47PC0219R0010_Solicitation_Amendment_0004__Solicitation_-_2019_08_23.pdf

The Solicitation

Solicitation No.: 47PC0219R0010

Amendment No.: 0004

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

Zone 2: Upstate New York

Notice to Offerors of Total Small Business Set-Aside/HUBZone Set-Aside/Total Service-Disabled Veteran-Owned Small Business Set-Aside/Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program

The United States General Services Administration (GSA) is setting aside the contract under the following clauses found in the Agreement:

52.219-3 - Notice of HUBZone Set-Aside or Sole Source Award 52.219-6 - Notice of Total Small Business Set Aside 52.219-27 - Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside 52.219-30 - Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program

These documents are the property of the United States Government. Copying, Dissemination, or Distribution of these drawings, plans, or specifications to unauthorized persons is prohibited.

Do not remove this notice.

GSA Solicitation No. 47PC0219R0010

The Solicitation 2

Properly Destroy All Documents When No Longer Needed.

The Solicitation 3

Table of Contents

I. General Information

I.A. The Solicitation and Contract

I.B. List of Solicitation Documents

I.C. Authorized Representatives

I.D. Pre-Proposal Conference

I.E. Estimated Price Range

I.F. Maximum Order Limit

I.G. Guaranteed Minimum

I.H. FAR 52.228-1 Bid Guarantee (SEP 1996)

I.I. FAR 52.236-27 Site Visit – Construction (Feb 95)

I.J. Receipt of Offers

II. Proposals

II.A. Proposal Contents

II.B. Proposal Format

II.C. Price Proposal

II.D. Technical Proposal

II.E. Other Information to Submit with Price Proposal

III. General Provisions

III.A. Availability of Funds

III.B. Requests for Clarification or Interpretation or Information

III.C. Notice to Small Business Firms

III.D. Information Concerning the Disclosure of Solicitation Results

III.E. Affirmative Procurement Program

III.F. Notice Concerning Preparation of Proposals

III.G. Bond Requirements

III.H. Contractor Performance Information

III.I. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (JUN 2018) 16

IV.B. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 1998) .. 18

IV.C. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal

The Solicitation 4

Specifications, Standards and Commercial Item Descriptions (JUN 1988)

IV.D. FAR 52.216-1 Type of Contract (APR 1984)

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

(MAY 14)

IV.F. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

IV.G. FAR 52.225-10 Notice of Buy American Requirement—Construction Materials. (MAY 2014) 23

IV.H. Buy American Exceptions

IV.I. FAR 52.233-2 Service of Protest (SEPT 2006)

IV.J. GSAR 552.236-77, Government’s Right to Exercise Options (MAR 2019)

IV.K. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

IV.L. GSAR Clause 552.102 Incorporating Provisions and Clauses by Reference

V. Instructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition Alternate I (Jan 2017)

V.B. FAR 52.219-14 Limitations on Subcontracting (JAN 2017)

V.C. FAR 52.223-21, FOAMS (JUN 2016)

V.D. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2017)

V.E. Security Requirements

V.F. Additional Clauses

VI. Method of Award

VI.A. Evaluation of Offers

VI.B. Determination of Responsibility

VI.C. Price Reasonableness

VI.D. Unbalanced Prices

VI.E. Total Evaluated Price

VI.F. Non-Price Factors

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I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses/HUBZone Small Businesses/Service-Disabled Veteran-Owned Small Businesses/Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a General Construction and Design-Build Construction Services Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Contract described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Multiple Award Contract to the selected Offerors, 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 and subsequent SF-30s 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) The Agreement

(3) Offeror Representations and Certifications Form

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

(5) Price Proposal Sheet

(6) Experience on Similar Projects Offeror Form

(7) Key Personnel Qualifications Resume Form

(8) Past Performance Reference Offer Form

(9) Past Performance Questionnaire

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(10) The Statement of Work, Specifications, and Other Exhibits

I.C. Authorized Representatives

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

(1) Authorized Representative Information:

Contracting Officer’s Information

Name: Nadia Shokry Burns Address: 1 World Trade Center, New York, NY 10007 Telephone: (646)465-4651 Email: nadia.shokry.burns@gsa.gov

(2) Alternate Authorized Representative Information

Contract Specialist’s Information

Name: Allison Wiede-Brown Address: 100 South Clinton Street, Suite 1350, Syracuse, NY 13261 Telephone: (315) 243-4272 Email: allison.wiede-brown@gsa.gov

I.D. Pre-Proposal Conference

The pre-proposal conferences shall be limited to not more than two (2) representatives from each Offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying the following requirements no later than 2 business days prior to the pre-proposal conference dates listed below.

