C201_Solicitation.pdf

GSA Solicitation No. 47PD0118R0005

Document: C201 / DEC 2016 Rev May 2017 (The Solicitation) Pages 1 of 25

Construction Contract for MATSSC Elevator Modernization Project

The Solicitation

552.219-71 Notice to Offerors of Subcontracting Plan Requirements (MAR 2012)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $700,000 ($1,500,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

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 Submit with Proposal F. Requirements for Joint Venture Offerors

III. General Provisions

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

(The Solicitation) Pages 2 of 25

IV. FAR/GSAR Solicitation Provisions

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

Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American G. Buy American Exceptions H. Small Business Subcontracting Plan I. Project Labor Agreements J. GSAR 552.252-5 Authorized Deviations in Provisions K. FAR 52.252-1 Solicitation Provisions Incorporated by Reference L. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Additional Solicitation Provisions and Instructions 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 B. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions C. Additional Provisions D. Cost or Pricing Data E. Additional Clauses F. FAR 52.222-62 Paid Sick Leave

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

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.

(The Solicitation) Pages 3 of 25

(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) C201 The Solicitation

(2) C301 Offeror Representations and Certifications Form

(3) Standard Form (SF) 24 – Bid Bond

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

(5) GSA Form 527 - Contractor's Qualifications and Financial Information

(6) C101 The Agreement and Attachments to the Agreement

(7) Specifications, Dated 9/29/2017

(8) Drawings, Dated 9/29/2017

(9) DOL Wage Determination PA180005, Dated 01/05/2018

I.C. Authorized Representatives

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

(1) Contracting Officer

Name: Jim Morris Address: 100 S INDEPENDENCE MALL W, PHILADELPHIA PA 19106-2320

Telephone: (215) 446-4581 Email: jim.morris@gsa.gov

(2) Alternate Point of Contact

Name: N/A Address:

Telephone:

Email:

I.D. Pre-Proposal Conference

(1) A pre-proposal conference regarding this Solicitation is scheduled as follows:

Date: Tuesday, January 30, 2018

Time: 10:00 am Location: Mid-Atlantic Social Security Center, 300 Spring Garden St, Philadelphia, PA

19123 – 1st Floor Auditorium

(The Solicitation) Pages 4 of 25

(2) Interested parties must notify the Contracting Officer via email (jim.morris@gsa.gov) for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information (specifically names of attendees) at least 24 hours in advance of the meeting, and in possession of a government-issued photo ID, will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.E. Estimated Price Range

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

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 and are in the attached Agreement. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

(2) Site visits will be conducted by appointment only at the times and dates specified by the point of contact shown below. To arrange for a site visit, contact:

Name: Kyle Wiest ]

(The Solicitation) Pages 5 of 25

Address: 100 S INDEPENDENCE MALL W, PHILADELPHIA PA 19106-2320 ] Telephone: (215) 446-4725

Email: kyle.wiest@gsa.gov

(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.

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the solicitation must be received by the Contracting Officer, via email only, no later than 2:00 pm local time on the following date and at the following address:

Date: Tuesday, February 13, 2018 Address: jim.morris@gsa.gov

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) Bid Guarantee, using Standard Form 24

(5) Subcontracting Plan

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

(7) Other Documents as Required

II.B. Proposal Format

Submit the original Price Proposal and the Technical Proposal, as two separate documents, in pdf format, to the Contracting Officer at jim.morris@gsa.gov. The Price Proposal must be a separate electronic document from the Technical Proposal. The Price Proposal shall consist of the following:

(The Solicitation) Pages 6 of 25

1) Signed Standard Form 1442, including acknowledgement of all amendments (if any) and proposed pricing for the base work and each option year

2) Representations and Certifications (C301) including online registration at www.sam.gov

3) Completed Bid Guarantee, using Standard Form 24

4) GSA Form 527, Contractor’s Qualification and Financial Information with all required financial information for the past two years attached

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. 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.

II.D. Technical Proposal

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

(1) FACTOR 1: Key Personnel (six page single-sided limitation, includes all pages i.e. cover page, table of contents, tabs, etc.)

Description:

Offerors will be requested to identify key personnel that will make up the project team. During construction, the positions of Project Manager and Construction Superintendent cannot deviate from those individuals contained in the proposal, without prior approval by GSA. Complete resumes for all key personnel shall be requested, listing education, training, qualifications, and experience relative to the tasks that will be performed. Offerors will be requested to include any professional qualifications, specialized experience in this type of work, and the technical competence on similar projects.

