47PD0224R0048 CMc Services for Clarksburg Courthouse Modernization Phases 2-5 Project Form 101 7 24 2024.pdf

GSA Solicitation No. 47PD0224R0048

Document: CMc May 2024 (The Solicitation)

Construction Manager as Constructor (CMc) Contract

The Solicitation

Construction Manager as Constructor (CMc) Services for the Phases 2-5 Repairs and Alterations Prospectus for the U.S. Courthouse in Clarksburg, West Virginia.

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Magnitude of Construction F. FAR 52.236-27 Site Visit – Construction G. Receipt of Offers

II. Proposals

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

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Bond Requirements H. Contractor Performance Information I. Safeguarding and Dissemination of Controlled Unclassified Information

(CUI) Building Information

J. INFORM

K. Mega Construction Project Program

IV. FAR/GSAR Solicitation Provisions A. FAR 52.216-1 Type Of Contract B. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of

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

Equal Employment Opportunity for Construction D. Buy American Requirements E. Buy American Exceptions F. FAR 52.233-2 Service of Protest G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference H. GSAR 552.102 Incorporating Provisions and Clauses by Reference I. GSAR 552.252-5 Authorized Deviations in Provisions

J. Small Business Subcontracting Plan K. Project Labor Agreement L. Certified Cost or Pricing Data M. Additional Provisions

GSAR 552.236-74, Evaluation of Options

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.244-5 Competition in Subcontracting C. Security Requirements D. GSAR 552.236-77, Government’s Right to Exercise Options E. Additional Clauses

VI. Method Of Award

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

I. General Information

I.A. The Solicitation and Contract

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

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

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

I.B. List of Solicitation Documents The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Other Forms Required for Submission with Proposals

(4) Standard Form (SF) 1442 – Solicitation Offer and Award provided via an amendment

(5) The Agreement and Attachments to the Agreement

(6) Other Attachments

I.C. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Raymond J Porter

Address: 100 Independence Mall West Philadelphia Pa 19106

Authorized Representative Information:

Telephone: 215 756 3439

Email:raymondj.porter@gsa.gov

Alternate POC Information

Name: Shane O'Brien

Address: 100 Independence Mall West Philadelphia Pa 19106

Telephone: 267 252 9208

Email: shane.obrien@gsa.gov

I.D. Pre-Proposal Conference

Information shall be provided via a project amendment by the GSA Contracting Officer Raymond J Porter.

I.E. Magnitude of Construction

(1) The estimated total construction cost for the project falls within the range of $40,000,000.00 to $50,000,000.00.

(2) The CMc Contingency Allowance (CCA) is three percent (3%) of the Estimated Cost of the Work (ECW), as defined in the Agreement.

(3) The Contract contemplated by this Solicitation provides for shared savings.

I.F. FAR 52.236-27 Site Visit – Construction (Feb 1995)

(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.

Information shall be provided via a project amendment by the GSA Contracting Officer Raymond J Porter.

I.G. Receipt of Offers https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3

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

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

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

II. Proposals

II.A. Proposal Contents

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

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications

4. List of items included within the offeror's home office overhead

5. Subcontracting Plan

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

7. Proprietary Information Agreement(s)

8. Other Documents as Required

II.B. Proposal Format 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.

In accordance with FAR 52.215-1(c)(1) all proposals and modifications to the proposals shall be submitted electronically via electronic mail (email) to raymondj.porter@gsa.gov.

The offeror shall submit their proposal in Acrobat Adobe®(.pdf) format with a total file size of less than 10MB. Failure to meet this requirement will result in a rejection of the offeror’s proposal. It is recommended the offeror submit their proposal to the aforementioned emails with a read receipt request.

The Technical and Price proposal must be submitted as separate Portable Document Format (PDF) attachments in an email. The Technical and Price proposal must be received by a date to be determined later at raymondj.porter@gsa.gov.

Hard copy submissions will not be accepted.

II.D. Technical Proposal

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

Technical Evaluation Factors

Technical factors, when combined, is considered significantly more important than price.

i. Management Approach (35%)

ii. Experience (30%)

iii. Past Performance (30%)

iv. Small Business Utilization (5%)

v. Cost Accounting Standards Compliance (Acceptable/Unacceptable Rating)

Technical Factor Definitions

a. Management Approach- The Government will evaluate the Contractor's overall approach and commitment to accomplishing the objectives of this requirement.

b. Experience- This factor will measure the number of opportunities the offeror has had to learn by doing. The Government will examine the breadth, depth, and relevance of the offeror’s prior experience in performing projects similar in size, scope, and complexity to those described in the solicitation.

