47PC0222R0019 Solicitation _ Final.pdf

The Solicitation

Solicitation No.: 47PC0222R0019

General Construction & Design-Build Construction Services for the Caribbean

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 U.S. 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, or Sole-Source Award to, 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.

Properly Destroy All Documents When No Longer Needed.

GSA Solicitation No. 47PC0222R0019

Table of Contents I. General Information

I.A.

LB.

LC.

I.D.

I.E.

I.F.

LG.

I.H.

I.I.

I.J.

The Solicitation and Contract

List of Solicitation Docwnents

Authorized Representatives

Pre-Proposal Conference

Estimated Price Range

Maximum Order Limit

Guaranteed Minimum

FAR 52.228-1 Bid Guarantee (SEP 1996)

FAR 52.236-27 Site Visit- Construction (Feb 95)

Receipt of Proposals

II. Proposals

II.A.

II.B.

II.C.

II.D.

II.E .

II.F.

Proposal Contents

Proposal Format

Price Proposal

Technical Proposal

Other Information to Submit with Price Proposal

Requirements of Joint Venture Offerers

III. General Provisions

III.A.

III.B.

III.C.

III.D.

III.E.

III.F.

III.G.

III.H.

Availability of Funds

Requests for Clarification or Interpretation or Information

Notice to Small Business Firms

Information Concerning the Disclosure of Solicitation Results

Affirmative Procurement Program

Notice Concerning Preparation of Proposals

Bond Requirements

Contractor Performance Information

III.I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information 16

III.]. INFORM 2.0

IV. FAR/ GSAR Solicitation Provisions

IV.A. FAR 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (Nov 2021) 19

The Solicitation Page 2 I 56

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) 21

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) 21

IV.D. FAR 52.216-1 Type of Contract (APR 1984) 22

IV.E . FAR 52.222-5 Construction \Vage Rate Requirements- Secondary Site of the \Vork

(MAY 2014) 22

IV.F. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) 22

IV.G. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials (MAY 201~ 24

IV.H. Buy American Exceptions 25

IV.I.

IV.J.

FAR 52.233-2 Service of Protest (SEPT 2006)

FAR 52.252-3 Alterations in Solicitation (APR 1984)

Portions of this solicitation are altered as follows:

N / A 25

IV.K.

IV.L.

IV.M.

IV.N.

GSAR 552.236-7 4 Evaluation of Options (MAR 2019)

GSAR 552.236-77, Government's Right to Exercise Options (MAR 2019)

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

GSAR Clause 552.102 Incorporating Provisions and Clauses by Reference

IV.N . Small Business Subcontracting Plan

V. Instructions and Clauses

V.A.

V.B.

v.c.

V.D.

V.E.

V.F.

FAR 52.215-1 Instructions to Offerers - Competitive Acquisition (Nov 2021)

FAR 52.219-14 Limitations on Subcontracting (JAN 2017)

FAR 52.223-21, FOAMS (JUN 2016)

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

Security Requirements

Additional Clauses

VI. Method of Award

VI.A.

VI.B.

VI.C.

VI.D.

VI.E .

Evaluation of Offers

Determination of Responsibility

Price Reasonableness

Unbalanced Prices

Total Evaluated Price

VI.F . Non-Price Factors

The Solicitation Page 3 I 56

VI.G. Evaluation of Joint Venture Offerers 56

The Solicitation Page 4 I 56

I. General Information

I.A. The Solicitation and Contract

(1) 1bis Solicitation is set-aside for Small Businesses Concerns Eligible Under the Small Business Program, in accordance with FAR 19.

The solicitation set-aside requirements is identified as seen below:

There will be up to a total of seven (7) IDIQ awards;

There will be up to one (1) IDIQ award reserved for HubZ one;

There will be up to one (1) IDIQ award reserved for SDVOSB;

There will be up to one (1) IDIQ award reserved for WOSB;

E ach Offerer's socioeconomic status will be checked in the System for Award

Management (SAM) at the time of proposal submission and at award for validation purposes. An offer will not be evaluated or considered for award if it fails to meet the Small Business size status requirements under NAICS Code 236220, Commercial and Institutional Building Construction;

In the event that there is an insufficient number of acceptable Offers with fair and reasonable price from a particular socioeconomic category, then the remaining numbers of IDIQ awards shall go to a Small Business company.

