Pre_Bid_Meeting_Minutes Concord Revised 2 12 10.doc

PRE-PROPOSAL CONFERENCE

GS-01P-10-BZ-C-0013

DESIGN-BUILD OF A BUILDING INTEGRATED PHOTOVOLTAIC ROOF AT

CLEVELAND FEDERAL BUILDING AND AN EXTENSIVE VEGETATIVE ROOF

AT THE RUDMAN FEDERAL COURTHOUSE

LOCATED IN CONCORD NH.

February 10, 2010

OPENING

Kathleen Brock, Contract Specialist, opened the meeting with the introduction of the Solicitation Number and Title. The GSA staff introduced themselves, their titles and a brief description of their roles in the project.

CONTRACTORS: PLEASE SIGN THE “SIGN IN” SHEET provided.

The following GSA personnel were in attendance:

Donna Maffeo GSA Contracting Officer (CO) donna.maffeo@gsa.gov Kathleen M. Brock GSA Contract Specialist kathleen.brock@gsa.gov Patrick Ross GSA Project Manager patrick.ross@gsa.gov Charles Dockham GSA Property Manager charles.dockham@gsa.gov Brian Wong GSA Mechanical Engineer brian.wong@gsa.gov Sean Orgel GSA Architectural Engineer sean.orgel@gsa.gov Jeff Schetrompf GSA Electrical Engineer jeffrey.schetrumpfy@gsa.gov Waikit Lui GSA Mechanical Engineer waikit.lui@gsa.gov Noretta Paja GSA Electrical Engineer noretta.paja@gsa.gov The purpose of this meeting is to gain a better understanding of the Solicitation requirements. A copy of the meeting minutes and attendance sheet will be published on FedBizOpps by Feb 12, 2010. All discussions held today do not change the Solicitation. The questions and answers are provided as information only and do not authorize changes to the solicitation. Only changes made by the issuance of an amendment are to be considered in preparing your proposal.

Please note: It is anticipated that there will be Amendments to this Solicitation.

Proposals should be delivered in a timely manner to the concierge at the Reception Desk on the 11th floor addressed to the Contract Specialist in the T.P. O’Neill Jr. Federal Building in North Station (Boston, MA). That information is provided on the Solicitation cover sheet. Proposals received after 2:00 P.M. on March 3, 2010 will be considered LATE PROPOSALS and may not be accepted.

IF YOU HAVE SPECIFIC QUESTIONS REGARDING THE PROJECT, DRAWINGS OR SPECIFICATIONS, PLEASE PUT THOSE QUESTIONS IN WRITING AND SEND THEM BY E-MAIL CARE OF THE CONTRACT SPECIALIST (KATHY BROCK) WITH A COPY (PER THE SOLICITATION) TO THE CONTRACTING OFFICER

THE SOLICITATION GSA IS UTILIZING FOR THIS ACQUISITION IS A NEW FORMAT. PLEASE NOTE THAT MANY OF THE CLAUSES IN BOTH THE SOLICITATION AND AGREEMENT ARE SUPPLEMENTED WITH ADDITIONAL REQUIREMENTS OR DETAIL.

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated. This is a NEW CONTRACT TEMPLATE which will be utilized going forward in all construction contracts.

THE AGREEMENT

I.A PROJECT SUMMARY OF THE WORK

Cleveland Federal Building:

The Design Builder shall design and install a rooftop mounted thin film or crystalline photovoltaic grid-tied Building Integrated Photovoltaic (BIPV) system on approximately 4,500 square feet. The power output of the system will be determined by the technical requirements in this scope and the type of product utilized for this BIPV based on the available square footage, a minimum of a 30kW DC system is required with an estimated 60kW plus potential. The Design Builder must provide GSA with a 20 year all-inclusive, comprehensive warranty for the photovoltaic system. The roof must be guaranteed against leaks, detachment from the building and all other failures related to material flaws or installation errors.

