GSA_Solicitation_-_PR_IDIQ.pdf

GSA Solicitation No. 47PC0318R0003

Region 2 Multiple Award Indefinite Delivery/Indefinite Quantity Repair and Alteration Contracts for GSA Projects for Puerto Rico and the US Virgin Islands under the Simplified Acquisition Threshold

The Solicitation

Notice to Offerors of HUBZone

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

52.219-3 (b)(3) – Notice of HUBZone Set-Aside or Sole Source Award

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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 52.236-27 Site Visit - Construction G. Receipt of Offers

II. Proposals A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal F. Requirements for Joint Venture Offerors

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Information H. Safeguarding Documents Designated as Sensitive But Unclassified

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IV. FAR/GSAR Solicitation Provisions

A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American G. Buy American Exceptions H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

V. Method of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness / Price Realism D. Unbalanced Prices E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offerors

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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 Contracts to the selected Offerors, subject to the conditions set forth herein.

(2) This Solicitation is a Total Small Business Set-Aside with up to five (5) awards reserved for HUBZones, in accordance with FAR 19:

a) Each offeror will be checked in www.sam.gov to validate socioeconomic status at proposal submission and at award. An offer will not be evaluated or considered for award if it fails to meet the socioeconomic status requirements;

b) The evaluation Board will award up to five (5) of the lowest price technically acceptable (LPTA) HUBZones.

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 Offerors, subject to the conditions set forth herein.

(3) An 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.

This Solicitation sets forth requirements for proposals for up to five (5) separate Single Awards, Indefinite Delivery / Indefinite Quantity Repair and Alteration Contracts as described in the attached Agreement.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

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

(3) SF 30 as applicable

(4) Offeror Representations and Certifications Form or Copy of sam.gov account

Pages 4 of 27 http://www.sam.gov/

(5) Other Forms Required For Submission with Proposals

(7) The Agreement and Attachments (SOW, Specifications….)

I.C. Authorized Representatives

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

(1) Primary Point of Contact:

Name: Sung Yoo Address: One World Trade Center, 54th Floor, New York, NY 10007 Telephone: 212-264-4256 Email: sung.yoo@gsa.gov

(2) Alternate Point of Contact

Name: Brittney Pulley Address: One World Trade Center, 54th Floor, New York, NY 10007 Telephone: 212-306-4980 brittney.pulley@gsa.gov

I.D. Pre-Proposal Conference

(1) A pre-proposal conference regarding this Solicitation will be held as follows:

Date: May 2, 2018 Time: 9:00 AM EST Location: Meetingspace

(Meeting Space Instructions will be sent out via posting of an Amendment on

FBO).

The Pre-Proposal Conference is not mandatory and has no bearing on technical scores.

However, contractors are encouraged to attend.

I.E. Estimated Price Range

Not Applicable

Pages 5 of 27 mailto:brittney.pulley@gsa.gov

I.F. FAR 52.236-27 Site Visit - Construction (FEB 95)

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

(2) Site visits will be conducted by appointment only. To arrange for a site visit, contact:

Name: Leandro Rivera Alfonso

Address: 150 Chardon Ave, Room 359 Hato Rey, PR 00918

Telephone: (787) 398-9765 Email: leandro.rivera-alfonso@gsa.gov

I.G. Receipt of Offers

(1) In order to be considered for award, electronic offers conforming to the requirements of the Solicitation must be received on, or before, the following date at the following email addresses no later than:

Date: May 23, 2018 Time: 4:00 P.M. EST Email: sung.yoo@gsa.gov and brittney.pulley@gsa.gov

(2) All Offers shall be submitted via electronically.

II. Proposals

II.A. Proposal Contents

Offeror’s are required to submit a separate Price Proposal and Technical Proposal.

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

(1) Price Proposal

(a) Standard Form (SF) 1442; Please place All Inclusive Coefficient into block 17 of SF 1442, “Amounts.”

Pages 6 of 27 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 mailto:sung.yoo@gsa.gov mailto:brittney.pulley@gsa.gov

(b) Representations and Certifications (C301) or as listed in firm’s sam.gov profile (Attachment)

(c) Standard Form 527 - Contractor’s Qualification and Financial Information (Attachment)

(d) Standard Form 24 Bid Bond in the amount of $250,000.00 (Attachment); or an Irrevocable Letter of Credit from your bank or surety.

- Latest certified financial statements and balance sheets are to be submitted.

