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ACQR4350059 IDIQ MACC for DBB and DB Construction Projects at CFAS, Japan. Contract for Medium Magnitude Projects is referred to as a "Regular MACC" based on the individual task orders ordering limitation amounts of betw een JPY 15,000,000 and JPY 500,000,000 in accordance w ith the FAR clause entitled "52.216-19 Order Limitation" in the RFP and resultant MACC Contracts. A. Proposal Documents (1) Section 00010 – Solicitation Contract Form; (2) Section 00100 – Bidding Schedule/Instructions to Bidders; (3) Section 00600 – Representations and Certifications; (4) Section 00700 – Contract Clauses; (5) Section 00800 – Special Contract Requirements B. Standard Form (SF) 1442 Attachments: (A) NAVFAC Specification: Project Title - REG MACC; (B) - (F) Seed Project, Project#1395528; (G) Construction & Design Experience Data Sheet; (H) Past Performance Questionnaire; (I) Notice and Tax Exemption Form; (J) Pre-Proposal Inquiry Form; (K) Base Acces Request Form C. The Government does not intend to respond to inquiries submitted less than 10 calendar days before the proposal closing date and time (Japan Standard Time). In the event the due date falls on a w eekend or a U.S. Government holiday, the due date shall become the next normal business day for the U.S. Government. HIROKAZU TOYOFUKU 252-2395 NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS NEGOTIATED 19-Dec-2016 (RFP) (IFB) X CALL: B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) See Item 7 2. TYPE OF SOLICITATION SEALED BID 3. DATE ISSUED 9. FOR INFORMATION A. NAME SOLICITATION X NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85) Prescribed by GSA FAR (48 CFR) 53.236-1(e) 11. The Contractor shall begin performance w ithin _______ 15 calendar days and complete it w ithin ________ 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.) X YES NO 13. ADDITIONAL SOLICITATION REQUIREMENTS: A. Sealed offers in original and __________ 4 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________ 24 Jan 2017 (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 offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. D. Offers providing less than _______ 180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected. SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) 1. SOLICITATION NO. IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. 4. CONTRACT NO. 7. ISSUED BY CODE NAVFAC FAR EAST FEAD SASEBO PSC 476 BOX 66 FPO AP 96322-1160 N40084 PAGE OF PAGES 1 OF CODE (Title, identifying no., date): .) 12B. CALENDAR DAYS 15 12:00 PM (hour) Sealed envelopes containing offers 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO. 8. ADDRESS OFFER TO (If Other Than Item 7) FAX: TEL: TEL: FAX: N40084-17-R-6500 64

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  • ACQR4350059

    IDIQ MACC for DBB and DB Construction Projects at CFAS, Japan. Contract for Medium Magnitude Projects is referred to as a "Regular MACC" based on the individual task orders ordering limitation amounts of betw een JPY 15,000,000 and JPY 500,000,000 in accordance w ith the FAR clause entitled "52.216-19 Order Limitation" in the RFP and resultant MACC Contracts.

    A. Proposal Documents(1) Section 00010 – Solicitation Contract Form; (2) Section 00100 – Bidding Schedule/Instructions to Bidders; (3) Section 00600 – Representations and Certif ications; (4) Section 00700 – Contract Clauses; (5) Section 00800 – Special Contract Requirements

    B. Standard Form (SF) 1442 Attachments:(A) NAVFAC Specif ication: Project Title - REG MACC; (B) - (F) Seed Project, Project#1395528; (G) Construction & Design Experience Data Sheet; (H) Past Performance Questionnaire; (I) Notice and Tax Exemption Form; (J) Pre-Proposal Inquiry Form; (K) Base Acces Request Form

    C. The Government does not intend to respond to inquiries submitted less than 10 calendar days before the proposal closing date and time (Japan Standard Time). In the event the due date falls on a w eekend or a U.S. Government holiday, the due date shall become the next normal business day for the U.S. Government.

    HIROKAZU TOYOFUKU 252-2395

    NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

    10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

    NEGOTIATED19-Dec-2016

    (RFP)

    (IFB)

    X

    CALL:B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

    See Item 7

    2. TYPE OF SOLICITATION

    SEALED BID

    3. DATE ISSUED

    9. FOR INFORMATION A. NAME

    SOLICITATION

    X

    NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)Prescribed by GSAFAR (48 CFR) 53.236-1(e)

    11. The Contractor shall begin performance w ithin _______15 calendar days and complete it w ithin ________ 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.)

    X YES NO

    13. ADDITIONAL SOLICITATION REQUIREMENTS:

    A. Sealed offers in original and __________4 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________24 Jan 2017 (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 offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

    D. Offers providing less than _______180 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

    SOLICITATION, OFFER, AND AWARD

    (Construction, Alteration, or Repair)

    1. SOLICITATION NO.

    IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

    4. CONTRACT NO.

    7. ISSUED BY CODE

    NAVFAC FAR EASTFEAD SASEBOPSC 476 BOX 66FPO AP 96322-1160

    N40084

    PAGE OF PAGES

    1 OF

    CODE

    (Title, identifying no., date):

    .)

    12B. CALENDAR DAYS

    15

    12:00 PM (hour)Sealed envelopes containing offers

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

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

    FAX:TEL: TEL: FAX:

    N40084-17-R-6500 64

  • 20B. SIGNATURE

    (REV. 4-85)STANDARD FORM 1442 BACK

    TO SIGN

    NSN 7540-01-155-3212

    SOLICITATION, OFFER, AND AWARD (Continued)(Construction, Alteration, or Repair)

    CODE FACILITY CODE

    17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer 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

  • N40084-17-R-6500

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    Section 00010 - Solicitation Contract Form

    ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 49,900,000 Each Base Year Regular MACC

    FFP Indefinite Delivery / Indefinite Quantity (IDIQ) Multiple Award Construction Contract (MACC) for Design-Bid-Build (DBB) and Design-Build (DB) Construction Projects at U.S. Fleet Activities, Sasebo (CFAS), Japan. The Not-To-Exceed (NTE) amount for the life of all the MACC contract awards combined under Solicitation N4084-17-R-6500, including options, is $49,900,000.00; it is not the maximum value of each individual MACC contract. The option CLINs included in any resultant contract are for time only; the $49,900,000.00 NTE applies for the total potential period of performance of 5 years. Each Period (Base Period through Fourth Option Period) will be twelve months from date of award, or when the NTE amount is reached, whichever occurs first. The task order range is between JPY 15,000,000 and JPY 500,000,000 as indicated in FAR 52.216-19 Order Limitation clause included in the RFP. The seed project will be obligated through issuance of a task order under the Base Period CLIN 0001. The contract completion date for the Seed Project will be 440 days after task order award. Only the base period of the contract will offer a minimum guarantee. The minimum guarantee is JPY 500,000 per contract. A task order for the minimum guarantee will be issued concurrently with the award of the basic contract. The capacity for this requirement will be tracked using US Dollars obligated for task orders and modification at the time of execution. All contract and task order values shall be expressed in U.S. Dollars, however contractors will be paid in Japanese Yen. FOB: Destination PURCHASE REQUEST NUMBER: ACQR4350059

