47PC0219R0010_Solicitation_Amendment_0003__SF-30_Amendment_Language_Details.pdf

Solicitation No.: 47PC0219R0010

General Construction & Design-Build Construction Services Zone 1: Metropolitan New York City Area

Zone 2: Upstate New York

Amendment 0003

1. Incorporate additional language in section II.E.(3)(a), within the solicitation, to clarify documentation submission requirements. The revised language is below:

(a) IDIQ Level:

Bid guarantees, performance, and payment bonds are not required at proposal submission on the IDIQ level. However documentation proving the Offeror’s ability to successfully obtain performance and payment bonds with a minimum limit of $10,000,000 for single projects and $20,000,000 as an aggregate limit shall be provided by the Offeror.

The documentation submitted shall be either 1) a signed letter from an insurance broker confirming the bonding limits available to the Offeror or 2) a certified (stamped and sealed) letter from a surety bonding company. The letter must be from and endorsed by any of the list of certified bonding companies on the Treasury Department website. The Bureau of the Fiscal Service - Surety Bonds provides the list of certified companies on https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html.

The Offeror shall use a pencil to gray out the seal on the certified letter and submit it electronically. The seal on the scanned certified letter shall be clear and legible.

Please be advised that all payment and performance bonds submitted at the task order level must be executed through the list of certified companies on the Treasury Department web link provided above. Otherwise the bonds will be not accepted by the Government.

2. Incorporate revised VI.F.(1) Factor 1: Experience on Similar Projects language within the solicitation:

2.1. Revise one of the minimum submission requirement language descriptions from

“two (2) similar projects shall have an award threshold of $1,000,000 to $3,000,000” to “two (2) similar projects shall have an award threshold greater than $1,000,000”;

2.2. The revised Factor 1 language is below:

∗ This factor will measure the breadth, depth, and relevance of an offeror’s experience in performing projects similar in scope, magnitude and complexity to the work described in this solicitation. The evaluation of Experience will be a subjective assessment based on a consideration of all relevant facts and circumstances.

https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html

∗ The Offeror shall be required to complete and submit their Experience Summary Table and Project Fact Sheet (Attached) with their proposals for a total of four (4) completed projects, performed as the prime contractor within the last seven (7) years per the submission requirements stated below. Submitted projects must be substantially complete by the closing date of this solicitation. Projects may have been governmental (federal, state, or local) or private sector contracts.

∗ “Similar” is defined as projects comparable in terms of scope, magnitude, and complexity.

∗ Detailed Minimum Submission Requirements:

- Four (4) experience on “similar” projects, i.e. design and build, repair and alterations (but not limited to);

- Each similar project shall be substantially completed within the last seven (7) years;

- Each similar project shall be performed in an occupied office building, that maintained business operations during construction;

- Each similar project shall encompass a combination of one or more of the performance characteristics below:

o Tenant improvements space build-outs, including repairs and alterations;

o IT, Data and Specialty Security Component installation services;

o Hazardous material abatement services (i.e. asbestos, lead, PCBs, Mold, etc.);

o HVAC, MEP Systems such as: Emergency Generators, Chillers, Cooling

Towers, etc. installation services.

- Each similar project shall include all of the following detail information:

o Building name and address;

o Contract title/name and number;

o Contract start, substantially completion, and final completion dates (Include years/months);

o Contract dollar value for the entire contract;

o Contract dollar value received at time of award;

o Contract dollar value changes due to change orders and modifications;

o Type of facility (i.e. office building, hospital, museum, etc.);

o Size of building, including number of square feet and number of stories;

o Description of services performed (background, purpose, etc.);

o Description of differences in original completion date and cost, relative to final completion date and cost, if any exist;

o Description of the security clearance obtained for the project, if any were required;

o Points of contact complete with an email address and telephone number.

- Two (2)similar projects shall have an award threshold of $150,000 to $1,000,000;

- Two (2) similar projects shall have an award threshold greater than $1,000,000;

∗ The Government shall consider the following characteristics more favorable:

- IT, Data and Specialty Security Component installation services;

- HVAC, MEP Systems such as: Emergency Generators, Chillers, Cooling Towers, etc. installation services;

- One (1) or two (2) similar projects that have an award threshold of more than $3,000,000.