c. Past Performance- This factor will measure the quality of the offeror's collective experience in performing projects similar in size, scope, and complexity to those described in the solicitation. The quality of the work associated with past projects will be evaluated. The Government will utilize the project information submitted under Prior

Experience above and other available sources to assess the relevance and quality of work performed on similar projects.

d. Small Business Utilization - The Government will evaluate the Contractor’s overall subcontracting methodology with regards to small businesses and commitment goals and outreach efforts.

e. Cost Accounting Standards Compliance- The offeror must successfully demonstrate they are CAS compliant; this is an Acceptable/Unacceptable or GO/NO GO factor. A CAS Compliant statement is required

Total Evaluated Price

For award purposes, prices will be evaluated based on the total construction cost of the contract. In accordance with FAR 15.404, price analysis will be used to determine price reasonableness and the offeror’s understanding of the work and ability to perform the contract. For this solicitation, the combined weight of the technical evaluation factors is considered significantly more important than price. The approach to the source selection for this procurement will be pursuant to the best value concept. The objective is to select the proposal that offers the best value for the funds expended, not necessarily the lowest price. As the selection of a firm will be based on the best value concept, GSA may pay more for demonstrated technical experience.

Price will not be assigned an adjectival rating. Price proposals will be evaluated to determine the reasonableness of the offeror's proposal. Price will be evaluated against the technical requirements of the RFP and offered proposal to make an assessment of the offeror’s understanding of the work requirements (i.e. unreasonably low or high prices, as compared to other offers or the Government Estimate, may indicate that the offeror does not comprehend the requirements of the RFP). Proposals will be evaluated to assess the degree to which the proposed price accurately reflects technical solutions.

A price analysis will be performed in accordance with techniques prescribed in FAR Part 15.404-1. The price proposals will only be considered after all technical evaluations have been completed.

1. In accordance with FAR 52.215-1(c)(1) all proposals and modifications to the proposals shall be submitted electronically via electronic mail (email) to raymondj.porter@gsa.gov . The offeror shall submit their proposal in Acrobat Adobe® (.pdf) format with a total file size of less than 10MB. Failure to meet this requirement may result in a rejection of the offeror’s proposal. It is recommended the offeror submit their proposal to the aforementioned emails with a read receipt request.

The RFP Package shall consist of the following:

Phase I

a. Technical Proposal Phase I – Due by 30 August 2024 by 2 PM EST.

i. Tab A: Factor #1- Experience (fifteen pages)

ii. Tab B: Factor #2- Past Performance (Information Included in Factor 1)

iii. Tab C: Factor #3- Cost Accounting Standard Compliance (no page limitation)

Phase II

Technical Proposal Phase II Due date to be announced via amendment

i. Tab D: Factor #4- Management Approach (twenty-five pages)

ii. Tab E: Factor #5- Small Business Utilization (five pages)

iii. Tab F: Factor #6 - Project Labor Agreement (no page limitation)

Pages that exceed the page limitations will be removed or not read and will not be evaluated by the Government. All pages (including table of contents, cover pages, etc.)

will be counted unless it is otherwise stated in the solicitation.

Price Proposal- Due date to be announced via amendment

i. Signed Standard Form 1442 and all amendments acknowledged

ii. Bid Sheet

iii. Representations and Certifications (C301)

iv. Completed Form 527-99a

Offerors shall submit all proposals as separate files. Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

3. Format. The submission shall be clearly indexed and logically assembled. Each proposal shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and RFP number in the header and/or footer. The proposals shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1” Gutter – 0” From Edge – Header, Footer 0.5” Columns- No more than 2 columns Page Size, Width – 8.5” Page Size, Height – 11

The proposal should clearly demonstrate that the offeror has a thorough understanding of the project.

Statements made by the offeror that he/she understands, can or will meet the solicitation requirements or paraphrasing the solicitation or parts thereof will be considered inadequate. Phrases such as "Standard procedures will be employed" or "well known techniques will be used" will also be considered inadequate. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked. Submission of marketing brochures is not acceptable unless provided as supplementary information only.

Award

1. Contract award shall be made to the offeror considered to be the best value to the Government considering price and other non-price factors. The technical evaluation factors are listed in descending order of importance and when combined are significantly more important than price.

i. Management Approach (35%)

ii. Experience (30%)

iii. Past Performance (30%)

iv. Small Business Utilization (5%)

v. Cost Accounting Standards Compliance (Acceptable/Unacceptable Rating)

For an offeror to be considered for award all technical factors must be rated “Acceptable” or higher. If any individual factor receives a rating of “marginal” or “unacceptable” the offerors overall proposal will be rated respectfully.

