47PB0022R0012 Tab 10 Final GC_Solicitation_2022 01 25.pdf

GSA Solicitation No. 47PB0022R0012

Document: C201-GC/AUGUST 2021 (The Solicitation)

Construction Contract for: Moakley Elevators Modernization

The Solicitation

Table of Contents

I. General Information A. The Solicitation and 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. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal

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

Building Information

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR 101-29

B. FAR 52.216-1 Type Of Contract C. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. Buy American Requirements F. Buy American Exceptions G. FAR 52.233-2 Service of Protest H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference I. GSAR 552.102 Incorporating Provisions and Clauses by Reference J. Small Business Subcontracting Plan (does not apply to small businesses) K. Requiring Certified Cost or Pricing Data FAR 15.403-4 L. Additional Provisions incorporated by reference

V. Instructions to Offerors and Clauses

A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.222-6 Construction Wage Rate Requirements

VI. Method Of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness/Price Realism D. Unbalanced Price E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offers

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) Offeror Representations and Certifications Form

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

(4) The Agreement and Attachments to the Agreement

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

(6) Wage Determination MA20220001 dated 01/07/2022

(7) Visit Authorization Request (VAR) Form

(8) PBS Past Performance Questionnaire

(9) SF 24 – Bid Bond

(10) GSA Form 527 – Contractor’s Qualifications and Financial Information

(11) Model Subcontracting Plan Template*

*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 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.C. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: David Mark

Address: 10 Causeway St. Boston, MA 02222

Telephone: (617) 531-9092

Email: David.Mark@gsa.gov

Alternate POC Information

Name: Erin Clark

Address: 10 Causeway St. Boston, MA 02222

Telephone: (617) 838-4703

Email: Erin.Clark@gsa.gov

I.D. Pre-Proposal Conference

NOT APPLICABLE

I.E. Estimated Price Range

The estimated price range for the Project is between $2,500,000 and $5,000,000.

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.

(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)

(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.

(2) Site visits will be held at the following dates and times:

Date: Thursday February 3, 2022

Time: 9:00AM ET

Please meet the acquisition team at the Moakley Courthouse entrance right outside the metal detectors.

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than two (2) representatives from each Offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team.

Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below.

To RSVP please contact Erin Clark, Contract Specialist at Erin.Clark@gsa.gov and David Mark, Contracting Officer at David.Mark@gsa.gov. Please title your email “Moakley Elevators Site Visit RSVP for Your Company Name” failure to include this title may prohibit access to the site visit.

For further information about the site visit or access requirements, please contact:

Name: Erin Clark, Contract Specialist

Address: 10 Causeway St. Boston, MA 02222

Telephone: : (617) 838-4703

Email: Erin.Clark@gsa.gov

I.H. Receipt of Offers

(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 2/23/2022 at 2:00pm ET on the following date and at the following address.

Date: 2/25/2022 at 2:00pm ET.

All proposals will be emailed to the contracting officer and contract specialist. Hard copies will not be accepted. Please note that items 2 and 3 below do not apply to this solicitation. Please email your proposals to both Erin Clark at Erin.Clark@gsa.gov and David Mark at David.Mark@gsa.gov Please title your email Moakley Elevator Proposal for “Your Company name”.

(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.

(3) 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.

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

4. Standard Form 24, Bid Bond

5. Subcontracting Plan

6. GSA Form 527 – Contractor’s Qualification and Financial Information

II.B. Proposal Format

Volume 1 Representations and Certifications, Subcontracting Plan (not required for small businesses), and GSA Form 527

Volume 2 Technical

Volume 3 Pricing

II.C. Price Proposal

(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 pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(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.

(3) Additional Proposal Requirements

(a) Bid Guarantee

In accordance with FAR 52.228-1—

(1) “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.”

(2) “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…”

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

(b) Cost or Pricing Data

Certified Cost or Pricing Data are not expected to be required because an exception may apply. However, in accordance with FAR 52.215-20, Requirements for Certified

Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010) —

Alternate IV (Oct 2010), the offeror shall provide data described below GSA implements the ASTM International (formerly known as American Society for Testing and Materials)

UNIFORMAT II, as defined in the ASTM Standard E-1557: Classification for Building

Elements and Related Sitework, as the standard Work Breakdown Structure.

(1) The cost or pricing data shall be provided at the detail UNIFORMAT Level 3, and summarized at the UNIFORMAT Level 3. UNIFORMAT Levels of Detail are defined in the ASTM Standard and the PBS P120, Cost and Schedule Management Policy.

