Inactive

PURPOSE OF THIS ANNOUNCEMENT This announcement has two purposes. First, this is a Pre-Solicitation Notice of a proposed contract action pursuant to FAR 5.204. The second purpose is to request interest... PURPOSE OF THIS ANNOUNCEMENT This announcement has two purposes. First, this is a Pre-Solicitation Notice of a proposed contract action pursuant to FAR 5.204. The second purpose is to request interested firms submit their pre-qualification documentation to enable them to propose on the formal solicitation that will be announced at a later date. The formal solicitation will follow this announcement with full details, including a response deadline, statement of work, specifications, instructions to Offerors, and the evaluation factors and basis for award. The USACE Europe District Contracting Office will be the sole point of contact for this solicitation. The Primary Points of Contacts are listed with this announcement. OFFERORS ARE RESPONSIBLE FOR MONITORING THIS WEBSITE FOR CHANGES TO THIS NOTICE AND THE FORMAL SOLICITATION ANNOUNCEMENT. PLANNED SOLICITATION: The US Army Corps of Engineers Europe District intends to issue a Request for Proposals (RFP) for the construction services described herein. Currently, it is estimated that the formal solicitation could occur any time in or after September/ October 2023. NOTE: Only firms that the U.S. Government determines qualified will be included as a part of a Restricted Plan Holders List (RPHL). Only qualified firms on the RPHL will be invited to receive a copy of the solicitation and propose on the ITALY JOC. Further details on the pre-qualification process are provided in the PREQUALIFICATION PROCESS section below. Proposals in response to the formal solicitation will be due no less than 30 days from the solicitation publish date. The solicitation and any subsequent amendments will be made available via posting to System for Award Management (SAM) at www.SAM.gov. The solicitation documents will only be made available in electronic format. No CD- ROMs or hardcopy documents will be distributed. Interested parties must be registered in System for Award Management (SAM) at www.sam.gov in order to view or download the solicitation documents. It is the responsibility of the interested parties to appropriately register SAM and to monitor for notices, amendments, etc. THE GOVERNMENT RESERVES THE RIGHT TO CANCEL THE SOLICITATION, EITHER BEFORE OR AFTER PROPOSAL OPENING WITH NO OBLIGATION TO THE OFFEROR BY THE GOVERNMENT. SPECIAL SAM NOTICE: Please take notice that the System for Award Management (SAM, www.sam.gov) has entity registration requirement that firms submit an "original, signed notarized letter identifying the authorized Entity Administrator for the entity associated with the Unique Entity Identifier before the registration will be activated." This applies to all new entity registrations and all entity registration renewals. Please also refer to Federal Service Desk's (FSD) instructions on how to comply with this requirement. NOTE: the instructions are different for domestic (U.S. based) and international (non-U.S. based) firms. Offerors are reminded that this solicitation will include the provision FAR 52.204-7 System for Award Management and the resulting award will include the clause FAR 52.204-13 SAM Maintenance. These provisions/clauses require all contractors to register and maintain an active SAM entity registration in order to be eligible for contract awards, as prescribed by the regulation at FAR Subpart 4.11. In order to eligible for the contract award resulting from this solicitation, Offerors are advised to take immediate action to ensure your SAM entity registration is current and determined to be responsible prior to Award. Federal Service Desk's (FSD) website: https://fsd.gov/ FULL AND OPEN COMPETITION: This acquisition will be subject to full and open competition pursuant to FAR Subpart 6.1. However, there are Italian Host Nation (HN) restrictions that must be met in order for contractors to conduct business in Italy. Construction contractors are required to possess the necessary Societa Organismi D’Attestazione (S.O.A.) certifications (which are requirement driven and for this requirement are OG1, OG3, OG6, OG11 and OG12) and must also comply with the Italian Anti-Mafia Law (by attaining the Anti-Mafia White List status or being certified by the regional Italian Prefect/Prefettura www.prefetura.it in which the firm is registered to do business every 6 months) and complying with the following clauses: 52.000-4090 - Qualification of Firms Pursuant to Italian Presidential 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 The HN requires contractors to comply with these rules and regulations including licensing. Due to the time it takes to acquire such licenses from the HN authorities, the pool of contractors may be limited to those who already possess or have applied in sufficient time to acquire the certifications and HN law/regulation compliance by the time of award. PLANNED CONTRACT INFORMATION: USACE Europe District seeks to procure a Firm Fixed Price (FFP) Indefinite-Delivery, Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC) for JOC projects within Italy. The ordering capacity of the SATOC is not-to-exceed $49,000,000 for the life of the contract. The planned duration for this contract is a total of five years, consisting of a five year base period. The Contract will end upon completion of the five year period or upon reaching the $49,000,000 ceiling. Individual projects issued under the SATOC will contain their own estimated values. There will be no limits on the number of task orders issued or limits on cumulative value ordered in any single year. PLACE OF PERFORMANCE AND INFORMATION ABOUT THE SERVICES TO BE PROCURED: The geographical area covered by this Italy JOC contract is primarily Vicenza, with some work in Livorno and Aviano, and minimal work at other US facilities located throughout Italy. The scope of the Italy JOC will be real property repair, maintenance, environmental work, asbestos abatement, force protection work, and construction services in the areas identified above. 