47PB0022R0076 CMc Solicitation 2022 11 4.pdf

GSA Solicitation No. 47PB0022R0076, dated November 4, 2022

Document: CMc201/SEPT2022 (The Solicitation)

Construction Manager as Constructor (CMc) Contract for:

Solicitation Number 47PB0022R0076

HVAC and Fire Alarm Upgrades

Gignoux Federal Courthouse

Portland, Maine

The Solicitation

11/4/2022

Table of Contents

I. General Information

A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Magnitude of Construction F. FAR 52.236-27 Site Visit – Construction G. 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

F. Requirements of Joint Venture Offerors

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

J. INFORM 2.0

IV. FAR/GSAR Solicitation Provisions A. FAR 52.216-1 Type of Contract B. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work

C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

D. Buy American Requirements E. Buy American Exceptions F. FAR 52.233-2 Service of Protest G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference H. GSAR 552.102 Incorporating Provisions and Clauses by Reference I. GSAR 552.252-5 Authorized Deviations in Provisions J. Small Business Subcontracting Plan K. Project Labor Agreement L. Certified Cost or Pricing Data M. Additional Provisions

(i) GSAR 552.236-74, Evaluation of Options (Mar 2019)

(ii) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019)

(iii) GSAR Clause 552.236-79 Construction-Manager-As-Constructor (Jan 2020)

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.244-5 Competition in Subcontracting

C. Security 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 Standard Form (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) Other Forms Required for Submission with Proposals

(4) SF 1442 – Solicitation Offer and Award

(5) The Agreement and Attachments to the Agreement

(6) Statement of Work, 5/20/2022

(7) Appendix Reference A - G

(8) Small Business Subcontracting Report

(9) Wage Rates, ME20220016, 9/9/2022

(10) Past Performance Questionnaire (PPQ)

(11) GSA 527, Contractors Qualifications and Financial Information

(12) SF 24, Bid Bond

(13) Pre-Proposal Conference information

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: Michele Valenza

Address: 10 Causeway Street, 11th Floor, Boston, MA 02222

Telephone: 617-565-8508

Email: michele.valenza@gsa.gov

I.D. Pre-Proposal Conference

Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting

Officer and provided necessary information in advance of the meeting will be allowed to attend.

To request a reasonable accommodation due to a disability, contact the Contracting Officer.

Date: Wednesday, November 9, 2022

Time: 10:00 am Virtually

Virtual CMc Gignoux FB Pre-Proposal contracting Discussion

Wednesday, November 9, 10:00 am

Join with Google Meet meet.google.com/eyb-rund-pyf

Join by phone

2426-594-(US) +1 401 PIN: 636 710 595#

I.E. Magnitude of Construction

(1) The estimated price range for the Project is between $15,000,000.00 and $25,000,000.00.

mailto:michele.valenza@gsa.gov https://meet.google.com/eyb-rund-pyf?authuser=0&hs=122 tel:+1-401-594-2426

I.F. 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) To attend the scheduled Pre-Proposal site-walk through on November 16, 2022 at

10:00 am, please send an email to Paul Murphy at: Paul.murphy@gsa.gov and include the names of individuals who will be attending.

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. The location of entry, where attendees are required to meet, at the front lobby.

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

Name: Waikit Lui

Address: 10 Causeway St, Boston, MA

Telephone: 617-931-4791

Email: waikit.lui@gsa.gov

I.G. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received via email at the following email address no later than December 6, 2022 at 2:00 pm ST and via the following email address, michele.valenza@gsa.gov and Paul.Murphy@gsa.gov

(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. List of items included within the offeror's home office overhead

5. Small Business Subcontracting Plan https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3 mailto:Paul.murphy@gsa.gov mailto:waikit.lui@gsa.gov mailto:michele.valenza@gsa.gov mailto:Paul.Murphy@gsa.gov

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

7. SF24, Bid Bond

8. SF1442 and any Amendments

9. Past Performance Questionnaire (PPQ)

10. Certified Cost and Price Data

11. Cost Accounting Standards (CAS) Compliance (If other than small)

12. Proprietary Information Agreement(s)

13. Other Documents as Required

II.B. Proposal Format

Offerors who wish to submit an offer will be required to submit an electronic copy of their

Technical Proposal. Keep in mind of the maximum data limit when sending via email.

