DB201A-SB_MD_Const_IDIQ_-_1.25.18.pdf

SOLICITATION NUMBER: 47PD0218R0002

PROJECT TITLE: General Construction IDIQ Term Contract with Design-Build Capabilities for the State of Maryland and Jefferson & Berkeley Counties in West Virginia.

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:

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

Table of Contents

I. General Information

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

II. Proposals A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal F. Requirements 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. Bond Requirements H. Contractor Performance Information I. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions

Document: DB201A-SB / DEC 2016 Rev May 2017 (The Solicitation) Pages 1 of 26

A. 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. Special 8(a) Requirements I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. 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. Additional Clauses E. FAR 52.222-62 Paid Sick Leave

VI. Method of Award

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

(The Solicitation) Pages 2 of 26

I. General Information

I.A. The Solicitation and Contract

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

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

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement

(5) The Statement of Work, Specifications, Drawings, Exhibits, and other Attachments to the Agreement

I.C. Authorized Representatives

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

(1) Contracting Officer

Name: Jacqueline De Simone Address: 100 S. Independence Mall West, Philadelphia, PA 19106

Telephone: 215-446-4519 Email: jacqueline.desimone@gsa.gov

(2) Alternate Point of Contact

Name: Maribeth T. Bonner Address: 100 S. Independence Mall West, Philadelphia, PA 19106

(The Solicitation) Pages 3 of 26

Telephone: 215-446-5846 Email: maribeth.bonner@gsa.gov

I.D. Pre-Proposal Conference. A pre-proposal conference visit regarding this Solicitation’s Feeder Project is scheduled as follows:

Date: Thursday, February 8, 2018 Time: 10:00 a.m.

Location: SSA NCC Building 6401 Security Boulevard Gwynn Oak, MD 21207

(1) Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time and date. Only those parties that have notified the Contracting Officer by January 24, 2018 and provided necessary information in advance of the meeting will be permitted to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.E. Estimated Price Range or Budget Amount

The estimated price range for the feeder project is between $500,000.00 and $1,000,000.00.

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.

(The Solicitation) Pages 4 of 26 https://maps.google.com/?q=6401+Security+Boulevard,+Gwynn+Oak,+MD%C2%A0%0D+21207&entry=gmail&source=g https://maps.google.com/?q=6401+Security+Boulevard,+Gwynn+Oak,+MD%C2%A0%0D+21207&entry=gmail&source=g

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

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

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

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

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

Date: Thursday, February 8, 2018 Time:

Location:

10AM-12PM

NCC Health Suite National Computing Center 6201 Security Blvd Gwynn Oak, MD 21207

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. Offerors shall submit an email to Contracting Officer identifying all attendees (First, Middle and Last name) from their respective team no later than 1pm on February 1, 2018. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below.

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

Name: Jacqueline De Simone

Address: 100 S. Independence Mall West, Philadelphia, PA 19106 Telephone: 215-446-4519

Email: jacqueline.desimone@gsa.gov

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received no later than 12:00 pm eastern local time on the following date through electronic submission ONLY.

(The Solicitation) Pages 5 of 26 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 https://maps.google.com/?q=6401+Security+Boulevard,+Gwynn+Oak,+MD%C2%A0%0D+21207&entry=gmail&source=g

Date:

February 27, 2018 email addresses:

jacqueline.desimone@gsa.gov, and maribeth.bonner@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) Contractor’s Qualification and Financial Information, using GSA Form 527;

(6) Letter from Bonding Company Demonstrating Bonding Capacity of at Least $3,000,000 per Single Project;

(7) Previous Project Worksheets; and

(8) Owner Reference Evaluations for Projects. Other Documents as Required

II.B. Proposal Format

The Price Proposal must be completely separated as stand alone document from the Technical Proposal.