1bis Solicitation sets forth requirements for proposals for a General Construction and D esign-Build Constrnction Services Multiple Award Indefinite D elivery 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 O fferers, subject to the conditions set forth herein.

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

(3) The O fferer'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 Offerer and delivered to the Contractor a copy of the SF-1442 and subsequent SF-30s, if any issued, with

The Solicitation Page 5 I 56 original signatures together with the Agreement reflecting the Offerer's proposed puces.

LB. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) The Agreement and Attachments to the Agreement

(3) Offerer Representations and Certifications Form

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

(5) Price Proposal Sheet

(6) Experience on Similar Projects Offerer Form

(7) Key Personnel Qualifications Resume Form

(8) Past Performance Questionnaire

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

LC. Authorized Representatives

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

(1) Authorized Representative Information:

Contracting Officer's Information

Name:

Address:

Telephone:

Email:

Jayshree Tank 1 World Trade Center, New York, NY 10007 (212)-577-8681 jayshree. tank@gsa.gov

(2) Alternate Authorized Representative Information

Supervisory Contract Specialist's Information

Name: James Bening Address:

Telephone:

100 South Clinton Street, Suite 1350, Syracuse, NY 13261 (315)-751-6837

The Solicitation Page 6 I 56

Email: jam es.berring@gsa.gov

I.D. Pre-Proposal Conference

The pre-proposal conferences shall be limited to not more than two (2) representatives from each Offeror. Offerers 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.

Date: TBD Time: TBD Location: Virtual

(1) VAR Requirements for each representative

(a) Company Name

(b) Representative's Name ( c) Representative's Title ( d) Representative's Telephone Number

(e) Representative's Email Address

(2) VAR Submission

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

(a) Contracting Officer

Name: Jayshree Tank Address: 1 World Trade Center, New York, NY 10007 Telephone: (212)-577-8681 Email: javshree. tank@gsa.gov

(b) Supe1viso1y Contract Specialist

Name: James Bening Address: 100 South Clinton Street, Suite 1350, Syracuse, NY 13261 Telephone: (315)-751-6837 Email: jam es.berring@gsa.gov

I.E. Estimated Price Range

Per Far 36.204 and GSAM 536.204, the magnitude of tl1e entire requirement is more tl1an $10,000,000. The magnitude of the individual construction projects will be disclosed at the task order level. Task Orders under tlus IDIQ will be between $0 and $10 million.

The Solicitation Page 7 I 56

I.F. Maximum Order Limit

The Maximum Order Limit (MOL)/Contract Ceiling amount for this acquisition is $150,000,000 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 T reasury D epartment 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 S3,000,000, 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 submission on the IDIQ level. However, documentation proving the Offeror's ability to successfully obtain performance and payment bonds with a

The Solicitation Page 8 I 56 minimum limit of $5,000,000 for single projects and $12,000,000 as an ag:g:reg:ate limit is required.

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, Offerers 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:

D ate:

Time:

N / A N / A

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. Task Order level RFP will provide additional information, including if the Site Visit shall be limited to a number of representatives from each Offerer. O fferers 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 Offerers. 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 Proposals

(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 3:00 PM EDT on the following date and at the following address.

D ate: May 18, 2023

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

(2) O ffers sent by commercial package delivery, hand delive1y, or United States Mail shall be deemed unacceptable. Only electronic copies shall be accepted.

The Solicitation Page 9 I 56

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) Offerer's ability to obtain Performance and payment bond documentation

(5) Annual Representations and Certifications

(6) List of Offerer's Authorized Representative and Alternate

11.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.

Offerers are requested to submit a written technical response addressing all non-price evaluation factors . For the price evaluation, offerers are requested to submit the pricing sheet attached to SF-1442. All information necessaiy to evaluate the offerer's technical proposal must be contained in the offerer's submission.

Offerers are cautioned to make their initial proposal their best offer. In accordance with FAR 52.215-1(t) (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 necessaiy.

