02.__DB_201_Final.pdf

Solicitation 47PD0319R0020

Document: DB201A-SB/APRIL 2019 (The Solicitation)

Constructions Contract for: East Field Office Large Term IDIQ for Pennsylvania:

Counties of Philadelphia, Delaware, Chester, Montgomery and Bucks; New Jersey: All counties excluding Bergen, Passaic, Morris, Essex, Hudson, Monmouth, Middlesex and Union; and Delaware: Entire State

The Solicitation

(The Solicitation)

Table of Contents

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

II. Proposals A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to 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 Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR 101-29 B. FAR 52.211-3, Availability of Specifications Not Listed in the GSA Index of

Federal Specifications, Standards and Commercial Items Description C. FAR 52.216-1 Type Of Contract D. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work E. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction F. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials G. Buy American Exceptions H. FAR 52.233-2 Service of Protest I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. GSAR 552.102 Incorporating Provisions and Clauses by Reference K. Additional Provisions

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

(ii) GSAR 552.236-75, Evaluation Exclusive of Options (Mar 2019)

(iii) GSAR 552.236-76 Basis of Award - Sealed Bidding Construction (Mar 2019)

(The Solicitation)

(iv) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019)

L. Certified Cost or Pricing Data V. Instructions to Offerors and Clauses

A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.219-14 Limitations on Subcontracting C. FAR 52.219-18 Notice of Competition Limited to 8(a) Eligible Participants D. FAR 52.223-21, FOAMS (Jun 2016) E. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 F. Security Requirements G. Additional Clauses

(i). GSAR Clause 552.211-10 Commencement, Prosecution and Completion of Work (Mar 2019) (ii). GSAR Clause 552.211-12, Liquidated Damages-Construction (Mar 2019) (iii). GSAR Clause 552.211-13, Time Extensions (Mar 2019) (iv). GSAR Clause 552.211-70, Substantial Completion (Mar 2019) (v). GSAR Clause 552.232-5, Payment Under Fixed Price Construction Contracts (Mar 2019) (vi). GSAR Clause 552.236-6, Superintendence by the Contractor (Mar 2019) (vii). GSAR Clause 552.236-11, Use and Possession Prior to Completion (Mar 2019) (viii). GSAR Clause 552.236-15, Schedules for Construction Contracts (Mar 2019) (ix). GSAR Clause 552.236-21, Specifications and Drawings for Construction (Mar 2019) (x). GSAR Clause 552.236-70, Authorities and Limitations (Mar 2019) (xi). GSAR Clause 552.236-71, Contractor Responsibilities (Mar 2019) (xii). GSAR Clause 552.236-72, Submittals (Mar 2019) (xiii). GSAR Clause 552.236-73, Subcontracts (Apr 1984) (xiv). GSAR Clause 552.243-71, Equitable Adjustments(Mar 2019)

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 Ventures

(The Solicitation)

Solicitation 47PD0319R0020 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

I. General Information

Authorized Representative Information:

Contracting Officer’s Information

Name: Daniel Langan Address: 100 S. Independence Mall West, Philadelphia, PA 19106

I.A. The Solicitation and Contract

(1) The requirement of this procurement is for the award of up to six (6) Indefinite Delivery/

Indefinite Quantity (IDIQ) contracts. A minimum of three (3) contracts will be awarded, however the Government has the discretion to make award to a maximum of six (6) firms.

(2) This Solicitation is set-aside for Small Businesses (with one (1) contract reserved for an

8(a) firm and one (1) contract reserved for a Service Disable Veteran Owned Small Business (SDVOSB), in accordance with FAR 19. The Government will only meet this concern if a proposal is received from a Service Disabled Veteran Owned Small Business and/or an 8(a) business if the firms are responsive, responsible and received an overall technical score of "Acceptable" or greater and represents a fair and reasonable price. If it is determined that no SDVOSB and/or 8(a) offeror proposes an acceptable proposal at a fair and reasonable price, a SDVOSB and/or 8(a) firm will not be recommended for an award and the government is no longer bound to make an award to this concern. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement.

Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

(3) 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.

(4) 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.

(5) List of Solicitation Documents The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement and Attachments to the Agreement

(5) Large Term IDIQ Current Line Item List and Line Items Bid Sheet

(6) Large Term Contract Specifications

(6) Authorized Representatives The following individuals are designated as the authorized GSA representatives under this Solicitation:

(The Solicitation)

Authorized Representative Information:

Telephone: 251-446-4690

Email: daniel.langan@gsa.gov

Alternate POC Information

Name Sam Bohne:

Address: 100 S. Independence Mall West, Philadelphia, PA 19106

Telephone: 267-251-1364

Email: samantha.bohne@gsa.gov

I.D. Pre-Proposal Conference A Pre-Proporosal Conference will be held at the following time and place.

Date: June 04, 2019

Time: 10 a.m.