(2) Notwithstanding the above, offerors are hereby notified that failure to submit cost or pricing data in sufficient detail to support a cost realism analysis may be considered by the source selection authority in evaluating performance or schedule risk in accordance with FAR 52.215-1(f)(9). FAR 15.404-1(d)(1) defines cost realism as “the process of independently reviewing and evaluating specific elements of each offeror’s proposed cost estimate to determine whether the estimated proposed cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the unique methods of performance and materials described in the offeror’s technical proposal.”

(3) In accordance with FAR 36.214(b)(1), the contracting officer reserves the right to request the offeror submit cost information concerning any element of proposed cost (e.g., wage rates or fringe rate benefits, significant materials, equipment allowances, and subcontractor costs) when submission of certified cost or pricing data is not required.

II.D. Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors described in Section VI. The Technical Proposal shall not contain more than 25 pages, inclusive of charts, exhibits, and any other materials, but exclusive of past performance questionnaires and resumes the Offeror deems required for each evaluation factor listed herein for which the offeror is addressing (this page count does not include Brochures, cut sheets, and table of contents)

1) Past Performance and Experience on Similar Projects

Past performance can be described as how an Offeror performed on a job. This factor considers the extent of the Offeror’s past experience as a firm in providing similar elevator modernization construction services. The degree of similarity of the projects presented (as defined by the project characteristics listed below) is more important than the quantity of the projects presented. Projects that satisfy more of the characteristics will be rated more highly than projects that contain fewer characteristics. The Offeror must demonstrate successful experience as a prime contractor responsible for the construction of at least three (3) similar projects substantially completed within the past five (5) years that include the characteristics described below:

(1) Contracts that included elevator modernization services.

(2) Contracts that involved construction in an occupied building.

(3) Contracts that included requirement for noise control.

For each project presented in relation to this factor, the Offeror must explain how the characteristics of the submitted project relate to the characteristics of the project described in the solicitation. For each project presented the offeror shall submit the following data/information:

1. Project Title

2. Location of Project

3. Project scope

4. Total dollar value of project (award price and final contract price)

5. The Offerors responsibilities

6. Dates of contract start and completion

7. Facility details including type of facility, square footage, number of elevator landings, working on high end finishes, etc.

8. A narrative explaining how the characteristics of the submitted project relate to the characteristics of the project described in this solicitation.

9. Name, title, address, phone number and email address of the customer contact and building owner who can attest to the quality of work provided. (It is incumbent upon the offeror to ensure the information submitted is current and accurate).

The offeror shall provide a minimum of three (3) formal Past Performance Evaluations completed through the CPARS or a similar Government evaluation system within the past five

(5) years. A complete list of these installations with current contact information for the relevant point of contact (POC) is required.

For past performance evaluations for other than Federal government contracts, the offeror shall state that in its proposal and is responsible to ensure that information is provided that is similar to that in CPARS and able to satisfy the minimum requirements required by this solicitation to allow a proper comparison of magnitude, scope and complexity to the services identified in this solicitation. Non-CPARS evaluations should be completed using the attached evaluation form

(titled “Past Performance - Questionnaire” and submitted directly by the client representative to

GSA at erin.clark@gsa.gov and david.mark@gsa.gov .

In evaluating past performance, each of the following details shall be considered: client assessment of the offeror’s performance (CPARS evaluations or non-CPARS evaluation), with emphasis on project quality, project completion on time and within budget, and tenant impact.

Completed evaluations received by the Government after the date and time established for receipt of proposals shall not be accepted. Please be advised that the failure to receive this information may adversely impact the assessment of your firm's past performance and overall proposal.

Also include performance recognition documents received within the last five (5) years, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the CPARS, including Contractor

Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the Offeror. While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

If the offeror is proposing a Contractor Team Arrangement in accordance with Federal

Acquisition Regulation (FAR) Subpart 9.6, it shall clearly indicate whether the Past Performance

Evaluations provided in accordance with the above were for projects completed by the same

Team. If the proposed Team has not performed together in the past, then separate Past

Performance Evaluations for each Team Member are required.

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available (such as the required number of projects), the Offeror may not be evaluated favorably or unfavorably on past performance. The Offeror, however, must affirmatively state this in its proposal to identify the status to GSA.

Finally, the Offeror shall identify any contracts or task orders where its firm has been terminated in the past 5 years. The Offeror shall include the terminating organization, contact information including an up to date name and telephone information, contract number, description of work, a brief statement on the terms of the default, and any evaluations their firm received on the performance related to the terminated contract. If the Offeror has not been terminated within the past five (5) years, then the Offeror shall so state.