Submit the electronic Price Proposal. The Price Proposal should consist of the following:

1. Signed Standard form 1442, including acknowledgement of amendments (if any);

2. Price Proposal Offer Sheet for the Feeder Project (NCC Health Suite);

3. GSA Form 3503, Representations and Certifications;

4. Employee Compensation Plan (See FAR 52.222-46);

5. Bid Guarantee, using Standard Form 24; and

6. GSA Form 527, Contractor’s Qualifications and Financial Information.

Submit the electronic Technical Proposal. The length of the Technical Proposal is limited to twelve (12) TOTAL pages, front and back (not including the Owner Reference/ Evaluations forms and Worksheets for Submitting Information about Previous Projects). If the length of the proposal exceeds 12 double-sided pages, only the first 12 double-sided pages of the proposal will be reviewed. The Technical Proposal should consist of the following:

1. Prior Experience Information;

a. Previous Project Worksheets

2. Past Performance Information; and

3. Key Personnel Information.

(The Solicitation) Pages 6 of 26 mailto:jacqueline.desimone@gsa.gov mailto:maribeth.bonner@gsa.gov

Owner Reference Evaluation for all Projects should be submitted directly from the owner to GSA via email. Owner Evaluations that are submitted with the offeror’s proposal or delivered by any means by the offeror will not be accepted.

II.C. Price Proposal

(1) Contents

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

(2) Qualifications, Exclusions and Conditions

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

II.D. Technical Proposal

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

Award will be made to the responsible offerors whose offers are most advantageous to the Government. The proposals providing the best value to the Government considering technical and price factors shall be accepted. For this procurement, the combined weight of the technical evaluation factors is significantly more important than price. The trade-off process under the best value approach will be used. The intention of the Government is to make award without discussions, therefore, offerors will be requested to submit their initial proposals to the Government on the most favorable terms based on technical factors and price. The Government reserves the right to conduct discussions if the Contracting Officer later determines discussions to be necessary.

Technical Evaluation Factors:

The Government will evaluate each of the offeror’s proposals with respect to offered price and technical evaluation factors and their associated submission requirements set forth below:

(1) Prior Experience

This factor will measure the breadth, depth and relevance of an offeror’s prior experience in performing projects similar in scope, magnitude and complexity to the work described in this solicitation. The offeror should submit a detailed description of four (4) projects performed as the prime contractor within the past five (5) years that are similar in dollar value (estimated construction costs between $150,000.00 and $3,095,000.00), similar in nature, and under

(The Solicitation) Pages 7 of 26 similar working conditions. If more than four projects are submitted, only the first four will be $considered. More recent performance may be deemed to have greater importance than less recent performance. Previous projects may have been governmental (federal, state or local) or private sector contracts. A design-build project submitted as one of the four (4) previous projects may be rated more favorably.

“Similar” is defined as a project that is comparable in terms of scope, magnitude, and complexity. The Government considers a project that has the following criteria a similar project:

(1) Performed within the last five (5) years, project must be complete by the closing date of this solicitation;

(2) The project’s construction value was between $150,000 and $3,095,000;

(3) The project involved the following project delivery method: design-build or design-bid-build; and

(4) Work performed in an occupied office building.

The Government considers the following favorable:

● Similar projects (as defined above) for the Federal Government;

● Similar projects (as defined above) that incorporated multiple trades;

● Similar project with dollar value close to, or exceeding, $1,000,000.

The offeror should provide the following information for each of the projects:

(a) Name and location of the project;

(b) A detailed description of the project;

(c) Type of building space (office, hospital, lab, school, etc.)

(d) Project start and completion dates;

(e) Construction cost at award and final construction cost at project completion;

(f) Project delivery method (design-build, design-bid-build, etc.)

(g) A narrative description of the amount and type of work the firm performed with in-house forces and the percentage of the work that was completed by subcontractors;

(h) An explanation of Project Management techniques and the Quality Control measures that were used on the project. Provide a summary of issues that were encountered on the project, and how they were resolved using the established Project Management techniques and Quality Control measures.

(i) Name, title, address, phone number and email address for building owner or representative of the owner who can attest to the services provided.

A Previous Project Worksheet (attachment) should be completed to provide the above project information.

