Vol 1.pdf

PROPERTY OF THE U.S. GOVERNMENT - FOR OFFICIAL USE ONLY

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U.S. General Services Administration

SOLICITATION AND AGREEMENT FORMS

SOLICITATION NO: GS-01P-10-BZ-C-0013

PROJECT: AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

DESIGN-BUILD OF A BUILDING INTEGRATED

PHOTOVOLTAIC ROOF AT CLEVELAND FEDERAL BUILDING

AND AN EXTENSIVE VEGETATIVE ROOF AT THE RUDMAN

FEDERAL COURTHOUSE IN CONCORD NH.

552.219-71 Notice to Offerors of Subcontracting Plan Requirements. (JUN 05)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment.

Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $500,000 ($1,000,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

Volume I of III

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PLANS,

OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED

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THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THIS SOLICITATION/ CONTRACT THAT ARE

NOT REQUIRED BY REGULATION HAVE BEEN APPROVED BY THE OFFICE OF MANAGEMENT AND BUDGET

PURSUANT TO THE PAPERWORK REDUCTION ACT AND ASSIGNED OMB CONTROL NO. 3990-0163.

GSA Public Buildings Service US General Services Administration 10 Causeway Street New England Region Boston, MA 02222 North Service Center www.gsa.gov

TABLE OF CONTENTS

This Table of Contents is for convenience only. Its accuracy is not guaranteed and it is not to be considered as part of the specifications. In case of a discrepancy between the Table of Contents and the Specification, the Specification shall govern.

CONTENTS PAGES

Volume I

Solicitation 26 pp

Solicitation, Offer and Award (Standard Form 1442) 3 pp

Agreement 31 pp

Wage Determination 4 pp

Posted Separately:

Pre-Proposal Conference Letter

Solicitation

Design Build Contract - The Solicitation

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Table of Contents

I. General Information

A. The Solicitation and the Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee G. FAR 52.236-27 Site Visit - Construction H. Receipt of Offers

II. Proposals

A. Contents of Proposal B. Price Proposal C. Technical Proposal D. Other Information to be submitted with Proposal E. Requirements for Joint Venture Offerors

III. Solicitation Provisions

A. General Provisions B. FAR/GSAR Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions

A. Buy American Act B. Buy American Exceptions C. Small Business Subcontracting Plan D. American Recovery and Reinvestment Act of 2009 E. Additional Provisions

V. Method of Award

A. Evaluation of Offers B. Determination of Responsibility C. Price Realism D. Price Reasonableness E. Unbalanced Prices F. Total Evaluated Price G. Non-Price Factors H. Evaluation of Joint Venture Offerors

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I. General Information

I.A. The Solicitation and Contract

I.A.1. This Solicitation sets forth requirements for proposals for a Contract to design and construct the Project described in the Solicitation Documents. Proposals 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 herein.

I.A.2. Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein.

I.A.3. 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:

1. The Solicitation

2. Offeror Representations and Certifications Form (C221)

3. Standard Form (SF) 1442 – Solicitation Offer and Award

4. The Agreement

5. The Statement of Work, Specifications, Drawings, Exhibits, and other Attachments to the Agreement

I.C. Authorized Representatives

The following individuals are designated as the authorized GSA representatives under this Solicitation:

I.C.1. Contracting Officer

Name: Donna M. Maffeo Address: GSA North Service Center Branch 1PSK 10 Causeway Street, 11th

Floor, Boston, MA 02222-1077 Telephone: 617-565-6012

Email: donna.maffeo@gsa.gov

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I.C.2. Primary Point of Contact

Name: Kathleen M. Brock, Contract Specialist Address: GSA North Service Center Branch 1PSK 10 Causeway Street, 11th

Floor, Boston, MA 02222-1077 Telephone: 617-565-8283

Email: kathleen.brock@gsa.gov

I.D. Pre-Proposal Conference

I.D.1. A pre-proposal conference regarding this Solicitation is scheduled as follows:

Date: February 10, 2010 Time: 10:00 A.M. EST

Location: Rudman Federal Courthouse Building, 55 Pleasant Street, Concord, N.H.

I.D.2. Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.E. Estimated Price Range or Budget Amount

The Design/Build budget amount is $ 2,350,000.00

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

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

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(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.G. FAR 52.236-27. Site Visit - Construction (FEB 95)

I.G.1. The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

I.G.2. Site visit(s) will be held at the following date(s) and time(s):

Date: February 10, 2010 Time: 10:00 A.M.