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. The work will be priced and executed using the JOC price book. As the work will be performed outside of the continental U.S. no set asides or socioeconomic preference of any sort will be granted. Specific evaluation criteria will be provided in the formal solicitation, which will follow this announcement at a later date. The Government reserves the right to issue additional solicitations and award additional contracts within the region covered by this solicitation. PRE-PROPOSAL CONFERENCE: The Government intends to host a pre-proposal conference for pre-qualified firms. The pre-proposal conference will likely take place in October/November 2023 in Vicenza, Italy. The conference will last approximately 2-4 hours. Further details will be provided to the pre-qualified firms. The conference will primarily consist of a presentation by the US Government personnel involved in these projects, but will also include a chance for questions and answers from interested firms. The conference topics would include a general discussion about the US Army Corps of Engineers and US Procurement Law. Other important topics specific to the solicitation will also be discussed, which include: Procurement Timeline System for Award Management Registrations & Unique Entity ID Federal Business Opportunities website Pre-Proposal Inquiries & ProjNet Proposal Submission Instructions Proposal Format Evaluation Criteria Source Selection Approach Debriefings Ordering Procedures PRE-QUALIFICATION PROCESS: Only firms that the U.S. Government determines qualified will be included as a part of a Restricted Plan Holders List (RPHL). Only qualified firms on the RPHL will be invited to participate and be provided a copy of the solicitation. In order to be pre-qualified, interested firms must submit documentation for consideration in response to the presolicitation announcement as soon as possible, but no later than 17 March 2023 at 1400 hrs Central European Time (CET). Firms must submit material as stated below demonstrating compliance with the requirements as stated herein. Offerors can submit their qualification documentation via email to the points of contact listed with this announcement, or via DOD SAFE (a drop off code must be requested but no later than 3 days before this announcement closing date). All interested firms are required to submit the following documentation (See attachment for PreQualification Survey Italy JOC) so that the US Government can determine their status as a qualified contractor: 1. A description of the teaming arrangement, as applicable, demonstrating how the potential Offeror and their proposed team meet the qualification requirements. List all firms, to include sub-contractors, that contribute toward satisfying the stated Societa Organismi D'Attestazione (S.O.A.) requirements and how the firm(s) contribute to the satisfaction of the requirement. 2. A copy of all S.O.A. certifications or S.O.A. applications required for this solicitation. Offerors shall be qualified in accordance withD.P.R.34 of 25 January 2000, Regulations for the Qualification of Construction Firms in Italy, in accordance with Legislative Decree 12 April 2006 u. 163, the De Lise Code and any subsequent amendments for: Prevailing Category: a) OG 1 Industrial and Other Buildings Class IV €2,582,000 Minor Categories: b) OG 3 Roads, motorways, bridges, railways, underground railways. Class IV €2,582,000 c) OG 6 Water, gas and oil pipelines and irrigation and drainage works Class II €516,000 d) OG 11 Utility Systems Class II €516,000 e) OG 12 Remediation and environmental protection works and systems Class II €516,000 3. Firms must comply with Article 38 of the De Lise Code by attainment of Article 38; forward the Documento Unico di Regolarità Contributiva pursuant to Article 2 of the Legislative Decree numbered 210/2002 converted into law numbered 266/2002 - containing the relevant statements form INPS and INAIL; forward a copy of the Casellario Giudiziario Certificate for each member of the firm. 4. The documentation required by Article 75 of D.P.R. 554/99 as replaced by Article 2 of D.P.R. 412/00. Compliance with the subparagraphs (b) and (c) of paragraph 1 of Article 75 shall be demonstrated by providing an unexpired original or certified copy of the "Certificato Casellar Giudiziale" or "Certificato dei Carichi Pendenti." 5. All potential Offerors who are Joint Ventures 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 1 work; firm B will perform 30% of the OG 1 work. 6. Offerors shall furnish all documentation complying with the following clauses. Failure to submit any document or submitting a non-conforming document may result in rejection in its entirety. 