Rudman Federal Courthouse:

The Design Builder shall design and install an Extensive or Modular-Tile Vegetative Roof System. The total rooftop area is approximately 19,600 square feet. Extended operations and maintenance agreements for plantings shall be sought. The roof shall be an Energy Star rated cool roof on the main roof levels (connecting roof) of the courthouse which integrates directly into the roofing system. On the Rudman roof, the planted roof shall also include edging components, walkway matting, multi tired drains, and other necessary elements to provide for a complete system. The planted roof shall be warranted as a complete roofing system. As such the waterproofing warranty will include all components of the waterproofing, roofing, roofing accessories and planted roof system. The Design Builder must provide GSA with a 20 year all-inclusive, comprehensive warranty for the vegetative system.

I.B THE CONTRACT (page 2)

The estimated award date is 5/26/2010 and the estimated Notice to Proceed date is 6/27/2010. The Small Business Standard Size for this procurement is $14.0 million and the NAICS code is 238160.

I.C Period of Performance (page 3)

The Contractor shall commence performance of the Work within 14 calendar days after the Contractor receives the Notice to Proceed (NTP). Substantial completion is 270 days and Contract Completion shall be 60 calendar days after Substantial Completion. Substantial completion is defined on page 10 in section III.A.8 of The Agreement.

I.D WORK CONDITIONS/SITE REQUIREMENTS (page 3) I.E AUTHORIZED REPRESENTATIVES (page 3)

I.F American Recovery and Reinvestment Act of 2009 (ARRA)

This project will be entirely funded by ARRA Funds. There are special reporting requirements and invoicing requirements for the treatment of ARRA funds. There is a possibility that Options 1 and 2 may be exercised either at the time of award or within 90 days of award.

II Contract Prices (page 5) Contract prices shall include all costs necessary to complete the work. FAR 52.236-3 Site Investigations and Conditions Affecting the Work (APR 84) will be included by reference.

THERE ARE NO PROVISIONS FOR LIQUIDATED DAMAGES INCUMBENT ON WORK PURSUANT TO THIS CONTRACT.

III TERMS AND CONDITIONS

III.A.1 Commencement, Prosecution and Completion of Work

The Contractor shall commence performance of the Work within 14 calendar days after the Contractor receives the Notice to Proceed (NTP). The Contractor shall not commence the Work until the Contracting Officer has issued NTP. The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion and Contract Completion, as defined in III.A.8 (a), of the Work within the time specified in Paragraph I.C of the Agreement

III.A.2 Contractor Responsibility (page 6) For the purposes of FAR 52.236-1, the Contractor shall perform at least ten percent of the Work.

III.A.3 Contractor Management of Personnel (page 7) The supplemented requirement is for “sufficient” superintendence of work when construction is performed.

III.A.4 CPM Project Schedule (page 7) The Contractor shall use a Critical Path Method ("CPM") Project Schedule to plan, coordinate, and perform the Work.

III.A.5 Extensions of Time. (page 9) Time extensions will be considered on a case by case basis in accordance with FAR 52.211-13, Time Extensions (SEP 00) and as supplemented in the contract.

III.A.6 Interpretations of Specifications and Drawings

FAR 52.236-21, Specifications and Drawings for Construction (FEB 97), and GSAR 552.236- 77, Specifications and Drawings (SEP 99), are supplemented as follows:

Different requirements within the Contract Documents shall be deemed inconsistent only if compliance with both cannot be achieved.

Unless otherwise noted, the drawings shall be interpreted to provide for a complete construction, assembly, or installation of the Work, without regard to the detail with which material components are shown in the drawings.

III.A.7 Submittals (page 9) III.A.8 Substantial Completion and Contract Completion (page 10) Note: This Solicitation defines both terms.

The Work shall be deemed "Substantially Complete" if and only if the Contractor has completed the Work and related Contract obligations in accordance with the Contract Documents, such that the Government may enjoy the intended access, occupancy, possession, and use of the entire Work without impairment due to incomplete or deficient work, and without interference from the Contractor's completion of remaining work or correction of deficiencies in completed work. In no event shall the Work be deemed Substantially Complete if all fire and life safety systems are not tested and accepted by the Authority Having Jurisdiction, where such acceptance is required under the Contract.

