Conrad B. Duberstein U.S. Courthouse GC Solicitation 2019 12 12.pdf

GSA Solicitation No.47PC0319N0001

Document: C201-SB GC/AUGUST 2019 (The Solicitation)

Construction Contract for: Conrad B. Duberstein Courts Consolidation - GC

The Solicitation

Table of Contents

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

II. Proposals

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

IV. FAR/GSAR Solicitation Provisions A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR 101-29 B. FAR 52.211-3, Availability of Specifications Not Listed in the GSA Index of

Federal Specifications, Standards and Commercial Items Description C. FAR 52.216-1 Type Of Contract D. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work E. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction F. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials G. Buy American Exceptions H. FAR 52.233-2 Service of Protest I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. GSAR 552.102 Incorporating Provisions and Clauses by Reference K. Additional Provisions

(i) GSAR 552.236-74, Evaluation of Options (Mar 2019)

(ii) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019)

L. Certified Cost or Pricing Data

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment (AUG 2019) C. GSAR 552.204-70, Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment. (DEVIATION I) (AUG 2019) D. FAR 52.219-14 Limitations on Subcontracting E. FAR 52.223-21, FOAMS (Jun 2016) F. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 G. Security Requirements H. Additional Clauses

(i) GSAR Clause 552.211-10 Commencement, Prosecution and Completion of Work (Mar 2019)

(ii) GSAR Clause 552.211-12, Liquidated Damages-Construction (Mar 2019)

(iii) GSAR Clause 552.211-13, Time Extensions (Mar 2019)

(iv) GSAR Clause 552.211-70, Substantial Completion (Mar 2019)

(v) GSAR Clause 552.232-5, Payment Under Fixed Price Construction

Contracts (Mar 2019)

(vi) GSAR Clause 552.236-6, Superintendence by the Contractor (Mar 2019)

(vii) GSAR Clause 552.236-11, Use and Possession Prior to Completion (Mar

2019)

(viii) GSAR Clause 552.236-15, Schedules for Construction Contracts (Mar

2019)

(ix) GSAR Clause 552.236-21, Specifications and Drawings for Construction

(Mar 2019)

(x) GSAR Clause 552.236-70, Authorities and Limitations (Mar 2019)

(xi) GSAR Clause 552.236-71, Contractor Responsibilities (Mar 2019)

(xii) GSAR Clause 552.236-72, Submittals (Mar 2019)

(xiii) GSAR Clause 552.236-73, Subcontracts (Apr 1984)

(xiv) GSAR Clause 552.243-71, Equitable Adjustments (Mar 2019)

VI. Method Of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness/Price Realism D. Unbalanced Price E. Non Price Factors F. Evaluation of Joint Ventures

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

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

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

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

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement and Attachments to the Agreement

(5) Other Forms Required For Submission with Proposals I.C. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Jordana Covrigaru

Address: One World Trade Center, 55th Floor, Room 55W09 New York, NY 10007 NY

Telephone: 212-264-4462

Email: Jordana.Covrigaru@gsa.gov

Alternate POC Information

Name: Douglas Tumbrello

Address: One World Trade Center, 55th Floor, Room 55W09 New York, NY 10007 NY

Authorized Representative Information:

Telephone: 917-574-3499

Email: Douglas.Tumbrello@gsa.gov

I.D. Pre-Proposal Conference

Date: Thursday, December 19, 2019

Time: 9:00 am ET

Location: Lobby of 271-C Cadman Plaza, Brooklyn NY 11202

I.E. Estimated Price Range

The estimated price range for the Project is between $10,000,000 and $20,000,000.

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

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

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

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

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

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

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

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

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

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

(2) Site visits will be held at the following dates and times:

Date: Thursday, December 19, 2019

Time: 9:00 AM ET

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team.

Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below.

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

Name: Douglas Tumbrello

Email: douglas.tumbrello@gsa.gov

I.H. Receipt of Offers

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

Date: January 22, 2020 Address: One World Trade Center, 55th Floor, Room 55W09 New York, NY 10007 NY E-mail Address: douglas.tumbrello@gsa.gov, w/copy to: jordana.covrigaru@gsa.gov

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

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

II. Proposals

II.A. Proposal Contents

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

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications

4. Standard Form 24, Bid Bond

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

6. Other Documents as Required

II.B. Proposal Format

A total of four (4) paper copies and one electronic copy shall be submitted.

Volume I shall be the offeror’s Technical Proposal, which shall provide the response to the technical factors demonstrating the offeror’s technical capabilities. Volume II shall be the offeror’s Price Proposal and it shall contain the pricing information for the base and options. The Technical and Price Proposal shall be sent as (2) two separate email attachments. Proposals must be in PDF format and shall be submitted via email to the Contract Specialist at douglas.tumbrello@gsa.gov, with copy to the Contracting Officer at jordana.covrigaru@gsa.gov.