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 for Design Phase Services, 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: Include priced Option: for Construction Phase Services

II.D. Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors described in Section VI. Evaluation Factors are listed in order of importance. Evaluation

Factors 1 -_4 are listed in order of importance.

Evaluation Factor # 1 – Past Experience working on similar projects

Description:

This factor considers the Offeror’s experience as a firm in providing comparable services for similar projects. This factor will be evaluated based upon the written response included in the technical proposal. Experience can be described as what jobs you have performed.

A “similar” project is defined as a project that meets the following criteria:

1. Major Modernization of the building’s HVAC system

2. Construction costs greater than $10,000,000.00

More favorable evaluation rating may be given to a “similar” project which meets any of the following additional criteria.

1. Design-Build of a new building’s fire alarm system

2. CMc/GMP construction project with open book accounting where the Offeror performed both Design Phase and Construction Phase Services

3. Work performed within an active fully occupied Federal Courthouse, with multiple construction phases, or phase coordination

4. Work performed within a historical facility

Submittal Requirements:

The Offeror should submit the following information at a minimum:

Provide description of the three (3) similar projects completed in the last ten (10) years in which the Offeror performed as a General Contractor. Similar projects should be 100% complete to be considered relevant for this factor. For each project description, provide in detail (i) size (building square footage and number of stories), (ii) scope, (iii) complexity, (iv) phasing plan (as applicable), (v) planned and actual budget (GMP, if applicable), (vi) planned and actual schedule, (vii) cost control and cost tracking methods, (viii) schedule control, (ix) safety record,

(x) coordination, and experience in delivering the completed projects. Describe how you worked within a fixed schedule and within the prescribed budget on the projects being proposed.

Standard for Evaluation:

A rating of Satisfactory may be achieved when:

• The Offeror has documented experience for three (3) similar projects in the past ten

(10) years as a General Contractor in accordance with the Submittal Requirements.

Ratings above Satisfactory may be achieved when:

• The Offeror has documented experience for a “similar” project which meets some or all the additional criteria described above.

Evaluation Factor # 2 – Management Approach (Design Phase and Construction Phase Services)

This factor considers the Offeror’s project management plan which indicates the methods and means they will employ to ensure management of the project in a manner which will maximize the opportunity for successful completion that is on-time, on-budget and within quality expectations. This factor will be evaluated based upon the written response included in the technical proposal. The proposal should delineate the Offeror’s knowledge, programs, and processes, relating them to the unique requirements of this project and demonstrating their approach to its management and execution.

• The Offeror should provide a detailed project management plan that includes the following:

o Overall Approach: Provide a complete approach to Design Phase services including, but not limited to, (i) schedule development, (ii) cost- estimating and cost-reconciliation services, (iii) address subcontractor participation, and (iv) address quality of value engineering services.

Additionally, provide the complete approach to Construction Services including, but not limited to, (i) scheduling, (ii) materials procurement, (iii) staging plan, (iv) tenant satisfaction, (v) noise and dust control, and (vi) cost control including contingency management, change order management, and “open book accounting.”

o Staffing Plan: Provide a complete staffing plan detailing all team members to be assigned to this Project. Suggested team members may include the following: Corporate Construction Executive, Project Coordinator, Project Manager – Pre-Construction Phase, Engineering Review Coordinators, Major Consultants (i.e. historical, hazardous materials abatement, selective demolition, HVAC controls specialist, FA engineer/designer/specialist etc.), Cost Estimating Staff, Scheduler, Project Manager – Construction Phase, Construction Superintendent, Quality Control Superintendent, Project Engineer, Fire, Life and Safety Coordinator, Construction Supervisors, Testing Engineering firms, and other key individuals.

