DB201A-DE-Bridging (Jul 2020) ME-Madawaska New LPOE (Amendment 0002) 2020 10 19.pdf

GSA Solicitation No. 47PB0020R005

Document: R1 DB201A–DE–Bridging / JULY 2020 (The Solicitation) Amendment 0002 Page 1 of 39

Design Build Contract for: New Land Port of Entry (LPOE) in Madawaska, ME

The Solicitation — Amendment 0002

Document: R1 DB201A–DE–Bridging / JULY 2020 Table of Contents (The Solicitation) Page 2 of 39

Table of Contents

I. GENERAL INFORMATION

I.A. The Solicitation and Contract I.B. List of Solicitation Documents I.C. List of Solicitation Attachments I.D. Authorized Representatives I.E. Pre-Proposal Conference I.F. Estimated Price Range I.G. Bid Guarantee

(1) FAR 52.228-1 Bid Guarantee (Sep 96) I.H. Site Visit

(1) FAR 52.236-27 Site Visit (Construction) (Feb 1995) I.I. Receipt of Offers

II. INSTRUCTIONS

II.A. FAR 52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN 2017)

III. GENERAL PROVISIONS

III.A. Availability of Funds III.B. Requests for Clarification or Interpretation III.C. Notice to Small Business Firms III.D. Information Concerning the Disclosure of Solicitation Results III.E. Affirmative Procurement Program III.F. Notice Concerning Preparation of Proposals III.G. Bond Requirements III.H. Contractor Performance Information III.I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building

Information III.J. Security Requirements

III.K. INFORM 2.0

III.L. Small Business Subcontracting Plan III.M. Requiring Certified Cost or Pricing Data ( 15.403-4) .............................................................. 16 FAR

IV. FAR/GSAR SOLICITATION PROVISIONS

.............................................................................................. 17 IV.A. Provisions Incorporated by Full Text

(1) FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Aug 1998)

(2) FAR 52.216-1 Type of Contract (Apr 1984)

(3) FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May

2014) 17

(4) FAR 52.233-2 Service of Protest (Sep 2006)

(5) GSAR 52.252-5 Authorized Deviations in Provisions (Deviation FAR 52.252-5)(Sep 1999)

IV.B. Buy American Exceptions ....................................................................................... 18 Requirements

(1) FAR 52.225-12 Notice of Buy American Requirement—Construction Materials Under Trade

Agreements (May 2014) IV.C. Project Labor Agreement (PLA)

(1) FAR 52.222-33 Notice of Requirement for Project Labor Agreement (May 2010) Alternate I (DEVIATION July 2011)

(2) The requirements of 52.222-33 Al I are supplemented as follows: .................................. 20 ternate IV.D. Additional Provisions

(1) FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999)

IV.E. Solicitation Provisions Incorporated by Reference

(1) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 98)

....................................................................... 22 (2) Federal Acquisition Regulation (FAR) provisions:

Document: R1 DB201A–DE–Bridging / JULY 2020 Table of Contents (The Solicitation) Page 3 of 39

V. PROPOSALS

V.A. Proposal Contents V.B. Proposal Format V.C. Representations, Certifications, and Other Statements of Offerors

(1) “First page of the proposal”

(2) Offeror Representations and Certifications

V.D. Technical Proposal

(1) EVALUATION FACTOR 1: Technical Qualifications

(2) EVALUATION FACTOR 2: Qualifications and Past Performance of Key Personnel

(3) EVALUATION FACTOR 3: Management Plan

(4) EVALUATION FACTOR 4: Project Labor Agreement

V.E. Price Proposal

(1) SF 1442

(2) Project Labor Agreement Identification

(3) Evaluation Preference for HUBZone Small Business Concerns

V.F. Additional Proposal Requirements

(2) Bid Guarantee

(3) Cost or Pricing Data

(4) Qualifications of Offerors

(5) Small Business Utilization (NOT APPLICABLE TO SMALL BUSINESS CONCERS)

V.G. Requirements of Joint Venture Offerors

VI. METHOD OF AWARD

VI.A. Evaluation of Offers VI.B. Non-Price Factors

(1) EVALUATION FACTOR 1: Technical Qualifications

(2) EVALUATION FACTOR 2: Qualifications and Past Performance of Key Personnel

(3) EVALUATION FACTOR 3: Management Plan

(4) EVALUATION FACTOR 4: Project Labor Agreement

VI.C. Total Evaluated Price

(1) FAR 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

.......................................................................................... 37 (Mar 2020) — Alternate I (Mar 2020) ................................................................ 38 (2) GSAR 552.236-74, Evaluation of Options (Mar 2019)

VI.D. Determination of Responsibility VI.E. Evaluation of Joint Venture Offerors

Document: R1 DB201A–DE–Bridging / JULY 2020 I. GENERAL INFORMATION (The Solicitation) Amendment 0001 Page 4 of 39

I. GENERAL INFORMATION

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to 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.