(1) Zone 1

Date: July 15, 2019 Time: 1:00 PM – 4:00 PM EST Location: 290 Broadway, New York, NY 10007, USA

(2) Zone 2

Date: July 17, 2019 Time: 1:00 PM – 4:00 PM EST Location: 100 South Clinton Street, Syracuse 13261

(3) VAR Requirements for each representative mailto:nadia.shokry.burns@gsa.gov mailto:allison.wiede-brown@gsa.gov

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(a) Company Name

(b) Representative’s Name

(c) Representative’s Title

(d) Representative’s Telephone Number

(e) Representative’s Email Address

(f) Last four (4) digits of the individual’s Social Security number

(g) Representatives must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal conference.

(h) Notification of the location of entry, where attendees are required to meet, and all other requirements for the pre-proposal conference will be issued to the Offerors.

(4) VAR Submission

Submit the VAR to both of the points of contact listed below:

(a) Contracting Officer

Name: Nadia Shokry Burns Address: 1 World Trade Center, New York, NY 10007 Telephone: (646)465-4651 Email: nadia.shokry.burns@gsa.gov

(b) Contract Specialist

Name: Allison Wiede-Brown Address: 100 South Clinton Street, Suite 1350, Syracuse, NY 13261 Telephone: (315) 243-4272 Email: allison.wiede-brown@gsa.gov

(5) Conference Call Information

The following conference call information is available to all interested parties that are unable to attend either pre-proposal conference in person.

(a) Description: Conference Number: 1-844-419-4704

(b) Participant Code: 694-086-4658

(c) Conference Link: https://meet.gsa.gov/solicitation/

If an interested party is joining the pre-proposal conference remotely, inform Nadia Shokry Burns and Allison Wiede-Brown with your request to join via conference call.

https://meet.gsa.gov/solicitation/

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I.E. Estimated Price Range

Per Far 36.204, the magnitude of the entire requirement is more than $10,000,000.

I.F. Maximum Order Limit

The Maximum Order Limit (MOL)/Contract Ceiling amount for this acquisition is $500,000,000 for the life of all awarded Multiple Award Contracts (5 Years) and none of the individual IDIQ Contracts will have a maximum order/annual ceiling limitation.

I.G. Guaranteed Minimum

The guaranteed minimum amount under each Contract award is $2,000 for the Base Year period of each Contract. If the awardee does not receive an Order, or several Orders, totaling $2,000 or more during the Base Year period of the Contract, the Government will be obligated to pay that awardee the guaranteed minimum amount of $2,000.

I.H. FAR 52.228-1 Bid Guarantee (SEP 1996)

(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.

Note: Bid guarantees, performance, and payment bonds are not required at proposal

The Solicitation 9 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.

I.I. 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 Task Order Request for Proposal (RFP) Level:

Date: N/A Time: N/A

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site

Visit shall be limited to not more than four (4) 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.

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

Name: N/A Address: N/A Telephone: N/A Email: N/A

I.J. 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 2:00 PM EST on the following date and at the following address.

Date: August 29, 2019 Email Address: nadia.shokry.burns@gsa.gov and allison.wiede-brown@gsa.gov

(2) Offers sent by commercial package delivery, hand delivery, or United States Mail shall be deemed unacceptable. Only electronic copies shall be accepted.

mailto:nadia.shokry.burns@gsa.gov

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II. Proposals

II.A. Proposal Contents

The proposals shall consist of the following documents, completed and executed in accordance with this solicitation:

(1) Technical proposal submission requirements

(2) Price proposal submission requirements

(3) Current Certified Financial Statements & GSA-527 Form

(4) Performance and payment bond documentation

(5) Annual Representations and Certifications

(6) List of Offeror’s Authorized Representative and Alternate

II.B. Proposal Format

The instructions below provide guidance for the preparation and submission of proposals. The purpose is to establish requirements for the format and content so that proposals are complete, contain all essential information, and can be evaluated equitably.

Offerors are requested to submit a written technical response addressing all non-price evaluation factors. For the price evaluation, offerors are requested to submit the pricing sheet attached to SF-1442. All information necessary to evaluate the offeror’s technical proposal must be contained in the offeror’s submission.

Offerors are cautioned to make their initial proposal their best offer. In accordance with FAR 52.215-1(f)(4) the government intends to award on the basis of initial proposals, but reserves the right to conduct discussions if determined by the Contracting Officer to be necessary.

The proposal submission shall be submitted in two separate electronic documents for each Zone application:

(1) Price Proposal File:

(a) Standard Form 1442 (Signed) One copy

(b) Standard Form 30 (Signed) (If issued) One copy

(c) Price Sheet (Attached) One copy

(d) Current Certified Financial Statements & GSA-527 Form One copy

(e) Annual Representations and Certifications (Attached) One copy

(f) 52.204-24 Completed Form (Exhibit 18)

(g) List of Offeror’s Authorized Representative and Alternate One copy

Note: Offeror should submit a copy of the last certified financial statement prepared for the Offeror’s firm along with a copy of any interim reports since the closing date of that statement. These statements will be used in determining the Offeror’s financial capacity to perform the work required by this contract.