For the Volume I Technical Proposal submission, offerors shall submit four (4) paper copies to the following delivery address:

General Services Administration One World Trade Center 55th Floor, Room 55W09 New York, NY 10007 Attn: Douglas Tumbrello

If you must send your proposal via multiple emails due to file size, all must be received by the proposal due date and time indicated in the solicitation. All proposal submission in any format must be received by the GSA by the due date as stated in this solicitation.

II.C. Price Proposal

(1) Contents

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

(2) Qualifications, Exclusions and Conditions

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

(3) Additional Proposal Requirements

Price proposals will be evaluated on a total value basis. This includes the base and option pricing. Refer to the offer pricing sheet form.

II.D. Technical Proposal

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

Factor 1: Experience on Similar Projects……………………….…………40%

Factor 2: Qualifications of Key Personnel…………………………..…….20%

Factor 3: Past Performance on Relevant Construction Projects……...20%

Factor 4: Project Execution and Quality Control Plan…………….…….20%

Percentages are included to clarify the relative importance of each factor and will not be used in a calculation or algorithm to determine the best value to the government.

Price: Cost or price will not be assigned a numerical weight, point score, or adjectival rating. The SSEB and Contracting Officer will use cost and price analysis to evaluate the price proposal, not only to determine whether it is reasonable, as determined by comparison to Government estimates generated by GSA and/or the technical advisors, but also to determine the Offeror’s understanding of the work and ability to perform the contract. The price proposals will only be considered after all technical evaluations have been done. The cost and price evaluation will be clearly documented by the Contracting Officer.

Factor 1) Experience on Similar Projects

The offeror shall submit the required information on the Experience Summary Table (Attachment A1) as well as Project Fact Sheets (Attachment A2) for three (3) projects. Two (2) of the three (3) projects must have a minimum construction cost of five million dollars ($5,000,000) each. All must have been successfully and substantially completed within the past eight (8) years. The Offeror must have served as the Prime GC or CMc on the submitted projects. Demonstrated experience on projects similar to this contract will lead to a higher rating for this factor. A project will be considered similar based on the independent judgement and consensus judgment of the Source Selection Evaluation Board (SSEB) members that the project has enough characteristics in common with the subject project that it can be determined relevant experience. Projects determined to be not relevant or only partially relevant will receive no or lesser weight, resulting in a lower rating for this factor.

Similar projects are described as:

Office build-out in an occupied federal building, with a minimum square footage of 20,000.

A single project identical in all aspects to this project may not exist; therefore, the Government will consider the combination of experience demonstrated by the three (3) submitted projects.

The submitted projects must be at a minimum related to medium to large-scaled renovations or new constructions of an office building, courthouse or acceptable institutional building*. *An acceptable institutional building is a building built for schools, colleges, hospitals, libraries, museums, performing arts institutions, laboratories or airports. Warehouses and industrial buildings will not be considered an acceptable institutional building for this solicitation.

Having relevant construction experience helps demonstrate capability to perform the work required under this contract. In assessing the experience level and assigning a rating for this factor, the Government will consider the similarity of the experience to the work required under this contract, including scope, complexity and magnitude. Significantly more weight will be given to individual projects meeting all of key elements. Minimal or negligible relevant experience in one or more key elements may result in a marginal rating for this factor.

Additional considerations will be given to projects which include any combination of the following:

Renovations in a Federal Courthouse Renovations in New York City Renovations within a historical space Renovations within an occupied Building Projects which include the installation of movable partitions from Steelcase, DIRTT or salient equivalent, or similar installations

Complexities that the Source Selection Evaluation Board will be evaluating for in rating this Factor include:

Experience dealing with schedule constraints, management and administrative requirements, security requirements, unique design criteria and/or technical complexity, and coordination requirements involving multiple agencies or stakeholders.

Experience successfully managing an interior office repair or alteration project(s) wherein continued occupancy by one or more tenants was supported during construction and involved special handling due to the continued occupancy requirement and a need for minimized disruption to tenant operations during construction. For example, special handling of a building project for this requirement may be via communication plans, phasing plans, special scheduling of work elements and/or coordination of furniture and equipment temporary moves.

Experience in management of building projects involving hazardous building materials removals and/or special handling.