    NET AMT

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    ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 Each OPTION First Option Period Regular MACC

    FFP IDIQ MACC for DBB and DB Construction Projects at CFAS, Japan. The NTE amount for the life of all the MACC contract awards combined under Solicitation N4084-17-R-6500, including options, is $49,900,000.00; it is not the maximum value of each individual MACC contract. The Option CLINs included in any resultant contract are for time only; the $49,900,000.00 NTE applies for the total potential period of performance of 5 years. The task order range is between JPY 15,000,000 and JPY 500,000,000 First Option Period will be twelve months from date of award, or when the NTE amount is reached, whichever occurs first. The capacity for this requirement will be tracked using US Dollar obligated amount of task orders and modification at the time of execution. All contract and task order values shall be expressed in U.S. Dollars, however contractors will be paid in Japanese Yen. FOB: Destination PURCHASE REQUEST NUMBER: ACQR4350059

    NET AMT

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    ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 Each OPTION Second Option Period Regular MACC

    FFP IDIQ MACC for DBB and DB Construction Projects at CFAS, Japan. The NTE amount for the life of all the MACC contract awards combined under Solicitation N4084-17-R-6500, including options, is $49,900,000.00; it is not the maximum value of each individual MACC contract. The Option CLINs included in any resultant contract are for time only; the $49,900,000.00 NTE applies for the total potential period of performance of 5 years. The task order range is between JPY 15,000,000 and JPY 500,000,000 Second Option Period will be twelve months from date of award, or when the NTE amount is reached, whichever occurs first. The capacity for this requirement will be tracked using US Dollar obligated amount of task orders and modification at the time of execution. All contract and task order values shall be expressed in U.S. Dollars, however contractors will be paid in Japanese Yen. FOB: Destination PURCHASE REQUEST NUMBER: ACQR4350059

    NET AMT

  • N40084-17-R-6500

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    ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 Each OPTION Third Option Period Regular MACC

    FFP IDIQ MACC for DBB and DB Construction Projects at CFAS, Japan. The NTE amount for the life of all the MACC contract awards combined under Solicitation N4084-17-R-6500, including options, is $49,900,000.00; it is not the maximum value of each individual MACC contract. The Option CLINs included in any resultant contract are for time only; the $49,900,000.00 NTE applies for the total potential period of performance of 5 years. The task order range is between JPY 15,000,000 and JPY 500,000,000 Third Option Period will be twelve months from date of award, or when the NTE amount is reached, whichever occurs first. The capacity for this requirement will be tracked using US Dollar obligated amount of task orders and modification at the time of execution. All contract and task order values shall be expressed in U.S. Dollars, however contractors will be paid in Japanese Yen. FOB: Destination PURCHASE REQUEST NUMBER: ACQR4350059

    NET AMT

  • N40084-17-R-6500

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    ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 Each OPTION Fourth Option Period Regular MACC

    FFP IDIQ MACC for DBB and DB Construction Projects at CFAS, Japan. The NTE amount for the life of all the MACC contract awards combined under Solicitation N4084-17-R-6500, including options, is $49,900,000.00; it is not the maximum value of each individual MACC contract. The Option CLINs included in any resultant contract are for time only; the $49,900,000.00 NTE applies for the total potential period of performance of 5 years. The task order range is between JPY 15,000,000 and JPY 500,000,000 Fourth Option Period will be twelve months from date of award, or when the NTE amount is reached, whichever occurs first. The capacity for this requirement will be tracked using US Dollar obligated amount of task orders and modification at the time of execution. All contract and task order values shall be expressed in U.S. Dollars, however contractors will be paid in Japanese Yen. FOB: Destination PURCHASE REQUEST NUMBER: ACQR4350059

    NET AMT

    SEED PROJECT Seed project: Repair Bldg. 5127 at Hario Housing Area, CFAS, Japan A task order for the seed project will be issued concurrently with the award of the basic contract to the contractor selected as the best value for the seed project. Offerors shall not submit a price for the Seed Project (Phase II) until requested by the Government. Offerors will receive a notification from the Government informing them that they will or will not be invited to submit a proposal for Phase II of the solicitation.

    ¥___________________ *Do not complete pricing until requested by the Government in Phase II of the evaluation.

  • N40084-17-R-6500

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    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 12 mths. ADC 49,900,000 NAVFAC FAR EAST

    FEAD SASEBO PSC 476 BOX 66 FPO AP 96322-1160 (315) 252-3469 FOB: Destination

    N40084

    0002 12 mths. ADC (SAME AS PREVIOUS LOCATION)

    FOB: Destination N40084

    0003 12 mths. ADC (SAME AS PREVIOUS LOCATION)

    FOB: Destination N40084

    0004 12 mths. ADC (SAME AS PREVIOUS LOCATION)

    FOB: Destination N40084

    0005 12 mths. ADC (SAME AS PREVIOUS LOCATION)

    FOB: Destination N40084

  • N40084-17-R-6500

    Page 9 of 64

    Section 00100 - Bidding Schedule/Instructions to Bidders SF1442 ATTACHMENTS 1. Standard Form (SF) 1442 Attachments

    Attachment A - Specification (16C1551816S_Sasebo) Attachment B - Seed Project Specification (17C#1395528S) Attachment C - Seed project Drawings (17C#1395528D) Attachment D - Architectural Reference Drawings (Ref_Draws_Arch) Attachment E - Electrical Reference (DrawingsRef_Draws_Elec) Attachment F - Mechanical Reference Drawings (Ref_Draws_Mech) Attachment G - Construction & Design Experience Project Data Sheet Attachment H - Past Performance Questionnaire Attachment I - NOTICE_and_Tax_Exemption_from_Japan Attachment J - Govt_PreProposal_Inquiry_Form Attachment K - Base_Aceess_Request_Form

    INSTRUCTIONS TO OFFERORS I. DESCRIPTION OF ACQUISITION

    1. This acquisition will result in the award of multiple Indefinite Delivery Indefinite Quantity (IDIQ) basic

    contracts using the Multiple Award Construction Contract (MACC) method for design-build (DB) and design-bid-build (DBB) construction projects at various locations at U.S. Naval Fleet Activities Sasebo (CFAS). Projects include shore and waterfront facility and built-in equipment project work classified as repair, construction, maintenance, equipment installation, sustainment, restoration / modernization and demolition. These contract will cover Medium Magnitude Projects and be referred to as a "Regular MACC" based on the individual task orders ordering limitation amounts of between JPY 15,000,000 and JPY 500,000,000 in accordance with the FAR clause entitled "52.216-19 Order Limitation" in the RFP and resultant MACC Contracts.