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(2) Technical Proposal File:

(a) Technical Response One copy

∗ The technical proposal shall not contain any pricing information, pertaining to the pricing of the requirement;

∗ The Technical Offer does not have a page limit;

∗ The technical proposal should be neat, orderly, and address all solicitation requirements. Simply repeating or paraphrasing the Description/Specification/Work Statement is not acceptable; and, ∗ The technical proposal shall use the forms provided by the government to submit their technical proposal for the specific evaluation factors detailed in section VI.F. and shall be submitted in a PDF format.

o Factor 1: Experience on Similar Projects Offeror Form o Sub-Factor 3.3: Key Personnel Qualifications Resume Form o Factor 4: Past Performance Questionnaire Offer Form o Factor 4: Past Performance Questionnaire

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF-1442, detailed Price Proposal Sheet, and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form referenced in Section II of the Agreement. Indicate the rates of each element, or if no such distinction is made, in detailed Price Proposal Sheet, 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.

II.D. Technical Proposal

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

II.E. Other Information to Submit with Price Proposal

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(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.

(3) Bonding Requirements

(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.

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

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(b) Task Order Level:

The Offeror shall submit a SF-25 (performance bond) and SF-25A (payment bond) at 100% the Task Order obligated value.

(4) Offeror’s Authorized Representative and Alternate

The Offeror shall submit the information below for both their authorized representative and alternate.

Company Name:

Representative Name:

Representative Telephone:

Representative Email:

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 and subsequent Task Orders. Award of the Contract and subsequent Task Orders 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 or subsequent Task Order awards.

III.B. Requests for Clarification or Interpretation or Information

The Government will answer timely requests for clarifications or interpretations or information of the Solicitation documents prior to the date set for receipt of proposals, but does not warrant that all such requests will be answered within 7 business days.

Prospective Offerors should make such requests by July 26, 2019 at 2:00 PM EST.

Questions are to be submitted to Nadia Shokry Burns, Contracting Officer, at nadia.shokry.burns@gsa.gov and Allison Wiede-Brown, Contract Specialist, at allison.wiede-brown@gsa.gov.

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) (www.sba.gov). 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 http://www.sba.gov/

The Solicitation 14 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 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 http://www.cpars.gov.

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

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

CPARS. The Contractor will receive several automated emails. Within thirty days of award, the Contractor will receive an e-mail that contains user account information, as well as the applicable Contract and Order number(s) assigned.

http://www.cpars.gov/

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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 (https://www.cpars.gov/webtrain.htm) 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 Documents Designated as Sensitive But Unclassified

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

https://www.cpars.gov/webtrain.htm

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IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.209-13 Violation of Arms Control Treaties or Agreements-Certification

(JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that–

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state.

The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at https://www.state.gov/t/avc/rls/rpt/; or

(2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

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(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b).

The Solicitation 18

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision)

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

(AUG 1998)

(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.C. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988)

(a) The specifications cited in this solicitation may be obtained from: GSA

Specifications Unit at (202) 755-0325. MIL Specifications may be obtained by calling (215) 697-2179.

(b) The request should identify the solicitation number and the specification required by date, title, and number as cited in the solicitation.

IV.D. FAR 52.216-1 Type of Contract (APR 1984)

The Government contemplates a Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Firm-Fixed-Price contract resulting from this solicitation.

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IV.E. 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.F. 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:

Location Goals for Minority Participation for Each Trade Goals for Female

Participation for Each Trade

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Bronx, Kings, New York, Queens, and Richmond (NY)

Electricians 9.0 to 10.2 Carpenters

27.6 to 32.0 Steam fitters 12.2 to 13.5 Metal lathers 24.6 to 25.6 Painters 28.6 to

26.0 Operating Engineers 25.6 to

26.0 Plumbers 12.0 to 14.5 Iron workers (struct) 25.9 to 32.0 Elevator constructors 5.5 to 6.5 Bricklayers 13.4 to 15.5 Asbestos workers 22.8 to 28.0 Roofers 6.3 to 7.5 Iron workers (ornamental) 22.4 to 23.0 Cement masons 23.0 to 27.0 Glaziers 16.0 to 20.0 Plasterers 15.8 to 18.0 Teamsters

22.0 to 22.5 Boilermakers 13.0 to 15.5 All others 16.4 to 17.5

6.9%

5380 Nassau – Suffolk, NY

5.8

5600 New York NY, NJ. NJ Bergen; NY Putnam; NY Rockland; NY Westchester

22.6

5640 Newark, NJ.

NJ Essex; NJ Morris; NJ Somerset; NJ Union

17.3

3640 Jersey City, NJ NJ Hudson

12.8

5460 New Brunswick - Perth Amboy - Sayreville, NJ. NJ Middlesex

5.8

4410 Long Branch - Asbury Park, NJ NJ Monmouth

9.5

6040 Paterson - Clifton - Passaic., NJ NJ Passaic.

12.9

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0160 Albany - Schenectady – Troy, NY

NY Albany; NY Montgommy, NY Rensselaer, NY Saratoga; NY Schenectady.