Phased Evaluation Approach

Phase I: The government will evaluate all factors submitted by the offeror during Phase I. All offerors who submit a proposal during phase I will be provided the opportunity to submit a proposal for Phase II.

If the government determines that any rating for a factor proposed during phase I is “marginal” or “unacceptable” the government will notify* the offeror of their rating, and that their proposal may not be considered for award. The government will advise the offeror that any proposal information submitted for future phases may not be reviewed if the government determines it is in its best interest.

AT THE TIME OF THIS NOTIFICATION THE OFFEROR MAY NOT REVISE THEIR

PROPOSAL.

Phase II- Price Proposal: The government will issue an amendment to all offerors to provide them with the Final Concept and Program of Requirements (POR). A time and date to receive price proposal will be included with this amendment. Price will be evaluated in accordance with the techniques prescribed in this solicitation.

* This notification does not constitute discussions as defined in FAR 15.306 (d).

The Government intends to evaluate proposals and award a contract without discussions with offerors (other than exchanges conducted for the purpose of minor clarifications). Therefore, each initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. If necessary, a competitive range of offerors will then be determined on the basis of technical qualifications identified in the solicitation, along with price, and will include all proposals that have a reasonable chance of being selected for award. Written and or oral discussions may be conducted with those firms in the competitive range, if needed.

TECHNICAL EVALUATION CRITERIA

The Government will evaluate each offeror's technical proposal and price proposal in accordance with the evaluation factors in the solicitation.

The following are the technical evaluation factors;

i. Factor 1: Experience

ii. Factor 2: Past Performance

iii. Factor 3: Cost Accounting Standards Compliance

iv. Factor 4: Management Approach

v. Factor 5: Small Business Utilization

TECHNICAL EVALUATION FACTORS

PHASE I- DUE DATE August 30, 2024

TAB A- Factor 1: Experience (fifteen-page limitation, includes all pages i.e. cover page, table of contents, tabs, etc.)

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 projects with some or all of the following characteristics:

1) Construction Projects valued at $40 Million or Higher;

2) CMc Experience/CM at Risk Experience;

3) Guaranteed Maximum Price Contracts;

4) Design Phase Services;

5) Major Renovations, interior and exterior;

6) Major High-Level Interiors/Mill Work experience

7) Major secure space construction

8) Major Abatement;

9) Major Mechanical and Electrical work;

10) Work performed in occupied buildings;

11) Federal Construction Contract Experience (Additional Consideration);

12) Courtroom Construction Experience (Additional Consideration)

13) Performed projects in Clarksburg and surrounding areas (Additional Consideration)

An offeror who successfully demonstrate they possess experience that meets all the characteristics will receive the highest evaluation. The offeror is requested to submit a detailed descriptive listing of three to five projects performed as the prime contractor 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 (see characteristics). If submitting information for current contracts, the contract must be at least 50% complete by the date of the proposal in order for those projects 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 building, type of facility, nature of tenant mission and population, square footage;

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

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

4) Awarded contract value and final contract amount;

5) Planned and actual date of contract start and completion;

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

7) If a GMP contract, provide GMP or budget at award; and GMP at the construction start and final contract value after adjustments. Explain any differences in GMP or budget at award, GMP at construction start, and final contract value after adjustments;

8) List of subcontracted work and subcontractors used, along with amount of each subcontract;

9) Indicate whether liquidated damages were assessed against the Offeror due to late completion;

10) 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.

This information will be utilized for Factor 2: Past Performance.

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.

A Joint Venture and Teaming Arrangement are NOT synonymous. If a teaming arrangement is proposed the offeror (prime contractor) will be evaluated against this factor. It should be noted that if an offeror demonstrates a strong reliance to one subcontractor it may result in an unfavorable evaluation. Offerors shall provide a copy of the agreement as part of their proposal for this factor.

TAB B- Factor 2: Past Performance

This factor will evaluate the quality of an offeror’s collective experience in performing projects similar in size, scope and complexity to those described in this solicitation.

The relevance of the projects submitted will be an additional consideration under this factor. The Offeror must submit a PBS Past Performance Questionnaire (PPQ) (included in the solicitation as Attachment 2), completed by the applicable client, for each project included in its proposal for Factor 1, Prior Experience on Relevant Projects. Completed PPQs should be submitted with the proposal. Ensure correct phone numbers and email addresses are provided for the client point of contact.

Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the project. If the client requests, the client may submit a questionnaire directly to the Government's point of contact, via email at Raymondj.Porter@gsa.gov prior to proposal closing date. Offerors may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. Also include performance recognition documents received within the last six (6) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the Offeror. While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. GSA will not maintain database of PPQs submitted by Offerors. The Government has no obligation to ensure that an equal number of references are obtained for each offeror.

