47PC0222R0015 Solicitation_Solicitation.pdf

GSA Solicitation No. 47PC0222R0015

Document: DB201A-SB/AUGUST 2021 (The Solicitation)

Design-Build (DB) Construction Contract for: 5th Floor East Courtroom Repairs & Alterations

The Solicitation

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

52.219-6, Notice of Total Small Business Set-Aside

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.

Properly Destroy All Documents When No Longer Needed.

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee G. FAR 52.236-27 Site Visit – Construction H. Receipt of Offers

II. Proposals

A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal

III. General Provisions

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

Building Information

IV. FAR/GSAR Solicitation Provisions

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

B. FAR 52.211-3, Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Items Description

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

Employment Opportunity for Construction F. Buy American Requirements G. Buy American Exceptions H. FAR 52.233-2 Service of Protest I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. GSAR 552.102 Incorporating Provisions and Clauses by Reference K. 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)

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. Security Requirements C. Additional Clauses

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

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project 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 Contract to the selected Offeror, subject to the conditions set forth herein.

(2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement and Attachments to the Agreement

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

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: Jayshree Tank

Address: One World Trade Center, New York, NY 10007

Telephone: 212-577-8681

Email: jayshree.tank@gsa.gov

Alternate POC Information mailto:jayshree.tank@gsa.gov

Authorized Representative Information:

Name: James Berring

Telephone: 212.306.4904

Email: james.berring@gsa.gov

I.D. Pre-Proposal Conference

Date: March 9th, 2022

Time: 2:00 PM

Location: Virtual

The pre-proposal conference will provide an opportunity for discussion of the nature of the work and problems that may be entailed.

Offerors attending must pre-register. Interested parties must contact Jayshree Tank, Contracting Officer for further information about attendance and to register for virtual Pre- Proposal Conference. An invite with including the teleconference call in information will be emailed upon registration to registered attendees Only those parties who have registered with the Contracting Officer and provided necessary information in advance of the pre-proposal will be allowed to attend. Please note that pre-proposal attendance is not mandatory; however, you all are highly encouraged to attend. Please submit the list of attendees via email to Jayshree Tank, Contracting Officer at jayshree.tank@gsa.gov and, James Berring, Supervisory Contract Specialist at james.berring@gsa,gov, no later than March 7th, 2022 by 3:00 PM. Information needed for people attending the site visit (If required information is not provided by the above-mentioned due date/time, attendee will not be permitted to attend):

• Full Name

• Title

• Company

• e-Mail address

• Phone number

No oral statement made by any Government representative during the pre-proposal conference or walk-through will be deemed to have the effect of adding to, modifying, or otherwise varying from the solicitation. In the event the discussion or questions raised during the pre-proposal conference or walk-through indicate a need to amend the mailto:james.berring@gsa.gov mailto:james.berring@gsa,gov solicitation, an amendment to the solicitation will be issued in writing and any such amendment to the solicitation must be acknowledged by the offeror in its proposal submission. All questions must be submitted in writing to the Contracting Officer. A due date and cut-off date for questions will be determined after completion of the pre-proposal conference and site visit.

I.E. Estimated Price Range

The estimated price range for the Project is between $1,000,000.00 and $5,000,000.00.

I.F. FAR 52.228-1 Bid Guarantee (SEP 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

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

(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

(2) In order to allow site investigation by offerors and minimize risk of transmission of the COVID 19 virus, each offeror can send no more than three (3) representatives to view the job site. There are four site visits scheduled to be conducted for this requirement, as detailed below in Timeline Summary. Maximum of three offeror’s representatives will be allowed to attend per site visit time slots. Registration is on first come first serve basis for the time slots.

https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3

At a minimum, offerors must ensure that participants in the walkthrough do not pose a risk of transmission of COVID 19 as defined by CDC guidelines. Masks must be worn, and social distancing GSA Northeast and Caribbean Region observed.

Please note that site visit is not mandatory; however, you all are highly encouraged to attend.

Please submit the list of attendees via email to Jayshree Tank, Contracting Officer at jayshree.tank@gsa.gov and, James Berring, Supervisory Contract Specialist at james.berring@gsa,gov, no later than the deadline listed in Timeline Summary. Information needed for people attending the site visit (If required information is not provided by the determined due date, attendee will not be permitted to attend the site visit):

• Full Name

• Title

• Company

• e-Mail address

• Phone number

Representatives must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the site visit.

(3) 52.237-1 SITE VISIT - As prescribed in 37.110(a):

(a) Offeror or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the GSA Northeast and Caribbean Region Northeast & Caribbean Region (R2) Public Buildings Service cost of contract performance, to the extent that the information is reasonably obtainable.

In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Timeline Summary:

Timeline Date Time

Site Visit Attendee Request Deadline

March 7th, 2022 3:00 PM

Site Visit (Choose only one time slot to attend)

March 10th, 2022 10:00AM to 12 Noon 1:00 p.m. - 3:00 p.m.

March 11th, 2022 10:00AM to 12 Noon 1:00 p.m. - 3:00 p.m.