The Offeror shall provide a list of its key subcontractors they intend on utilizing to perform the contract. This does not bind the offeror to hiring any or all of the proposed subcontractors. The staffing plan should include an Organizational Chart and Lines of Authority for both preconstruction and construction phases.

For each key person, identify the proposed duties in the project; identify the person as a part-time or full-time employee, detail the amount of time anticipated to be spent on-site and the amount of time to be spent in the home office and identify the firm for which the individual works. Describe the amount and form of interaction between the home office and the construction site. Identify which personnel will be responsible for the quality control and safety programs.

The Offeror should designate and identify on-site key personnel having signatory authority who can bind the contractor in negotiations for changes and sign letters and contract modifications.

o Quality Control Plan (QCP): Provide an example of a detailed QCP featuring both a Management Plan and Inspections/Test sections. The Management Plan should describe the Offeror’s process for planning, organizing, coordinating, and controlling the execution of the construction work, including construction phasing in a fully occupied Federal Courthouse. It should address methods employed to prepare, monitor, and accomplish the Project’s schedule and to track and control project costs. It should detail the Communication Plan and problem resolution procedures as well as quality control methods employed. The plan should address the coordination, development and review of shop drawings, samples, and submittals. The Inspections/Tests section should demonstrate how the Offeror successfully implements this program and define its process of identifying, scheduling, testing, correction, and follow-up for each divisional building system/feature.

o Safety Plan: Provide a safety plan that demonstrates the firm’s approach to preventing accidents and injuries with contingency plans for responding to accidents. Provide specific methods for processing correspondence, and for dealing with issues, problems, questions, emergencies, and other areas.

o Recycling and High-Performance Building Strategies: Within the three projects submitted, provide an example that demonstrates the firm’s approach to leadership in energy and environmental design. The example should address the construction and operation of buildings that deliver high performance inside and out, and it should provide specific methods for reducing the impact of construction on our natural environment, economy, health, and productivity.

This may also be an example of successfully delivering projects that achieved Leadership in Energy & Environmental Design (LEED) Gold or Platinum and/or Energy Star and/or a NET ZERO energy building, and demonstrates the firm's knowledge, approach, and application of the Energy Policy Act of 2005 (EPACT); the Environmental Independence Security Act of 2007 (EISA); GSA's Guiding Principles.

E.O. 13514 Federal Leadership in Environment, Energy, and Economic Performance; E.O. 13653 Preparing the United States for the Impacts of Climate Change, E.O. 13693 Planning for Federal Sustainability in the Next Decade, E.O. 14057 Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, or comparable state/local requirements.

Note that LEED is not required for this project.

This factor will be evaluated based upon the written response included in the technical proposal.

The proposal should delineate the Offeror’s knowledge, programs, and processes, relating them to the unique requirements of this project and demonstrating their approach to its management and execution.

• The overall management approach submitted shows a satisfactory understanding of, including but not limited to site constraints, change order management, open book accounting, cost control including contingency management, value engineering, and cost estimating.

• The Staffing Plan submitted demonstrates that the Offeror has a satisfactory understanding of the level of staffing necessary as well as the qualifications and expertise of that staff to successfully execute this project. Staffing levels and the amount of time staff members spend on-site are appropriate. Staffing responsibilities and staff with signatory authority are clearly defined. The proposed staff appears capable of completing this project within the given timeframe, working hours and budget.

• The Quality Control Plan satisfactorily demonstrates methods that will ensure compliance with contract requirements and relates those to this project. The Offeror has shown that their processes for planning, organizing, coordinating, controlling, and communicating can be successfully implemented within their proposed organization and will facilitate the execution of the project. The Firm’s processes for planning and executing shop drawing and submittal reviews as well as cost and schedule control measures are realistic and will improve the likelihood of project success. The Offeror has clearly demonstrated their ability to plan and execute necessary component and system tests to guarantee proper installation.