Offerors shall complete all blocks on each form. Lack of response on any field may be interpreted by the Government as a non-responsive proposal or the uncertainty and associated risk may result in a lower rating for this factor. The burden of providing complete and accurate information lies with the Offeror; however this does not preclude the Government from obtaining information from any other source. Limit each Project Fact Sheet, Attachment A2, to no more than three (3) 8 ½” x 11” pages. Each page shall be one sided, single spaced, with a minimum 11 point Times New Roman font. If the information submitted exceeds the page limitations, only the first three (3) pages will be evaluated.

Note for Joint-Venture Offerors: If relying on past experience and performance of the individual firms, at least one (1) project must be presented for each Joint venture partner.

Greater weight will be given to projects that demonstrate prior teaming of the Joint venture partners.

Factor 2) Qualification of Key Personnel

This factor assesses the qualifications of the proposed key personnel in terms of their academic/professional qualifications and their related work experience. The individuals presented must be individuals who will be assigned to the project. The Offeror shall submit resumes for each of the key personnel proposed for this project for the positions identified below. Resumes shall include all pertinent information that clearly exhibits the qualifications of the proposed personnel. Resumes for each individual shall summarize the qualifications, professional designation, experience, education, skills and professional background information.

Resumes must list the key personnel roles/responsibilities for the projects listed. An example resume format is provided in Attachment A3.

Submit resumes for the following positions:

Project Manager (PM) o Minimum Qualifications of this position: The PM shall have a minimum ten (10) years of project management experience related to architectural or civil works projects.

Construction Superintendent o Minimum Qualifications of this position: The Construction Superintendent shall have a minimum of ten (10) years of construction management experience related to oversight of architectural or civil works projects, with a minimum of three (3) years directly related to building renovation, major building repair or alteration or new building construction projects.

Factor 3) Past Performance on Relevant Construction Projects

This factor will be evaluated based upon the written response to the RFP by the Offeror and the past experience demonstrated by the presented projects.

The purpose of this factor is to review the Offeror’s record of past performance as the GC or CMc on relevant construction projects. The Offeror shall submit Past Performance Questionnaires (PPQs) – Attachment A4, completed by applicable client for each project included in its proposal for Factor 1 – Experience on Similar Projects. Completed PPQs shall be submitted with the proposal. Ensure correct phone numbers and email addresses are provided for the client point of contact. Offerors should follow up with clients/references to ensure timely submittal of questionnaires. If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror shall complete the first page of the PPQ as well as the Client Point of Contact Information and shall submit it with a statement of what attempt was made by the Offeror (e.g. “Sent to Mr. Smith by email on 12/1/2018”). If the client requests, the client may submit a questionnaire directly to the Government’s Contracting Officer prior to proposal closing date. Offerors may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

Also include performance recognition documents received within the last 8 years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the Offeror. While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. GSA will not maintain database of PPQs submitted by Offerors. Factor 4) Project Execution and Quality Control Plan

This factor considers the offeror’s ability to perform the work in a successful manner by employing a sound project execution plan and controlling the quality of the work. The offerors shall submit an organizational chart, which details the relationships between the offeror’s proposed project team key personnel and other team members. To put the GC team in the context of the entire project, the chart should graphically show the relationships between:

The GC Major Subcontractors (General Description of Key Trades to be subcontracted required.

Name of subcontractor firms not required for proposal) GSA (Project Team Tenant Agencies -Bankruptcy Courts, Probation Courts and the United States Marshals)

FedCap – (The GSA contract for maintenance and operating engineers) The Construction Management as Advisor (CMa) for GSA (To be determined) CSO guards (will be used during non-working hours after 7 pm) The Architect-Engineer (A/E) (Dattner)

The offeror must submit a written narrative demonstrating its project execution plan, quality control plan, and reference to the offeror’s preliminary schedule. The narrative should describe the offeror’s ability to achieve the requirements in the Scope of Work within the required schedule and demonstrate its understanding of the government’s requirements, and knowledge of the locality. The narrative should be supplemented by a preliminary construction schedule for the subject project.

The offeror shall include in its narrative all factors and conditions it deems relevant and exigent to the successful completion of the work under this contract. The narrative shall address the offeror’s plan to mitigate the negative impacts of differing or unforeseen conditions on a project of this type, including inherent risks of construction within an occupied building and mitigation strategies for schedule delays. The narrative shall also identify any high-risk work items, long lead times, and discuss how GSA may assist in meeting the schedule. The narrative shall be no more than ten (10) 8 ½” x 11” pages. Each page shall be one sided, single spaced, with a minimum 11 point Times New Roman font. If the information submitted for the narrative exceeds the page limitations, only the first ten (10) pages will be evaluated. The organization chart will not count against the page limit.