The proposal submission shall be submitted in two separate electronic documents as listed below:

(1) Price Proposal File:

The Solicitation

(a) Standard Form 1442 (Signed)

(b) Standard Form 30 (Signed) (If issued) ( c) Price Sheet (Attached)

(d) Current Certified Financial Statements & G SA-527 Form

(e) Annual Representations and Certifications (Attached)

(t) List of Offerer's Authorized Representative and Alternate

(g) Offerer's ability to obtain performance and payment bonds

One copy One copy One copy One copy One copy One copy One Copy

Note: Offerer should submit a copy of the last certified financial statement prepared for the Offerer's firm along with a copy of any interim reports since the

Page 10 I 56 closing date of that statement. These statements will be used in determining the Offerer's financial capacity to perform the work required by this contract.

(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 O ffer has a page limit of 50 pages;

* The technical proposal should be neat, orderly, and address all solicitation requirements. Simply repeating or paraphrasing the D escription/ 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 O fferer Form (Exhibit 5) o Sub-Factor 3.3: Key Personnel Qualifications Resume Form(Exhibit 6) o Factor 4: Past Performance Questionnaire (Exhibit 7)

11.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 a detailed Price Proposal Sheet, which must be fully executed by the O fferer.

(2) Qualifications, Exclusions and Conditions

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

11.D. Technical Proposal

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

The Solicitation Page 11 I 56

11.E. Other Information to Submit with Price Proposal

(1) Representations and Certifications

Offerers are reminded their System for Award Management (SAM) registration status must be "Active", at the time their offer is submitted, to be considered for award (see 52.204-7) . Offerers 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. Offerers shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204- 8), using the attached Offerer's Representations and Certifications (C301-SA1).

(2) Qualifications of Offerers

Offerers submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerers 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. H owever documentation proving the Offerer's ability to successfully obtain performance and payment bonds with a minimum limit of $5,000,000 for single projects and $12,000,000 as an aggregate limit shall be provided by the Offerer.

(b) Task Order Level:

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

( 4) Offerer's Authorized Representative and Alternate

The Solicitation

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

Company Name:

Representative Name:

Representative Telephone:

Page 12 I 56

Representative Email:

11.F. Requirements of Joint Venture Offerors

(1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.

(2) An authorized representative of each member of the joint venture must sign the SF-1442 accompanying an offer regardless of any agency relationship established between the members.

(3) In the case of corporations that are joint venture members, the corporation secretaiy must certify that the corporation is authorized to pai-ticipate in the joint venture, either by ce1-tifying in the joint venture agreement, or by submitting a separate ce1-tification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

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

The Solicitation Page 13 I 56

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 Offerers should make such requests by April 25, 2023 at 3:00 PM EDT.

Questions are to be submitted to Jayshree Tank, Contracting Officer, at jayshree.tank@gsa.gov and James Bening, Supervisory Contract Specialist, at james.berring@gsa.gov.

111.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) (,v-vw.sba.~ov). For information concerning SBA's surety bond guarantee assistance, contact the local SBA District Office.

111.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.

111.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. Offerers should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement.

Refer to Clause FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

The Solicitation Page 14 I 56

Offerers 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.

111.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. Offerers 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 52.228-1 1 Pledge of Assets.

111.H. Contractor Performance Information

(1) Evaluating Contractor Performance: GSA is using the Contractor Performance Assessment Reporting System (CP ARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CP ARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CP ARS is http:/ /www.cpars.gov.

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

(2) CP ARS Registration: Each award requiring an evaluation must be registered in CP ARS. The Contractor will receive several automated emails. \Vithin 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 CP ARS Training: Contractors may sign up for CP ARS training. A schedule of classes will be posted to the CP ARS training site (J1tq;>s://www.cpars.gov/lc.htm) and updated as needed.

( 4) Contractor Representative (CR) Role: All evaluations will be sent to the Contractor Representative (CR) named on your award. The CR will be able to access CP ARS to review and comment on the evaluation. If your CR is not already in the CP ARS 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.

The Solicitation Page 15 I 56

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 D ocuments may have been designated as Controlled Unclassified Information (CUI) building information. With respect to such information, Offerers shall agree to the terms for receipt of such information, as set fo1th in the provision "Administrative Matters" in Section III of the Agreement, as a condition of receipt of such information.