The Contract is complete (Contract Completion) if and only if the Contractor has completed all Work and related Contract obligations, corrected all deficiencies, and complied with all conditions for final payment.

III.A.9 Use and possession prior to substantial completion. Finality of contract modifications (page 11) III.A.10 Finality of Contract Modifications (page 11) III.A.12 Insurance Requirements (page 11) A certificate of insurance must be presented to the Contracting Officer within fifteen (15) calendar days after award of the contract.

Note: The Contract specialist emphasized that the insurance requirements have been increased from dollar values utilized prior to January 1, 2010. Please review these requirements carefully.

III.A.13 Order of Precedence (page 12) Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved.

III.A.14 Administrative Matters (pages 13-16) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings.

For contracts funded wholly or in part by the American Recovery and Reinvestment Act of 2009 (ARRA), all invoices for work components or Contract Line Items (CL INs) identified as ARRAfunded must cite the work component or CLIN to enable GSA to meet its reporting obligations under ARRA.

III.A.14 (e) Security Clearances (page 14) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances.

All personnel performing work under the Contract on the Project site must obtain a NACI pre-favorable clearance before they will be granted access to the site.

To obtain an HSPD-12 NACI clearance, Contractor shall submit for all such personnel fingerprints on Form FD258 and a completed Contractor Information Worksheet (CIW).

In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12 (HSPD-12).

Information concerning these requirements can be found at: www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSABASIC&contentId=25562&noc=T Note: The biggest delay in clearances is responding to E-QIP invitations.

Note: Employees of contractor, subcontractors can apply for limited NAC clearance if they will not be onsite for more than 180 days. See Division 1 Specifications (Volume 2) section 01593 for details for compliance.

Note: Finger Print Cards supplied by GSA are the only ones that can be used as part of the clearance process. They will be issued upon award, so that the successful offeror can initiate the clearance process as soon as possible.

Upon award, the GSA Security Office in Boston (MA) will contact the contractor’s POC to assist and/or help expedite the entire clearance process.

III.A.14 (f) Sensitive But Unclassified (SBU) Building Information. (pages 14-15) All offerors shall pay special attention to safeguard SBU information and comply with this requirement.

CONTRACTORS SHOULD BE AWARE THAT THEY ARE RESPONSIBLE FOR TRACKING DISTRIBUTION OF ALL SBU DOCUMENTS EVEN IF DISTRIBUTED BY THEIR SUBCONTRACTORS. A LIST OF SUCH DISTRIBUTION MUST BE PROVIDED TO GSA AT CONTRACT COMPLETION.

SBU information can be downloaded from FedBizOpps (specifications and drawings, for example). Contractors must be registered in the Central Contractor Registry and have a DUNS number to do so. Subcontractors should supply the prime contractor with their business license(s).

III.B.1 Contract Clauses Incorporated By Reference (page 6) Most of the construction contract clauses have been incorporated by reference. Particular attention should be given to the following:

FAR Clause 52.236-1 Performance of Work by the Contractor reads in part the at least 10% of the work shall be performed by the prime contractor.

FAR Clause 52.228-15, Performance and Payment Bonds-Construction upon award are required provide performance and payment bonds for 100% of the contract cost.

III.B.1 (d) ARRA Requirements

The Contractor shall comply with all ARRA requirements contained in the contract. There are special reporting requirements and invoicing requirements for the treatment of ARRA funds.

Note: Recovery Act reports will be made quarterly to www.federalreporting.gov.

III.B.2 Clauses Incorporated By Full Text (pages 22-27) III.B.3 Additional Clauses (pages 28-29) Note: These clauses are of the same force as if they were incorporated in full text.