Evaluation: Successful Prior Experience will demonstrate breadth, depth, and relevance of work to successfully perform this contract. The offeror is requested to provide information on four (4) projects as outlined above. If the offeror’s submission for this technical factor does not meet the

(The Solicitation) Pages 8 of 26 criteria set forth above, it may result in a lower technical rating. The Government will evaluate the proposed Prior Experience in terms of its reduction of risk with respect to successful performance.

(2) Past Performance

This factor will evaluate the quality of the offeror’s past performance in performing projects similar in scope, magnitude, and complexity to the one described in this solicitation. "Similar" is defined under Prior Experience (above). Past Performance measures the offeror's overall quality of past performance, record of conforming to contract requirements and to standards of good workmanship; the management of subcontractors; the offerer'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.

Past performance will be evaluated by analysis of information provided through the completed Owner Reference/Evaluation form (attachment) completed by the building's owner or a representative of the owner.

Owner Reference/Evaluation forms should only be completed for projects submitted for the Prior Experience Factor.

All completed Owner Reference/Evaluation Forms shall be completed by the owner and sent directly to the GSA Contract Specialist (Maribeth Bonner, via email at Maribeth.Bonner@gsa.gov) by the proposal due date. The Government will determine whether the past performance of key personnel, subcontractors or other partners offsets the risk of doing business with a prime contractor or joint-venture that has no or limited past performance of its own. One evaluation form and worksheet should be submitted for each project.

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 similar project on which they have performed within the past five (5) 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.

Note:

1. It is the contractor’s responsibility to ensure that their references have completed the Owner Reference Evaluation Form and to ensure that the documents are submitted to GSA by the proposal due date.

(The Solicitation) Pages 9 of 26

2. The Owner Reference Evaluation Form must be sent directly from the owner to GSA via email. Owner evaluations that are submitted with the offeror’s proposal or delivered by any means by the offeror will not be accepted.

3. An owner is defined as a reference that is submitted by a building owner/developer or anyone who was hired by the building owner/developer to represent them during a project, such as a construction manager or architect/engineering firm.

Evaluation: Successful Past Performance will demonstrate quality of work to successfully perform this contract. The Contractor is requested to provide evaluations for the four projects that were submitted for the prior experience evaluation factor. If the Contractor’s submission for this technical factor does not meet the criteria set forth above, it may result in a lower technical rating. A neutral rating will be given to offerors without a record of relevant past performance or for whom information on relevant past performance is not available.

The Government will evaluate the proposed Past Performance in terms of its reduction of risk with respect to successful performance.

(3) Key Personnel

Offerors will be requested to identify key personnel for the project team and their responsibilities, qualifications, and positions for the proposed projects. Key Personnel are limited to the Contract Manager, the primary Project Manager, and the Architect/Engineer Resources/Firm that will be used on task orders against this term contract. No other key personnel qualifications will be considered. Please note that the offeror’s proposal shall clearly state if the same person is being utilized for both Contract Manager and Project Manager. Additionally, the Key Personnel section should address the degree to which the resumes of key personnel reflect qualifications by education, experience on similar projects, knowledge and skills to perform the work. The duties of each should be clearly described in the proposal.

The Contract Manager should be a central point of responsibility/authority for all projects awarded during the performance period of the IDIQ contract. This individual should not be an on-site manager, but someone with administrative oversight responsibilities, typically based in the firm’s home or corporate office. The Contract Manager should have the authority to make final decisions on the contractor's behalf. They should be able to sign contracts, task orders, and modifications. The Contract Manager should provide oversight of the contractor's project manager(s).

The architects or engineers should be licensed and be capable of providing professionally stamped drawings. The requested architectural and engineering disciplines are: civil, architectural, mechanical, electrical, plumbing, structural, security and fire protection. A description of the work history together for proposed Architect/Engineer Resources/Firm and offeror should be included.