The preliminary construction schedule shall be created with P3, SureTrak, MS Project or any other electronic scheduling software. At a minimum, construction activities shall be summarized by trade. Note for Joint-Venture Offerors: Joint venture participant’s contribution to the organization should be commensurate with their skills and background and should be described in the project execution and quality control plan.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301-GC).

(2) Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial

Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

II.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 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 do not warrant that all such requests will be answered within 10 calendar days. Prospective Offerors should make such requests not less than 19 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (Small Business Administration). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

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

III.F. Notice Concerning Preparation of Proposals

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

III.G. Contractor Performance Information

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

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

Completed CPARS evaluations 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 (CPARS Training) and updated as needed.

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

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

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

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

III.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.

IV. FAR/GSAR Solicitation Provisions

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

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

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

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

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

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

(Applicable to solicitations that cite specifications not listed in the Index and are not furnished with the solicitation)

(a) The specifications cited in this solicitation may be obtained from: GSA Specifications Unit at (202) 755-0325. MIL Specifications may be obtained by calling (215) 697-2179.

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

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

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

IV.D. 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.E. 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 Minority Participation for Each Trade

Goals for Female Participation for Each Trade

The following goal ranges (%) are applicable to the indicated trades in the counties of Bronx, Kings, New York, Queens, and

Richmond.

Electricians 9.0 to 10.2

Carpenters 27.6 to 32.0

Steam fitters 12.2 to 13.5

Metal lathers 24.6 to 25.6

Painters 28.6 to 26.0

Operating Engineers 25.6 to 26.0

Plumbers 12.0 to 14.5

Iron workers (struct) 25.9 to 32.0

6.9%

Goals for Minority Participation for Each Trade Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

Elevator constructors 5.5 to 6.5

Bricklayers 13.4 to 15.5

Asbestos workers 22.8 to 28.0

Roofers 6.3 to 7.5

Iron workers (ornamental) 22.4 to 23.0

Cement masons 23.0 to 27.0

Glaziers 16.0 to 20.0

Plasterers 15.8 to 18.0

Teamsters 22.0 to 22.5

Boilermakers 13.0 to 15.5

All others 16.4 to 17.5

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

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

(MAY 2014)

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

IV.G. Buy American Exceptions

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

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

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

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

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

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

Federal Acquisition Regulation

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English

Language

APR 91

52.215-16 Facilities Capital Cost of Money JUN 03 52.236-28 Preparation of Proposals - Construction OCT 97

IV.J. GSAR Clause 552.102 Incorporating Provisions and Clauses

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.

IV.K. Additional Provisions

(i) GSAR 552.236-74, 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 the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(ii) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019)

(a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within the time specified for each option below. Unless otherwise specified, options may be exercised within 90 calendar days of contract award.

The government may exercise any option related Phase 1 work, as indicated below, within 183 from the NTP.

The Government may exercise any option related to Phase 2, as indicated below, within 239 days from the NTP.

a. Option 1A - (PHASE 2) Probation Phase 1 Scope - 239 calendar Days

b. Option 1B - (PHASE 2) Johnson Street Renovation Phase 1 - 239 Calendar Days

c. Option 2 - (PHASE 1) Second Floor Courtyard - 183 Calendar Days

d. Option 3 - (PHASE 1) 1st Floor GSA Entry room 01122 - 183 Calendar Days

e. Option 4A - (PHASE 1) Bankruptcy Data - 183 Calendar Days

f. Option 4B - (PHASE 2) Probation Data - 239 Calendar Days

g. Option 5 - (PHASE 1) DIRTT partition at Corridor 02235 - 183 Calendar Days

h. Option 6 - (PHASE 1) At Case Admin 02234, upper 5’ of DIRTT partition (above

10’) - 183 Calendar Days

i. Option 7 - (PHASE 1) Bankruptcy New Paint at first floor Atrium - 183 Calendar

Days

j. Option 8 - (PHASE 2) Probation Curtain Wall Mod - 239 Calendar Days

k. Option 9A - (PHASE 1) Bankruptcy High CAC ceiling - 183 Calendar Days

l. Option 9B - (PHASE 2) Probation High CAC ceiling - 239 Calendar Days

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

(iii) IV.L. Requiring Certified Cost or Pricing Data [15.403-4]

The Contracting Officer shall obtain certified Cost or Pricing Data only if the CO concludes that none of the exceptions in FAR 15.403-1(b) applies. Due to the fact that this is a negotiated procurement and the cost is expected to be in excess of the threshold at FAR 15.403-4, currently $750,000.00, the requirement for Cost and Pricing Data is applicable. However, we anticipate adequate price competition, in which case the exception at FAR 15.403-1(b)(1) would apply.

V. Instructions and Clauses

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

(a) Definitions. As used in this provision.

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

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

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

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

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

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

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

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

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

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

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