For further information, please contact:

Name: Charles Dockham, Property Manager Address: Cleveland Federal Building

Telephone: 603-225-1615 Email: charles.dockham@gsa.gov

I.H. Receipt of Offers

I.H.1. In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 2:00 P.M. Local Time on the following date and at the following address:

Date: March 3, 2010 Address: GSA North Service Center Branch 1PSK 10 Causeway Street, 11th Floor, Boston, MA 02222-1077

ATTN: Kathleen M. Brock, Contract Specialist

I.H.2. Offers 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 offers.

I.H.3. Offers sent by United States Mail shall be deemed timely if delivered to the address of the office designated for receipt of offers on or before the date established for receipt of offers.

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PROHIBITION AGAINST SUBMISSION THROUGH FACSIMILE EQUIPMENT

This solicitation DOES NOT authorize the transmittal of bids, modifications, or withdrawals of bids through facsimile equipment. This prohibition against facsimile transfer refers to messages transmitted via facsimile equipment directly to a GSA office or facility. It does not include messages sent to commercial carriers for delivery to the office designated for receipt of bids.

II. Proposals

II.A. Proposal Contents

Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications (C221)

4. Bid Guarantee, using Standard Form 24

5. Contractor Qualifications and Financial information, using GSA Form 527

6. Small Business Subcontracting Plan (Large Businesses only)

7. Architect-Engineer Qualifications, using Standard Form 330

8. Contractor’s Past Performance References, using Past Performance Questionnaire(s)

II.B. Price Proposal

II.B.1. 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 SF 1442 form. Also Indicate the Base Contract Price in Block 17 of the SF 1442, which must be fully executed by the Offeror.

II.B.2. 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.

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II.B.3. Prompt Payment Discount

Indicate in Block 13 of the SF 1442 any offered prompt payment discount. Offerors are cautioned against indicating terms requiring payment of proposed prices sooner than the time required in the Contract, as such terms shall be deemed exceptions to the requirements of the Contract.

II.C. Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors described in Section V.G.

II.C.1. Past Performance on Similar Projects

This factor considers the past performance of the Offeror and proposed subcontractors for key trades. The Offeror shall submit references (a person or persons who may be contacted regarding the quality of the Offeror’s past performance) for comparable projects substantially completed within the last five (5) years. References must be submitted for the projects presented in relation to the “Past Performance on Similar Projects” factor. The Offeror must provide the name, title, company name, current address, current phone number, and current fax number for each reference. The Past Performance Questionnaire will be used to annotate contact and responses to verify information provided in relation to the Offeror’s past performance.

Past performance should address the extent of the offeror’s proposed firms’ demonstrated past experience in carrying out similar roof replacements and PV/Vegetative roof installations. Projects that involved only a roof replacement or only a PV/Vegetative installation are not considered to be similar projects. The offerors are instructed to submit past performance information on separate distinct projects.

Offerors providing projects that exceed the stated requirements in terms of size and complexity may receive a higher rating. The Government may also consider any information obtained from past performance evaluations currently on file as part of their overall evaluation of this factor.

For each project, offerors will be required to provide one owner evaluation. Instructions and procedures for the submission of owner evaluations are provided in Volume 3 this RFP and will ensure utmost integrity in the submission of these documents. Failure to submit required owner evaluations may result in a lowered technical score for this evaluation factor.

For each project identified, offerors will be required to provide the following information for each project:

Up to date contact information of the property owner, including name, telephone number, email address and mailing address Name and location of the project Description of the Work (system type, size, output etc.)

Date of award and date of final completion Construction cost at award

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Construction cost at completion Any special features of the project Total System Warranty Agreement-via single source manufacture Any existing Operations and Maintenance agreements

The following past performance information must be submitted:

- Vegetative Roof

Each offeror must provide a list of two projects representing full roof replacement with a new vegetative roof installation within the past five years, one of which demonstrates experience with a (Extensive or Modular Tile) non-unitized green roofing system and both of which demonstrate the construction experience working on a high rise office building defined as 5 stories or taller existing structure.

- B IP V R oo f

Each offeror must provide a list of three projects within the past five years that demonstrates the firm’s experience working with grid-tied BIPV flexible, thin-film PV panels or ballasted crystalline panel system and associated technology on a minimum of 30kW (- 60kW) DC rated system per project in a high rise office building defined as 5 stories or taller. Offerors providing projects that exceed the stated requirement may receive a higher rating.

- General Contractor (if applicable)

If multiple contractors are being utilized to fulfill the requirement it is necessary for the offeror to detail which contractor is acting in the role of the General Contractor and which contractor(s) are acting in the role of Subcontractors.

(a) For the contractor being identified as the General Contractor the offeror must provide a list of three projects within the past five years that demonstrates the firm’s experience on Design-Build projects managing at least three varied disciplines greater than or equal to $1 million. Offerors providing projects that exceed the stated requirement may receive a higher rating.