    2. The Government intends to award no more than five (5) contracts resulting from this solicitation to the

    responsible offerors whose proposals represent the best value after evaluation in accordance with the factors in the solicitation. The contract term will be a one (1) base period and four (4) one-year option periods for a total potential maximum period of performance of sixty (60) months.

    3. The Not-To-Exceed (NTE) amount for the life of all the MACC contract awards combined, including

    options, is $49,900,000.00; it is not the maximum value of each individual MACC contract. The CLINs included in any resultant contract are for time only; the $49,900,000.00 NTE applies for the total potential period of performance of 5 years. The NTE capacity for this requirement will be tracked using US Dollar obligated amount of task orders and modifications at the time of execution. All contract and task order values shall be expressed in U.S. Dollars, however contractors will be paid in Japanese Yen.

    4. The minimum guarantee for this IDIQ is JPY 500,000 per contract. The minimum guarantee only applies

    to the base period; it does not apply to any option period. A task order for the minimum guarantee will be issued concurrently with the award of the basic contract for the contractors awarded an IDIQ, but not awarded the seed project.

  • N40084-17-R-6500

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    5. There is one (1) “seed” project for this solicitation which will be awarded at the time of award of the IDIQ contracts. The one (1) seed project is as follows:

    Repair Bldg. 5127 at Hario Housing Area, CFAS, Japan

    A task order for the seed project will be issued concurrently with the award of the basic contract for the contractor selected as the best value for the seed project. In accordance with FAR 36.204, the magnitude of construction for the Seed Project is between $1,000,000 and $5,000,000 (between JPY 97,080,000 and JPY 485,400,000 based on the DeCA Exchange Rate of JPY 97.08 / $1). The Offeror with the best value proposal will be awarded the one (1) seed project. In accordance with FAR 52.211-10 Commencement, Prosecution, and Completion of Work, the contractor shall be required to commence work for the Seed Project, if awarded, within 15 days after date of award, prosecute the work diligently, and complete the entire work ready for use not later than 440 days after date of task order award. The time stated for completion shall include final cleanup of the premises. In accordance with 52.211-12 Liquidated Damages, if the Contractor fails to complete the work within the time specified in the task order for the Seed Project, the Contractor shall pay liquidated damages to the Government in the amount of JPY 63,102 for each calendar day of delay until the work is completed or accepted. II. INSTRUCTION, CONDITIONS AND NOTICES TO THE OFFEROR

    1. CONRACTOR LICENSING REQUIREMENTS Any contract resulting from this solicitation will be awarded and performed in its entirety in the country of Japan. Contractors must be duly authorized to operate and conduct business in Japan and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the contract. Prior to award of any contract, offerors must be registered to do business and possess a construction license (Kensetsu Gyo Kyoka) issued by the Ministry of Land, Infrastructure and Transport, or prefectural government. Offerors will be required to provide verification on such construction license prior to award of any contract to the contracting officer if such information is not already on file with or available to the contracting officer.

    2. STATUS OF FORCES AGREEMENT

    The U.S. Government will not offer “United States Official Contractor” status under Aritcle XIV of the U.S.-Japan Status of Forces Agreement (SOFA) to any offeror awarded a contract under this solicitation; nor will the U.S. Government certify any employees of a contractor as “Members of the Civilian Component” under Article I(b) of the SOFA.

    3. INQUIRIES Inquiries regarding this Request for Proposal (RFP) shall be submitted electronically using the Pre-Proposal Inquiry (PPI) form provided as Attachment J. The primary Point of Contact (POC) for inquiries is Mr. Hirokazu Toyofuku, Contract Specialist, at [email protected]. The Government does not intend to respond to inquiries submitted less than 10 calendar days before the proposal closing date and time. In the event the due date for inquiries falls on a weekend or a U.S. Government holiday, the due date shall become the next normal business day for the U.S. Government.

    4. AMENDMENTS

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    Amendments will be posted to the AsiaNECO website (https://asia.neco.navy.mil/). Hard copies of the amendment will not be mailed. It is the offeror’s responsibility to check the website periodically for any amendments to the solicitation. Contractor must acknowledge any and all amendments issued under this solicitation either by annotating it on the SF1442 or signing each SF30 (amendment) and submitting it with the contractor’s proposal.

    5. RESPONSIBILITY DETERMINATION / PRE-AWARD SURVEY

    FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or the ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. A pre-award survey is for Responsibility Determination only and is not considered an evaluation factor. The Government may conduct a pre-award survey of the Offeror to determine whether such Offeror is qualified and capable of performing the contract. The pre-award survey may involve examination of the bidder's financial and technical status and understanding of the contract requirements. The following are examples of the information that, upon request, the offeror shall be required to provide in writing to the pre-award survey team. Requested information shall be forwarded within three (3) days upon request or as indicated on the letter from the Contracting Officer. Failure to provide requested information, or a determination, after review of the information, of the Offeror's non-responsibility, may result in rejection of the Offer’s proposal.

    a. Identification of the Contractor's personnel and management to be used on this contract. b. The Contractor's technical and management plans for performing required services. c. Description of Contractor's facilities and equipment. d. Summary of the Contractor's experience in performing work of t he type required by this specification. e. Current financial statements and data. f. Other work presently under contract. g. Prior contracts for similar work, and the names and addresses of individuals with the organization issuing the contract who may be contacted for information concerning the Contractor's performance. h. Contractor Quality Control plan for this contract.

    6. BONDING REQUIREMENTS Performance bonds are required by this solicitation. See FAR 52 228-15 and NFAS 5252.228-9300 and 5252.228-9305 for details. In addition to those firms appearing on Treasury 570, corporations executing performance bonds as sureties will also be considered acceptable if they have received official approval to do so from the Ministry of Finance, Government of Japan, notwithstanding any requirement stated elsewhere that such corporations be approved by the U.S. Department of Treasury.

    7. SYSTEM FOR AWARD MANAGEMENT (SAM): Contractors must be registered in the System for Award Management (SAM) prior to the closing date for receipt of proposals. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls. Offers from a contractor not registered in the SAM as of the solicitation's closing date will not be considered. 7. INCURRED EXPENSES

    The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation.