The Government reserves the right to verify past performance evaluations by reviewing CPARS or other Government appraisal systems. The Government may also check any cited references to verify supplied information. The Government is not limited to the evaluations provided. Any additional sources of information concerning the Offeror’s past performance which the government becomes aware of can be considered in the evaluation of the contractor’s past performance.

(2) Proposed Project Team, Key Subcontractors and Key Personnel (20%)

Government approval of an elevator subcontractor, or elevator contractor, is required. The

Offeror shall list in its proposal the companies, key subcontractors and key personnel that will make up its project team. To be considered, the companies, key subcontractors, and key personnel team members contractor shall have upgraded at least three (3) elevator systems within the last five years that are comparable to those to be worked on this project; i.e., electric elevators of four or more cars in one group that serve at least six or more landings in an office/commercial/courthouse type building. A complete list of these installations with current contact information for the relevant point of contact (POC) is required. Key personnel in both installation and maintenance shall have at least five years’ experience including extensive experience in microprocessor-based control systems and installation of non-proprietary control equipment. Complete and current information on personnel including project supervisor’s resume(s) for day-to-day operations (installation) and for maintenance supervision are required.

For the purpose of this solicitation key personnel consist of a project supervisor/manager who may not be replaced during the life of the construction project without the approval by the GSA

Contracting Officer of the replacement supervisor.

(3) Proposed Project Scheduling and Phasing of Construction (20%)

Provide a summary on your overall concept of how you plan to complete the project within fourteen (14) months.

(4) Major Equipment Being Offered (20%)

Describe the major components and equipment proposed and explain why the selection was made as it relates to the existing conditions including existing building occupancy and your proposed project schedule.

(5) Elevator Maintenance Plan and Firm Proximity to Project Location (20%)

Briefly describe the proposed elevator maintenance plan and identify whether or not the proposed elevator maintenance firm is within the Boston area; or within a 25-mile radius of the project site; or within the northeast region. If this firm is a subcontractor, explain why the firm was selected and why you believe they can meet the requirements including maintaining the existing elevator system and their similar experience with the new proposed elevator system.

(6) Socioeconomic Status (TIEBREAKER)

If the Offeror wishes to receive a rating better than satisfactory under this evaluation factor, the

Offeror shall provide evidence to establish its standing as a Small Business; 8(a); Small

Disadvantaged Business (SDB), Hubzone; Service-Disabled, Veteran-Owned Small Business

(SDVOSB)/Veteran Owned Small Business (VOSB); and/or Economically Disadvantaged

Woman-Owned Small Business (EDWOSB)/ Woman-Owned Small Business (WOSB) under

NAICS 238290. If a firm belongs to one or more of the above socioeconomic categories, the

Offeror shall submit evidence for each category. If the Offeror is proposing a Contractor Team

Arrangement in accordance with Federal Acquisition Regulation (FAR) Subpart 9.6, separate evidence of each firm’s socioeconomic status shall be submitted. THIS FACTOR WILL ONLY

BE USED AS A TIEBREAKER IF TWO OR MORE PROPOSALS ARE EQUALLY RATED AS

THE BEST VALUE PROPOSAL.

An Offeror that does not qualify as a Small Business will be rated Purple (or Satisfactory). An

Offeror that qualifies as a Small Business but is not an 8(a), HUBZone, SDB, VOSB/SDVOSB, or WOSB/EDWOSB will be rated Green (or Above Average). An Offeror that qualifies as either an 8(a), HUBZone, SDVOB, or WOSB will be rated Blue (or Outstanding).

Past Performance Questionnaire (PPQ)

The Offeror must submit a Past Performance Questionnaire (PPQ) (included in the solicitation as an Attachment ~, completed by the applicable client, for each project that did not receive a government PPIR/CPARS evaluation included in its proposal for Factor 1 Past Performance and Experience on Similar Projects.

Completed PPQs should be submitted with the proposal. Ensure correct phone numbers and email addresses are provided for the client point of contact. Offerors shall follow-up with clients/references to ensure timely submittal of questionnaires. If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror must complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the project. If the client requests, the client may submit a questionnaire directly to the Government's point of contact, via email at Erin.Clark@gsa.gov and

David.Mark@gsa.gov prior to proposal closing date. All questionnaire’s submitted directly to the government should be titled “PPQ for Moakley Elevators.” Offerors may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications.

(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, point of contact, including names and telephone numbers, are required for all contracts listed.

II.F. Requirements of Joint Venture Offerors

(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.

(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.

(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.