3. Incorporate revised VI.F.(4) Factor 4: Past Performance language within the solicitation:

3.1. Revise one of the minimum submission requirement language descriptions from

“one past performance reference shall have an award threshold of $1,000,000 to $3,000,000” to “two (2) past performance references shall have an award threshold greater than $1,000,000”;

3.2. Correct the more favorable characteristics language from “One (1) or two (2) similar projects that have an award threshold of more than $3,000,000” to “One (1) or two

(2) past performance references that have an award threshold of more than $3,000,000”.

3.3. The revised Factor 4 language is below:

This factor considers the past performance of the Offeror, and will be evaluated as part of the responsibility determination. The Past Performance will be evaluated based on the degree to which the Offeror’s:

∗ Past Performance reflects performance of projects comparable, similar in size, scope, and complexity to the requirements contained in the solicitation documentation. A reference is considered “comparable”, if the Offeror serviced an office building, courthouse, museum, hospital, school, or similar-type government/commercial facility of approximately similar square feet of the referenced federal buildings referenced in the solicitation.

∗ Past Performance references must demonstrate satisfactory performance on a total of four (4) comparable projects, or greater size and complexity that are current or substantially completed within the last seven (7) years (government or commercial). Any proposal which does not demonstrate satisfactory performance on the minimum comparable projects substantially completed within the last seven (7) years will not be considered technically acceptable. The Offeror must provide current reliable point of contacts (a person or persons who may be contacted regarding the quality of the Offeror’s past performance) for each referenced project. Each point of contact identified shall have detailed information listing their name, title, company name, current address, active/current phone number, and current fax number for each reference.

∗ Comparable to the similar in size, scope, magnitude, and complexity to the requirements contained in the solicitation documentation. A reference is considered “comparable”, if the Offeror serviced an office building, courthouse, museum, hospital, school, or similar-type government/commercial facility of approximately similar square feet to the list of buildings referenced in the solicitation.

∗ Detailed Minimum Submission Requirements:

- Four (4) past performance references, i.e. design and build, repair and alterations (but not limited to);

- Each past performance reference shall be substantially completed within the last seven (7) years;

- Each past performance reference shall be performed in an occupied office building, that maintained business operations during construction;

- Each past performance reference submitted must indicate that the Offeror performed as the prime contractor;

- Each past performance reference shall encompass a combination of one or more of the performance characteristics below:

o Tenant improvements space build-outs, including repairs and alterations;

o IT, Data and Specialty Security Component installation services;

o Hazardous material abatement services (i.e. asbestos, lead, PCBs, Mold, etc.);

o HVAC, MEP Systems such as: Emergency Generators, Chillers, Cooling

Towers, etc. installation services.

- Each past performance reference shall include all of the following detailed information:

o Building name and address;

o Contract title/name and number;

o Contract start, substantially completion, and final completion dates

(Include years/months);

o Contract dollar value for the entire contract;

o Contract dollar value received at award;

o Contract dollar value changes due to change orders and modifications;

o Type of facility (i.e. office building, hospital, museum, etc.);

o Size of building, including number of square feet and number of stories;

o Description of services performed (background, purpose, etc.);

o Description of differences in original completion date and cost, relative to final completion date and cost, if any exist;

o Description of the security clearance obtained for the project, if any were required;

o A point of contact complete with a mailing address, email address, telephone number.

- Two past performance references shall have an award threshold of $150,000 to $1,000,000;

- Two past performance references shall have an award threshold greater than

$1,000,000;

- The Offeror must submit Past Performance Questionnaires (PPQ), completed by the applicable client (Government or Commercial), for each project included in its offer for Factor 1 - Experience on Similar Projects (minimum four (4) past performance questionnaires submissions are required). The Past Performance Questionnaire submissions shall reflect the reference requirements found in Factor 1. Completed PPQs should be submitted with the Offer. Ensure correct contact information, including phone numbers and email addresses, are provided for the client point of contact. Offerors should 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 the offer closing date, the Offeror should complete and submit with the offer 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 contacts, to Nadia Shokry Burns and Allison Wiede-Brown via e-mail at nadia.shokry.burns@gsa.gov and allison.wiede-brown@gsa.gov prior to the offer submission closing date and time. Offerors may resubmit questionnaires previously submitted with other offers or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their offer PPQs previously submitted for other RFPs. The Offeror will be evaluated on the type and description of references and the Offeror’s performance under these references. To receive consideration for award, the Offeror must provide the requested reference types and the returned questionnaires must indicate at least “acceptable” performance in all of the questionnaire criteria reflecting that the Offeror consistently exceeded performance standards with regard to services related to this acquisition, ensuring that they met contract terms without failure or were able to resolve issues immediately.