• The Safety Plan ensures optimum prevention of accidents and injuries and demonstrates an effective response plan. Problems, questions, and emergency situations are anticipated and avoided through the Offeror’s proactive measures.

• The Recycling and High-Performance Strategies substantially reduce or eliminate negative environmental impacts and improves system design, construction, performance, and operational practices. The Offeror has clearly demonstrated green design and construction measures that reduce operating costs, increase worker productivity, health, and comfort, reduces potential liability resulting from indoor air quality problems. The result must be an optimal synergy of cost, environmental, societal, and human benefits while meeting the mission and function of the intended infrastructure.

Ratings above Satisfactory may be achieved if:

• The government determines the written proposal merits a higher rating due to the advanced level of understanding of the project requirements and the planned management approach.

Evaluation Factor # 3 – Qualifications and Experience of Key Personnel

The Offeror should identify the personnel they propose to fill the key team member positions listed below and state their roles and responsibilities on the Project. The Offeror should provide evidence of the competency, past performance, qualifications, and related experience of key team members. If the key team members did not work on any of the three projects submitted under Evaluation Factor # 1, provide contact information for two references for each such individual who has thorough knowledge of the details of the individual’s performance in a similar position on a similar project.

People who may provide such information include Project Managers, Building Owners, or Contracting Officials associated with such similar projects. The Offeror should provide resumes for each key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received, and work experience (including roles) over the last ten (10) years.

Offerors should provide a matrix chart clearly identifying the roles that key team members held on the projects submitted under the Factor #1.

At a minimum, the CMc key team members should consist of the following:

• Project Manager (PM) (Design Phase and Construction Phase) o PM will be required to track project financials and provide regular updates on the project status and schedule. PM shall be a U.S. citizen and should have experience in developing and maintaining complex, long-term, multi-year project management activities including but not limited to:

▪ Developing and controlling budgets and funding strategies.

▪ Scheduling and coordination of project interactions among existing and occupied facilities.

▪ Managing interdisciplinary teams of professionals and supporting labor categories.

▪ Integrating competing and/or conflicting elements into the planning and execution processes so that project requirements flow smoothly.

▪ Familiarity with Federal and local government office building projects, with procedural requirements, review requirements, and approval requirements.

o The PM should possess a degree in architecture, engineering, business management or construction management (from an accredited college/ university) or in lieu of the degree the candidate must have 10 years of management experience in construction of similar size, scope, and complexity to the subject project clearly specified on his or her resume.

The PM shall be available and able to commit to the project.

• Construction superintendent o Construction superintendent will be responsible for the day-to-day management of the construction crew and coordination with subcontractors from construction start through completion. Construction superintendent shall be a U.S. citizen and should have at least 10 years of experience in construction of similar size, scope, and complexity of the subject project clearly specified on his or her resume. Construction superintendent shall be available and able to commit to the project.

• Quality control / assurance coordinator o Quality control / assurance coordinator will be responsible for coordinating the quality control / assurance of the work and the execution of the contractor’s Construction Quality Control Plan. This individual shall be a U.S. citizen and should have at least 10 years of experience in construction of similar size, scope, and complexity of the subject project clearly specified on his or her resume. Quality control / assurance coordinator shall be available and able to commit to the project.

• Lead cost estimator o Lead cost estimator will be responsible for developing and updating the overall construction cost estimate using the GSA Cost Estimate Workbook (CEW) throughout the design phase. Lead cost estimator will work closely with GSA cost estimator, AE cost estimator, and Construction Manager as Agent (CMa) cost estimator to reconcile the CEW at the end of each design submission. Lead cost estimator will be responsible to work with the GSA to ensure the estimated construction cost stays within the negotiated Guaranteed Maximum Price (GMP).

o This individual shall be a U.S. citizen and should have at least 10 years of experience in construction of similar size, scope, and complexity of the subject project clearly specified on his or her resume. Lead cost estimator shall be available and able to commit to the project.

