N_VA_IDIQ_Solicitation_No._47PD0217R0010_C201_The_Agreement.pdf

GSA Solicitation No. 47PD0217R0010

Document: C201-SB / DEC 2016 Rev 2017 (The Solicitation) Pages 1 of 35

Construction Contract for Northern VA Micro Term IDIQ The Solicitation

Notice to Offerors of Total Small Business Set-Aside

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

FAR 52.219-6, Notice of Total Small Business Set Aside

(The Solicitation) Pages 2 of 35

Table of Contents

I. General Information

A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.236-27 Site Visit - Construction G. Receipt of Offers

II. Proposals

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

III. General Provisions

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

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the

Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American G. Buy American Exceptions H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference I. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Additional Solicitation Provisions and Instructions A. Additional Provisions B. Additional Clauses C. FAR 52.222-62, Paid Sick Leave under Executive Order 13706

VI. Method of Award A. Evaluation of Offers B. Determination of Responsibility

(The Solicitation) Pages 3 of 35

C. Price Reasonableness / Price Realism D. Unbalanced Prices E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offerors

(The Solicitation) Pages 4 of 35

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is a total Small Businesses set-aside with one award set aside for a Women-Owned Small Business Concern Eligible Under the Women-Owned Small Business Program, in accordance with FAR 19.

This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offerors, subject to the conditions set forth herein.

The government's intent is to award to approximately three (3) to five (5) offerors who submit proposals which will provide the best value to the government in terms of technical qualifications and price.

This procurement is a Total Small Business Set Aside, with one (1) contract reserved for a Women-Owned Small Business (WOSB) concern. The Government has the right to award more than one contract to a WOSB concern if it is determined they represent the best value to the Government in accordance with the source selection criteria. The Government will only meet this reserve if a proposal is received from a WOSB concern that is responsive, responsible, and received an overall technical score of "Acceptable" or greater and represents a fair and reasonable price. If it is determined that no WOSB offeror proposes an acceptable proposal at fair and reasonable price, a WOSB concern will not be recommended for an award and the Government is no longer bound to make an award to this concern.

A seed project for the Bostetter Courthouse Parking Lot Resurfacing, located at 200 S.

Washington St. Alexandria, VA. 22314, will be part of this solicitation.

(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 Standard Form SF 1442 – Solicitation Offer and Award 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) Other Forms Required For Submission with Proposals

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

(5) The Agreement and Attachments to the Agreement

I.C. Authorized Representatives

(The Solicitation) Pages 5 of 35

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

Contracting Officer (Secondary Point of Contact):

Name: Jesse A. Cohen Address: 100 S. Independence Mall West Philadelphia, PA 19106 Telephone: 215-446-5766 Email: jesse.cohen@gsa.gov

Contract Specialist (Primary Point of Contact):

Name: Patrick Spellman Address: 100 S. Independence Mall West Philadelphia, PA 19106 Telephone: 215-606-1755 Email: patrick.spellman@gsa.gov

I.D. Pre-Proposal Conference

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

Date: 02/01/2018 Time: 1:00 PM Eastern Time Location: 200 S Washington St, Alexandria, VA 22314

1. The Pre-Proposal Conference will address the general terms of the IDIQ as well as the specific terms associated with the Bostetter Courthouse Parking Lot Resurfacing (seed project) Scope of Work

2. Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Attendance requires that all parties who wish to attend notify the Contract Specialist via email at patrick.spellman@gsa.gov by providing the Contractor Clearance Form (attached) no later than 12:00pm Eastern Time on Friday 01/26/2018. If this requirement is not met, access will not be granted for participation in the pre-proposal conference. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

3. For further information about the site visit or access requirements, please contact the Contract Specialist:

Name: Patrick Spellman Telephone: 215-606-1755 Email: patrick.spellman@gsa.gov

I.E. Estimated Price Range

The individual orders to be placed under the contracts will generally range in value from $2,000.00 to $150,000.00. The contract duration will be one (1) base year with two (2) one-year options. The aggregate Maximum Order Limitation (MOL) shall be $2,000,000.00 for all task mailto:patrick.spellman@gsa.gov

(The Solicitation) Pages 6 of 35 orders for the entire term of the contract. In other words, there is neither a single MOL per contractor nor a single MOL per year. The $2,000,000.00 MOL is an aggregate MOL that applies to all task orders issued to all contractors on this multiple award IDIQ.

The estimated price range for the Seed Project is between $25,000 and $100,000.

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

(2) For more information about the pre-proposal Conference, please refer to section ‘I.D.

Pre-Proposal Conference’.