52.000-4090 - Qualification of Firms Pursuant to Italian Decree DPR 00/34 52.000-4091 - Compliance with Italian Decree DPR 554/99 amended by Art 2 of DPR 412/00 52.225-4002 - Anti Mafia Law These clauses are stated in full text below: 52.000-4090 S.O.A.s-Qualification of Firms Pursuant to Italian Decree DPR 00/34 (Decreto Del Presidente Della Republica, January 25, 2000, No. 34.) (APR 2009) Offerors must comply with the requirements of D.P.R. n. 34 of 25 January 2000 and subsequent amendments. Failure to furnish the documents required by this solicitation with your proposal may be cause for elimination of your proposal from competition. Firms must furnish any additional back-up documentation requested by the contracting officer within the time period specified by the Contracting Officer. Failure to provide supporting documentation will subject the Contractor to possible termination for default of the contract. In the event the contract is terminated for default, the offeror is liable for any cost of acquiring the work that exceeds the amount of its offer, and the bid guarantee or letter of assurance or guarantee, if required under the solicitation, is available to offset the difference. Offerors must provide their S.O.A. reflecting eligibility to bid on the work solicited, by work qualification and classification. The prevailing work categories and classification are described in the pre-solicitation notice and in this solicitation. These work categories and classifications will also be described in individual task order requests for proposal and the S.O.A. demonstrating eligibility will be required to be submitted with the task order proposal. (End of Clause) 52.000-4091 Compliance with Italian Decree DPR 554/99, as amended by Article 2 of DPR 412/00 (2009). All offerors must demonstrate compliance with DPR 554/99, notably Article 75, as amended by DPR 412/00, Article 2 and compliance with Article 38 of DPR 163/06 within the timelines specified by the contracting officer. Offerors will: a) self-certify the non-existence of the situations at Art. 75 of DPR 554/99 as amended by Art. 2 of DPR 412/00 and Article 38 of DPR 163/06. and b) comply by providing a "Certificato d' Iscrizione al Casellario Giudiziale" for each member of the company and a "Documento Unico di Regolaritá Contributiva" pursuant to Art. 2 of Legislative Decree n.210/2002 converted into law n. 266/2002. (End of Clause) 52.225-4002 Anti- Mafia Law Italy (2015) Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No. 629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror. Subcontractors: ALSO, the Offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The Offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the Offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company. Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract. Documentation Requirements: Contractor shall submit the following: The offeror SHALL include a "self-declaration" in accordance with DPR 445/2000, stating that "pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract." This documentation is to be included in your Price Proposal. (End of Clause) NOTICE TO JOINT VENTURES: A provision entitled "Joint Venture Agreements" will be included in the future solicitation for this project. It states that the Joint Venture Offerors shall, with their proposal (not now) furnish an Italian notarized legal document ("Mandao") that establishes the Joint Venture. The language of this provision is included below for information: Joint Venture Offerors shall, with their proposal furnish an Italian notarized legal document ("Mandato") that establishes the Joint Venture. The Joint Venture Agreement shall take effect upon the submission of the proposal and remain irrevocable until one year (1) year after the work has been finally inspected and accepted by the Government. The Joint Venture Agreement shall be a legally-binding agreement signed by authorized officers from each of the firms comprising the Joint Venture, and at a minimum include the following: a) Name of firms that form the Joint Venture and the name of the Joint Venture; b) Name of the chief executive officer signing on 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 officers signing on behalf of each party. g) Relationship of the JV in terms of ownership percentages, capital contribution, profit distribution/loss sharing; bonding responsibilities; party having overall control, etc. h) The JV agreement must show that joint venture members are jointly and severally liable for any obligations under the contract. If the Joint Venture is not organized according to Art 95 of Law 554, 21 December 1999, the U.S. Government reserves the right to review the actual Joint Venture agreement to determine its basis and compliance with applicable laws. The JV agreement presented to the Government must constitute the entire agreement between the parties concerning execution of this contract. Any side agreements, silent consortiums or other memoranda not presented to the Government with the proposal will have no validity in the execution of this contract and shall not constitute a defense against performance of contract requirements by JV partners. NOTICE ABOUT SUBCONTRACTING: If the Offeror wishes to perform some of the work using subcontractors (subject to the 25% prime contractor work requirement stated in FAR 52.236-1, Performance of Work by the Contractor), the prime contractor may use subcontractors of any nationality providing they submit commitment letters from those subcontractors (see attachment for sample commitment letter templates). The contractor may not change subcontractors without the Contracting Officer's approval. Approval will not be given unless the contracting officer, in the exercise of his/her sole discretion, considers the proposed substitute to be equal in all respects to the originally proposed subcontractor and the contracting officer considers the substitution to be in the best interests of the Government.