(The Solicitation) Pages 10 of 26

Complete resumes should be provided for the Contract Manager, the primary Project Manager and the Architect/Engineer Resources/Firm proposed to work on this project listing their education, training, qualifications, specialized experience in this type of work and the demonstrated technical competence of the staff on similar projects. This demonstrated competence will take the form of specific project accomplishments, length of service in a particular discipline, and other specifiable or identifiable elements and duties. Each key personnel should have a minimum of five (5) cumulative years of construction renovation experience in occupied facilities. Offerors should discuss previous experience in which the Contract Manager and primary Project Manager may have working together on past projects.

The key personnel may be viewed more favorably if the proposed key personnel were on the project team of the projects referenced in the prior experience and past performance section.

Evaluation: Successful Key Personnel will demonstrate education, training, professional qualifications, and experience relative to the tasks of their assigned position to successfully perform this contract. If the Contractor’s submission for this technical factor does not meet the criteria set forth above, it may result in a lower technical rating. The Government will evaluate the proposed Key Personnel in terms of its reduction of risk with respect to successful performance

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.

Document: DB201A-SB / DEC 2016 Rev May 2017 (The Solicitation) Pages 11 of 26 https://www.sam.gov/

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

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

III. General Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered within 15 calendar days. Therefore, prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (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 made available until after award except as provided by FAR 15.503.

(The Solicitation) Pages 12 of 26

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 Bond Requirements

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

III.H. Contractor Performance Information

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

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

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 Modules: Currently there are three (3) modules within the CPARS system;

however, the modules are being merged into a single application under the CPARS name in order to standardize the contractor performance evaluation process across the entire Federal Government. The merge is scheduled to occur in the summer of 2014. For more information on the merge visit the FAQs on the CPARS website. The following are the three modules within the system:

(a) Contractor Performance Assessment Reporting System (CPARS): Used to create past performance evaluations on services procurements;

Document: DB201A-SB / DEC 2016 Rev May 2017 (The Solicitation) Pages 13 of 26 http://www.cpars.gov/index.htm

(b) Architect Engineer Contract Administration Support System (ACASS): Used to create past performance evaluations on A/E procurements; and

(c) Construction Contractor Appraisal Support System (CCASS) module: Used to create past performance evaluations on construction procurements.

Throughout the remainder of this section, the term “CPARS” will mean the overall evaluation system (inclusive of the CPARS, ACASS and CCASS evaluation modules).

(3) Contractor’s User Point of Contact: The contractor must provide the contracting officer with the name and email address of the contractor’s user who will be the past performance point of contact (POC). The POC will be responsible for the contractor’s evaluations. Access to CPARS will be granted to the POC after the award is registered in the system, and the POC is assigned the CPARS system role of contractor representative (referred to as “CR” in the CPARS system).

(4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on the award. The CR will be able to access CPARS to review and comment on the evaluation. If the 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 the 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.

(5) Contractor CPARS Training: Contractors should 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.

III.I. 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 26 http://www.cpars.gov/allapps/cpcbtdlf.htm

“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

(The Solicitation) Pages 15 of 26 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 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.

(The Solicitation) Pages 16 of 26

(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.

(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

(The Solicitation) Pages 17 of 26 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.

(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.

(The Solicitation) Pages 18 of 26

(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:

[CO Note: Locality goals can be found at http://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf ]

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

MD - SMSA Counties - 23.0%.

MD - Non-SMSA Counties - 23.6% Jefferson County, WV - 25.2% Berkeley County, WV - 25.2%

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

Document: DB201A-SB / DEC 2016 Rev May 2017 (The Solicitation) Pages 19 of 26 http://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf

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:

The State of Maryland and including, also, Jefferson and Berkeley counties in West Virginia.

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

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

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

IV. F. Buy American The following clauses apply to Task Orders as identified by the dollar thresholds below:

Under $7,358,000 Over $10,079,365 Between $7,358,000 and $10,079,365

Not Funded By ARRA

FAR 52.225-10 FAR 52.225-12 FAR 52.225-12 (ALT

II)

The above provisions are provided below.