    8. NO ALTERNATE OR MULTIPLE PROPOSALS

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    Neither multiple proposals, nor proposal variations or options, nor alternate or alternative proposals will be considered in the evaluation.

    9. PROPOSAL SUBMITTAL REQUIREMENTS Offers submitted in response to this solicitation shall be in English. The Price (Business) Proposal and Non-Price / Technical Proposal shall be submitted hard copy in two separate volumes and one (1) electronic copy (CD/DVD) with all Phase I submittals. The Offeror’s name and solicitation number must be clearly marked on the outside of the package submitted under this solicitation.

    Number of copies for each proposal: A total of one (1) original and four (4) hard copies of the complete Price and Non-Price / Technical proposals and one (1) electronic copy (CD/DVD) of proposal in response to this RFP must be received by the due date and time specified in block 13 of SF 1442, or as amended.

    a. Phase I Proposal Contents: Business Proposal Volume for Phase I:

    (1) Cover Letter which includes at a minimum, but not limited to: - The solicitation number - Name, address, telephone, and email addresses of the offeror - CAGE Code and DUNS number of the Offeror - Name, title, telephone number, and email address of persons authorized to negotiate on

    behalf of the Offeror in connection with this solicitation. - Name, title, telephone number, and email address of persons authorized to sign

    contractual documents on behalf of the Offeror in connection with this solicitation and any resultant contracts or task order, if a MACC contract is awarded to your company.

    (2) SF1442 with blocks 14 through 20c completed (3) Completed Price Schedule (CLINs 0001 – 0005 only) (4) Representations/Certifications - Section 00600 of SF1442 (all pages) or

    Conformed copy of Electric Representations/Certifications form in the System for Award Management

    (5) Letter from bonding agent or surety indicating single and aggregate bonding capacity for task order awards under this contract

    (6) Joint Venture Agreement or Partnership Agreement (if applicable) (7) Conformed copy of a construction license (Kensetsu Gyo Kyoka) issued by the

    Ministry of Land, Infrastructure and Transport and Tourism or prefectural government

    Non-Price / Technical Volume: (1) Factor 1 – Technical Approach (2) Factor 2 – Experience (3) Factor 3 – Past Performance (4) Factor 4 – Safety

    Offerors shall not submit Phase II until requested by the Government. Offerors will receive a notification from the Government informing them that they will or will not be invited to submit a proposal for Phase II of the RFP.

    b. Phase II Proposal Contents: Business Proposal Volume for Phase II:

    (1) Cover Letter which includes at a minimum, but not limited to: - The solicitation number

    - Name, address, telephone, and email addresses of the offeror - CAGE Code and DUNS number of the Offeror

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    - Name, title, telephone number, and email address of persons authorized to negotiate on behalf of the Offeror in connection with this solicitation.

    - Name, title, telephone number, and email address of persons authorized to sign contractual documents on behalf of the Offeror in connection with this solicitation and any resultant contracts or task order, if a MACC contract is awarded to your company.

    (2) Signed Amendments (if any); (3) Proposed Lump Sum Price for the seed project

    Non-Price / Technical Volume:

    (1) Factor 5 – Technical Solution Your proposal may be sent by mailing service via a commercial courier (Kuroneko Yamato, Sagawa Express, etc.). If you choose to use the mailing services, please contact the POC at least 10 days prior to the closing date. Offerors are responsible for ensuring the delivery date to meet the closing date.

    Offerors shall submit the proposal to the following address: Attn: Naval Facilities Engineering Command Far East PWD Sasebo, FEAD Acquisition Branch Bldg 200, 2nd Floor, Hirase-Cho, Sasebo-shi, Nagasaki-ken 857-0056, Japan

    Hand-delivery or express mailing / private courier proposal: Offerors are advised that the PWD Sasebo, Bldg. 200 / Acquisition Office is located on a secured base where passes are required to enter the base. Therefore, Offerors should anticipate delays in base access. If a Command Fleet Activities Sasebo (CFAS) base pass is desired, Offerors must provide the pass request form per Attachment K by email to Mr. Hirokazu Toyofuku at email: [email protected] (telephone 0956-50-2395) no later than three (3) workdays prior to the Proposed due date.

    **NOTE: Please be advised that if the application information is received after the specified due date, access may be denied for hand-delivery of the proposal. III. EVALUATION A. BASIS FOR AWARD 1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contracts; to negotiate with offerors in the competitive range; and to award the contracts to the offerors submitting the proposals determined to represent the best value—the proposals most advantageous to the Government, price and other factors considered. 2. The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. In addition, if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. 3. The tradeoff process is selected as appropriate for this acquisition. The Government considers it to be in its best interest to allow consideration of award to other than the lowest priced offeror or other than the highest technically rated offeror.

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    4. Any proposal found to have a deficiency in meeting the stated solicitation requirements or performance objectives will be considered ineligible for award, unless the deficiency is corrected through discussions. Proposals may be found to have either a significant weakness or multiple weaknesses that impact either the individual factor rating or the overall rating for the proposal. The evaluation report must document the evaluation board’s assessment of the identified weakness(s) and the associated risk to successful contract performance resulting from the weakness(s). This assessment must provide the rationale for proceeding to award without discussions. B. EVALUATION FACTORS FOR AWARD 1. The solicitation requires the evaluation of price and the following non-price factors: Phase I: Factor 1 – Technical Approach Factor 2 – Experience Factor 3 – Past Performance Factor 4 – Safety Phase II: Factor 5 – Technical Solution

    The distinction between experience and past performance is that experience pertains to the volume of work completed by a contractor that are comparable to the types of work described under the definition of recent, relevant projects, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts. 2. The relative order of importance of the non-price evaluation factors are as follows:

    a. Phase I: Factors 1-4 will be evaluated in Phase I. Factor 1 will only be rated Acceptable or Unacceptable. If an Offeror is rated Unacceptable in Factor 1, then they will not be considered for Phase II. For purposes of Phase I evaluation, the relative order of importance of the non-price evaluation factors is that Factor 2 Experience and Factor 4 Safety, when combined, are of equal importance to performance confidence assessment (Factor 3 Past Performance). **Note: Phase I evaluation will result in the selection of a maximum of five (5) most highly qualified Offerors, who will be requested to submit proposals in Phase II of the solicitation. Offerors will receive a notification from the Government informing them that they will or will not be invited to submit a proposal for Phase II of the RFP. Offerors shall not submit Phase II until requested by the Government.

    b. Phase II: Factor 5 Technical Solution and Price will be evaluated in Phase II. In making the

    best value award decision for Phase II, the Government will consider Factors 2-5 and Price. The relative order of importance of the non-price evaluation factors is that Factors 2, 4, and 5 are equal to each other and when combined are equal importance to the Factor 3 Past Performance. The combined non-price Factors are approximately equal to price. The importance of price will increase if the Offerors’ non-price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non-price proposal’s superiority to the Government. Award will be made to the responsible Offeror (s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered. The importance of price will increase if the Offerors’ non- price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non-price proposal’s superiority to the Government. Award will be made to the responsible Offeror(s) whose offer conforms to the solicitation and represents the best value to the Government, price and non-price factors considered.

