SOLICITATION, OFFER,

AND AWARD

1. SOLICITATION NO.
N33191-13-R-1240

(Construction, Alteration, or Repair)

2. TYPE OF SOLICITATION
SEALED BID

(IFB)

3. DATE ISSUED

PAGE OF PAGES

05-Sep-2013

1 OF

X NEGOTIATED (RFP)

24

IMPORTANT - The "offer" section on the reverse must be fully com pleted by offeror.
4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

N33191

NAVFAC EUROPE AFRICA SOUTHWEST ASIA

VIALE PORTO CAPODICHINO
NAPOLI 80144

TEL:

(If Other Than Item 7) CODE

See Item 7

FAX:

9. FOR INFORMATION
CALL:

6. PROJECT NO.

TEL:

A. NAME

FAX:
B. TELEPHONE NO.

(Include area code)

(NO COLLECT CALLS)

MAUREEN E. HOESLY

SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

(Title, identifying no., date):

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, maureen.hoesly@eu.navy.mil 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.

15
330
11. The Contractor shall begin performance w ithin _______
calendar days and complete it w ithin ________
calendar days after receiving
X 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

12B. CALENDAR DAYS

X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12:00 AM
1
A. Sealed offers in original and __________
copies to perform the w ork required are due at the place specified in Item 8 by ___________
(hour)
21
Oct
2013
local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers
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.
60
D. Offers providing less than _______
calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
NSN 7540-01-155-3212

1442-101

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA
FAR (48 CFR) 53.236-1(e)

SOLICITATION, OFFER, AND AWARD (Continued)

(Construction, Alteration, or Repair)
OFFER (M ust be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR

(Include ZIP Code)

15. TELEPHONE NO.

(Include area code)

16. REMITTANCE ADDRESS

(Include only if different than Item 14)

See Item 14

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 is
accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
(Insert any number equal to or greater than
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

(4 copies unless otherwise specified)

26. ADMINISTERED BY

10 U.S.C. 2304(c)

41 U.S.C. 253(c)

27. PAYMENT WILL BE MADE BY:

CODE

CODE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

29. AWARD (Contractor is not required to sign this document.)

(Contractor is required to sign this

document and return _______ copies to issuing office.)

Contractor agrees

Y our of f er on this solicitation, is hereby accepted as to the items listed. This award con-

to f urnish and deliv er all items or perf orm all work, requisitions identif ied

summates the contract, which consists of (a) the Gov ernment solicitation and

on this f orm and any continuation sheets f or the consideration stated in this

y our of f er, and (b) this contract award. No f urther contractual document is

contract. The rights and obligations of the parties to this contract shall be

necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses,
representations, certif ications, and specif ications or incorporated by ref erence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER

30B. SIGNATURE

TEL:

30C. DATE

(Type or print)

EMAIL:

31B. UNITED STATES OF AMERICA

31C. AWARD DATE

BY
NSN 7540-01-155-3212

STANDARD FORM 1442 BACK

(REV. 4-85)

N33191-13-R-1240
Page 3 of 24
Section 00010 - Solicitation Contract Form

ITEM NO
0001

SUPPLIES/SERVICES

QUANTITY
UNIT
UNIT PRICE
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

AMOUNT

UAH with VAT

UAH without VAT
NET AMT

ITEM NO
0002
OPTION

SUPPLIES/SERVICES

QUANTITY
UNIT
UNIT PRICE
1
Project
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

AMOUNT

UAH with VAT

UAH without VAT
NET AMT

N33191-13-R-1240
Page 4 of 24
ITEM NO
0003
OPTION

SUPPLIES/SERVICES

QUANTITY
UNIT
UNIT PRICE
1
Project
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

AMOUNT

UAH with VAT

UAH without VAT
NET AMT

ITEM NO
0004
OPTION

SUPPLIES/SERVICES

QUANTITY
UNIT
UNIT PRICE
1
Project
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

AMOUNT

UAH with VAT

UAH without VAT
NET AMT

N33191-13-R-1240
Page 5 of 24
ITEM NO
0005
OPTION

SUPPLIES/SERVICES

QUANTITY
UNIT
UNIT PRICE
1
Project
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

AMOUNT

UAH with VAT

UAH without VAT
NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:
CLIN
0001
0002
0003
0004
0005

INSPECT AT
N/A
N/A
N/A
N/A
N/A

INSPECT BY
N/A
N/A
N/A
N/A
N/A

ACCEPT AT
N/A
N/A
N/A
N/A
N/A

ACCEPT BY
Government
Government
Government
Government
Government

DELIVERY INFORMATION
CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

0001

330 dys. ADC

N/A
FOB: Destination

0002

330 dys. ADC

N/A
FOB: Destination

0003

330 dys. ADC

N/A
FOB: Destination

0004

330 dys. ADC

N/A
FOB: Destination

UIC

N33191-13-R-1240
Page 6 of 24
0005

330 dys. ADC

N/A
FOB: Destination

N33191-13-R-1240
Page 7 of 24
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, maureen.hoesly@eu.navy.mil, 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 maureen.hoesly@eu.navy.mil
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
lyudmyla.v.kyrylenko.ln@mail.mil 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,

N33191-13-R-1240
Page 8 of 24

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.