111.J. INFORM 2.0

A. Overview of the IN-depth Feedback through Open Reporting Methods (INFORM?)

Process

This solicitation is part of an initiative using the INFORNI. The process is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM seeks to increase GSA-indust1y communication by providing clearer and more complete information to explain the award decision.

Through the IN FORNI process, GSA will seek to share additional information with offerers in writing and/ or through an oral feedback meeting that is not required by statute or regulation. For purposes of this solicitation, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offerer with the opportunity to participate in the IN FORM process as fu1ther discussed below.

B. D etailed D escription of the INFORNI Process

B.1. Component 1 - Notification of Award

The Solicitation Page 16 I 56

After award and in accordance with any post-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerers (The Notification Letter and Evaluation Statement (NLES)) . The notices will contain:

• All information required by statute or regulation;

• An unredacted copy of the complete technical evaluation for that particular offerer that includes a full description of the unsuccessful offerer's strengths, weaknesses, risks, and deficiencies;

• An overall technical evaluation summary for that particular offerer and the successful off eror that includes evaluated price; overall technical ranking, rating, or score.

B.2. Component 2 - Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NLES, an offerer may, but is not required to:

• submit a written request to the contracting officer for an oral feedback meeting;

• submit a list of written questions to the contracting officer; or

• take no further action.

If the offerer timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR 15.506. If an offerer does not request an oral feedback meeting or submit a list of written questions within the three day time period, the receipt of the NLES concludes the INFORM process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offerer submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer's response to the written questions will conclude the INFORM process and any corresponding post award debriefing as further set forth at FAR 15.506.

If the offerer requests an oral feedback meeting, the offerer should provide the following information:

• Primary point of contact;

• List of participants with titles (e.g., Senior Vice President);

• List of topics to assist GSA better prepare for the oral feedback meeting; and

• Preference for in-person, telephone, or web-based conferencing (if available).

B.3. Component 3 - Oral Feedback Meeting

The Solicitation Page 17 I 56

During the oral feedback meeting, GSA's objectives are to provide:

• Reasonable responses to written questions submitted by the offerer;

• Explanations for the evaluation conclusions and contract award decisions;

• Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational;

• Reasonable responses to additional questions raised during the meeting;

• Additional transparency into the underlying competition process; and,

• A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation.

B.4. Component 4 - Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offerer may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless othe1wise noted by the contracting officer, the INFORM process and any corresponding postaward debriefing as further set fo1th at FAR 15.506 will have concluded.

If the offerer elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

The Solicitation Page 18 I 56

IV. FAR/ GSAR Solicitation Provisions

IV.A. FAR 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (Nov 2021)

(a) 1bis provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.

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

_ (1) The Offerer 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 Secreta1y of State's determination that a foreign count1y 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 at ht4>s: / h.vww.state.~ov /bureaus-o ffices / under-secreta1y-for -arms-con trol-and-intematio nal-security af fairs /bureau-o f-arms-control-verification-and-com12liance / : and

(ii) No entity owned or controlled by the Offerer has engaged in any activity that contributed to or was a significant factor in the President's or Secretaiy of State's determination that a foreign count1y 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 at ht4>s: / h.v-vw.state.~ov /bureaus-o ffices / under-secretarv-for -arms-con trol-and-intemational-securitv aff airs /bureau-o f-arms-control-verification-and-com12liance / : or

_ (2) The Offerer 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)(l ) of this provision). For clarity, references to the report in this section refer to the entirety of the

The Solicitation Page 19 I 56 annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified repo1t.

(1) Check the table of contents of the annual unclassified repo1t and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offerer or any person owned or controlled by the Offerer may have engaged in any activity related to one or more of such foreign countries.

(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 count1y 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 ce1tify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offerer or any person owned or controlled by the Offerer 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 necessa1y, 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 Offerer may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Depa1tment of State will respond to such email inquiries within 3 business days.

( d) Do not submit an offer unless-

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

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

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

(ii) D etermined 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) .

(e) Remedies. The certification in paragraph (b)(l ) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offerer 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 D escriptions, 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, D C 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or D epartment 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)

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(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 tl1e solicitation.

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

The Government contemplates a Multiple Award Indefinite D elivery Indefinite Quantity (ID IQ) Firm-Fixed-Price contract resulting from tliis solicitation.