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 email address below at the following time and date:

Proposal Due Date & Time: Friday February 16, 2018 at 2:00 PM Eastern Time

Email Addresses: patrick.spellman@gsa.gov http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 mailto:patrick.spellman@gsa.gov

(The Solicitation) Pages 7 of 35

II. Proposals

II.A Proposal Contents

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

a. Technical Proposal (Vol. 1):

Factor #1 – Prior Experience on Relevant Projects Factor #2 – Past Performance on Relevant Projects Factor #3 – Management Plan

b. Price Proposal (Vol. 2):

- Signed Standard Form 1442 and all amendments acknowledged

- Completed and Signed Pricing Sheet

- GSA Form C301, Representations and Certifications

- GSA Form 527, Contractor’s Qualifications and Financial Information

II.B. Proposal Format

Submit one electronic copy of the Price Proposal and one electronic copy of the Technical Proposal via email. Notwithstanding any other statement in the solicitation, there is a fifteen (15) page limitation for the Technical Proposal (Vol. I) requested under the solicitation. NOTE: Pages that exceed the required page limitations will not be evaluated. All pages (including table of contents, cover pages, etc.) will be counted towards the 15 page limitation.

The proposal must be submitted via email as directed above. The Price Proposal and the Technical Proposal must be two separate documents submitted as .pdf email attachments and the Technical Proposal shall not contain any price information.

II.C. Price Proposal

(1) Contents

The Price Proposal for the Seed Project outlined in the Bostetter Courthouse Parking Lot Resurfacing Scope of Work, shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Acknowledge all amendments to this solicitation by number and date. Indicate the Total Evaluated Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

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

(3) Special Pricing Conditions for IDIQ Contracts:

A. PERFORMANCE AND PAYMENT BONDS

(The Solicitation) Pages 8 of 35

a. Prior to commencement of work on an awarded task order, the contractor will be required to provide Performance and Payment Bonds or alternate payment protection, as follows:

i. Orders less than or equal to $35,000: No additional protection required

ii. Orders over $35,000 but less than or equal to $150,000: Alternate payment protection in accordance with FAR 52.228-13, Alternative Payment Protections

iii. Orders over $150,000: Performance Bond: 100% of the awarded delivery order amount. Payment Bond: 100% of the awarded delivery order amount.

b. When additional bonding is required, the provisions of FAR 28.102- 2(b)(1) and FAR 28.102-2(b)(2) shall apply.

II.D. Technical Proposal

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

(1) Evaluation Factors

The technical evaluation factors are listed in descending order of importance and when combined are significantly more important than price.

Prior Experience on Relevant Projects Past Performance on Relevant Projects Management Plan

(2) Evaluation Factors Defined:

1. PRIOR EXPERIENCE ON RELEVANT PROJECTS

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

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

• Work that is similar to the scope of the solicitation

• Construction/Renovation and Alteration projects performed in occupied buildings with a value between $2,000.00 and $150,000.00 o Projects outside of this range may be considered less relevant o Projects submitted towards each end of this range may be viewed more favorably than projects that are only towards one end of this range

• Single or Multiple Award IDIQ Contracts valued at no less than $1,000,000.00 and no more than $4,000,000.00

(The Solicitation) Pages 9 of 35 o If a proposed IDIQ contract is not within the specified range it may be considered less relevant

• General Construction Experience

• Ability to self-perform projects

• Specialty Trade Experience (i.e. Electrical, Plumbing, HVAC, Fire Alarm, etc.)

• Federal Construction Contract Experience

• Performed work throughout the delineated area

Prior performance by predecessor companies and subcontractors may be considered. These previous projects may have been governmental (federal, state, or local) or private sector contracts. Experience on similar projects for the Federal Government is considered a strong asset.

The offeror is requested to submit a detailed descriptive listing of three (3) to five (5) projects performed as the prime contractor within the past six (6) years that are similar in nature to the one described in this solicitation. (If more than five projects are submitted only the first five 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. If submitting information for current contracts, the contract must be at least 50% complete by time of the closing date of this solicitation in order for those contracts to be evaluated as part of the offeror’s relevant prior experience. The detailed description submitted for each project should include the following information:

(1) Name and location of the project.

(2) Name of the prime contractor.

(3) Project start and completion dates.

(4) Construction cost at award and final construction cost at completion.

(5) Description of services provided. Include information regarding how the submitted project is comparable to the subject project in terms of scope, magnitude and complexity.

(6) List of subcontracted work and subcontractors used, along with the dollar amount of each subcontract.

(7) Type of contract (e.g. firm fixed price, cost reimbursable, etc.).

(8) Name, title, address, phone number, and email of the building's owner 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.

If proposing a joint venture, offerors will be required to discuss previous experience the joint venture may have in working together on previous projects, including the length of time the joint venture has worked together in the past, and how long the personnel within the joint venture have worked together on previous projects.

2. PAST PERFORMANCE ON RELEVANT PROJECTS

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

(The Solicitation) Pages 10 of 35 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.