3.2

010 Buffalo, NY:

NY Allegany; NY Cattaraugus; NY Chautauqua; NY Wyoming. PA McKean; PA Potter.

6.3

0960 Binghamton, NY – PA

NY Broome; NY Tioga; PA Susquehanna.

1.1

008 Syracuse - Utica, NY:

NY Cayuga; NY Cortland; NY Franklin; NY Jefferson; NY Lewis; NY St.

Lawrence.

2.5

2335 Elmira, NY 2.2 NY Chemung

2.2

011 Binghamton - Elmira, NY: NY Chenango; NY Delaware; NY Otsego; NY Schuyler; NY Steuben; ; NY Tompkins; PA Bradford; PA Tioga.

1.2

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007 Albany - Schenectady - Troy, NY: NY Clinton;

NY Columbia; NY Essex; NY Fulton;

NY Greene; NY Hamilton, NY Schoharie, NY Warren; NY Washington; VT Bennington.

2.6

1280 Buffalo, NY NY Erie; NY Niagara.

7.7

009 Rochester, NY:

NY Genesee; NY Seneca; NY Yates.

5.9

8680 Utica -Rome, NY: NY Herkimer;

NY Oneida

2.1

6840 Rochester, NY: NY Livingston;

NY Monroe; NY Ontario; NY Orleans; NY Wayne.

5.3

8160 Syracuse 3.8 NY Madison; NY Onondaga; NY Oswego.

3.8

NJ Hunterdon; NJ Ocean; NJ Sussex;

NY Orange; NY Sullivan; NY Ulster;

PA Pike.

17.0

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

The Solicitation 23 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:

Zone 1 - Metropolitan New York City Area (All Federal Buildings and Leased Locations located in the following Counties):

Bronx (NY), Kings (Brooklyn) (NY), New York (Manhattan) (NY), Queens (NY), Richmond (Staten Island) (NY), Suffolk (NY), Nassau (NY), Westchester (NY), Bergen (NJ), Essex (NJ), Hudson (NJ), Middlesex (NJ), Monmouth (NJ), Morris (NJ), Passaic (NJ), and Union (NJ).

Zone 2 - Upstate New York (All Federal Buildings and Leased Locations located in the following Counties):

Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland, St.

Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming, and Ulster.

IV.G. FAR 52.225-10 Notice of Buy American Requirement—Construction Materials. (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction

The Solicitation 24 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—

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

(ii) May be accepted if revised during negotiations.

IV.H. Buy American Exceptions

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

IV.I. FAR 52.233-2 Service of Protest (SEPT 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in the provision “Receipt of Offers” in Section 1 (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.J. GSAR 552.236-77, Government’s Right to Exercise Options (MAR 2019)

(a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within 90 calendar days of contract award.

(b) If the Government exercises the option, the contract shall be considered to include this option clause.

IV.K. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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 1991 52.215-16 Facilities Capital Cost of Money JUN 2003 52.236-28 Preparation of Proposals - Construction OCT 1997 https://www.acquisition.gov/

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52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEPT 2007

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations-Representation

NOV 2015

52.216-27 Single or Multiple Awards OCT 1995 52.217-5 Evaluation of Options JUL 1990 52.222-23

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

FEB 1999

52.222-38 Compliance with Veterans’ Employment Reporting Requirements

FEB 2016

52.223-4 Recovered Material Certification MAT 2008 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals-Representation

DEC 2016

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

AUG 2018

52.232-13 Notice of Progress Payments APR 1984

IV.L. GSAR Clause 552.102 Incorporating Provisions and Clauses by Reference

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.

Number Title Date

552.217-71 Notice Regarding Option(s) NOV 1992 552.236-72 Basis of Award—Construction Contract MAR 2019 552.236-74 Evaluation of Options MAR 2019 552.252-5 Authorized Deviations in Provisions SEP 1999

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V. Instructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition Alternate I (Jan 2017)

(a) Definitions. As used in this provision-

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

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

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

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

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

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

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

(1) Unless other methods (e.g.,electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.

Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs(c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

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

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.