N33191-13-R-1240
Page 9 of 24

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

N33191-13-R-1240
Page 10 of 24

separate past performance documentation may be submitted directly to the Governments point of contact, Ms.
Maureen Hoesly at maureen.hoesly@eu.navy.mil
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

N33191-13-R-1240
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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:

N33191-13-R-1240
Page 12 of 24

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 W9)
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.

N33191-13-R-1240
Page 13 of 24

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)

N33191-13-R-1240
Page 14 of 24
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
252.203-7005
252.204-7007
252.209-7001

Annual Representations and Certifications

Representation Relating to Compensation of Former DoD
Officials
Alternate A, Annual Representations and Certifications
Disclosure of Ownership or Control by the Government of a
Terrorist Country

JUL 2013
NOV 2011
MAY 2013
JAN 2009

N33191-13-R-1240
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Section 00700 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE

52.202-1
52.203-3
52.203-5
52.203-7
52.203-8
52.203-10
52.203-12
52.204-7
52.204-13
52.211-13
52.214-34
52.215-1
52.217-4
52.217-5
52.222-1
52.222-50
52.223-6
52.223-18
52.228-3
52.229-6
52.232-5
52.232-23
52.232-27
52.232-33
52.232-36
52.233-2
52.236-5
52.236-7
52.236-9
52.236-11
52.236-12
52.236-13
52.236-15
52.236-17
52.236-21 Alt I
52.236-26
52.236-28
52.242-13
52.242-14
52.243-1
52.246-1
52.246-12

Definitions
Gratuities
Covenant Against Contingent Fees
Anti-Kickback Procedures
Cancellation, Rescission, and Recovery of Funds for Illegal
or Improper Activity
Price Or Fee Adjustment For Illegal Or Improper Activity
Limitation On Payments To Influence Certain Federal
Transactions
System for Award Management
System for Award Management Maintenance
Time Extensions
Submission Of Offers In The English Language
Instructions to Offerors--Competitive Acquisition
Evaluation Of Options Exercised At The Time Of Contract
Award
Evaluation Of Options
Notice To The Government Of Labor Disputes
Combating Trafficking in Persons
Drug-Free Workplace
Encouraging Contractor Policies To Ban Text Messaging
While Driving
Worker's Compensation Insurance (Defense Base Act)
Taxes--Foreign Fixed-Price Contracts
Payments under Fixed-Price Construction Contracts
Assignment Of Claims
Prompt Payment for Construction Contracts
Payment by Electronic Funds Transfer--System for Award
Management
Payment by Third Party
Service Of Protest
Material and Workmanship
Permits and Responsibilities
Protection of Existing Vegetation, Structures, Equipment,
Utilities, and Improvements
Use and Possession Prior to Completion
Cleaning Up
Accident Prevention
Schedules for Construction Contracts
Layout of Work
Specifications and Drawings for Construction (Feb 1997) Alternate I
Preconstruction Conference
Preparation of Proposals--Construction
Bankruptcy
Suspension of Work
Changes--Fixed Price
Contractor Inspection Requirements
Inspection of Construction

JAN 2012
APR 1984
APR 1984
OCT 2010
JAN 1997
JAN 1997
OCT 2010
JUL 2013
JUL 2013
SEP 2000
APR 1991
JAN 2004
JUN 1988
JUL 1990
FEB 1997
FEB 2009
MAY 2001
AUG 2011
APR 1984
FEB 2013
SEP 2002
JAN 1986
JUL 2013
JUL 2013
JUL 2013
SEP 2006
APR 1984
NOV 1991
APR 1984
APR 1984
APR 1984
NOV 1991
APR 1984
APR 1984
APR 1984
FEB 1995
OCT 1997
JUL 1995
APR 1984
AUG 1987
APR 1984
AUG 1996

N33191-13-R-1240
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52.246-13

Inspection--Dismantling, Demolition, or Removal of

AUG 1996
Improvements
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
FEB 2006
Vessels (Apr 2003) - Alternate II
52.248-3
Value Engineering-Construction
OCT 2010
52.249-2 Alt I
Termination for Convenience of the Government (FixedSEP 1996
Price) (Apr 2012) - Alternate I
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
SEP 2011
Officials
252.203-7001
Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008
Contract-Related Felonies
252.203-7002
Requirement to Inform Employees of Whistleblower Rights JAN 2009
252.204-7003
Control Of Government Personnel Work Product
APR 1992
MAY 2013
252.204-7004 Alt A System for Award Management Alternate A
252.209-7004
Subcontracting With Firms That Are Owned or Controlled ByDEC 2006
The Government of a Terrorist Country
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)

N33191-13-R-1240
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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

N33191-13-R-1240
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Person to Contact:
Ms. Maureen Hoesly
Electronic Address:
maureen.hoesly@eu.navy.mil
(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--

N33191-13-R-1240
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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 nontransitory 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;

N33191-13-R-1240
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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:

N33191-13-R-1240
Page 21 of 24

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.

N33191-13-R-1240
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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 governmentaccepted 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.

N33191-13-R-1240
Page 23 of 24
_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.

N33191-13-R-1240
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Section 00800 - Special Contract Requirements