Past performance will be evaluated by analysis of information provided as requested under Prior 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.

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 on which they have performed within the past six (6) 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.

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

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

3. MANAGEMENT PLAN

The Government will evaluate each offeror’s relative understanding of the contract requirements. The Contractor’s Management Plan is a significant evaluation criterion in this solicitation. It should detail the Contractor's overall approach and commitment to accomplishing the objectives of this requirement. The Government has the right to incorporate all or part of the Contractor’s proposed Management Plan into the contract. If incorporated, the Management Plan will be binding upon the Contractor and the Government. Below are specific items which must be completely addressed by the offeror in the proposed Management Plan.

a. IDIQ Contract Approach: The offeror shall demonstrate their overall plan / approach, demonstrating sound means and methods to ensure organizational management for the contract. The plan should include an offeror’s approach to Quality Control, Schedule, Safety, Communication, Security, Submittal Process, and any other information an offeror deems vital to successful performance.

b. Task Order Approach: The offeror shall demonstrate how they will evaluate, respond to, and execute multiple requirements performing various trades throughout the delineated area simultaneously. Extra consideration will be given to offerors who successfully demonstrate their ability to self-perform multiple trades and their ability to respond to requirements in a timely manner throughout the entire delineated area.

(The Solicitation) Pages 11 of 35

c. Staffing Plan: The Offeror’s staffing plan should include a detailed description of how the Contractor intends to accomplish the requirements of the contract using in-house and sub-contracted resources. The staffing plan should include, at a minimum:

i. Key Personnel positions (IDIQ Contract Manager and Primary Project Manager and any other key personnel as determined by the offeror), their titles, responsibilities, physical locations, and the firm for which the employee works.

ii. Minimum qualifications for each key position identified.

iii. Resumes and references for individuals who will serve in Key Personnel positions.

iv. General description of the overall staffing that will be provided to successfully meet the requirements of the contract.

v. Description of how the contractor plans to recruit and retain personnel, particularly key personnel, key subcontractors, and workforce.

vi. Organizational Chart and Line of Authority for the IDIQ Contract.

vii. Amount and form of interaction between the home office and the project sites.

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 (SAM), accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301).

(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

(The Solicitation) Pages 12 of 35

Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

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

(The Solicitation) Pages 13 of 35

III. General Provisions

III.A Availability of Funds

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation documents prior to the date set for receipt of offers, but does not warrant that all such requests will be answered. Prospective Offerors should make such requests not less than ten (10) 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, http://www.sba.gov/

(The Solicitation) Pages 14 of 35 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 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.

III.I. Additional Security Requirements

(1) FAR 52.204-2, Security Requirements, August 1996 http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm

(The Solicitation) Pages 15 of 35

(a) This clause applies to the extent that this contract involves access to information classified “Confidential,” “Secret,” or “Top Secret.”

(b) The Contractor shall comply with --

(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); and

(2) Any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(e) The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer, for cancellation upon the release of any employee.

When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project. (End of clause).

(2) FAR 52.204-9, Personal Identity Verification of Contractor Personnel, January 2011

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract.

The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine

(The Solicitation) Pages 16 of 35 physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. (End of clause).

(3) FAR 52.224-1, Privacy Act Notification, April 1984

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93- 579, December 31, 1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. (End of Clause)

(4) FAR 52.224-2, Privacy Act, April 1984

(a) The Contractor agrees to --

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies -

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function.

For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)

(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(The Solicitation) Pages 17 of 35

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. (End of Clause)

(5) GSAR Clause 552.204-9, Personal Identity Verification Requirements, October 2012

(a) The contractor shall comply with GSA personal identity verification requirements, identified at http://www.gsa.gov/hspd12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system. (End of clause).

This project will be classified on a task order basis.

(The Solicitation) Pages 18 of 35

IV. FAR/GSAR Solicitation Provisions

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

(a) Definitions. As used in this provision—

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

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

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

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

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays.

However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

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

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

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

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

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

(i) The solicitation number;

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

(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;

(The Solicitation) Pages 19 of 35

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

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

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

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

(The Solicitation) Pages 20 of 35

Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

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

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

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

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

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

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

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

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

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

(The Solicitation) Pages 21 of 35

(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.

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

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

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

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

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

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

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

(The Solicitation) Pages 22 of 35

(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 Multiple Award Indefinite Delivery / Indefinite Quantity (IDIQ) contract resulting from this solicitation. (End of Provision)

FAR 52.216-27 – SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. (End of provision)

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

(MAY 14)

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

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

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

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

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

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

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

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

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

(The Solicitation) Pages 23 of 35

Alexandria, Arlington, Fairfax, Loudoun, and Prince William counties of Virginia:

28.0%

Nationwide:

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…