- **A Line of credit from your bank or surety will assist the government in assessing your financial capabilities.**

(2) Technical Proposal See Section II.D and V. for technical proposal contents.

II.B. Proposal Format

Offerors are to submit an email with the subject line: Example: “PROPOSAL – Puerto Rico and US Virgin Islands for R&A Services”.

Email packages will contain two (2) pdf files as described below:

(1) Attachment Labeled “(Contractor Name) Pricing – Puerto Rico and US Virgin Islands MA IDIQ for R&A Services”:

(a) Standard Form 1442

(b) C301 Reps and Certs

(c) Standard Form 527

(d) Standard Form 24 or Irrevocable Letter of Credit, and all financial documents

(2) Attachment Labeled “(Contractor Name) Technical – Puerto Rico and US Virgin

Islands MA IDIQ for R&A Services”.

II.C. Price Proposal

(1) Price Evaluation: Pricing for this contract will be based upon the R.S. Means Building Construction Costs Book (hereafter referred to as the R.S. Means Book). The R.S. Means Book will be used for the duration of this Contract. The version of R.S. Means Book that is current on the date of contract award shall be utilized until each option period is exercised. Thereafter, the calendar year edition/version of the R.S. Means Book that is current on the date that each option is exercised shall be utilized.

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The “Bare Cost” from the R.S. Means Book, when multiplied by the city cost index and the Offeror’s proposed coefficient, will establish Task Order pricing. The Bare Cost of a unit of work will be determined by the R.S. Means column entitled “Bare Cost”, NOT the column entitled “Total Incl O&P” (Overhead & Profit).

Note regarding individual Task Orders under this IDIQ:

In order to protect not only the interest of the Government but also the contractor, each individual delivery order proposal shall be a detailed cost estimate showing each line item selected from the R.S. Means with the pricing from the total column (Not the “Total Inc. O&P” column). The subtotal from that column is multiplied by the city cost index and then again by the coefficient for the total price.

The contractor will make their own independent estimate based off of their interpretation of the SOW and measurements taken at the task order site visit. It is the contractor’s responsibility to have R.S. Means.

An IDIQ contractor will not be penalized for not submitting a proposal in response to an RFQ, other than if they do not respond to ANY as they will then forfeit the $2,000 guaranteed minimum.

For each Task Order RFQ, the contractor will receive a Statement of Objectives (SOO) from the government and make their own independent estimate based off of their interpretation of the SOO, and measurements taken at the task order site visit. The contractor shall submit a Statement of Work (SOW), with their proposal, to reflect and verify their interpretation of the Task Order requirements.

(2) Price Submission: One bid factor is required for the Base and each Option Year, which shall apply to all work items for which a unit price is stated in the 2017 R.S. Means Building Construction Cost Data. (Example: The unit prices listed in the 2017 R.S. Means Building Construction). GSA is requiring one coefficient for all base and option years. The definition of the coefficient is any costs not included in a given line item within R.S. Means, such as overhead, profit, permits, project supervision, insurance, etc.

Cost Data are bare costs. Bare cost equals a factor of 1.000, the same as “NET”, all other bid factors “MINUS” or “PLUS” will be added or subtracted from the bare cost factor. A “MINUS” 4% shall be written 0.96, a “PLUS” 4% shall be written 1.040 and “NET” shall be written 1.000.

The single offered bid factor for the base and each option period will be applied to all work items for which a unit price is stated in the Price Schedule that are ordered via task orders in the respective base/option period.

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Regarding the pricing for the coefficient - only 1 coefficient would be bid for ALL base and option years. The reason behind this is because the pricing in R.S. Means is updated each year, in May, and the coefficient is a multiplier applied to that amount that covers overhead and profit and that percentage markup should remain constant. Each line item in R.S. Means has a material, labor and equipment cost that equals the total cost for that line item. The equipment cost is included when it is identified in the crew associated to the line item. If the crew listing does not include a piece of equipment that is required to do the job due to the specific nature of the task order, there is a section in R.S. Means that has equipment rental rates. Any foreseen subcontractor markups must be included in the coefficient. Division 1 in R.S. Means are NOT allowed in any task order.

The Price Proposal shall include a fully executed SF 1442. Each Offeror must completely provide all information as requested on this document. The prices offered by the contractor may be negotiated during the source selection process.

(3) 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.

The price proposals will only be considered after all technical evaluations have been completed and considered acceptable.

II.D. Technical Proposal

The Technical Proposal shall include the information requested below.