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

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

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 within 17 calendar days. Prospective Offerors should make such requests not less than 17 calendar day prior to the date set for receipt of offers.

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 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 may then be used by Federal acquisition community for use in making source selection decisions. CPARS 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.

(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.

IV. FAR/GSAR Solicitation Provisions

IV.A. 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 98)

(a) 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

(b) 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.

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

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

IV.C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work

(MAY 14)

(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.

(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.

IV.D. 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:

Locality goals can be found at Participation Goals

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

4% 6.9%

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) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is: located in an urban metropolitan environment located in Massachusetts, Suffolk county, Boston.

IV.E. Buy American Requirements

FAR 52.225-10 Notice of Buy American Requirement-Construction Materials (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations 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 the clause at FAR 52.225-9 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 material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(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 not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic 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 the clause at FAR 52.225-9 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 the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic 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)

IV.F. Buy American Exceptions

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

IV.G. FAR 52.233-2 Service of Protest (SEP 06)

(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.

IV.H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

Federal Acquisition Regulation

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English

Language

APR 91

52.215-16 Facilities Capital Cost of Money JUN 03 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 14

52.236-28 Preparation of Proposals - Construction OCT 97

IV.I. GSAR Clause 552.102 Incorporating Provisions and Clauses

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

IV.J. Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is required to be submitted with offers from large business and not from offers from small businesses.

Government approval of the Small Business Subcontracting Plan will be required in order to award a contract to other than a small business.

IV.K. Requiring Certified Cost or Pricing Data FAR 15.403-4

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

IV.L. Additional Provisions incorporated by reference

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications.

52.236-28 Preparation of Proposals-Construction.

Additional Provisions GSAR2015-G503, Construction Contract Administration

552.236-70 (Revised AUTHORITIES AND LIMITATIONS (MAR 2019)

(a) All work shall be performed under the general direction of the Contracting Officer. The Contracting Officer alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested in him by the contract documents. The Contracting Officer may designate contracting officer's representatives (CORs) to act for him.

Wherever any provision in this contract specifies an individual (such as, but not limited to, Construction Engineer, Resident Engineer, Inspector or Custodian) or organization, whether Governmental or private, to perform any act on behalf of or in the interests of the Government, that individual or organization shall be deemed to be the COR under this contract but only to the extent so specified. The Contracting Officer may, at any time during the performance of this contract, vest in any such COR additional power and authority to act for him or designate additional CORs, specifying the extent of their authority to act for him. A copy of each document vesting additional authority in a COR or designating an additional COR shall be furnished to the Contractor.

(b) The Contractor shall perform the contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) issued by a COR in accordance with his authority to act for the Contracting Officer; but the Contractor assumes all the risk and consequences of performing the contract in accordance with any order (including but not limited to instruction, direction, interpretation, or determination) of anyone not authorized to issue such order.

(c) If the Contractor receives written notice from the Contracting Officer of non-compliance with any requirement of this contract, the Contractor must initiate action as may be appropriate to comply with the specified requirement as defined in the notice. In the event the Contractor fails to initiate such action within a reasonable period of time as defined in the notice, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to stop work for such cause.

552.236-73 SUBCONTRACTS (APR 1984)

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of his own employees and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors and suppliers.

(c) The Government will not undertake to settle any differences between or among the Contractor, subcontractors, or suppliers.

SCHEDULES FOR CONSTRUCTION CONTRACTS (MAR 2019)

The requirements, of the clause entitled “Schedules for Construction Contracts” at FAR 52.236-15, are supplemented as follows:

(a) Purpose. The project schedule shall be a rational, reasonable, and realistic plan for completing the work, and conform to the requirements specified in this clause and elsewhere in the contract. The Contractor understands and acknowledges that the preparation and proper management of the project schedule is a material component of the contract.

(b) Use of the schedule. The Contracting Officer shall be entitled, but not required, to rely upon the project schedule to evaluate the Contractor's progress, evaluate entitlement to extensions of time, and determine the criticality or float of any activities described in such project schedule.

(c) Submission. Prior to notice to proceed, or such other time as may be specified in the contract, the Contractor shall submit the project schedule.

(d) Milestones. The project schedule shall incorporate milestone events specified in the contract, including, as applicable, notice to proceed, substantial completion, and milestones related to specified work phases and site restrictions. The project schedule shall also include Contractor-defined milestones to identify target dates for critical events, based upon the Contractor's chosen sequence of work.

(e) Activities. The project schedule shall depict all major activities necessary to complete the work.

(f) Schedule of values.

(1) The…