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    3. Basis of Evaluation and Submittal Requirements for Each Factor. Offerors shall submit proposals for Phase I ((Factors 1-4 and Business Proposal Volume for Phase I including a cover letter, the SF1442 not including price for seed project, Representations and Certifications, Letter from bonding agent or surety indicating single and aggregate bonding capacity, and Joint Venture Agreement or Partnership Agreement (if applicable), and a copy of Construction License (Kensetsu Gyo Kyoka)) only. Offerors shall not submit Phase II (Factor 5 and Business Proposal Volume for Phase II including a cover letter, signed amendments, if any, and completed price schedule including the proposed lump sum price for the seed project) until requested by the Government. Offerors will receive a notification from the Government informing them that they will or will not be invited to submit a proposal for Phase II of the RFP. (a) Business Proposal Volumes: (1) Submittal requirements for Business Proposal Volume for Phase I:

    (i) Cover Letter which includes at a minimum, but not limited to: • The solicitation number • Name, address, telephone, and email addresses of the offeror • CAGE Code and DUNS number of the Offeror • Name, title, telephone number, and email address of persons authorized to negotiate

    on behalf of the Offeror in connection with this solicitation. (ii) Standard Form (SF) 1442 (Solicitation, Offer, and Award). Offeror shall complete blocks

    14 through 20c. Price offers must be valid for a minimum of 180 days in order to be considered for award (See Block 17 of SF 1442.).

    Price shall be submitted on the Price Schedule included in the solicitation. All offerors

    shall price CLIN 0001 as $49,900,000, $0.00 for CLINS 0002 through 0005 only. A price for the seed project shall only be submitted as a part of Phase II.

    (iii) Representations and Certifications – Offeror is to complete Section 00600 of the RFP (all

    pages) or submit a conformed copy of Electric Representations/Certifications form in the System for Award Management.

    (iv) Letter from bonding agent or surety indicating single and aggregate bonding capacity for task order awards under this contract. Bonding capacity will be considered as a part of the responsibility determination only in order to ensure the offeror is generally able to submit performance bonds for task orders issued to them within the Ordering Limitations identified in the IDIQ.

    (v) Joint Venture Agreement or Partnership Agreement (if applicable). The JV or Partnership

    must be registered in the System for Award Management (SAM) database as the JV or Partnership. The SAM website is located at https://www.sam.gov. Failure to submit the Joint Venture Agreement or Partnership Agreement may result in an Offeror’s proposal being rejected as non-responsible.

    (vi) A conformed copy of a construction license (Kensetsu Gyo Kyoka) issued by the

    Ministry of Land, Infrastructure and Transport and Tourism or prefectural government. The construction license will be considered as a part of the responsibility determination only in order to ensure the offeror is duly authorized to operate and conduct construction business in Japan. (2) Submittal requirements for Business Proposal Volume for Phase II:

    (i) Cover Letter which includes at a minimum, but not limited to: • The solicitation number • Name, address, telephone, and email addresses of the offeror

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    • CAGE Code and DUNS number of the Offeror • Name, title, telephone number, and email address of persons authorized to negotiate

    on behalf of the Offeror in connection with this solicitation. (ii) Signed Amendments, if any. (iii) Proposed Lump Sum Price for the seed project.

    (3) Basis of Evaluation: One seed project will be included in this solicitation for purposes of evaluating price. The Government will evaluate price based on the total price for the seed project. The price proposal of the seed project will not be assessed an adjectival rating but will be ranked from lowest to highest. Price will be evaluated and offerors will be ranked accordingly. 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. In accordance with FAR 36.204, the magnitude of construction for the seed project is between $1,000,000 and $5,000,000 (between JPY 97,080,000 and JPY 485,400,000 based on the DeCA Exchange Rate of JPY 97.08 / $1). (b) Non-Price Factors: Factor 1 – Technical Approach: (i) Solicitation Submittal Requirements: The composition and management of the firms proposed as the design-build (DB) team for this contract will be evaluated in this factor. The Offeror shall submit the following information:

    a. Provide a narrative describing the proposed primary construction firms and primary design firms for this contract and the rationale for proposing this arrangement. Provide the role, responsibilities, and contractual relationships between the various firms (see FAR Subpart 9.6). The narrative shall also include a simple organizational chart that clearly identifies the lines of authority between the entities. If the experience of an entity is being claimed in Factor 2, that entity must be named in the above narrative and organizational chart.

    b. The technical approach narrative shall be limited to one (1) double-sided page

    (or two (2) single-sided pages) including the organizational chart. The information requested in item #2 below is not included in this page limitation.

    c. In addition to the narrative, the Offeror shall submit a signed copy of a joint

    venture agreement, partnership agreement, teaming agreement, approved mentor protégé agreement (MPA), or letter of commitment for each member of the Offeror’s team identified above (e.g., joint venture member, partner, team member, subcontractor, parent company, subsidiary, or other affiliated company, etc.). (ii) Basis of Evaluation:

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    The assessment of the Offeror’s technical approach will be used as a means to evaluate the organizational structure and teaming relationships proposed by the Offeror. This factor will be rated on an Acceptable or Unacceptable basis. Factor 2 – Experience:

    (i) Solicitation Submittal Requirements: The Offeror shall submit the following information:

    a. Construction Experience: Submit a maximum of five (5) relevant construction projects for the Offeror that best demonstrates your experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purposes of this evaluation, a relevant project is further defined as a project comprised of a combination of architectural, mechanical, electrical and/or civil works in support of shore-based and waterfront facility investment such as facility and built-in equipment repair, construction, maintenance, equipment installation, sustainment, restoration / modernization, new footprint and demolition with a minimum contract value of JPY 15,000,000 for works comprising multiple trades for projects such as building construction, renovations and repairs, the installation and / or repair of road pavement, fencing, fire suppression systems, HVAC systems, renewable energy source technologies, advanced metering systems; the removal and disposal of lead based paint and asbestos containing material; the installation, repair and optimizing of operations of shore-based equipment; the network integration of building automation and control equipment; and pier maintenance dredging work.