• Scheduler o Scheduler will be responsible for coordinating with the GSA during the preparation and maintenance of the Project Schedule. The Scheduler shall have authority to act on behalf of the Contractor in fulfilling the Project Schedule requirements of the Contract.

o Scheduler should have at least 10 years of CPM scheduling on projects of similar size, scope, and complexity of the subject project specified on his or her resume. Scheduler shall also have taken, and provide proof of, at least one CPM training class within the past 5 years.

• Fire Protection Engineer Profession Engineer (FPEPE) o Fire protection engineer will be responsible for the design-build of a new fire alarm system. This individual shall be available and able to commit to the project.

o Fire protection engineer must be licensed and should have at least six (6) years’ experience, of which at least three consecutive years are directly involved in fire protection engineering and life safety.

Other team members may include:

• Corporate construction executive

• Fire Alarm Design engineer

• Architectural review coordinator

• Engineering review coordinators - all disciplines

• Historical Specialist

• Project accountant

• Project engineer

• Construction supervisors

• Safety program coordinator

• Move Coordinator (full-time, separate from other roles listed)

• Industrial Hygienist

• Other team members as determined by the Offeror

Note 1: Any of the team members indicated above may be represented by the same individual/firm, except as noted in the description of contractor roles and responsibilities outlined within the Request for Proposal (RFP). Offerors should clearly note in their submittal documents any of the above key team members who will be represented by the same individual/firm.

Note 2: No substitution to key personnel shall be made without prior approval of the CO. In the event that personnel approved by the CO are unable to perform their duties due to death, illness, resignation from the Contractor's employment, the CO's request for removal, or similar reasons, the Contractor shall promptly submit to the CO, in writing, the name and qualifications of a proposed replacement with equal or superior qualifications. This replacement, if approved by the CO, shall be submitted to the Government within three calendar days from the time of removal and shall in no way delay the project schedule. If the schedule is delayed due to the CMc’s lack of timely submittal or lack of an equally qualified submittal, the CMc shall be responsible for any and all resulting costs associated with the delay. Any approved substitutions shall be made at no increase in contract price and/or decrease in capabilities.

• Resumes for each key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received and work experience.

• A matrix chart clearly identifying the roles that key team members held on the projects submitted under the Experience and Past Performance factor.

• Each of the key team members has held at least one comparable position, to that proposed, for a similar project and has the appropriate education, training, experience, and certification required to be assigned to this position and for this project. Preference may be given to those members having experience on multiple similar projects and/or successful performance in comparable positions.

Ratings above Satisfactory may be achieved if:

• Some of or all the key team members exceed the minimum requirement set forth above.

• Some of or all the key team members work on any of the three projects submitted under Evaluation Factor # 1

Evaluation Factor # 4 – Past Performance on similar projects

This factor considers the Offeror’s Past Performance for the projects submitted under Evaluation Factor #1, Past Experience. This factor will be evaluated based upon the responses from the references provided by the Offer. Past performance can be described as how an Offeror performed on a job.

FAR 15.305(a)(2)(iv) states, "In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance." Therefore, failure of the Offeror to provide a minimum of two relevant references, and/or the inability of the Government to complete a minimum of two reference checks after making a reasonable effort to do so, may result in the Offeror being rated as "neutral" on the past performance factor. The Government is not required to conduct or complete reference checks on more than the two required references for each phase. In addition to contacting references provided by the Offeror, the Government may solicit other sources to find references for other relevant, similar work performed by the Offeror.

• Provide contact information for two individuals for each project submitted under Evaluation Factor #1 – Past Experience. References must have thorough knowledge of the details of the Offeror’s performance for the majority of the contract performance period, so that the reference may sufficiently respond to the questionnaire. Examples of such personnel include, but are not limited to, the Project Manager, Building Owner, or Contracting Official associated with the project. Provide contact names, role in the project, address, telephone number, and email address for each individual.