III.B.4 Sub-Contract Requirements

The Contractor is advised that many FAR, GSAR and other Agreement clauses are required to be flowed down to subcontracts. Clauses containing flow down requirements include, but may not be limited to, those listed below. The Contractor is responsible for ensuring that all necessary flow-down clauses are included in all subcontracts.

THE SOLICITATION

STANDARD FORM 1442, SOLICITATION, OFFER AND AWARD Supplies/Services Schedule (VOLUME 1) Provide only lump sum or unit prices on bid sheet. Do not total line items and do not provide a total price. Do not qualify proposals. Do not provide additional items. Leave Block 17 on the SF 1442 blank. CONTRACTORS SHOULD BE PARTICULARLY CAREFUL TO ACKNOWLEDGE EACH AND EVERY AMENDMENT TO THE Solicitation.

I.A The Solicitation and Contract

This Solicitation is a open to both large and small businesses under the Small Business Competitiveness Demonstration Program. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Offers conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth therein.

The Solicitation is not a part of the Contract. An Offeror’s proposal is not part of the Contract except to the extent expressly incorporated therein by the Contracting Officer. The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B List of Solicitation Documents

The Solicitation Documents are comprised of:

· The Solicitation

· Offeror Representations and Certifications Form (C221)

· Standard Form (SF) 1442 – Solicitation Offer and Award

· The Agreement

· The Statement of Work, Specifications, Drawings, and Exhibits

I.C Authorized Representatives (pages 2-3) Authorized Representatives for this Solicitation are Kathleen Brock and Donna Maffeo.

I.E Budget Amount The Design Build Budget amount for the Project is $2,350,000.00.

I.F FAR 52.228-1. Bid Guarantee (SEP 96)

A bid bond is required for this solicitation and must be submitted on the correct form for acceptance.

Failure to submit a Bid Bond will result in a rejection of the bid. Contractors should utilize Standard Form 24 contained in Volume 3 of the Solicitation. 20% of the bid price or $3 M whichever is less.

I.H Receipt of Proposals Proposals should be delivered to the concierge at the receptionist desk on the 11th floor (address follows). Proposals must be received no later than 2:00 pm on March 3, 2010 to the following address:

Thomas P. O’Neill, Jr. Federal Building

10 Causeway Street, 11th Floor

Boston, MA 02222-1077

ATTN: Kathleen M. Brock Proposals sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of proposals. Please allow enough time to enter the building and building security on the day proposals due.

Faxed proposals will not be accepted.

II.A Proposal Contents Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

II.A.1. Both Price and Technical proposals in separate volumes (One original and 4 copies) II.A.2. Standard Form 1442 with acknowledged Amendments on copies of SF 30s attached (block 17) II.A.3. Representations and Certifications (C221) II.A.4. Bid Guarantee, using SF 24

II.A.5. GSA Form 527 – Contractor’s Qualification and Financial Information II.A.6. Contractor Responsibility Questionnaire (Past Performance -- References) II.A.7 Small Business Subcontracting Plan – if applicable II.B Price Proposal Contents: The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form, per the schedule, page 3 of the SF 1442. The SF 1442 must be fully executed by the Offeror.

Qualifications, Exclusions and Conditions: If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions. See page 5 of 26 of the Solicitation.

Small Business Competitiveness Demonstration Program:

This procurement is being made under the Small Business Competitiveness Program. This program was established by the Small Business Competitiveness Demonstration Program Act of 1988, Public Law 100-656 (15 U.S.C. 644 note). The program is implemented by a joint OFPP and SBA Policy Directive and Implementation Plan dated May 25, 1999. The program consists of two major components --

(a) Unrestricted competition in four designated industry groups; and

(b) Enhanced small business participation in 10 agency targeted industry categories.

III.A. General Provisions (pages 13-15)

Notice to Small Business Firms: A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.B.1 Instructions to Offerors and Preparation of Proposals (pages 15-19) Requirements for “Joint Ventures”(page 13)

III.B.4. FAR 52.216-1. Type of Contract. (APR 84)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

III.B.5. FAR 52.222-5. Davis-Bacon Act—Secondary Site of the Work. (JUL 05)

The published Wage Decision has been updated recently – January 22, 2010.