    Projects submitted for the Offeror shall be completed within the past five (5) years of the date of issuance of this RFP. A project is defined as a construction project performed under a single task order or contract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project. The attached Construction & Design Experience Project Data Sheet (RFP Attachment G) is MANDATORY and SHALL be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages). For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). 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 may be submitted for the Joint Venture members. Offerors who fail to submit experience for all Joint Venture members may be rated lower. Offerors are still limited to a total of five (5) projects combined for Construction Experience. If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract. The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offer must provide a letter of commitment and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract. More weight may be given to the Offeror’s projects than to those submitted for subcontractors.

    b. Design Experience: Submit a maximum of five (5) relevant design projects for the design team that best demonstrates design experience on relevant projects that are similar in size, scope, and complexity to the RFP. For purpose of this evaluation, a relevant project is further defined as a project comprised of

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    a combination of architectural, mechanical, electrical and/or civil works in support of shore-based and waterfront facility investment such as facility and built-in equipment repair, construction, maintenance, equipment installation, sustainment, restoration / modernization, new footprint and demolition with a minimum contract value of JPY 15,000,000 for works comprising multiple trades for projects such as building construction, renovations and repairs, the installation and / or repair of road pavement, fencing, fire suppression systems, HVAC systems, renewable energy source technologies, advanced metering systems; the removal and disposal of lead based paint and asbestos containing material; the installation, repair and optimizing of operations of shore-based equipment; the network integration of building automation and control equipment; and pier maintenance dredging work. Projects submitted shall be completed within the past five (5) years of the date of issuance of this RFP. For design-build projects, the design portion of the contract shall have been completed within the past five (5) years of the date of issuance of this RFP. A project is defined as a complete design effort performed under a single task order or contract/subcontract. For multiple award and indefinite delivery/indefinite quantity type contracts, the contract as a whole shall not be submitted as a project; rather Offerors shall submit the work performed under a task order as a project. The attached Construction & Design Experience Project Data Sheet (RFP Attachment G) is MANDATORY and SHALL be used to submit project information. If the same project is being used to demonstrate construction and design experience, submit separate Project Data Sheets for construction and design. Except as specifically requested, the Government will not consider information submitted in addition to this form. Individual blocks on this form may be expanded; however, total length for each project data sheet shall not exceed one (1) double-sided page (or two (2) single-sided pages). For all submitted projects, the description of the project shall clearly describe the scope of work performed and the relevancy to the project requirements of this RFP (i.e.: unique features, area, construction methods). 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 may be submitted for the Joint Venture members. Offerors who fail to submit experience for all Joint Venture members may be rated lower. Offerors are still limited to a total of five (5) projects combined for Design Experience. If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF1442), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract. The Offeror may utilize experience of a design subcontractor to demonstrate design experience under this evaluation factor. The Offer must provide a supporting joint venture agreement, partnership agreement, teaming agreement, or letter of commitment and an explanation of the meaningful involvement for the design subcontractor. The Offeror may utilize experience of a subcontractor that will perform major or critical aspects of the requirement to demonstrate construction experience under this evaluation factor. The Offer must provide a letter of commitment and an explanation of the meaningful involvement that the subcontractor will have in performance of this contract. More weight may be given to the Offeror’s projects than to those submitted for subcontractors.

    (i) Basis of Evaluation: The basis of evaluation will include the Offeror’s demonstrated experience and depth of experience in performing relevant construction and design projects as defined in the solicitation submittal requirements. The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the Offeror to successfully meet the requirements of the RFP. The Government will only review a maximum of ten (10) projects for the experience factor, five (5) for Construction Experience and five (5) for Design Experience. Any projects submitted in excess of the five (5) for Construction Experience and five (5) for Design Experience will not be considered.

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    Relevant projects where the Offeror and the proposed design firm(s) have previously worked together may be considered more favorably than those that have not worked together. Relevant projects that demonstrate design-build experience may be considered more favorably than those that do not have design-build experience. Relevant projects that demonstrate experience with sustainable features may be considered more favorably than those that do not demonstrate experience with sustainable features. Factor 3 – Past Performance: (i) Solicitation Submittal Requirements: If a completed Contractor Performance Assessment Reporting System (CPARS) or Construction Contractor Appraisal Support System (CCASS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for construction experience. If a completed CPARS or AE Contractor Appraisal Support System (ACASS) evaluation is available, it shall be submitted with the proposal for each project included in Factor 2 for design experience. If there is NOT a completed CPARS, CCASS, or ACASS evaluation then submit Past Performance Questionnaires (RFP Attachment H) for each project included in Factor 2 for both Construction Experience and Design Experience. AN OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS IS AVAILABLE. The Offeror should provide completed Past Performance Questionnaires (PPQ) in the proposal. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror shall complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). The Government may make reasonable attempts to contact the client noted for that project(s) to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government’s point of contact, Mr. Hirokazu Toyofuku,via email at [email protected] prior to proposal closing date. Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 2 – Experience. Offerors may also address any adverse past performance issues. Explanations shall not exceed two (2) double-sided pages (or four (4) single-sided pages) in total. The Government reserves the right to contact references for verification or additional information. The Government’s inability to contact any of the Offeror’s references or the references unwillingness to provide the information requested may affect the Government’s evaluation of this factor. Performance award or additional information submitted will not be considered. (ii) Basis of Evaluation: This evaluation focuses on how well the Offeror performed on the relevant projects submitted under Factor 2 – Experience and past performance on other projects currently documented in known sources. More emphasis will be placed on more relevant projects. In addition to the above, the Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. Other sources may include, but are not limited to, past performance information retrieved through the Past

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    Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of Contractors who are part of a partnership or joint venture identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror. The Government will consider the currency and relevance of the information, the source of the information, context of the data, and general trends in the Contractor’s performance. This evaluation is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the Offeror’s past performance will be used as a means of evaluating the Offeror’s probability to successfully meet the requirements of the RFP. In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available, the offeror may not be evaluated favorably or unfavorably on the factor of past contract performance (see FAR 15.305(a)(2)(iv).) In this case, the offeror’s past performance is unknown and assigned a performance confidence rating of “neutral.” Although the Government may not rate an offeror that lacks recent, relevant past performance favorably or unfavorably with regard to past performance, the Government may determine that a “Substantial Confidence” or “Satisfactory Confidence” past performance rating is worth more than a “Neutral Confidence” past performance rating in a best value tradeoff as long as the determination is consistent. Factor 4 – Safety: (i) Solicitation Submittal Requirements: The Offeror shall provide the following information in accordance with the notes at the bottom of this subsection:

    a. Summary of Work-Related Injuries and Illnesses Offeror (or each member of a Joint Venture (JV) or partnership) shall provide a Summary of Work-Related Injuries and Illnesses for each of the past three full calendar years (January – December, 2013 - 2015) including explanation of any extenuating circumstances or trends. The summary, including explanations, shall not exceed 2 single sided pages per year. The summary shall include the following data for each calendar year:

    - Total number of fatalities. - Total number of cases with days away from work. - Total number of cases with job transfer or restriction. - Total number of days away from work. - Total number of days of job transfer or restriction. - Total number of other recordable cases.

    b. Total Case Incident Rate (TCIR)

    Offeror (or each member of a JV or partnership) shall provide the Total Case Incident Rate (TCIR) for each of the past three full calendar years (January – December, 2013 - 2015) including an explanation of extenuating circumstances or trends covering all three years, not to exceed two single sided pages per year,. The Total Case Incident Rate (TCIR) is calculated by multiplying the number of recordable cases by 200,000, and then dividing that number by the number of labor hours. Total Number of Recordable Cases x 200,000 TCIR = Number of employee labor hours worked c. Days Away from Work, Restricted Duty, or Job Transfer (DART) rate

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    Offeror (or each member of a JV or partnership) shall provide the Days Away from Work, Restricted Duty, or Job Transfer (DART) rate for each of the past three full calendar years (January – December, 2013 - 2015) including explanation of any extenuating circumstances or trends. The summary, including explanations, shall not exceed 2 single sided pages per year. The DART rate is calculated by adding up the number of incidents involving work related deaths, one or more Lost Days, one or more Restricted Days, or the transfer of an employee to a different job within the same company, multiplying that number by 200,000, and then dividing that number by the number of employee labor hours worked. Total Number of DART incidents x 200,000 DART Rate = Number of Employee Labor Hours Worked d. Citations Offeror (or each member of a JV or partnership) shall provide a listing of any citations, fines, notices or findings of violations, or equivalent warnings or sanctions received from the U.S. Occupational Safety and Health Administration, Japan Labor Standards Inspection Office, Korea Occupational Safety and Health Agency, Singapore Occupational Safety and Health Division, or other government agency responsible for enforcing occupational health or safety standards for each of the past three full calendar years (January – December, 2013 - 2015).

    e. Safety Recognition Awards/Certificates and Accreditations Where applicable, Offeror (or each member of a JV or partnership) may provide safety recognition awards/certificates, accreditations, and/or letters of commendation specific to safety received within the past five (5) years. Accreditations include participation in the OSHA Voluntary Protection Program, Construction Occupational Health and Safety Management System, Occupational Safety and Health Management System, or other equivalent accreditations endorsed by a government agency. f. Safety Narrative Offeror shall provide a safety narrative, not to exceed six(6) single sided pages, discussing the following information: - Description of plan to monitor safety performance and ensure a safe worksite. At a minimum, such plan shall include employee involvement and orientations, training, worksite analysis and mishap investigation. - Description of what Offeror has done to address/correct safety problems in the past. - Description of Offeror’s plan to evaluate safety performance of potential subcontractors as part of the subcontractor selection process. - Description of Offeror’s methods to ensure and monitor safe work practices. Notes: (1) Enterprises which have separate divisions shall include only information relating to divisions which engage in construction or construction related activities. If segregated information applicable only to the division or divisions that may be involved in the performance of the contract is available, information shall be provided at that level, otherwise information shall be provided at the next level that includes information for all divisions that may be involved in performance of the contract. (2) “Recordable cases” include each work related death and each work related injury or occupational illness involving days away from work, restricted work, transfer to another job, medical treatment beyond first aid, or loss of consciousness.

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    (3) Required summaries and rates shall be based on all projects, regardless of whether projects were military or commercial. (ii) Basis of Evaluation: The Government is seeking to determine that the Offeror has consistently demonstrated a commitment to safety and that the Offeror plans to properly manage and implement safety procedures for itself and its subcontractors. The Government will subjectively evaluate the Offeror’s overall safety record, the Offeror’s plan to maintain a safe worksite, the Offeror’s ability to correct safety problems, the Offeror’s plan to select and monitor subcontractors, and any safety methods that the Offeror plans to implement for this procurement. The Government’s sources of information for evaluating safety may include, but are not limited to Enterprise Safety Application Management System (ESAMS) Contractor Incident Report System (CIRS), and other related databases. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete safety information regarding these submittal requirements rests with the Offeror. (1) Safety Records: The Government will evaluate the Safety Records (including Summary of Work-Related Injuries and Illnesses, TCIR, DART and Citations) for the past three (3) full calendar years (January – December, 2013 – 2015) to determine if the Offeror has demonstrated a history of safe work practices taking into account any upward or downward trends and extenuating circumstances that impact the ratings. Lower incident rates and lack of citations may contribute to lower risk ratings while higher incident rates and presence of citations may contribute to higher risk ratings. (2) Safety Recognition Awards/Certificates and Accreditations: The Government will evaluate Safety Recognition Awards/Certificates, accreditations, and/or letters of commendation specific to safety, such awards, certificates, accreditations, or letters of commendation may contribute to a lower risk determination. (3) Technical Approach to Safety: The Government will evaluate the safety narrative to determine the degree to which the Offeror will ensure, manage and maintain the safety of personnel during the performance of work; the Offeror’s procedures to address/correct safety problems; and the Offeror’s plan to select and monitor subcontractors. Plans that demonstrate better safety practices, ability to comply with the safety requirements, commitment to hire subcontractors with a culture of safety, and methods to enhance a safe working environment may contribute to a lower risk determination in the evaluation. Factor 5 – Technical Solution: (i) Solicitation Submittal Requirements: Provide a narrative describing the technical solution to the project that meets the requirements of the RFP. Include the following:

    (1) Summary of the technical approach, including the means/methods, material and tools to be utilized to complete the work; mitigation plans for anticipated problems, logistical challenges and site constraints.

    (2) A Project organizational chart that lists the key positions (Project Manager, Site Safety & Health Officer, Design QCM, Construction QCM, Superintendent, and the Designer of Record for each specific discipline as well as the communication flow with the Government, and subcontractors.