(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 by the Contracting Officer.

(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) Standard Form (SF) 1442 – Solicitation, Offer, and Award (the “solicitation cover sheet”) including any amendments issued (SF 30)

(3) Offeror Representations and Certifications Form

(4) The Agreement and Attachments to the Agreement

(5) The Statement of Work, Specifications, Drawings, and Exhibits

Davis-Bacon Act Wage Determination #: (6) ME20200006, Dated 9/18/2020

I.C. List of Solicitation Attachments

In addition to the Solicitation Documents identified in Section I.B above, the following documents are attached to the Solicitation:

(1) SBU Document Security Form

(2) SBU Disposal Confirmation

(3) PBS Past Performance Questionnaire

(4) Standard Form 24, Bid Bond

(5) GSA Form 527 – Contractor’s Qualification and Financial Information

(6) Model Subcontracting Plan Template (Updated Apr 2020)

Notice to Offerors: “GSA provides this model [subcontracting] plan as a tool. The contracting officer must adapt this model plan to fit the subcontracting situation. The plan is NOT a fill-in-the-blank form and the contracting officer must remove instructional language. This model does

(The Solicitation) Page 5 of 39 not establish minimum requirements for an acceptable plan. The model reflects objectives GSA encourages contractors to adopt. GSA expects offerors to thoroughly review the requirements set forth in FAR 19.704, Subcontracting Plan Requirements and FAR Clause 52.219-9, Small Business Subcontracting Plan before submitting their subcontracting plans.”

I.D. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Mark Rinaldi

Address: 10 Causeway Street, Suite 1100, Boston, MA 02222

Telephone: 617-366-9323

Email: mark.rinaldi@gsa.gov

Alternate POC Information

Name: Michele Valenza

Address: 10 Causeway Street, Suite 1100, Boston, MA 02222

Telephone: 857-383-8973

Email: michele.valenza@gsa.gov

I.E. Pre-Proposal Conference

See Section I.H, Site Visit, below.

I.F. Estimated Price Range

☒ The estimated price range for the Project is between $30,000,000 and $ . 50,000,000

☐ The Design/Build budget amount is $ .

I.G. Bid Guarantee

(1) 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—

(The Solicitation) Amendment 0001 Page 6 of 39

(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.

(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.

(End of clause)

I.H. Site Visit

(1) FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) — ALTERNATE I (FEB 1995)

(a) 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 or quoters are urged and expected to visit the location where the work will be performed.

(b) An organized VIRTUAL site visit has been scheduled for:

Date: Wednesday, October 14, 2020

Time: 9:00 A.M. – 12:00 P.M., Eastern Time

Via: Adobe Connect, URL address to be provided upon pre-registration (see below)

Additionally, the Office of Small and Disadvantaged Business Utilization (OSDBU) has organized a VIRTUAL Networking Meeting scheduled to follow the VIRTUAL site visit (approximately 12:30 P.M. – 3:30 P.M.)

(c) Pre-registration is required for all attendees through the form found at:

https://forms.gle/nm28aeN9K7hvRL4w8 https://forms.gle/8Gp6xdR9N7wZzL129. Upon registering, you should receive an email confirmation. Please check your Spam folder if you do not receive it.

(d) All registrations must be complete no later than 4:30 P.M., Eastern Time, on Friday, October 9, 2020. Pre-registration is required due to potential space limitations.

(e) All presentations will be recorded and along with any supporting documentation will be uploaded to https://beta.sam.gov/.

(f) For any registration related questions, or if you do not receive confirmation of registration within 24 hours, please email the Contracting Officer and Alternate POC at the emails addresses identified in Section I.D. above.

(The Solicitation) Page 7 of 39

I.I. Receipt of Offers

(1) Refer to the SF 1442 and Section IV.A FAR 52.215-1, Instructions to Offerors — Competitive Acquisition (Jan 2017), below, particularly paragraph (c), Submission, modification, revision, and withdrawal of proposals.

(2) As an addendum to FAR 52.215-1(c),

(a) Offerors shall submit one (1) original, two (2) hard copies of their proposal, and two (2) identical electronic copies provided on separate thumb drives.

(b) Email submissions will not be accepted.

(c) 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.

(d) Offers sent by United States Mail shall be deemed timely if delivered to the address of the government installation designated for receipt of offers on or before the date established for receipt of offers.