III.B.7. FAR 52.233-2. Service of Protest (SEP 06) (page 21) III.B.8. FAR 52.252-1. Solicitation Provisions Incorporated by Reference (pages 21-22) IV.D. American Recovery and Reinvestment Act of 2009

IV.D.1. This Contract is funded in whole by the American Recovery and Reinvestment Act of 2009 (ARRA).

IV.D.2. The extent of ARRA coverage is set forth in Paragraph I.F. of the Agreement.

V.

Method of Award

V.A Evaluation of Proposals

The Government will award a contract resulting from this Solicitation to the Offeror whose proposal is conforms to the Solicitation and represents the best value for the Government.

In addition to Total Evaluated Price, the following non-price factors shall be used to evaluate offers:

1.

Past Performance on Similar Projects

2.

Key Personnel Qualifications

3.

Project Management Plan and Delivery Plan

4.

Design Development

Technical factors are significantly more important than price.

V.B Determination of Responsibility

V.B.1. In order to be considered responsible, an Offeror must demonstrate that it meets the requirements of FAR 9.104-1. The Contracting Officer's determination of an Offeror's responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer, and is independent of the evaluation of proposals set forth herein.

V.F Total Evaluated Price

Total Evaluated Price shall be calculated using the prices indicated in the Price Proposal, using the following formula:

The sum of the Base Bid, unit price given for minor roof repairs (Line Item 0004) and all Options. That is Line Items 0001 through 0006

AMENDMENTS

If there are any Amendments, they will be posted on FedBizOpps as soon as available. GSA anticipates an amendment to clarify certain technical factors in the Solicitation.

WORKING HOURS

The normal working hours for this contract shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized by the Contracting Officer.

QUESTIONS AND ANSWERS

Questions and Answers will be a separate document, if not required to become part of the Amendment.

1. The Rudman Federal Courthouse (blt 1996) is the newer of the two federal buildings.

2. The Staging area for both cranes and dumpsters will be behind the Cleveland Building in the parking lot. There are some underground steam lines in the front of the “Rudman” building which preclude staging a crane there. Arrangements have been made for Vehicles now parked there to have alternate parking during the project.

3. Coordination with the Project Manager and the Property Manager is critical due to noise restrictions between certain daytime hours (affects electrical tie-ins and shut offs as well as debris removal and crane lifts). Some weekend work may be required. Court schedules are customarily between 9:00 AM and 3:00 PM daily Monday through Friday.

4. Division 1 Specifications (01543) relative to “escorting” of subcontractors are being clarified with officials in Boston (MA.

5. Equipment on Roofs: Satellite Dishes and Antennas—Contractor must coordinate any work on these with utility or service providers. A primary vendor list will be provided. In addition, a forthcoming list will itemize any non-functional structures or equipment to be removed from the roofs.

6. The Price and technical evaluation process is, first, to review technical proposals and, then, to review price proposals, determine a competitive range.

7. At this time, the “Rudman” window washing system is being used.

8. Contractors should comply with all OSHA requirements.

9. Once security clearances are obtained, contractors will have access to certain routes and elevators inside the buildings.

10. GSA has set “targets” for the DESIGN/BUILD project for insulation of the roofs as R-50. The current r-value of the “connector” roof is estimated at R-13.

11. Contractors should respect the privacy of tenants in the building at all times, for example, when working around ‘skylights” that cover law libraries and/or court areas.

CLOSING

Please remember that nothing stated here today would bind the government unless it is incorporated into the solicitation by a written amendment.

All questions should be sent to Kathleen Brock via e-mail to kathleen.brock@gsa.gov OR Donna Maffeo at donna.maffeo@gsa.gov “Thank you all for coming. If you have not already done so, please make sure that you sign-in. A list of attendees will be included in the posted meeting minutes.”