47PC0324R0008.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

GSA Solicitation No. 47PC0324R0008

Construction Contract for: Upgrade of an existing chilled water plant at the Jacob K Javits Federal Building 26 Federal Plaza

The Solicitation

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Estimated Price Range E. FAR 52.228-1 Bid Guarantee 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 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. Bond Requirements H. Contractor Performance Information I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

J. INFORM

K. Mega Construction Project Program

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 52.216-1 Type Of Contract C. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction E. Buy American Requirements F. Buy American Exceptions G. FAR 52.233-2 Service of Protest H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference I. GSAR 552.102 Incorporating Provisions and Clauses by Reference J. Small Business Subcontracting Plan K. Project Labor Agreement L. Additional Provisions

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

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

(Mar 2019) V. Instructions to Offerors and Clauses

A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. Security Requirements

VI. Method Of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness D. Unbalanced Price E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offers

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the Solicitation Documents. 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: Joseph Spado III

Telephone: 347-225-1193

Email: joseph.spado@gsa.gov mailto:joseph.spado@gsa.gov

Authorized Representative Information:

Alternate POC Information

Name: Sonah Lee

Telephone: (347) 205-1469

Email: sonah.lee@gsa.gov

I.D. Estimated Price Range The estimated price range for the Project is between $30,000,000.00 and$40,000,000.00 which includes options to be priced.

I.E. 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 proposals, may be cause for rejection of the proposal.

(b) The offeror 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 proposals;

and

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

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

mailto:connor.warren@gsa.gov

(d) If the successful offeror, upon acceptance of its offer 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 offeror, the Contracting Officer may terminate the contract for default.

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

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 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) 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 an email to Joseph.Spado@gsa.gov and Sonah.Lee@gsa.gov with a request identifying:

● All attendees from their respective team

● Phone numbers

● Email addresses

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 once their request is received.

Site visits will be held at the following date and time:

Date: 07-23-2024

Time: 9:00 AM EDT

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

Name: Joseph Spado III

Telephone: 347-225-1193

Email: joseph.spado@gsa.gov

I.G. 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 4:30 PM EDT on the following date and at the following address.

https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3 mailto:Joseph.Spado@gsa.gov mailto:Sonah.Lee@gsa.gov

(2) Offers shall be sent by email only.

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. Subcontracting Plan

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

7. Proprietary Information Agreement(s)

8. Other Documents as Required

II.B. Proposal Format

1. The Technical and Price proposal must be submitted by the deadline established in the solicitation via email to the Contracting Officer and the Alternate Contracting Officer.

2. All proposal contents listed above submitted as separate PDF (Portable Document Format) attachments, one marked “Technical Proposal” and a second marked “Price Proposal.” Paper submissions will not be accepted.

3. Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

4. The proposal should clearly demonstrate that the offeror has a thorough understanding of the project. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal.

5. Proprietary information shall be clearly marked.

6. Submission of marketing brochures is not acceptable unless provided as supplementary information only.

Date: 8-20-2024 Email: joseph.spado@gsa.gov and sonah.lee@gsa.gov mailto:sonah.lee@gsa.gov

7. The submission shall be clearly indexed and logically assembled.

8. Each proposal shall be clearly identified. No pricing information is to be embedded into the Technical Proposal. And Technical Proposal information must not be embedded into the Pricing Proposal to avoid the maximum page limit.

9. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be included.

10.The Proposal Package shall consist of the following:

a. Price Proposal

● Signed Standard Form 1442 and all amendments acknowledged

● Offer Form - Pricing Sheet

● SF 527 Contractor's Qualifications and Financial Information

● SF 24, Bid Bond - the amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less, see Section I.F.

b. Technical Proposal Factor 1 - Experience on Similar Projects Factor 2 - Past Performance Questionnaire Factor 3 - Qualifications of Key Personnel Factor 4 - Logistics Plan Factor 5 - Small Business Subcontracting Methodology Factor 6 - Project Labor Agreement (PLA)

Non-Price Factors, when combined, are approximately equal to the total cost or price.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the pricing form referenced in Section II of the Agreement. Indicate the Total Contract Price, which is the sum of the base plus all options CLINs, 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.

II.D. Technical Proposal

The technical proposal must contain all of the necessary information to address the evaluation factors as set forth in the solicitation, in addition to the required documents listed above in section II.A. Proposal Contents.

The maximum page limit for the technical proposal submission is 25 pages with a minimum font size of eleven (11). If a technical proposal is more than 25 pages submitted, only the first 25 pages will be evaluated.