Submission of qualifications in excess of ten (10) pages will result in the additional pages being discarded and not reviewed.

Offerors shall be required to submit a proposed team with the minimum required disciplines and respective experience levels as stated in the minimum standard. One individual must be assigned to each of the disciplines listed below. Offerors demonstrating proposed key personnel

(The Solicitation) Pages 7 of 25 who exceed the minimum qualifications and experience levels will receive a greater technical score for this evaluation factor.

The two key personnel the Offeror should submit on include:

Project Manager: part-time on-site project coordinator. The Offeror shall designate one (1) Project Manager who possesses a minimum of ten (10) years of construction experience as Project Manager, has managed a construction project over $1 million, and has managed an elevator construction project located in an occupied facility.

Construction Superintendent: full-time on-site labor supervisor who reports to the Project Manager. The Offeror shall designate one (1) Construction Superintendent who possesses a minimum of ten (10) years of general construction experience with a minimum of five (5) years as a superintendent, has been a superintendent for a project over $1 million, and has been a superintendent for an elevator construction project located in an occupied facility.

Minimum Standard:

The standard is met when the Offeror proposes:

Project Manager: part-time on-site project coordinator. The Offeror shall designate one (1) Project Manager who possesses a minimum of ten (10) years of construction experience as Project Manager, has managed a construction project over $1 million, and has managed an elevator construction project located in an occupied facility.

Construction Superintendent: full-time on-site labor supervisor who reports to the Project Manager. The Offeror shall designate one (1) Construction Superintendent who possesses a minimum of ten (10) years of general construction experience with a minimum of five (5) years as a superintendent, has been a superintendent for a project over $1 million, and has been a superintendent for an elevator construction project located in an occupied facility.

(2) FACTOR 2: Prior Experience on Relevant Projects (ten page single-sided limitation)

Description:

This criterion will be used to measure the breadth, depth, and relevance of an Offeror’s prior experience in performing project similar in size, scope, and complexity to the one described in this solicitation

Relevant projects would be projects with some or all of the following characteristics:

• Construction Projects valued at $1 Million or Higher;

• Work performed in restrained/occupied building;

• Work performed in the last five (5) years or at least 50% complete by December 1, 2017;

• Major elevator upgrades;

• Maintenance services provided following project completion;

• Federal Construction Contract Experience (Additional Consideration); and

• Performed projects in the Philadelphia area (Additional Consideration)

(The Solicitation) Pages 8 of 25

The Offeror is requested to submit a detailed descriptive listing of up to three projects performed as the prime contractor that are similar in nature to the one described in this solicitation. If more than three projects are submitted only the first three will be evaluated. For joint ventures, projects may be submitted for the joint venture as an entity or for an individual member of the joint venture. While the Government may consider the prior experience of managers, key personnel or other affiliates playing a significant role in contract performance, the total number of projects submitted is limited as stated above. More recent performance may be deemed to have greater importance than less recent performance. “Similar” is defined as projects comparable to the subject project in terms of scope, magnitude, and complexity. The detailed description submitted for each project should include the following information:

• Name and location of the building, type of facility, nature of tenant mission and population, square footage;

• Type of project delivery method (e.g. design-bid-build, design-build, Construction Manager as Construction (CMc)/Construction Manager-at Risk, etc.);

• Type of contract (e.g. firm fixed price, cost reimbursable, Guaranteed Maximum Price (GMP), etc.);

• Awarded contract value and final contract amount;

• Planned and actual date of contract start and completion;

• Description of services provided, include information regarding how the submitted project is comparable to the subject project in terms of scope, magnitude, and complexity;

• Construction value of the elevator portion of the work;

• List of subcontracted work and subcontractors used, along with the amount of each subcontract;

• Indicate whether liquidated damages were assessed against the Offeror due to late completion; and

• Name, title, address, phone number, and email of the building’s owner representative or a representative of the Owner who can attest to the quality of the services provided. It is incumbent on the Offeror to ensure this information is current and accurate. This information will be utilized for Factor 3: Past Performance.

The Offeror has documented experience with three (3) relevant projects, at least 50% complete, in the past five (5) years. The Offeror has satisfactorily demonstrated their knowledge and experience comparable to that which is to be encountered in this project. The Offeror has documented its ability to deliver the completed projects within a fixed schedule and within the prescribed budget.