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    (3) Summarize the qualifications and experience of key positions and subcontractors. (4) Project Schedule (Both Design and Construction)

    Narrative shall not exceed three (3) double-sided pages (or six (6) single-sided pages). Up to three (3) conceptual drawings shall be provided to supplement the narrative (i.e. floor plan, exterior elevation, and site plan). (ii) Basis of Evaluation: The Government will evaluate the narrative and conceptual drawings (if included) considering the extent to which the Offeror demonstrates a clear understanding of the architectural and engineering requirements of the project. The Government will evaluate the Offeror's technical solution to determine adherence to the technical requirements of the RFP. CLAUSES INCORPORATED BY REFERENCE 52.204-7 System for Award Management JUL 2013 52.214-34 Submission Of Offers In The English Language APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 CLAUSES INCORPORATED BY FULL TEXT 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (APR 2014) (a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (1) ASSIST (https://assist.dla.mil/online/start/); (2) Quick Search (http://quicksearch.dla.mil/); (3) ASSISTdocs.com (http://assistdocs.com). (b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-- (1) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (End of provision)

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    CLAUSES INCORPORATED BY FULL TEXT 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price (FFP) Indefinite Quantity/Indefinite Delivery (IDIQ) contract resulting from this solicitation. (End of provision) 52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. (End of provision) 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Naval Facilities Engineering Command Far East PWD Sasebo, FEAD Acquisition Branch Bldg 200, 2nd Floor Hirase-Cho, Sasebo-shi, Nagasaki-ken 857-0056, Japan (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995) (a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed. (b) Phase I: A pre-proposal conference will be conducted at 09:30 on 10 January 2017 at PWD Sasebo, Conference Room, 2nd Floor, Bldg. 200. The pre-proposal conference will be limited to a maximum of three representatives from the prime contractor. No site visit will be conducted at Phase I for the seed project. A site visit for the seed project at Phase II will be provided after completion of the evaluation of Phase I.

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    (c) Phase II: The prep-proposal conference and site visit will be conducted and detailed instructions will be provided to offerors invited to submit proposals for Phase II of the RFP only. (d) Instructions for site visit: Participants are required to wear Personnel Protection Equipments (PPE) such as Hard Hat, Safety Shoes and Reflective Vest. It is the sole responsibility of each attendee to wear any Personal Protection Equipment (PPE) in accordance with the latest EM 385-1-1 (Safety and Health Requirements Manual) they determine appropriate for the site visit. The U.S. Government/Navy will not provide any PPE for persons attending the site visit. If proper PPE is not used, the individual may not be allowed to participate in the site visit to the full extent.

    (e) Instruction for Pre-Proposal Conference for Phase I: Participants who need escort will meet at the CFAS Main Gate (the gate near the Pass Office) no later than 08:45 hours on 10 January 2017 in order to receive escort:

    Commander Fleet Activities, Sasebo (CFAS), Japan Main Gate (The gate near the Pass Office) Hirase-cho, Sasebo, Nagasaki-ken, Japan 857-0056 Point of Contract (POC): Hirokazu Toyofuku (Mr.), Contract Specialist (CS) e-mail: [email protected] Tel: 0956-50-2395

    Note: (1) Individuals are required to have a “BASE ACCESS PASS” for the event. Please submit the appropriate pass request form provided per Attachment L to the CS via email in EXCEL format no later than three (3) workdays prior to the pre-proposal conference / site visit date.

    (2) Individuals that have not submitted a Personal History Statement (USFJ Form 196aEJ) to the Base Pass Office must be escorted by FEAD personnel. Personnel requiring escort must be present at the CFAS Main Gate (the gate near the Pass Office) no later than 08:45 hours on 10 January 2017 in order to receive escort.

    (3) Individuals that have submitted a Personal History Statement to the Pass Office will not need an escort.

    For those individuals, please insert “NO ESCORT REQUIRED” in RED on the Base Access Request Form at REMARK Column.

    (4) Pass applicants must carry picture identification (ID). Valid picture ID for Japanese Personnel means a

    Driver’s License, which indicates nationality or permanent address, a Passport or a Resident Card with picture (Jyuki Card). A valid picture ID for non- Japanese Personnel means a Passport or Alien Registration Card. A Driver’s License which does NOT indicate the individual’s nationality or permanent address is NOT considered a valid picture ID. A Driver’s License which does not indicate the individual’s nationality or permanent address may be used if accompanied with a valid Jumin Hyo with permanent address (Honseki chi).

    (5) Vehicle Pass applicants must carry the Compulsory Automobile Liability Insurance (Jibaiseki Hoken

    Shomeisho), Japanese Title (Shakensho) and Driver’s License to obtain the vehicle pass. Conformed Copy is acceptable. There is no temporary parking around the pass office and main gate area. It is highly recommended Offerors utilize Public Transportation due to parking constraints. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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    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) 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 252.211-7001 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS NOT LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST), AND PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS (MAY 2006) Offerors may obtain the specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation by submitting a request to: Naval Facilities Engineering Command Far East PWD Sasebo, FEAD Acquisition Branch Bldg 200, 2nd Floor Hirase-Cho, Sasebo-shi, Nagasaki-ken 857-0056, Japan Include the number of the solicitation and the title and number of the specification, standard, plan, drawing, or other pertinent document. (End of Provision) 252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991) The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location: Naval Facilities Engineering Command Far East PWD Sasebo, FEAD Acquisition Branch Bldg 200, 2nd Floor Hirase-Cho, Sasebo-shi, Nagasaki-ken 857-0056, Japan

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    (End of provision)

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    Section 00600 - Representations & Certifications CLAUSES INCORPORATED BY REFERENCE 52.204-19 Incorporation by Reference of Representations and

    Certifications. DEC 2014

    52.215-6 Place of Performance OCT 1997 52.236-28 Preparation of Proposals--Construction OCT 1997 252.203-7005 Representation Relating to Compensation of Former DoD

    Officials NOV 2011

    252.204-7004 Alt A System for Award Management Alternate A FEB 2014 CLAUSES INCORPORATED BY FULL TEXT 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220. (2) The small business size standard is Not Applicable. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: (X) Paragraph (d) applies. ( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

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

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

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

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

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

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

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

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

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

    (B) Exceed the simplified acquisition threshold; and

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

    (v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

    (D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

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

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

    [Contracting Officer check as appropriate.]

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

    (ii) 52.204-20, Predecessor of Offeror.

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

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

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

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

    (vii) 52.227-6, Royalty Information.

    (A) Basic.

    (B) Alternate I.

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

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

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

    (End of provision)

    52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013) (a) Definitions. As used in this provision-- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means-- (1) The total value of all current, active contracts and grants, including all priced options; and

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    (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) CLAUSES INCORPORATED BY FULL TEXT 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN--CERTIFICATION (AUG 2009) (a) Definitions. As used in this provision--

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    Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. Marginalized populations of Sudan means-- (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-re