Note: The PBS Past Performance Questionnaire, Small Business Utilization Form, Joint-Venture Agreement (if applicable), Project Labor Agreement (PLA) are excluded from the page limitation. All other pages (including cover page), are included in the page limitation. All pages in the technical proposal must be 8.5 inches by 11 inches.

Pages that differ from these page dimensions will not be evaluated, with the exception of schedules which should be 11 inches by 17 inches.

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

Factor 1: Experience on Similar Projects

The offeror must submit the required information on the Experience Summary Table (Attachment A1) as well as Project Fact Sheets (Attachment A2) for three (3) projects. At a minimum, one (1) project must have a minimum construction cost of five million dollars ($5,000,000.00). At a minimum, two (2) projects must have a minimum construction cost of two million dollars ($2,000,000.00). All must have been successfully and substantially completed within the past ten (10) years. The Offeror must have served as the Prime General Contractor (GC) or Construction Manager as Constructor (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 relevant experience and similar based on independent judgment and consensus judgment of the Source Selection Evaluation Board (SSEB) members that the project has enough characteristics in common with the scope of work describing this project. 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, but are not limited to:

● Mechanical equipment replacement work for office buildings, courthouses, or acceptable institutional buildings*.

● Interior Repairs and Construction within an occupied and operational site, campus or multi-story building, and multi-phase project.

● Projects located within the New York City metropolitan area.

*Acceptable institutional buildings are buildings built for schools, colleges, hospitals, laboratories and airports. Warehouses and industrial buildings will be considered but will receive a lower rating.

A single project identical in all aspects to this project may not exist, and therefore the Government will consider the combination of experience demonstrated by the three (3) submitted projects. The combination of experience should include all of the key elements of relevant experience, identified, in order to receive an acceptable rating for this factor.

Significantly more weight will be given to individual projects meeting all of key elements. A higher score will be given to offerors demonstrating experience on multiple projects over the $5,000,000.00 minimum. Minimal or negligible relevant experience in one or more key elements will result in a deficient rating for this factor.

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.

Complexity includes schedule constraints, management and administrative requirements, security requirements, applicable design criteria, coordination requirements, local conditions, as well as technical complexity.

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.

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

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: Past Performance Questionnaire

The purpose of this factor is to review the offeror’s record of past performance on relevant construction projects.

The Offeror shall submit Past Performance Questionnaires (PPQs) included in the solicitation as (Attachment A4), completed by the applicable client, for each project included in its proposal for Factor 1: Experience on Similar Projects

Completed PPQs should 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 submission 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 06/15/2018”). If the client requests, the client may submit a questionnaire directly to the Government's Contracting Officer prior to the 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.

Offerors may also include performance recognition documents received within the last six (6) 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 , 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 a database of completed PPQs submitted by Offerors.

Factor 3: Qualifications 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 the 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’s roles/responsibilities for the projects listed. An example resume format is provided as Attachment A3.

Submit resumes for the following positions:

• Project Manager

• Project Coordinator (Construction Superintendent)

• Mechanical/Electrical/Plumbing (MEP) Coordinator

Expected Qualifications for Key Personnel:

• Project Manager: The Project Manager for this contract should have a college degree (Bachelors) in an Architecture, Engineering, or Construction discipline. The Project Manager should have at least ten (10) years of construction project management experience having managed projects relevant to this contract. A more favorable evaluation will be given to offerors who submit a Project Manager who exceeds the minimum requirements and possess a college degree (Bachelors) in an Architecture, Engineering, or Construction discipline.

• Project Coordinator (Construction Superintendent): The Project Coordinator shall have a minimum of ten (10) years of construction experience as a superintendent on projects of similar scope and size. A more favorable evaluation will be given to offerors who submit a Project Coordinator who exceeds the minimum requirements.

• Mechanical/Electrical/Plumbing (MEP) Coordinator: The MEP coordinator should have a minimum of ten (10) years of construction experience and be experienced in the coordination of mechanical, electrical, plumbing and fire protection construction trades on projects similar to this project, including experience with advanced metering technologies, and LEED requirements. It is preferred, but not required, that the MEP coordinator be licensed to practice as a professional engineer in the location of the project.

Factor 4: Logistics Plan

The contractors shall provide a narrative outlining the following:

● The transportation and installation process of major equipment.

● Phased swingover of chilled water supply to the tenant occupied space (from existing riser to new riser).

● Estimated durations for any shutdowns to building or tenant equipment/utilities (including but not limited to chilled water plant, CHW risers, elevators, etc).

● All costs associated with the outlined methods should be included in the contractor’s proposal.