II.C.2. Key Personnel Qualifications

This factor considers the qualifications of the Offeror’s key personnel in providing similar construction and design services. The Offeror must demonstrate successful experience as a Design Build (DB) Contractor responsible for the construction of three (3) similar projects substantially completed within the past five (5) years as defined below. One similar project is defined as a project that is comparable in nature, type, and complexity as defined by the all of the following characteristics:

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Key Personnel of the Construction Team

For this procurement, Key Personnel of the Construction Team is defined as the individual serving the role of the Project Manager, the individual serving the role of the Quality Assurance / Quality Control (QA/QC) manager, the individual serving the role of Construction Supervisor and licensed/certified authorized manufacturers’ installers and commissioning/testing agents required to fully demonstrate the roofing system’s compliance with contract requirements and obtain necessary system warranty agreements per the technical requirements of the RFP.

This factor considers the education, training, qualifications, past performance and experience relative to the tasks they will be performing. Contractors will be requested to include any professional qualifications, specialized experience in this type of work, and the technical competence of the staff on similar projects. Each proposed team member will be evaluated based on GSA’s evaluation concerning the qualifications and experience to the proposed staff with similar roles and project experience as proposed on this project.

Resumes and qualifications of the individual serving the role of the Project Manager shall be submitted demonstrating experience of 3 projects exceeding $1 million within the past 5 years, 2 of which were Design Build projects.

Resumes and qualifications of the individual serving the role of Quality Assurance / Quality Control (QA/QC) manager shall be submitted demonstrating experience of 3 projects working with multiple disciplines within the past 5 years exceeding $1 million.

Certifications that proposed BIPV/Vegetative roofing systems shall be installed by licensed/certified personnel. Furthermore, proof of authorized manufacturer’s installers and independent commissioning/testing agents is required to fully demonstrate the roofing system’s compliance with contract requirements and obtain necessary system warranty agreements per the technical requirements of the RFP.

For each proposed individual, the offeror shall provide two professional references, including the following information:

Viable point of contact, email address and phone number Name, date and location of project experience referenced Description of the work Construction Value Title the individual held under the project

Key Personnel of the Design Team

The offeror shall identify the designer/architect of record and all consultants. Provide a one page listing of the designer of record and all consultants and identify design disciplines and design specialties provided by each firm, no additional supplemental information will be considered for evaluation. Key Personnel of the Design Team is defined as the lead designer for each component of the project. This factor considers the professional registration, licensure, education, training, qualifications, past performance and experience relative to the tasks they will be performing. Contractors will be requested to

GSA Contract No. GS-01P-10-BZ-C-0013 9 of 26 include any professional qualifications, specialized experience in this type of work, and the technical competence of the staff on similar projects and complexity of work in both scale and dollar amounts. The proposed team member will be evaluated based on GSA’s evaluation concerning the qualifications and experience to the proposed staff with similar roles and project experience as proposed on this project. Contractor’s designer/architect should submit information on GS 330 and addenda forms in Volume 3 of this RFP.

Vegetative Roof

Project Team Member’s Resume and qualifications – Successful green roofs require a combination of knowledge and expertise in the so-called ‘black arts’ and ‘green arts’.

The ‘black arts’ focus on the critical, non-living elements of a green roof assembly such as water proofing, structural engineering and project management, while the ‘green arts’ deal with the living architectural components such as water management, growing media, plants and maintenance. Proposed project team professionals shall effectively demonstrate the knowledge and expertise that encompass all of these disciplines.

Licensure or Certification such as Green Roof Professional Program Accreditation designation for the lead designer (project manager) or similar credentials for the vegetative roof shall be submitted as well as (registrations/licensure/certifications) for other key professionals; (i.e. structural engineer, architect, planted roof specialist, landscape roof installers, etc. Green Roof Professionals may come from any number of professional backgrounds, including architects, landscape architects, landscape designers, engineers, contractors, horticulturalists, manufacturers, and roofing consultants.

Proposed individual and team resumes must demonstrate past experience of a least two (2) full roof replacement projects with warranted extensive vegetative roof systems (fully designed) within the past 5 years. One of which shall demonstrate experience in providing full services balancing the necessary “Black Arts”- and “Green Arts” for installation of a non-proprietary vegetative system working on a roof area of similar size and scope (15,000 square feet) on an existing occupied structure.