∗ The Government shall consider the following characteristics more favorable:

- IT, Data and Specialty Security Component installation services;

- HVAC, MEP Systems such as: Emergency Generators, Chillers, Cooling

Towers, etc. installation services;

- One (1) or two (2) past performance references that have an award threshold of more than $3,000,000.

- An Offeror may describe any quality awards or certifications that indicate the

Offeror possesses a high-quality process for achieving the services required.

Also include performance recognition documents received within the last seven (7) 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 contact the references provided and/or review any other sources of information for evaluating past performance. The Government will expend only a reasonable amount of time and effort to contact those submitted as references (please ensure that current e-mail addresses and contact information is provided for each reference). Other sources of Past Performance 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), Federal Awardee Performance and Integrity Information System (FAPIIS), 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 mailto:nadia.shokry.burns@gsa.gov mailto:allison.wiede-brown@gsa.gov detailed, current, accurate and complete Past Performance information rests with the Offeror. GSA will not maintain database of PPQs submitted by Offerors.

∗ The Government will evaluate the proposed Past Performance in terms of its reduction of risk with respect to successful performance.

∗ If the Offeror has no relevant past performance history, it must affirmatively state so in the offer. The Offeror that states they have no relevant past performance history and the Offeror that is unable to provide past performance references/reports after making all reasonable efforts will not be evaluated favorably or unfavorably under the criteria and will receive a “neutral” rating, in accordance with FAR 15.305.

4. Incorporate the latest Division One specifications referenced in Exhibit 11. Note: GSA's current standard Division One specification sections are attached for reference. Each Task Order will be issued with the latest version of GSA's applicable Division One specifications modified with Task Order specific information and requirements.

5. This solicitation is hereby amended to include the following provision and clauses:

5.1. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

5.2. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

5.3. GSAR 552.204-70, Representation Regarding Certain Telecommunications and

6. A signed copy of this amendment, with the required representation at FAR 52.204-24(c) & disclosures required at FAR 52.204-24(d)(if applicable) shall be included with the offer.

7. The due date and time for the receipt of offers is changed from August 22, 2019 2:00 PM

EST to August 29, 2019 2:00 PM EST, in accordance with the revised section I.J. Receipt of Offers.

8. The full text of the incorporated provision and clauses are provided below:

8.1. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this provision— Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that— It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer—

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

8.2. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and

(a) Definitions. As used in this clause— Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Page 10 of 15 1800 F Street, NW Washington, DC 20405-0002 www.gsa.gov Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(2) Telecommunications equipment that cannot route or redirect user data

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the

Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer Page 12 of 15 1800 F Street, NW Washington, DC 20405-0002 www.gsa.gov part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

8.3. GSAR 552.204-70, Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment. (AUG 2019)

(a) Definitions. As used in this clause- “Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Contractors are not prohibited from providing-https://dibnet.dod.mil/

(2) Telecommunications equipment that cannot route or redirect user data

(c) Representation. The Offeror or Contractor represents that it [ ] will or [ ] will not [Contractor to complete and submit to the Contracting Officer] provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract, order, or other contractual instrument resulting from this contract. This representation shall be provided as part of the proposal and resubmitted on an annual basis from the date of award.

(d) Disclosures. If the Offeror or Contractor has responded affirmatively to the representation in paragraph (c) of this clause, the Offeror or Contractor shall provide the following additional information to the Contracting Officer—

(1) All covered telecommunications equipment and services offered or provided (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of clause)

9. Remove FAR 52.225-11, Buy American-Construction Material under Trade Agreements

(OCT 2016) from Section IV of the Agreement. This clause is no longer applicable to this acquisition;

10. Incorporate FAR 52.225-9, Buy American-Construction Materials (MAY 2014) in Section IV of the Agreement;

11. All other terms and conditions remain the same.