SOLICITATION NOTICE
Z -- Single Award Task Order (SATOC) Indefinite-Delivery, Indefinite-Quantity (IDIQ) Job Order Contract (JOC) for Italy
- Notice Date
- 6/27/2018
- Notice Type
- Presolicitation
- NAICS
- 236220
— Commercial and Institutional Building Construction
- Contracting Office
- Department of the Army, U.S. Army Corps of Engineers, USACE District, Europe, Konrad-Adenauer Ring 39, Wiesbaden, 65187, Germany
- ZIP Code
- 00000
- Solicitation Number
- W912GB18R0023
- Point of Contact
- Anthony R. Melicharek, Phone: 01149061197442385, Robin Prince,
- E-Mail Address
-
anthony.r.melicharek@usace.army.mil, Robin.G.Prince@usace.army.mil
(anthony.r.melicharek@usace.army.mil, Robin.G.Prince@usace.army.mil)
- Small Business Set-Aside
- N/A
- Description
- Pre-Solicitation for W912GB-18-R-0023 Single Award Task Order (SATOC) Indefinite-Delivery, Indefinite-Quantity (IDIQ) Job Order Contract (JOC) for Italy 1. ANTICIPATED PROJECT TITLE: Fiscal Year 2019 (FY19) Italy JOC 2. AGENCY: U.S. Army Corps of Engineers (USACE) Europe District (NAU) 3. NAICS: 236220, Commercial and Institutional Building Construction 4. CONTRACT SPECIALIST: Anthony Melicharek, anthony.r.melicharek@usace.army.mil 5. PLACE OF PERFORMANCE: Italy 6. SOLICITATION NUMBER: W912GB-18-R-0023 7. DESCRIPTION: USACE NAU intends to solicit and award one (1) Indefinite Delivery-Indefinite Quantity (IDIQ) contract for construction services in Italy; to be procured in accordance with Federal Acquisition Regulation (FAR) Part 36, under North American Industrial Classification System (NAICS) code 236220, Commercial and Institutional Building Construction. The amount of work for the contract shall not exceed $49,900,000.00. This acquisition is needed to support continued Sustainment Restoration & Modernization (SRM) projects located primarily in Vicenza, Livorno, Aviano, with the possibility of minimal work at other United States (US) facilities throughout Italy. The purpose of this acquisition is to provide a contract vehicle for real property repair, maintenance, environmental work, asbestos abatement, force protection work, and construction services in the areas identified below. The task orders will primarily address general building renovation, road and pavement repair, and general environmental work. This work includes, but is not limited to, incidental new minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete work, force protection, and environmental remedial work. 8. TYPE OF CONTRACT: FFP IDIQ SATOC JOC where each project task order is normally comprised of a number of pre-described and pre-packaged tasks found in the Scope of Work and linked to the 2016 Europe Unit Price Book (UPB). 9. TYPE OF SET-ASIDE: This acquisition will be an unrestricted action under full and open competitive conditions. Small and Small Disadvantaged Business requirements are waived for this project due to its location OCONUS. 10. SELECTION PROCESS: The acquisition strategy is a competitive negotiation using the best value tradeoff process, resulting in a FFP contract award to a single offeror who demonstrates the best value to the Government, considering all non-price (technical) and price factors. The award will be made considering price and the following non-price factors; Experience, Past Performance and Management Approach. 11. CONTRACT MAGNITUDE: The term of the resultant contract will be limited to a base period of one year and four option periods of one year each (5 years total). The contemplated contract's capacity will not exceed $49,900,000.00 for the base and all option years. 12. SITE VISIT/PRE-PROPOSAL CONFERENCE: The solicitation will provide further information on the Pre-Proposal Conference. 13. QUALIFIED CONTRACTOR STATUS: All interested firms are required to submit via email the following documentation to assist in the determination of their status as a qualified contractor, as stated below, no later than 1500 hours Central European Summer Time (CEST) on Monday 23 July 2018, to: Contract Specialist, Mr. Anthony Melicharek, anthony.r.melicharek@usace.army.mil Contracting Officer, Ms. Robin Prince, robin.g.prince@usace.army.mil The Government reserves the right to not respond to questions or Requests for Information (RFI) submitted after 1500 hours Central European Summer Time (CEST) on Wednesday 11 July 2018. A firm's physical address, telephone number, email address, and an English speaking point of contact MUST be provided. Firms whose submissions are received later than the time and date stated above, or firms that submit incomplete information, may not be considered. The required information is as follows: a. A description of the teaming arrangement, as applicable, demonstrating how the potential Offeror and their proposed team meet the qualification requirements. b. A copy of all S.O.A. certifications required for this solicitation. Offerors shall be qualified in accordance with D.P.R.34 of 25 January 2000, Regulations for the Qualification of Construction Firms in Italy, in accordance with Legislative Decree 12 April 2006 u. 163, the De