PV Roof

Resume and qualifications of proposed individuals and team members: Members of the team may include but are not limited to a registered Architect, licensed Structural Engineer, licensed Electrical Engineer (experienced in PV design), and experienced (manufacturer authorized/certified) – roofing /grid-tied PV system subcontractors, (Professional registrations/licensure) of the lead designer and team members for the PV Roof shall be submitted demonstrating experience of 3 fully designed projects involving grid-tied flexible, thin film PV panels or ballasted crystalline panel system and associated technology within the past 5 years, working on a minimum range of 30kW - 60 kW DC rated system per

GSA Contract No. GS-01P-10-BZ-C-0013 10 of 26 project. One of the three projects shall include experience working on an occupied mid-high rise building defined as 5 stories or taller.

For each proposed individual, the offeror shall provide all professional credential registrations/licensure as well as two professional references, including the following information:

Viable point of contact, email address and phone number Name, date and location of project experience referenced Description of the work Construction Value Title the individual held under the project

Additional references may be contacted. Evaluators may consider performance on contracts that are not submitted by the Offeror if they have knowledge of contracts that are not listed, or if contracts not listed are discovered through interviews. The same basic questions will be asked on each reference contacted. Offerors are cautioned to submit accessible references. References that cannot be contacted and / or verified will not be considered.

II.C.3. Project Management Plan and Delivery Plan

The Project Management Plan considers the proposed plan and approach by providing an organizational chart specifically for this project on how it will be managed, maintained, and staffed. The offeror shall demonstrate that it has sufficient resources to provide all work and services described in the scope of work. The organizational chart will detail the relationships the proposed project team will maintain in meeting the requirements of the solicitation. The responsibilities and positions of the proposed team shall be discussed in complete detail. The offeror must demonstrate a structured organizational unit which details a comprehensive understanding of the government requirements and is so structured that teamwork will enhance the team’s ability to coordinate a project of this size and complexity. The discussion should include the team’s proposed overall organizational control addressing the design and construction aspects of this project.

Submission of Schedule and Completion Date based upon proposed Technical Solution:

The project is to be completed and ready for operation no later than 270 calendar days (approximately 9 months) from contract Notice to Proceed. The Contractor shall identify a firm delivery date within this time frame. The contractor shall provide an estimated schedule for the scope of work and technical requirements outlined in (Section 6 of statement of work) as part of the Request for Proposal and a revised estimated schedule after award of the contract at the kick-off meeting. The schedule is to include the submission dates outlined in Section 10 of the statement of work. The contractor is to incorporate meeting dates, review dates and submission milestones for their design into this schedule, as well as detailed, manufacturing, shipping and construction milestones.

The schedule must be approved by the GSA and will be incorporated into the contract requirements.

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II.C.4. Design Development

Design development considers how the offeror intends to meet the requirements for successful execution of the subject project. Offerors should briefly explain the general approach for addressing the requirements of the RFP by design discipline and should demonstrate understanding and compliance with the requirements. Submissions shall not exceed 12 written narrative pages and may also include up to three additional sheets of explanatory or concept drawings. Additional information will not be considered for evaluation. Design development shall include, but not be limited to:

Acknowledgement of detailed review of the RFP and full understanding of the following: (Including submission of required technical Information demonstrating a viable technical solution)

The Design Build Contractor must employ qualified personnel with prior experience with grid-tied BIPV roofs to execute in accordance with all applicable codes and standards the design and construction of the project as defined in the solicitation for this project. Members of the team may include but are not limited to a registered Architect, licensed Structural Engineer, licensed Electrical Engineer (experienced in PV design), and experienced (manufacturer authorized/certified) – roofing /grid-tied PV system subcontractors.

SMALL BUSINESS UTILIZATION

Offeror shall provide a subcontracting plan in accordance with the requirements of FAR 19.704. Small Business Offerors are not required to submit subcontracting plans.

(1) GSA is committed to supporting the Small Business Program. These commitments extend to Historically Underutilized Business Zones (HUBZone), Small Business (SB), Small Disadvantage Business (SDB), Women-Owned Small Business (WOSB), Veteran-Owner Small Business (VOSB), and Service Disabled Veteran- Owned Small Business (SDVOSB). Large business will be required to submit a subcontracting plan for this evaluation sub-factor. This subcontracting plan only applies to work performed in the United States and its possessions.

(2) GSA has established subcontracting goals of at least 37% of the subcontracted effort to small businesses. Of the total subcontracted effort, the targets are a minimum of 3% to HUBZone firms, 6% to SDB firms, 5% to WOSB firms, 5% to VOSB firms and 3% to SDVOSB firms.

(3) FAR 52.219-8, Utilization of Small Business Concerns states in part; “The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance.” If the Offeror does not intend to subcontract, provide a detailed explanation why subcontracting would not result in efficient contract performance.