(3) FACTOR 3: Past Performance

(The Solicitation) Pages 9 of 25

This criterion will be used to measure the quality of an Offeror’s past performance in providing services for projects similar in scope, magnitude, and complexity to the one described in this solicitation. It includes the Offeror’s overall quality of past performance, record of conforming to contract requirements and to standards of good workmanship; the Offeror’s adherence to contract schedules, including the administrative aspects of performance; the responsiveness of management; the Offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; including the Offeror’s business-like concern for the interest of the customer, and the Offeror’s overall performance on their contracts

a. Past performance will be evaluated by analysis of information provided as requested under Experience (above), as well as information obtained through interviews with the project’s Owner or a representative of the Owner. The Government may consider the past performance of managers, key personnel or other affiliates playing a significant role in contract performance.

For any such affiliate the Offeror should submit relevant contact information for the customer and building owner who can attest to the level of acceptability of the services provided. Failure to provide requested data, inaccessible points of contact, or invalid phone numbers/email addresses could result in a firm being considered less qualified.

b. In addition to those references provided directly by the Offeror, the Contracting Officer may identify and analyze the past performance of the Offeror on any other relevant contract which they have performed within the past five years of which the Contracting Officer has knowledge or obtains knowledge. Because of the wide variety of past performance history of individual Offerors, the Government is not required to ensure that an equal number of references be obtained for each Offeror.

c. If any problems were encountered on the identified contracts for with the Offeror has submitted references, the Offeror may provide a brief narrative describing the nature of the problems and the corrective action taken.

d. If the Offeror has no record of relevant past performance or the information on their past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance. This rating shall be characterized as “neutral.”

e. If proposing a joint venture or teaming arrangement, Offerors should first submit past performance records they have performed together as these experiences will receive more consideration than experiences performed separately. A Joint Venture and Teaming Arrangement are NOT synonymous. If a teaming arrangement is proposed the Offeror (Prime Contractor) will be evaluated against this factor.

(The Solicitation) Pages 10 of 25

For each of the three (3) projects referenced under Factor 2 (Prior Experience on Relevant Projects), the contractor provides one (1) written evaluation. The evaluation must be from the Owner/Owner’s Representative. References contacted provide a favorable evaluations indicating that the projects have met the customer’s requirements as set forth in the construction contract documents (drawings and specifications) in a timely manner, and within established budgets.

(4) 4. FACTOR 4: Small Business Subcontracting Plan

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-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 three things:

1. Proposed small business subcontracting goals for this procurement,

2. Narrative describing your firm’s outreach program for small businesses, and

3. Narrative describing how your firm will maximize competition and select subcontractors that provide best value. The Offeror will be required to use the Subcontracting Commitment Goals and Outreach Efforts Form.

Note: In accordance with FAR 19.702(a)(1), the apparent successful Offeror shall be required to submit and acceptable subcontracting plan prior to award. Subcontracting plans are not required from small business concerns.

Commitment to Small Business Concerns: GSA is committed to providing to the maximum 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 XXX. 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. Small Business Concerns may perform work with the forces or subcontract work to other small businesses to demonstrate their commitment to small business. Offerors will also be evaluated on their proposed outreach efforts that will be taken to assure their commitment to small business

The standard is met when a Subcontracting Commitment Goals and Outreach Efforts Form is submitted that indicates how the firm will maximize competition and select subcontractors that

(The Solicitation) Pages 11 of 25 provide best value. The plan must also indicate how the firm intends to fulfill the socioeconomic subcontracting goals identified in the solicitation.

II.E . Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301).

(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 for Joint Venture Offerors

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

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

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

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

III. General Provisions

III.A. Availability of Funds

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

(The Solicitation) Pages 12 of 25

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but does not warrant that all such requests will be answered within 7 calendar days. Therefore, prospective offerors should make such requests not less than 7 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

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

III.G. Contractor Performance Information

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

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

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

(The Solicitation) Pages 13 of 25 selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

(3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

(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 52.215-1 Instructions to Offerors—Competitive Acquisition (JAN 04)

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

(The Solicitation) Pages 14 of 25

“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 specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(The Solicitation) Pages 15 of 25

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

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

(3) It is the only proposal received.

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

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

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

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

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

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

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

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

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

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

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

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

(The Solicitation) Pages 16 of 25

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

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

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

(f) Contract award.

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

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

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

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

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

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

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

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

(The Solicitation) Pages 17 of 25

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

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

The Government contemplates 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)

(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.

(The Solicitation) Pages 18 of 25

(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

17.3%.

6.9%

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

(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:

Pennsylvania, Philadelphia County

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

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows)

(The Solicitation) Pages 19 of 25 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.F. Buy American

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…