If any problems were encountered on the identified contracts for which the Offeror has submitted references, the contractor may provide a brief narrative describing the nature of the problems and the corrective action taken.

• Provide formal Past Performance Evaluations completed through the Past Performance Information Retrieval System (PPIRS) or a similar Government evaluation system for each project submitted under Evaluation Factor #1 – Past Experience.

For past performance evaluations for other than Federal government contracts, the offeror shall identify such projects in its proposal and is responsible to ensure that the information provided is similar to that in PPIRS 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.

Provide 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 Past Performance Information Retrieval System (PPIRS), 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 should 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.

Finally, the Offeror should 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 PPIRS 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.

With the exception of CPARS evaluations and corporate brochures provided for review purposes, narratives submitted in support of Past Performance shall not exceed 10 pages and shall utilize a font size of not less than 12 points.

In evaluating past performance, each of the following details may 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, tenant impact, and contractor provided references.

• Government past performance information reviewed for all submitted “similar” projects indicates that the projects have met the customers’ expectations to a satisfactory level.

• Some of or all the government past performance information reviewed for submitted “similar” projects indicate that the project has exceeded the customers’ expectations.

Evaluation Factor # 5 – Cost Accounting Standard Compliance

NOT APPLICABLE FOR SMALL BUSINESS CONCERNS UNDER NAICS CODE 236220

The Offeror must submit certification from a Certified Public Accountant (CPA) that the Offeror’s accounting system provides for the following:

• The accounting system is in accordance with GAAP and CAS.

• There is proper segregation of direct costs and indirect costs.

• There is proper identification and accumulation of direct costs by contract.

• There is a labor time distribution system that charges direct and indirect labor appropriately.

• Proof of Compliance with CAS rules and regulations.

This represents a Go/No Go requirement. Any proposal not containing the necessary documentation will not be further evaluated.

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 (C301).

(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.

(3) The Offeror must submit all disclosures in accordance with FAR 52.230-1, Cost Accounting Standards Notice and Certifications and FAR 52.230-7, Proposal Disclosure – Cost Accounting Practice Changes.

(4) Proprietary Information Agreement(s)

Offerors are advised that employees of the firm(s) identified below may require access to your firm’s proprietary information in performing advisory and assistance services for the Government under separate contract. These individuals will be authorized access only to such information that is necessary to enable them to perform their respective duties. Such firm(s) are expressly prohibited from competing on the subject acquisition.

78PB0021F0068 Hill International, Inc., 1667 K St NW Ste 520, Washington, DC 20006, Pursuant to FAR Part 9.505-4(b), these firms must execute an agreement with each offeror that states that they will (1) protect the offerors’ information from unauthorized use or disclosure for as long as it remains proprietary and (2) refrain from using the information for any purpose other https://www.sam.gov/ than that for which it was furnished.

To expedite the evaluation process, each offeror must contact the above-listed firm(s) to effect execution of such an agreement prior to the submission of proposals. Each offeror must submit copies of any such agreement(s) with their proposal.

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 10 calendar days. Prospective Offerors should make such requests not less than 15 calendar days 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 http://www.sba.gov/ 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

The Contract contemplated by this Solicitation provides for a Guaranteed Maximum Price (GMP) with CMc Contingency Allowance (CCA) and determines the contractor's compensation in a manner significantly different from a firm-fixed-price contract.

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

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 http://www.cpars.gov/.

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.

(1) 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.

(2) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site is https://www.cpars.gov/lc.htm and updated as needed.

http://www.cpars.gov/

(3) 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.

III.J INFORM 2.0

GSAM 515.3702

A. 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.

B. Detailed Description of the INFORM 2.0 Process

B.1. 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.2. 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:

● 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).

B.3. 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.

B.4. 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 post award 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.

IV. FAR/GSAR Solicitation Provisions

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

The Government contemplates award of a Construction Manager as Constructor (CMc) Guaranteed Maximum Price with Construction Contingency Allowance and Shared Savings contract resulting from this solicitation.

IV.B. 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…