Document: R1 DB201A–DE–Bridging / JULY 2020 II. INSTRUCTIONS (The Solicitation) Page 8 of 39

II. INSTRUCTIONS

II.A. FAR 52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN

2017)

(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. 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

(The Solicitation) Page 9 of 39

(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.

(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.

(The Solicitation) Page 10 of 39

(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 disclose the data to the Government shall have the right to duplicate, use, or 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.

(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

(The Solicitation) Page 11 of 39 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.

(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 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.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

Document: R1 DB201A–DE–Bridging / JULY 2020 III. GENERAL PROVISIONS (The Solicitation) Amendment 0002 Page 12 of 39

III. GENERAL PROVISIONS

III.A. 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.B. Requests for Clarification or Interpretation

(1) Prospective offerors should make such requests not later than 4:30 p.m., Eastern Time, October 16 October 23, 2020. 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 do not warrant that all such requests will be answered after this deadline.

(2) All requests for clarification or interpretation must be made in writing and shall be sent via email to the Contracting Officer with copies to the Alternate POC, both identified in Section I.D.

(3) Each request must clearly state the Solicitation # and reference the Solicitation Document or Attachment’s name, a full breakdown of the section reference (e.g. volume – appendix/ attachment – division – section – subsection or by drawing sheet number – detail or other as appropriate), and page number with each individual request.

(4) The Government will not attribute requests to an offeror. When specific information would affect preparation of proposals is disclosed to one or more potential offerors, that information will be made available to all offerors as soon as possible, but no later than the next general release of information, in order to avoid creating an unfair competitive advantage. However, information provided to a potential offeror in response to a question may not be disclosed if doing so would reveal the prospective offeror’s confidential business strategy. This information is protect under FAR 3.104 – Procurement Integrity or FAR Subpart 24.2 – Freedom of Information Act.

(5) Should the answer to a question materially change the Solicitation, an amendment to the Solicitation will also be issued.

III.C. 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) (Small Business Administration). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.D. 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 Solicitation) Page 13 of 39 the information contained in such offers will be made available until after award except as provided by FAR 15.503.

III.E. 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 Clause FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

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.G. Bond Requirements

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond and payment bond 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.H. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

(2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS.

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

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(3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (CPARS Training) and updated as needed.

(4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

III.I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

Certain information contained in the Solicitation Documents may have been designated as Controlled Unclassified Information (CUI) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information. In particular, Prospective Offerors must complete the SBU Document Security Form (Request for Construction Documents Form B) and provide the information/documents required therein to the Contracting Officer.

In addition to the SBU Document Security Form (Request for Construction Documents Form B), prospective offerors are required to complete the U.S. Customs and Border Protection Non-Disclosure Agreement and return it to the Contracting Officer. Of the acknowledgement fields for Protected Critical Infrastructure Information (PCII), Sensitive Security Information (SSI), and Other Sensitive but Unclassified (SBU) information, requestors need only initial the box for SBU at this time.

III.J. Security Requirements

The applicable sections or complete version of the following policies has been incorporated in the Statement of Work, or equivalent, for any procurement that may involve GSA Information systems (unless a waiver is granted):

CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements

CIO 12-2018, IT Policy Requirements Guide.

(The Solicitation) Page 15 of 39

III.K. INFORM 2.0

(1) Overview of the IN-depth Feedback through Open Reporting Methods (INFORM 2.0) Process.

This solicitation is part of an initiative using the INFORM 2.0 process which is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM 2.0 seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM 2.0 process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting that is not required by statute or regulation. For purposes of this solicitation, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM 2.0 process as further discussed below.

(2) Detailed Description of the INFORM 2.0 Process.

(a) Component 1 - Notification of Award

After award and in accordance with any post-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerors (the Notification of Decision Statement (NODS)). The notices will contain:

● All information required by statute or regulation;

● An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the unsuccessful offeror’s strengths, weaknesses, risks, and deficiencies;

● An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price; overall technical ranking, rating, or score.

(b) Component 2 - Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NODS, an offeror may, but is not required to:

● Submit a written request to the contracting officer for an oral feedback meeting;

● Submit a list of written questions to the contracting officer; or

● Take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR 15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three day time period, the receipt of the NODS concludes the INFORM 2.0 process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer’s response to the written questions will conclude the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506.

If the offeror requests an oral feedback meeting, the offeror should provide the following information:

(The Solicitation) Page 16 of 39

● Primary point of contact;

● List of participants with titles (e.g., Senior Vice President);

● List of topics to assist GSA better prepare for the oral feedback meeting; and

● Preference for in-person, telephone, or web-based conferencing (if available).