Factor 1: Experience on Similar Projects (Acceptable/Unacceptable)

This factor evaluates the extent of the Offeror’s past experience as a firm in providing similar Repair and Alterations to determine the firm’s experience in completing the tasks detailed in the scope of work. The Offeror must demonstrate successful experience as a General Construction (GC) Contractor responsible for the Repair and Alterations of two (2) similar projects substantially completed within the last five (5) years. Two (2) projects must be submitted.

For each reference identified, Offerors are required to provide a narrative explaining how the

Pages 9 of 27 firm’s past experience on the submitted project is relative and will lead to the successful delivery of this solicitation. The following information should be included in the narrative.

*Building name and address;

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

*Size of project in the number of square feet and number of stories;

*Name of project, date started, date substantially complete, date contract complete, and location the work took place;

*Description of services performed/project;

*Original date for substantial and contract completion at the time of award and explanation for any variance from that date;

*Project challenges if any and steps to overcome those challenges;

*Construction contract value at time of award and at time of completion and explanation of any variance;

*Describe the security clearance obtained for the project, if any were required;

*A point of contact complete with a mailing address, e-mail address, telephone number.

A “similar project” is defined as a project that is comparable in nature, type, and complexity as defined by the following criteria:

Experience Project Submission Requirements

● Project involved the repair and alterations of a comparably sized structure

● Total project cost at award of each project were not less than $100,000.00 dollars and does not exceed $250,000.00.

Combined reference requirements at least 3 of the 5 following characteristics must be included:

● Project was performed in an occupied and functioning office building;

● Project involved a combination or sampling of the following disciplines - civil, structural, HVAC, plumbing, electrical, fire alarm, and telecommunications;

● Project involved historic restoration or repair and alteration of a building listed or eligible to be listed on the National Register of Historic Places;

● Project involved Hazardous Material abatement (e.g., asbestos, lead, PCBs, mold, etc.).

● Project involved requirements for noise control

Factor 2: Key Personnel and Organizational Structure (Acceptable/Unacceptable)

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(1) Key Personnel:

This factor evaluates the offerors’ demonstrated qualifications of the key personnel.

The Offeror must provide resumes for the following Key Personnel:

● Project Manager for Construction

● On-Site Construction Superintendent

● Quality Control Manager

● Project Scheduler (Project Scheduler resume must indicate Scheduling Software experience (e.g. Primavera, Microsoft Project, etc).

All Resumes must include the following information and may not exceed two (2) pages per Resume:

● Name and title

● Project assignment

● Name of firm with which associated

● Years of experience with firm (in the key personnel’s field of expertise/discipline) and years of experience with other firms (in the key personnel’s field of expertise/ discipline).

Multiple disciplines can be performed by same person, as long as clearly stated within resume to show detailed understanding of tasks involved.

o Project Manager for Construction-must possess a minimum of 5 years o On-Site Construction Superintendent–must possess a minimum of 5 years o Quality Control Manager-must possess a minimum of 5 years o Project Scheduler – must possess a minimum of 2 years

● List of projects in which the individual has worked to include Name of project(s) and project location(s).

(2) Organizational Structure:

Each offeror shall also provide a written narrative and organizational chart that describes the vendor's organizational structure and details the lines of communication, relationships, and responsibilities of the proposed key personnel and any other additional personnel that the vendor deems as essential to meet the requirement described in the RFP. The narrative shall include details of specific assignments and other significant information for each member designated as key personnel and the identification of anticipated duties.

The organizational structure will be evaluated based on the extent to which the offeror

Pages 11 of 27 demonstrates sound business practices in response to the requirements in the solicitation, the extent to which the offer clearly demonstrates an understanding of the organizational structure, and the ability to staff the non-key personnel portion of the task order with personnel who meet the minimum personnel qualifications, both initially and over the life of the task order.

Factor 3: Past Performance of Offeror (Acceptable/Neutral/Unacceptable)

This factor considers the past performance of the Offeror, and will be evaluated as part of the responsibility determination.

The Offeror’s past performance record must demonstrate satisfactory performance on two (2) comparable projects substantially completed within the last five (5) years. Any proposal which does not demonstrate satisfactory performance on two (2) similar projects substantially completed within the last five (5) years will not be considered technically acceptable (Please see Factor 1 for definition of a “similar project”).

The Offeror must provide a PBS Past Performance Questionnaire, GC Reference Form for each reference (a person or persons who may be contacted regarding the quality of the Offeror’s past performance). The name, title, company name, current address, current phone number, and current email address for each reference must appear on the form. Forms must be signed and dated by reference.