Please note Registration is on first come first serve basis for the time slots.

mailto:james.berring@gsa,gov

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

Name: Jayshree Tank

Address: One World Trade Center, New York, NY 10007

Telephone: 212-577-8681

Email: jayshree.tank@gsa.gov

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 4:00 pm local time on the following date and at the following address.

Date: April 18, 2022 (Only Electronic submissions are acceptable and the Government must be in receipt by 4:00 PM EST, hard copy submission will not be accepted. Disregard (2) and (3) below.)

Address: jayshree.tank@gsa.gov and james.berring@gsa.gov

The proposal shall only be submitted to Jayshree Tank, Contracting Officer, via email at jayshree.tank@gsa.gov and James Berring, Supervisory Contracts Specialist, via email at james.berring@gsa.gov in three separate electronic documents –

1. Technical Proposal; 2. Price Proposal; and 3. Form C301 - Representations and Certifications, Standard Form 24, and GSA Form 527, Other Documents as Required as listed in Section II below.

(2) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

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

II. Proposals

II.A. Proposal Contents

Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications

4. Standard Form 24, Bid Bond mailto:jayshree.tank@gsa.gov mailto:jayshree.tank@gsa.gov mailto:james.berring@gsa.gov mailto:james.berring@gsa.gov

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

6. Other Documents as Required

II.B. Proposal Format

Proposal to be submitted separately as listed below:

The proposal shall only be submitted to Jayshree Tank, Contracting Officer, via email at jayshree.tank@gsa.gov and James Berring, Supervisory Contracting Officer, via email at james.berring@gsa.gov in three separate electronic documents –

1. Technical Proposal

i. Attachment A - Experience on Similar Projects Offeror Form - Project Fact Sheet

ii. Attachment B - PBS PAST PERFORMANCE QUESTIONNAIRE

iii. Attachment C - Key Personnel Qualification Resume Form;

2. Price Proposal, Standard Form (SF) 1442 – Solicitation Offer and Award, PRICING SHEET

(2022 02 24 Ex 11 WPCH - Courtroom 521 - Contractor Bid Sheet), Standard Form 30 (Signed) (If issued) and;

3. Form C301 - Representations and Certifications, Standard Form 24, and GSA Form 527, Other

Documents as Required.

An electronic copy of the proposal shall be submitted in the following proposal format:

Technical Proposal:

Tab 1: Experience

Tab 2: Past Performance

Tab 3: Staffing Plan

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

(3) Additional Proposal Requirements

Please submit Standard Form (SF) 1442 – Solicitation Offer and Award, PRICING SHEET (2022 02 24 Ex 11 WPCH - Courtroom 521 - Contractor Bid Sheet) along with your Price Proposal.

Offerors shall submit a price for the base contract work, all alternates and all options and a detailed breakdown of their total price proposal, including the cost for labor, materials, equipment, overhead, profit, bond, etc., as follows

CLIN Item Price

1 Base Contract Work $____________

2 Alternate No.1: Power / Data / AV Infrastructure Poke-Through $__________

3 Deduction Alternate No.1: Reflective Ceiling Plan ($_________)

4 Deduction Alternate No.2: - NOT USED

5 Deduction Alternate No.3: Courtroom 5-21 Entry Double-Doors

(D1-49)

6 Deduction Alternate No.4: Network cabling CAT6A to telecommunications room

7 Option No.1: AV Equipment Installation / Wiring / Programming

Total

II.D. Technical Proposal

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

1) Experience

This factor will consider the extent of the contractor’s experience with design-build repairs and alterations projects similar in scope and complexity of the 5th Floor East Courtroom (521) repairs and alterations at the Charles L. Brieant Jr. Courthouse.

Offerors shall submit Experience on Similar Projects Offeror Form – Project Fact Sheet (Attachment A) for three (3) completed projects/contracts/task orders (government or commercial) for Similar Projects, as defined below. Each project submission shall not exceed five pages and shall comprise of text and photos to show the completed projects along with the “Attachment A” form.

Projects must be repair and alteration projects that have been successfully and substantially completed within the past seven (7) years and must each have a minimum Contract value of one million dollars ($1,000,000). The Offeror must have served as the Prime contractor on the submitted projects. Design-build experience is preferred.

If the offeror provides more than three Similar Projects, the SSEB will only review the first three submitted based on chronology starting with the most recent contract/task order completion date.

Similar Projects (similar in size, scope, and complexity) are defined as:

● Repair and alterations projects that were performed on a two (2) story or higher building with similar complexity and objectives as described in the Description of Work to include, but not limited to, occupied office buildings, courthouses, institutional buildings (such as schools, colleges, hospitals, laboratories, airports, and municipal facilities) and/or other large commercial facilities in an urban environment.

● Repair and alterations of specialties such as, but not limited to, electrical, audio/visual (AV), information technology (IT), security, telephone & data, furniture, signage, millwork, and architectural finishes.