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

TAB C- Factor 3: Cost Accounting Standards Compliance (no page limitation)

The Contractor shall demonstrate their compliance with CAS through the submittal of all disclosures in accordance with FAR 52.230-1, Cost Accounting Standards Notice and Certifications and FAR 52.230-7, Proposal Disclosure - Cost Accounting Practice Changes. Cost Accounting Standard (CAS) compliance shall represent a acceptable/unacceptable evaluation factor. The successful offeror will be required to use an “open book accounting system” which will be subject to periodic government review.

TAB D - Factor 4. Management Approach (twenty-five-page limitation, includes all pages i.e. cover page, table of contents, tabs, etc.)

The Government will evaluate each offeror’s relative understanding of the contract requirements. 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.

Design Phase Approach

The offeror’s approach to design phase services including and not limited to schedule development, cost estimating and cost reconciliation services, address subcontractor participation, and quality of value engineering services.

Construction Phase Approach

The offeror’s approach to construction phase services including and not limited to safety, scheduling, cost control including contingency management, change order management and “open book accounting”.

Risk Management

The offeror should identify potential design and construction phase risks for this project, and what proactive measures the offeror will take to minimize the risks.

Staffing Plan

The offeror’s staffing plan should include a detailed description of how it intends to accomplish the requirements of the contract using in-house and sub-contracted resources. The staffing plan should include:

a. General description of the overall staffing that will be provided to successfully meet the requirements of the statement of work, including a breakdown/ratio of where the key personnel will perform their duties (home/field)

b. Organizational Chart and Line of Authority for both the design phase and construction phase;

c. Resumes for all proposed key personnel, at minimum key personnel includes;

1) Project Executive;

2) Project Manager;

3) Superintendent; and/or

4) Any other personnel the offeror considers to be “key” personnel

d. Resumes of key personnel should include (should not exceed 2 pages per resume);

1) Name;

2) Title/Position;

3) Employer;

4) Summary of Experience;

5) Responsibilities/Duties;

6) Experience on Relevant Projects, provide specific examples;

7) Licenses/Certifications;

8) Education; and/or

9) References

e. Description of how the contractor plans to recruit and retain personnel, particularly key personnel

f. Communication plan between home and field office personnel

No changes to specific personnel proposed for key positions may be made without the Government’s consent.

Key Subcontractors

The offeror shall provide a list of its key subcontractors for each discipline listed below that they intend on utilizing to perform the contract. This does not bind the offeror to hiring any or all of the proposed subcontractors. These subcontractors may be asked to attend value engineering sessions after award of the base contract. Provide a list of key subcontractors and no more than three projects they have performed considered relevant to this solicitation for the following disciplines;

1) Mechanical;

2) Electrical; and

3) Hazardous Material Abatement

4) Elevator

5) Millwork

The CMc shall utilize competition to its maximum extent practical for all subcontractors in accordance with FAR 52.244-5.

Interviews

The government may or may not hold interviews with the offerors. Any offeror the government invites* will be given the date, time, and place for its interview. All the offeror’s proposed key personnel must attend the interview. Offerors will be given the opportunity to respond to questions asked by members of the technical evaluation team.

The government will evaluate the quality and to what degree the responses demonstrate the key personnel’s knowledge, commitment, and understanding of the requirement. The interview questions may include topics such as content of in their written management approach, situational examples, professional experiences, project specifics, etc. Responses to follow-up questions may be requested. The interview will not constitute discussions as defined in FAR 15.306 (d). No price information shall be included in the presentation narrative or mentioned in the interview. *The government reserves the right to NOT interview any offeror whose proposal contains any factor rated “marginal” or “unacceptable” if the contractor is given the proper notice.

TAB E- Factor 5. Small Business Utilization (five-page limitation, includes all pages i.e. cover page, table of contents, tabs, etc.)

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

i. Offerors must include:

1) Proposed small business subcontracting goals for this procurement

2) Narrative describing your firm’s outreach program for small businesses

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

Note: In accordance with FAR 19.702(a)(1), the apparent successful offeror shall be required to submit an acceptable small business subcontracting plan prior to award.