Offeror shall submit two (2) references of ongoing or completed contracts (government or commercial) for general construction/repair and alteration services.

In the case of an offeror without a record of relevant past performance or for whom information or past performance is not available; the offeror may not be evaluated favorably or unfavorably on past performance. The rating shall be characterized as NEUTRAL in such circumstances.

Note:

1) The reference forms do not necessarily need to be from projects listed in Factor 1, but can be.

2) Contractor Performance Assessment Reporting System (CPARS) rating shall be accepted with a signature from Assessing Oficial.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

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Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management (SAM), accessed via https://www.sam.gov. 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).

II.F. Requirements for Joint Venture Offerors

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

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

(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

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

III. General Provisions

III.A. Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of contract award.

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but does not warrant that all such requests will be answered within 15 calendar days. Prospective Offerors should make

Pages 13 of 27 https://www.sam.gov/ 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) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.D. Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 15 as a 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 clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and 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. Contractor Performance Information

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

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

Pages 14 of 27 http://www.sba.gov/ http://www.cpars.gov/

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

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

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. 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 (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

(1) 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.H. Safeguarding Documents Designated as Sensitive But Unclassified

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

Pages 15 of 27 http://www.cpars.gov/allapps/cpcbtdlf.htm

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition (JAN 04)

(a) Definitions. As used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

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

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

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

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

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

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

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

(v) Name, title, and signature of person authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

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

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude

Pages 17 of 27 amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from

Pages 18 of 27 another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (f)(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

Pages 19 of 27

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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

The Government contemplates awarding up to five (5) Firm-Fixed-Price contracts resulting from this solicitation.

Pages 20 of 27

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)

(Applicable to solicitations resulting in construction contracts in excess of $10,000.)

(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

Goals for the varying counties may be found at:

https://www.dol.gov/ofccp/TAguides/TAC_Fed Contractors_JRF_QA_508c.pdf

6.9%

These goals are applicable to all 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.

Pages 21 of 27 https://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf https://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf

(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:

Puerto Rico and the US Virgin Islands

IV.E. 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.

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IV.F. Buy American

FAR 52.225-10 Notice of Buy American Act Requirement—Construction Materials (FEB 2009)

(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 Act—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 Act 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 Act 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 Act, 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

Pages 23 of 27 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)

IV.G. Buy American Exceptions

Bid Factors submitted by Contractors shall assume no exceptions to Buy American Requirements.

See the Agreement Section IV.A. 52.225-9 Buy American—Construction Materials (May 2014).

IV.H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98) GSAR 552.102 Incorporating Provisions and Clauses by Reference

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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:

http://www.acquisition.gov/comp/far/index.html

NUMBER TITLE DATE

52.211-6 Brand Name or Equal AUG 1999

52.214-5 Submission of Bids DEC 2016

52.214-6 Explanation to Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.214-12 Preparation of Bids APR 1984

52.214-18 Preparation of Bids—Construction APR 1984

Pages 24 of 27 http://www.acquisition.gov/comp/far/index.html

52.214-34 Submission of Offers in the English Language APR 1991

52.214-35 Submission of Offers in U.S. Currency APR 1991

52.217-5 Evaluation of Options JUL 1990

52.223-1 Biobased Product Certification MAY 2012

52.223-4 Recovered Material Certification MAY 2008

52.228-1 Bid Guarantee SEP 1996

52.232-13 Notice of Progress Payments APR 1984

52.236-28 Preparation of Proposals—Construction OCT 1997

552.217-71 Notice Regarding Option(s) NOV 1992

V. Method of Award

V.A. Evaluation of Offers

(1) The Government will award a contract resulting from this Solicitation to the responsible Offeror whose offer conforming to the Solicitation will be the best value to the Government, with price and other factors considered. In addition to Price, the following non-price factors shall be used to evaluate offers:

a. Experience on Similar Projects Acceptable/Unacceptable b.. Key Personnel and Organizational Structure Acceptable/Unacceptable

c. Past Performance of Offeror Acceptable/Neutral/Unacceptable

(2) Non-Price factors shall be evaluated separately to determine technical acceptability. Once technical acceptability is determined, offerors will be selected based on lowest price.

V.B. Determination of Responsibility

In order to be considered responsible, an Offeror must demonstrate that it meets the requirements of FAR 9.104-1.