IV.E. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work (MAY 2014)

(a)

(b)

(1) The offerer shall notify tl1e Government if tl1e offerer intends to perform work at any secondary site of tl1e work, as defined in paragraph (a)(l )(ii) of tl1e FAR clause at 52.222-6, Construction \Vage Rate Requirements, of tliis solicitation.

(2) If the offerer is unsure if a planned work site satisfies tl1e criteria for a secondaiy site of tl1e work, the offerer shall request a determination from the Contracting Officer.

(1) If the wage determination provided by tl1e Government for work at the primaiy site of the work is not applicable to tl1e secondary site of tl1e work, tl1e offerer 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 offerer's request for a wage determination for a secondary site of tl1e work.

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

(a) The offerer's attention is called to tl1e Equal Opportunity clause and tl1e Affirmative Action Compliance Requirements for Construction clause of tliis solicitation.

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

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Location Goals for Minority Goals for Female Participation for Each Trade Participation for Each

Trade Caribbean N / A 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 tl1roughout tl1e length of the contract, and in each trade.

The Contractor shall make a good faitl1 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 tl1e contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance witl1 the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to tl1e D eputy Assistant Secretary for Federal Contract Compliance, U.S. D epartment 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 tl1e subcontractor;

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

(3) E stimated dollar amount of tl1e subcontract;

(4) E stimated starting and completion dates of the subcontract; and

(5) Geographical area in which tl1e subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from tliis solicitation, tl1e "covered area" is:

Puerto Rico and the U.S. Virgin Islands defined as Caribbean Region.

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IV.G. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials

(MAY2014)

(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.

The Solicitation

(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

Page 24 I 56 equivalent domestic construction material, and the offeror shall be required to furn ish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested-

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

IV.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 witl1 an agency, and copies of any protests that are filed with the Government Accountability O ffice (GAO), shall be served on tl1e Contracting O fficer (addressed as follows) by obtaining written and dated acknowledgment of receipt from tl1e Contracting O fficer at the address provided in tl1e provision "Receipt of Offers" in Section 1 (General Information).

(b) The copy of any protest shall be received in tl1e office designated above witliin one day of filing a protest with tl1e GAO.

IV.J. FAR 52.252-3 Alterations in Solicitation (APR 1984)

Portions of this solicitation are altered as follows:

N / A

IV.K. GSAR 552.236-7 4 Evaluation of Options (MAR 2019)

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for tl1e basic requirement. Evaluation of options will not obligate the Government to exercise tl1e option(s) .

(End of provision)

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

(a) The Government may exercise any option in writing in accordance with tl1e terms and conditions of tl1e contract witlun 30 calendar days of contract expiration date.

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

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

1bis 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 offerer is cautioned that the listed provisions may include blocks that must be completed by the off eror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offerer 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 T itle Date 52.214-34 Submission of Offers in the English Language APR 1991 52.215-16 Facilities Capital Cost of Money TUN 2003 52.236-28 Preparation of Proposals - Construction OCT 1997 52.203-11 Certification and Disclosure Regarding Payments to Influence SEPT2007

Certain Federal Transactions 52.204-7 System for Award Management OCT2018 52.204-16 Commercial and Government Entitv Code Reporting TUL 2016 52.204-17 Ownership or Control of Offerer TUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic NOV2015

Corporations-Representation 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 FEB 1999

Equal Employment Opportunitv for Construction 52.222-38 Compliance with Veterans' Employment Reporting FEB 2016

Requirements 52.223-4 Recovered Material Certification MAY2008 52.223-22 Public Disclosure of Greenhouse Gas Emissions and DEC 2016

Reduction Goals-Representation 52.225-25 Prohibition on Contracting with Entities Engaging in Certain AUG 2018

Activities or Transactions Relating to Iran-Representation and Certifications

52.232-13 Notice of Progress Payments APR 1984

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

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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 T itle D ate 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 NOV2021

IV.N . Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as described under FAR 52.219-9, is not required to be submitted with offers as only small business concerns will be considered for award.

V . Ins tructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors - Competitive Acquisition (N ov 2021)

(a) Definitions. As used in this provision-

T he Solicitation

"Discussions" are negotiations that…