Subcontracting plans are not required from small business concerns. Commitment to Small Business Concerns: GSA is committed to providing to the maximum extent practicable for these socio-economic businesses to receive federal contracting opportunities. This factor is designed to ensure that this GSA commitment is brought to the attention of the prospective offerors. This factor measures the extent to which the offeror will perform contract requirements utilizing small business concerns in the NAICS Code 236220. This portion of the proposal will be evaluated on the extent of planned participation of small business concerns in terms of the value of the total acquisition. Small Business Concerns may perform work with their own forces or subcontract work to other small businesses to demonstrate their commitment to small business. Offerors will also be evaluated on their proposed outreach efforts that will be taken to assure their commitment to small business.

TAB F- Project Labor Agreement (no page limitation, includes all pages i.e. cover page, table of contents, tabs, etc.)

Offerors are invited to submit a proposal in response to Solicitation Number 47PD0224R0048, which is subject to the mandatory use of a Project Labor Agreement.

As such, this solicitation includes FAR 52.222-33, Notice of Requirement for Project Labor Agreement, and an offeror must submit a fully executed PLA with its proposal.

FAR 52.222-33 Notice of Requirement for Project Labor Agreement (Jan 2024)

(a) Definitions. As used in this provision, the following terms are defined in clause 52.222–34, Project Labor Agreement, of this solicitation “construction,” “labor organization,” “large-scale construction project,” and “project labor agreement.”

(b) Offerors shall—

(1) Negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the resulting construction contract; and

(2) Require its subcontractors to become a party to the resulting project labor agreement.

(c) The project labor agreement reached pursuant to this provision shall—

(1) Bind the Offeror and subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow the Offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements. (d) Any project labor agreement reached pursuant to this provision does not change the terms of the resulting contract or provide for any price adjustment by the Government.

(e) The Offeror shall submit to the Contracting Officer a copy of the project labor agreement with its offer.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

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

Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301).

(2) Qualifications of Offerors [CO Instruction: Delete this paragraph if not used.] 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.

Insert this section (3) below when CAS does not apply (e.g., if a CAS exemption applies or if an individual CAS waiver has been granted). Otherwise, delete this section (3).]

(3) The Offeror must submit certification from a Certified Public Accountant (CPA) that the Offeror’s accounting system provides for the following:

● The accounting system is in accordance with GAAP.

● There is proper segregation of direct costs and indirect costs.

● There is proper identification and accumulation of direct costs by contract.

● There is a labor time distribution system that charges direct and indirect labor appropriately.

The GAAP Certification must be provided from the accountant directly to the Government within 10 days of submission of a proposal.

(3) The Offeror must submit all disclosures in accordance with FAR 52.230-1, Cost Accounting Standards Notice and Certifications and FAR 52.230-7, Proposal Disclosure

– Cost Accounting Practice Changes.

(4) Proprietary Information Agreement(s) https://www.sam.gov/

Offerors are advised that employees of firm(s) may require access to your firm’s proprietary information in performing advisory and assistance services for the Government under separate contract. These individuals will be authorized access only to such information that is necessary to enable them to perform their respective duties.

Such firm(s) are expressly prohibited from competing on the subject acquisition.

Pursuant to FAR Part 9.505-4(b), these firms must execute an agreement with each offeror that states that they will (1) protect the offerors’ information from unauthorized use or disclosure for as long as it remains proprietary and (2) refrain from using the information for any purpose other than that for which it was furnished.

To expedite the evaluation process, each offeror must contact the above-listed firm(s) to effect execution of such an agreement prior to the submission of proposals. Each offeror must submit copies of any such agreement(s) with their proposal.

II.F. Requirements of Joint Venture Offerors

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

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

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

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

III. General Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation

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

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

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

Refer to Clause FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

The Contract contemplated by this Solicitation provides for a Guaranteed Maximum Price (GMP) with CMc Contingency Allowance (CCA), and determines the contractor's compensation in a manner significantly different from a firm-fixed-price contract.

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 and payment bond as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR http://www.sba.gov/ http://www.sba.gov/

52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.H. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment

Completed CPARS evaluations may then be used by the Federal acquisition community for use in making source selection decisions. CPARS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

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

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

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

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

III.I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information http://www.cpars.gov/ http://www.cpars.gov/ https://www.cpars.gov/lc.htm

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

III.J INFORM

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

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

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

B. Detailed Description of the INFORM Process

B.1. Component 1 - Notification of Award

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

● All information required by statute or regulation;

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

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

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

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

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

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

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

● take no further action.

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

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

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

● Primary point of contact;

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

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

and

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

B.3. Component 3 - Oral Feedback Meeting

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

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

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

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

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

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

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

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

III.K. Mega Construction Project Program

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

When OFCCP designates a construction project as a Megaproject, OFCCP offers contractors and subcontractors extensive compliance assistance, conducts compliance evaluations, and fosters collaboration across the public and private sectors.