(c) Component 3 - Oral Feedback Meeting

During the oral feedback meeting, GSA’s objectives are to provide:

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

● Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational;

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation.

(d) Component 4 - Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM 2.0 process and any corresponding postaward debriefing as further set forth at FAR 15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

III.L. Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9 , ☒ is ☐ is Alternate II not required to be submitted with initial proposals.

III.M. Requiring Certified Cost or Pricing Data ( 15.403-4) FAR

Certified Cost or Pricing Data are not expected to be required because an exception may apply, in accordance with FAR 52.215-but data other than certified cost or pricing data will be required

20, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010) — Alternate IV (Oct 2010).

If certified cost or pricing data are required, the Offeror shall submit a Certificate of Current Cost or Pricing Data to the Contracting Officer (and to have any subcontractor or prospective subcontractor submit to the prime contractor or appropriate subcontractor tier) in the format specified in FAR 15.406-2, certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price.

Document: R1 DB201A–DE–Bridging / JULY 2020 IV. FAR/GSAR SOLICITATION PROVISIONS (The Solicitation) Page 17 of 39

IV. FAR/GSAR SOLICITATION PROVISIONS

IV.A. Provisions Incorporated by Full Text

(1) FAR 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29

(AUG 1998)

(e) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978

(f) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

(2) FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

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

(End of provision)

(3) FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK

(MAY 2014)

(a)

(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)

(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(The Solicitation) Page 18 of 39

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(End of provision)

(4) FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in the provision “Receipt of Offers” in Section I (General Information).

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

(5) GSAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (DEVIATION FAR 52.252-5)(SEP

1999)

(a) Deviations to FAR provisions.

(1) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) provision by the addition of “(DEVIATION)” after the date of the provision, if the provision is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) provision that is published in the General Services Administration Acquisition Regulation by the addition of “(DEVIATION (FAR provision no.))” after the date of the provision.

(b) Deviations to GSAR provisions. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation provision by the addition of “(DEVIATION)” after the date of the provision.

(c) “Substantially the same as” provisions. Changes in wording of provisions prescribed for use on a “substantially the same as” basis are not considered deviations.

(End of provision)

IV.B. Buy American Exceptions Requirements

(1) FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of

(The Solicitation) Page 19 of 39 this solicitation entitled “Buy American-Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers.

The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

(2) For Buy American exceptions, if any, see the applicable Buy American clause in Section IV of the Agreement.

(The Solicitation) Page 20 of 39

IV.C. Project Labor Agreement (PLA)

This Project Labor Agreement section only applies to proposals submitted subject to the PLA requirements of this solicitation.

(1) FAR 52.222-33 NOTICE OF REQUIREMENT FOR PROJECT LABOR AGREEMENT (MAY 2010)

ALTERNATE (DEVIATION JULY 2011) I

(a) Definitions. “Labor organization” and “project labor agreement,” as used in this provision, are defined in the clause of this solicitation entitled Project Labor Agreement.

(b) The apparent successful offeror shall negotiate a project labor agreement with all labor organizations having jurisdiction over the trades involved in the construction of the project. The project labor agreement must be signed by all such labor organizations and cover the entirety of the construction work to be performed during the term of the resulting construction contract.

(c) Consistent with applicable law, the project labor agreement reached pursuant to this provision shall—

(1) Bind the offeror and all subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow the offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements.

(d) Any project labor agreement reached pursuant to this provision does not change the terms of this contract or provide for any price adjustment by the Government.

(e) The apparent successful offeror shall submit to the Contracting Officer a copy of the project labor agreement prior to contract award.

(End of provision)

(2) The requirements of 52.222-33 Al I are supplemented as follows: ternate

(a) The project labor agreement reached pursuant to FAR 52.222-33 Alt I shall ernate supersede the terms of any other collective bargaining agreement that conflict with the terms of such project labor agreement.

(b) Within 30 days following receipt of written notification to the apparent successful offeror by the Contracting Officer, the apparent successful offeror shall furnish the Contracting Officer with a copy of an executed project labor agreement that meets the requirements of this Section. If, for any reason, the apparent successful offeror fails to

(The Solicitation) Page 21 of 39 furnish such project labor agreement within the time stated above, the Government may, in its sole discretion, eliminate the proposal from consideration and select the next apparent successful offeror.

IV.D. Additional Provisions

(1) FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade

0.8 % 6.9 %

[ Contracting Officer shall insert goals ] [ Contracting Officer shall insert goals ]

These goals are applicable to all of the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c…