Location: William J. Green Jr. Fedral Building, Room # 7A, 600 Arch Street, Philadelphia, PA

I.E. Estimated Price Range The individual orders to be placed under the contracts will range in value from $30,000 to $3,000,000;

however, there may be individual orders with lower or higher costs placed against this contract. The contract duration will be one (1) base year with four (4) one-year options. The aggregate maximum ordering limitation (MOL) is $75,000,000.00 for the entire duration of the contract. In other words, there is no single MOL per contractor nor a single MOL per year, other than the MOL of the entire contract.

I.F. FAR 52.228-1 Bid Guarantee (SEP 96) **May be required on a task order basis

(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.

(The Solicitation)

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

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

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

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

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

(2) Site visits will be conducted on a task order basis.

I.H. Receipt of Offers

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

Date: 5 p.m. Eastern, Thursday, June 20, 2019 Email Address: Samantha.bohne@gsa.gov and Daniel.langan@gsa.gov

(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. Bonding Capacity Letter

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

6. Other Documents as Required

II.B. Proposal Format http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

(The Solicitation)

Submit one electronic copy of the Price Proposal and the Technical Proposal. Proposals can be emailed or mailed as a flash drive. Please do not send hardcopy or CD-Rom copies of your proposal. The price Proposal must be submitted in a separate file from the Technical Proposal.

Special Pricing Conditions for IDIQ Contracts:

1. PRICE PROPOSALS: Each Offeror must submit a Cost Structure as listed in the Continuation Sheet to the Standard Form 1442 and must completely provide all information as requested on this document. The rates offered by the contractor may be negotiated during the source selection process. If awarded a contract under this solicitation, the negotiated rates will be accepted by the government as NOT TO EXCEED RATES to be used in pricing future projects/modifications for the contract. The rates requested are intended for use in situations where the Government and awardee are conducting sole source negotiations for the price of project work. Sole source negotiations may occur when pricing modifications to an awarded order, or when the Government uses the authority to enter into sole source negotiations for a new order as detailed in Paragraph titled “Method of Placement of Orders Under Multiple Award Contracts” in the Agreement. The intent of this contract is to compete RFP's for each project among the awardees, and in situations where adequate price competition is available, the Government will generally not request a price breakdown. Rather, GSA envisions that most project proposals will be submitted on a lump sum basis and the offerors shall include all mark-ups related to that project and all proposed preparation costs within that lump sum price. While some circumstances may arise in which a price breakdown is required for a specific RFP, it is the Government's intent to use the not-to exceed mark-up rates requested only in situations where GSA and the offeror/awardee are negotiating a price in a sole source environment.

For award purposes, the proposed cost structure as requested in the RFP will be evaluated based on a comparison of the proposed total cost structure for each of the elements listed with similar rates paid by GSA on previous projects. Cost analysis will be performed on the proposed rates that will be used in determining reasonableness and probable cost of future projects, and the offeror's understanding of the work and ability to perform the contract.

2. BID GUARANTEES AND PERFORMANCE BONDS

a. Task Orders may require the submission of a bid guarantee. The bid guarantee shall be twenty (20) percent of the total evaluated price of the task order.

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

(1) Orders less than or equal to $35,000: No additional protection required

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

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

(The Solicitation)

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

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.

(3) Additional Proposal Requirements

N/A

II.D. Technical Proposal

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

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

(a) Factor 1 – Prior Experience on Relevant Projects 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 prior experience in performing the range of projects similar in size, scope and complexity to those described in the solicitation.

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

● Construction projects in occupied buildings between $30,000 and $3million (one of which shall be between $30,000-250,000)

● General office renovations

● Repair and alteration work

● Mechanical and electrical modernization

● Roof repair and installation

● Exterior renovation

● Waterproofing

● Design/Build services

● Performed in Pennsylvania, Delaware and/or New Jersey

Relevant projects may have been on governmental (federal, state, or local) or private sector contracts. Experience on similar projects for the Federal Government is considered an asset.

While the Government is looking for prior experience by the prime contractor or joint venture, the Government may consider relevant experience by affiliated companies, key personnel and subcontractors.

(The Solicitation)

The offeror is requested to submit a detailed descriptive listing of a maximum of three (3) projects performed within the past six (6) years that are similar in nature to the anticipated type of work to be performed under this contract, as described in this solicitation. If more than three (3) projects are submitted, only the first three (3) will be evaluated. More recent performance may be deemed to have greater importance than less recent performance. To be considered, a submitted project must have reached the stage of substantial completion, or if submitting information for current projects, the project must be at least 50% complete by time of the closing date of this solicitation in order for those projects to be evaluated as part of the offeror’s relevant prior experience.

Note: For purposes of evaluation, a “project” is a discrete project, and is not an Indefinite Delivery Indefinite Quantity (IDIQ) contract, blanket purchase agreement, other type of master contract or a list of more than one discrete project. However, if the “project” was performed under an IDIQ, blanket purchase agreement or other type of master contract, this should be identified, and may be considered to be an asset.

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 is contract performance, the total number of projects submitted is limited as stated above. (The offeror may submit no more than three (3) projects for the prime contractor team as a whole.)

“Similar” is defined as projects comparable to those described in the solicitation in terms of size, scope and complexity. The offeror is required to submit sufficient information to allow the Government to assess the level of relevance of the project.