Factor 5: Small Business Subcontracting Methodology

Under this factor, offerors must demonstrate their commitment to providing the maximum practicable opportunity to small, HUBZone small, small disadvantaged, women-owned small, veteran-owned, and service-disabled veteran-owned small business concerns, and provide a detailed description of the methodology of how subcontractors will be selected for this project.

The rating for this evaluation factor will be based on an assessment of the probability that the resultant contract will achieve the proposed commitments as described below. It will be based on four items: (1) proposed small business subcontracting goals for this procurement, (2) narrative describing your firm's outreach program for small businesses, (3) narrative describing how your firm will maximize competition and select subcontractors that provide best value, and

(4) participation in a mentor-protege program if applicable.

Note: In accordance with FAR 19.702(a)(1), if the apparent successful offeror is a large business it shall be required to submit an acceptable subcontracting plan prior to award. Refer to the Small Business Subcontracting Form (included in the solicitation as Attachment A5).

Subcontracting plans are not required from small business concerns.

Commitment to Small Business Concerns:

GSA is committed to providing to the maximum Source Selection Information (See FAR 2.101 and 3.104 Page 28) extent practicable for these socio-economic businesses to receive federal contracting opportunities. This factor is designed to ensure that this GSA commitment is brought to the attention of the prospective offerors. This factor measures the extent to which the offeror will perform contract requirements utilizing small business concerns in the NAICS Code 236220. This portion of the proposal will be evaluated on the extent of planned participation of small business concerns in terms of the value of the total acquisition. For your information is a link to the FY2024 Small Business Goals by agency:

https://www.sba.gov/sites/default/files/2024-03/FY24_Final_Goals.pdf.

Factor 6: Project Labor Agreements (PLA)

A Project Labor Agreement (PLA) is an agreement between a contractor, its subcontractors, and labor unions in which the parties define terms of employment for all laborers, union and non-union, to be employed on a specific https://www.sba.gov/sites/default/files/2024-03/FY24_Final_Goals.pdf construction project. Offerors are required to submit a proposal subject to PLA requirements in the solicitation (a PLA proposal).

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 FAR 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).

(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 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.

https://www.sam.gov/

(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 15 calendar days. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

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

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 http://www.sba.gov/ http://www.sba.gov/ requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Bond Requirements

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

III.H. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment Completed CPARS evaluations may then be used by the Federal acquisition community for use in making source selection decisions. CPARS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

(4) Contractor Representative (CR) Role: All evaluations will be sent to the Contractor Representative (CR) named on your award. The CR will be able to access 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.

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

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

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

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

III.J. INFORM

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

This solicitation is part of GSA’s post award communication process called INFORM.

The process is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting1 that is not required by statute or regulation. For Part 15 including mandatory debriefs and Part 16, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM process as further discussed below.

B. Detailed Description of the INFORM Process

B.1. Component 1 - Notification of Award

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

● All information required by statute or regulation;

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

● An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price; overall technical ranking, rating, or

1 The oral feedback meeting may be held in person or via an electronic means.

score.

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

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

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

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

● take no further action.

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

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

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

● Primary point of contact;

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

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

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

B.3. Component 3 - Oral Feedback Meeting

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

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

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

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

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

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

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

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

III.K. Mega Construction Project Program

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Mega Construction Project (Megaproject) Program fosters equal opportunity in the construction trades workforce of federal contractors and subcontractors on large federal construction projects.

When OFCCP designates a construction project as a Megaproject, OFCCP offers contractors and subcontractors extensive compliance assistance, conducts compliance evaluations, and fosters collaboration across the public and private sectors. From the earliest stages of a designated Megaproject, OFCCP engages a wide range of stakeholders in the community to remove hiring barriers and promote consideration of a diverse pool of qualified workers for jobs in the trades.

If this project is selected by OFCCP, the contractor will be required to participate in the Mega Construction Project Program and comply with the requirements enforced by

OFCCP.

To learn more about OFCCP’s Mega Construction Project Program, please see https://www.dol.gov/agencies/ofccp/construction/mega-program.

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 (Sep 2023)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, https://www.dol.gov/agencies/ofccp/construction/mega-program https://www.dol.gov/agencies/ofccp/construction/mega-program https://assist.dla.mil/ standards, and commercial item descriptions cited in this solicitation may be obtained from the ASSIST website identified in paragraph (a) of this provision.

(End of provision)

IV.B. FAR 52.216-1 Type of Contract (APR 84) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

IV.C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 14)

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

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

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

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

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

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

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

22.6% 6.9% Nationally

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

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade.

The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

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

IV.E. Buy American Requirements

FAR 52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 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.

https://www.acquisition.gov/far/part-52#FAR_52_225_11

(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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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…