
with adequate dimensions, to show all variations between the
construction actually provided and that indicated or specified in
the contract documents, including buried or concealed construction.
Special attention shall be given to recording the horizontal and
vertical location of all buried utilities that differ from the
final government-accepted drawings. Existing utility lines and
features revealed during the course of construction, shall also be
accurately located and dimensioned. Variations in the interior
utility systems shall be clearly defined and dimensioned; and
coordinated with exterior utility connections at the building
five-foot line, where applicable. Existing topographic features
which differ from those shown on the contract drawings shall also
be accurately located and recorded. Where a choice of materials or
methods is permitted herein, or where variations in scope or
character of methods is permitted herein, or where variations in
scope or character of work from that of the original contract are
authorized, the drawings shall be marked to define the construction
actually provided. The representations of such changes shall
conform to standard drafting practice and shall include such
supplementary notes, legends, and details as necessary to clearly
portray the as-built construction. These drawings shall be
available for review by the Contracting Officer at all times. Upon
completion of the work, both sets of the marked up prints shall be
certified as correct, signed by the Contractor, and delivered to
the Contracting Officer for his approval before acceptance.
Requests for partial payments will not be approved if the marked
prints are not kept current, and request for final payment will not
be approved until the marked prints are delivered to the
Contracting Officer. (End of clause)
5252.242-9300 GOVERNMENT REPRESENTATIVES (OCT 1996)
(a) The contract will be administered by an authorized
representative of the Contracting Officer. In no event, however,
will any understanding or agreement, modification, change order, or
other matter deviating from the terms of the contract between the
Contractor and any person other than the Contracting Officer be
effective or binding upon the Government, unless formalized by
proper contractual documents executed by the Contracting Officer
prior to completion of this contract. The authorized representative
as indicated hereinafter: _X_(1) The Contracting Officers
Representative (COR) will be designated by the Contracting Officer
as the authorized representative of the Contracting Officer. The
COR is responsible for monitoring performance and the technical
management of the effort required hereunder, and should be
contacted regarding questions or problems of a technical
nature.
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_X_(2) The designated Contract Specialist will be the
Administrative Contracting Officer's representative on all other
contract administrative matters. The Contract Specialist should be
contacted regarding all matters pertaining to the contract or
task/delivery orders. ___(3) The designated Property Administrator
is the Administrative Contracting Officer's representative on
property matters. The Property Administrator should be contacted
regarding all matters pertaining to property administration.
5252.242-9305 PRE-PERFORMANCE CONFERENCE (JUL 1995 )
Within 15 days of contract award, prior to commencement of the
work, the Contractor will meet in conference with representatives
of the Contracting Officer, at a time to be determined by the
Contracting Officer, to discuss and develop mutual understanding
relative to scheduling and administering work.
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Section 00800 - Special Contract Requirements