SUBFACTOR – PAST PERFORMANCE IN UTILIZING THE SMALL BUSINESS

PROGRAM

Provide information on any awards you received within the past three years for outstanding support to HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms.

Include the total dollar value and the dollar value percentage of work (of total

GSA Contract No. GS-01P-10-BZ-C-0013 12 of 26 contract value) subcontracted to LB, HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms for each contract referenced in this proposal. If subcontracting was not used on submitted contracts, provide an explanation as to why for each category.

SUBFACTOR–PARTICIPATION OF SMALL BUSINESS IN THE PERFORMANCE

OF THIS CONTRACT

(A) Solicitation Submittal Requirements: Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor in your proposed Subcontracting Plan. Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor. State the extent of work, including type and percentages, you plan to subcontract to LB, HUBZone, SB, SDB, WOSB, VOSB, and SDVOSB firms, Small business Offerors should not submit subcontracting plans.

For evaluation purposes, key personnel qualifications are slightly less important than past performance on similar projects. The project management and delivery plan is slightly less important than key personnel qualifications.

Design development is slightly less important than project management and delivery plan.

II.D. Other Information:

Submission and Content of Proposals The purpose of these instructions is to provide guidance for preparation and submission of proposals. Each proposal shall be clearly and concisely prepared in writing and must include all information required by the solicitation. Each proposal shall identify name of offeror, date of submission and solicitation number. Telegraphic, facsimile, and telephone offers will not be accepted.

Proposal Arrangement:

Each proposal shall consist of two physically separate volumes, individually titled and numbered as stated below. Each volume shall contain one original and four copies.

Volume Number 1 (Technical Proposal):

All information addressing the offeror’s technical capabilities in each technical factor outlined in the preceding Section II.C. as well as all documents referenced in Section II.A.

Volume Number 2 (Price Proposal):

Standard Form 1442

II.D.1. Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal a completed set of Representations and Certifications on the form C221 in Volume 3 of this Solicitation. The Offeror shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database.

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II.D.2. Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract.

Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, points of contact, including names and telephone numbers, are required for all contracts listed.

II.E. Requirements for Joint Venture Offerors

II.E.1. All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.

II.E.2. An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members.

II.E.3. In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

II.E.4. Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture.

III. Solicitation Provisions

III.A. General Provisions

III.A.1. Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the Contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of Contract award.

III.A.2. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered within 15 calendar days. Therefore, prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.A.3. Notice to Small Business Firms

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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.A.4. Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will made available until after award except as provided by FAR 15.503.

III.A.5. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products.

Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction, FAR 223-2 encouraging procurement of biobased products and FAR 52.223-9 requiring estimates of percentages of recovered material content for EPA-designated items.

The GSA Affirmative Procurement Program (APP) was developed to fulfill the requirements of both the Resource Conservation and Recovery Act (RCRA) Section 6002 and Executive Order (EO) 13101, “Greening the Government Through Waste Prevention, Recycling and Federal Acquisition.” It ensures the purchase and use of "environmentally preferable" products and those containing recycled materials to the maximum extent feasible. The GSA APP applies to 100 percent of GSA purchases of EPA-designated CPG items for acquiring personal property, nonpersonal services (including construction), contractor operation of a Government-owned or -leased facility, contracts that provide for contractor or other support services at Government-owned or -operated facilities, and leasehold interests in real property. This APP applies to the acquisition and management of federally owned and leased space and the acquisition and management of all leased space and construction of new Federal buildings.

Comprehensive Procurement Guideline (CPG) items: These items are those manufactured from recycled materials and range from office products to construction materials. A complete listing of these items appears at http://www.epa.gov/cpg. GSA will also procure and use "environmentally preferable" products, especially cleaning products and paints and other chemicals with appropriate Volatile Organic Compound (VOC) content levels. Many of these are available at http://pub.fss.gsa.gov/environ.

III.A.6. Notice Concerning Preparation of Proposals

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Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.A.7. Bond Requirements

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance and payment bonds as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.A.8. Vendor Past Performance System

In evaluating Past Performance, GSA may use the Vendor Past Performance system (VPP). VPP is a system that collects, maintains, and disseminates contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15, to be sent to the Government's Past Performance Information Retrieval System (PPIRS).

The contractor will be required to use VPP when responding to Performance Evaluations.

III.A.9. Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information set forth in Section III.A. of the Agreement (Administrative Matters) as a condition of receipt of such information.

III.B. FAR/GSAR Solicitation Provisions

III.B.1. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition. (JAN 04)

(a) Definitions. As used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays.

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However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

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(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

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(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).

Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (f)(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

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