Offeror shall use Attachment A - Experience on Similar Projects Offeror Form – Project Fact Sheet

(2) Past Performance

The offeror shall submit a total of three references, one (1) for each project submitted under Factor No. 1. Offeror will be required to provide three (3) completed PBS Past Performance Questionnaires (Attachment B) prepared by the Owner or the contracting officer/contracting officer’s representative for each project/contract/task order (government or commercial). The offeror is responsible to ensure that contact information is current and reliable.

In its evaluation of offeror's past performance, the Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction, timely delivery of services, adherence to contract schedules, subcontractor management, cost / financial management, safety management, quality control programs, good workmanship, conformance to specifications, etc. The Government may choose to contact additional customer(s) not provided by an offeror and may obtain additional information through other sources, such as CPARS, phone interviews using all 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), and any other known sources not provided by the offeror. If negative information is received from sources not noted in the offeror’s proposal, the offeror will be given an opportunity to respond to the negative information.

In the case of an offeror without a record of past performance, the offeror will be evaluated as “Neutral” on past performance.

*The term "reliable" relates to the ability of the SSEB to contact these references. GSA will expend a reasonable amount of time and effort to contact those submitted as references. Please be advised that references will be contacted. Current e-mail addresses should also be provided for references when available to facilitate contact by the SSEB. Other project references may be considered. Note that GSA may not limit its reference contacts to those provided by the offeror;

instead, GSA may choose to contact references independent of those provided.

Offeror shall use Attachment B – PBS Past Performance Questionnaire

(3) Staffing Plan

This factor assesses the qualifications of the proposed key personnel in terms of their academic/professional qualifications and their related work experience. The individuals presented must be the individuals who will be assigned to the project.

The offeror shall submit resumes for each of the key personnel listed below. Resumes shall include all pertinent information that clearly exhibits the qualifications of the proposed personnel.

Resumes for each individual shall summarize the qualifications, professional designation, experience, education, skills and professional background information. Resumes must list the key personnel’s roles/responsibilities for the projects listed. Offeror shall use Key Personnel Qualification Form (Attachment C). Each proposed key personnel resume shall not exceed three pages and shall comprise of text and photos of past projects.

If subcontractors are to be used, indicate what work will be subcontracted and the names of the proposed subcontractors, including commitments that have been made with them. Provide resumes indicating relevant experience for the proposed subcontractors. Submit resumes for the following positions:

● Project Manager

● Construction Superintendent

● Designer of Record

● IT/AV Designer

Expected Qualifications for Key Personnel:

Project Manager:

The Project Manager shall have a minimum of five (5) years of construction project management experience having managed projects similar in size, complexity, and scope as defined in Factor No. 1.

Construction Superintendent:

The Construction Superintendent shall have a minimum of five (5) years of construction experience as a superintendent on projects of similar size, complexity and scope as defined in Factor No. 1.

Architect/Engineer of Record:

The Designer of Record shall have a minimum of five (5) years of design and construction experience and be a licensed professional in the State of New York having served as the lead designer of record on projects of similar size, complexity and scope as defined in Factor No. 1.

AV/IT Designer:

The IT/AV Designer shall have a minimum of five (5) years of design and construction experience having designed IT/AV projects similar in size, complexity, and scope as defined in Factor No. 1.

The offeror shall utilize the personnel named in its offer to perform the services required under this contract. In the event that any of the personnel named in the accepted proposal become unavailable, the offeror shall promptly submit a complete written resume for a proposed substitution, any other information necessary for the GSA to approve or disapprove, and a detailed explanation of the circumstances necessitating the proposed substitution.

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-SAT).

(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.

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 15 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.

https://www.sam.gov/ http://www.sba.gov/

III.D. Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by FAR 15.503.

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to Clause FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Bond Requirements

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond and payment bond as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.H. Contractor Performance Information

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

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

Completed CPARS evaluations may then be used by Federal acquisition community for use in making source selection decisions. CPARS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

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

http://www.cpars.gov/ https://www.cpars.gov/lc.htm

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

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

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

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

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

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

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 98)

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

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

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

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

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

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

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

(MAY 14)

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

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

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

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

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

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

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

22.6% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is: New York, Westchester County, White Plains

IV.F. Buy American Requirements

52.225-9 Buy American-Construction Materials.

Buy American-Construction Materials (Nov 2021)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and https://www.acquisition.gov/far/2.101#FAR_2_101

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the

Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United

States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic.

Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C.chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See

FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

_none________________________

(3) The Contracting Officer may add other foreign construction material to the list in paragraph

(b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/12.505#FAR_12_505

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description Unit of Measure Quantity

Price

(dollars)*

Item1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

(End of clause)

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

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

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

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

(ii) May be accepted if revised during negotiations.

(End of Provision) https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.gsa.gov/forms-library/solicitation-offer-and-award-construction-alteration-or-repair https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.acquisition.gov/far/part-52#FAR_52_225_9

IV.G. Buy American Exceptions

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

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

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

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

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

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

Federal Acquisition Regulation

NUMBER TITLE DATE

52.214-34 Submission of Offers in…