For each project, offerors should submit, at a minimum, the information identified on the document included in the solicitation as Attachment 1, Prior Experience on Relevant Projects – Offeror Worksheet.

(b) Factor 2 - Past Performance on Relevant Projects

a. 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.

b. The relevance of the projects submitted will be an additional consideration under this factor.

c. 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 Contracts. 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 Samantha.bohne@gsa.gov and daniel.langan@gsa.gov prior to proposal closing date. Offerors may resubmit questionnaires previously submitted with other

(The Solicitation) 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.

e. 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.

f. The Government has no obligation to ensure that an equal number of references are obtained for each offeror.

(c) Factor 3 - Management Plan This factor considers the overall capability of the offeror to manage the work required on this proposed IDIQ contract. It should detail the Contractor's overall approach and commitment to accomplishing the objectives of this requirement. Below are specific items which must be completely addressed by the offeror in the proposed Management Plan.

Offerors must, in narrative form, describe their methodology for managing the IDIQ contract.

Specifically, they must provide a detailed description of the plan/approach, demonstrating sound means and methods, to ensure organizational management for the processing of task orders to provide timely quality service without disruption to tenants in occupied buildings. Offerors are also required to affirm their ability and willingness to handle multiple projects, of varying size, complexity, and geographical location simultaneously.

Note: The Government does not expect, nor desire, offerors to submit a management plan which describes an offeror’s approach to managing a single construction project. The intent of this factor is to understand the offeror’s approach in managing the overall IDIQ contract, and the wide-range projects anticipated, both in dollar value and complexity.

Offerors must also describe their experience with, and approach to, working in the Pennsylvania/Delaware/New Jersey market. Offerors must describe their plan to obtaining responsible, quality subcontractors to ensure project success.

Offerors must also identify, and provide a resume for, a primary contract manager. The primary Contract Manager shall be a central point of contact, tasked with serving as an overall manager of ongoing projects responsible to GSA for scheduling/coordinating all project and contract deliverables. The primary Contract Manager should be an individual with administrative oversight responsibilities and can be either based in the firm’s home office or onsite.

(The Solicitation)

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

(d) Project Bonding Capacity

This is a go/no-go factor to assess the offeror’s ability to provide an offer guarantee and performance and payment bonds sufficient to cover the maximum estimated value of a single project under this IDIQ contract. For this procurement, the minimum amount to be covered by the bonding is $3 million. Failure to provide evidence of adequate bonding capacity will render the proposal unacceptable and will not be further evaluated.

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

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

II.F. Requirements of Joint Venture Offerors https://www.sam.gov/

(The Solicitation)

(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 http://www.sba.gov/

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

III.F. Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all 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 Contractor Performance Assessment Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

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

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

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

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

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 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 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 98)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item

Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

IV.B. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988)

(Applicable to solicitations that cite specifications not listed in the Index and are not furnished with the solicitation)

(a) The specifications cited in this solicitation may be obtained from: GSA Specifications Unit at (202) 755-0325. MIL Specifications may be obtained by calling (215) 697-2179.

(b) The request should identify the solicitation number and the specification required by date, title, and number as cited in the solicitation.

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

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

(MAY 14)

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

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

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

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

IV.E. 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 Participation Goals ]

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

See https://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf for percentage of each county

6.9%

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

http://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf https://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is: Pennsylvania: Counties of Philadelphia, Delaware, Chester, Montgomery and Bucks;

New Jersey: All counties excluding Bergen, Passaic, Morris, Essex, Hudson, Monmouth, Middlesex and Union; and Delaware: Entire State

IV.F. FAR 52.225-10 Notice of Buy American Requirement—Construction Materials.

(MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273

(The Solicitation)

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

IV.G. Buy American Exceptions

For Buy American exceptions, if any, see the applicable Buy American clause in Section IV of the Agreement

IV.H. 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.I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

Federal Acquisition Regulation https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://www.acquisition.gov/comp/far/index.html

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English

Language

APR 91

52.215-16 Facilities Capital Cost of Money JUN 03 52.236-28 Preparation of Proposals - Construction OCT 97

IV.J. GSAR Clause 552.102 Incorporating Provisions and Clauses

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

IV.K. Additional Provisions

(i) GSAR 552.236-74, Evaluation of Options (Mar 2019) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

(ii) GSAR 552.236-75, Evaluation Exclusive of Options (Mar 2019) The Government will evaluate offers for award purposes by including only the price for the basic requirement. Options will not be included in the evaluation for award purposes.

(iii) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019)

(a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within _30 Days of contract expiration. Unless otherwise specified, options may be exercised within 90 calendar days of contract award.

(b) If the Government exercises the option, the contract shall be considered to include this option clause.

(End of clause)

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

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

(v) FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

This includes FAR 52.217-8, Option to Extend Services. Evaluation of FAR 52.217-8 will be accomplished by using the prices offered for the last 6 months of the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).

V. Instructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (Jan 2017)

(a) Definitions. As used in this provision.

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

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

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

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

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

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

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

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

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

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

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

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

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