Lise Code and any subsequent amendments for: Prevailing Category: a) OG 1 Industrial and Other Buildings Class IV €2.582.284,50 Minor Categories: b) OG 3 Roads, motorways, bridges, railways, underground railways. Class III €1.032.913,80 c) OG 6 Water, gas and oil pipelines and irrigation and drainage works Class III €1.032.913,80 d) OG 11 Utility Systems Class II €516.456,90 e) OG 12 Remediation and environmental protection works and systems Class II €516.456,90 c. Firms must comply with Article 38 of the De Lise Code by self-certifying the attainment of Article 38; forward the Documento Unico di Regolarità Contributiva pursuant to Article 2 of the Legislative Decree numbered 210/2002 converted into law numbered 266/2002 - containing the relevant statements form INPS and INAIL; forward a copy of the Casellario Giudiziario Certificate for each member of the firm. d. The documentation required by Article 75 of D.P.R. 554/99 as replaced by Article 2 of D.P.R. 412/00. Note that self-certification is sufficient for paragraph 1 of the law, of Article 75. Compliance with the subparagraphs (b) and (c) of paragraph 1 of Article 75 shall be demonstrated by forwarding an unexpired original or certified copy of the "Certificato Casellar Giudiziale" or "Certificato dei Carichi Pendenti." e. All potential Offerors who are a Joint Venture shall demonstrate in a narrative how the joint venture team meets the S.O.A. certification requirement of paragraph (2). The narrative must include a description of the responsibilities in terms of the work category(ies) for each partner. For example, firm A will be performing 70% of the OG 1work; firm B will perform 30% of the OG 1 work. f. Offerors shall with their response, furnish all documentation complying with the following clauses. Failure to submit any document or submitting a non-conforming document may result in rejection of the proposal in its entirety. • 52.000-4090 - Qualification of Firms Pursuant to Italian Decree DPR 00/34 • 52.000-4091 - Compliance with Italian Decree DPR 554/99 amended by Art 2 of DPR 412/00 • 52.225-4002 - Anti Mafia Law g. Applicable clauses are stated below: • 52.000-4090 S.O.A.s-Qualification of Firms Pursuant to Italian Decree DPR 00/34 (Decreto Del Presidente Della Republica, January 25, 2000, No. 34.) (APR 2009) Offerors must comply with the requirements of D.P.R. n. 34 of 25 January 2000 and subsequent amendments. Failure to furnish the documents required by this solicitation with your proposal may be cause for elimination of your proposal from competition. Firms must furnish any additional back-up documentation requested by the contracting officer within the time period specified by the Contracting Officer. Failure to provide supporting documentation will subject the Contractor to possible termination for default of the contract. In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the bid guarantee or letter of assurance or guarantee, if required under the solicitation, is available to offset the difference. Offerors must provide their S.O.A. reflecting eligibility to bid on the work solicited, by work qualification and classification. The prevailing work categories and classification are described in the pre-solicitation notice and in this solicitation. These work categories and classifications will also be described in individual task order requests for proposal and the S.O.A. demonstrating eligibility will be required to be submitted with the task order proposal. (End of Clause) • 52.000-4091 Compliance with Italian Decree DPR 554/99, as amended by Article 2 of DPR 412/00 (2009). All offerors must demonstrate compliance with DPR 554/99, notably Article 75, as amended by DPR 412/00, Article 2 and compliance with Article 38 of DPR 163/06 within the timelines specified by the contracting officer. Offerors will: a) Self-certify the non-existence of the situations at Art. 75 of DPR 554/99 as amended by Art. 2 of DPR 412/00 and Article 38 of DPR 163/06. And b) Comply by providing a "Certificato d' Iscrizione al Casellario Giudiziale" for each member of the company and a "Documento Unico di Regolaritá Contributiva" pursuant to Art. 2 of Legislative Decree n.210/2002 converted into law n. 266/2002. (End of Clause) • 52.225-4002 Anti- Mafia Law Italy (2015) Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No. 629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror. Subcontractors: ALSO, the Offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The Offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the Offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company. Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract. Documentation Requirements: Contractor shall submit the following: The offeror SHALL include a "self-declaration" in accordance with DPR 445/2000, stating that "pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract." h. Notice to joint ventures: A provision entitled "Joint Venture Agreements" will be included in the future solicitation for this project. It states that the Joint Venture Offerors shall, with their proposal (not now) furnish an Italian notarized legal document ("Mandao") that establishes the Joint Venture. The language of this provision is included below for information: Joint Venture Offerors shall, with their proposal furnish an Italian notarized legal document ("Mandato") that establishes the Joint Venture. The Joint Venture Agreement shall take effect upon the submission of the proposal and remain irrevocable until one year (1) year after the work has been finally inspected and accepted by the Government. The Joint Venture Agreement shall include, at a minimum, the following: a) Name of firms that form the Joint Venture and the name of the Joint Venture; b) Name and title of the corporate officials signing in behalf of each party; c) Contract number; d) Description of the responsibilities in terms of work category for each partner (for example - Firm A performing 70% of OG 1) that sufficiently demonstrates how the joint venture meets the SOA certification requirements of this solicitation; e) The statement "The composition and structure of the Joint Venture will remain unchanged from award to one (1) year after the work has been finally inspected and accepted by the Government"; f) Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party. g) Relationship of the JV in terms of ownership, capital contribution, profit distribution/loss sharing; bonding responsibilities; party having overall control, etc. h) The JV agreement must show that joint venture members are jointly and severally liable for any obligations under the contract. If the Joint Venture is not organized according to Art 95 of Law 554, 21 December 1999, the U.S. Government reserves the right to review the actual Joint Venture agreement to determine its basis and compliance with applicable laws. The JV agreement presented to the Government must constitute the entire agreement between the parties concerning execution of this contract. Any side agreements, silent consortiums or other memoranda not presented to the Government with the proposal will have no validity in the execution of this contract and shall not constitute a defense against performance of contract requirements by JV partners. 14. SOLICITATION WEBSITES: All prospective contractors and their subcontractors and suppliers must be registered in Federal Business Opportunities Website (FedBizOpps) https://www.fbo.gov before they will be allowed to download solicitation information. Contractors must be registered in the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/ prior to award of this contract. Solicitation documents, plans and specifications will only be available via FedBizOpps. Registration is to be made via FedBizOpps Internet Homepage. If you are not registered, the United States government is not responsible for providing you with notifications of any changes to this solicitation. The solicitation will be available only as a direct download from the FedBizOpps web page. This solicitation will not be issued on CD-ROM. Neither telephonic, mailed, nor fax requests will be accepted. Registration should be completed one week prior to the issue date. It is therefore the Contractor's responsibility to monitor the website daily for the solicitation to be posted, and for any posted changes or amendments to this solicitation. The plans and specifications and all notifications of changes to this solicitation shall only be made through this posting and modifications hereto. Plans and specifications will not be provided in a printed-paper format; however, the Government reserves the right to revert to paper medium when it is determined to be in the Government's best interest. NOTE: This solicitation will be in PDF format and requires Adobe Acrobat Reader. Adobe Acrobat Reader may be downloaded free of charge at http://www.adobe.com/products/reader. 15. ANTICIPATED SOLICITATION RELEASE DATE AND AWARD DATE: The Government anticipates releasing the solicitation on or about 15 August 2018. The Government intends to have proposals due on or about 15 September 2018 and award the contract by the end of December 2018. Actual dates and times will be identified in the solicitation. Additional details can be found in the solicitation when it is posted. 16. NOTICE TO OFFERORS: The Government reserves the right to cancel the solicitation, either before or after the proposal opening with no obligation to the offeror by the Government. MINIMUM GUARANTEE: A separate minimum guarantee amount of $5,000.00 will be allocated for the base plus each of the four (4) option periods. TASK ORDER LIMITATIONS: The minimum task order value will be €2,000.00 and the maximum task order value will be €1,250,000.00. 16. POINT-OF-CONTACT: The USACE NAU Contracting Office will be the sole point-of-contact for this solicitation. The Primary Contracting Point of Contact for this solicitation is Contract Specialist, Mr. Anthony Melicharek at anthony.r.melicharek@usace.army.mil and Contracting Officer Ms. Robin Prince at robin.g.prince@usace.army.mil.
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