TheSolicitationCharlotteCMcSolicitation47PE0317R0009_CMc201.pdf

GSA Solicitation No. 47PE0317R0009

Construction Manager as Constructor (CMc) Contract for New United States Courthouse Annex and Alteration of the Charles R. Jonas United States Courthouse, located in Charlotte NC

The Solicitation

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

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

Notice of Apprenticeship Programs

GSA is promoting the use of registered apprenticeship programs on this project. An Apprenticeship Plan is required after the award.

Notice of Equal Employment Opportunity (EEO) Compliance Plan

GSA has partnered with the Department of Labor to ensure compliance with equal employment opportunity requirements that apply to this project. An EEO Compliance Plan is required after the award.

Document: CMc201 / DEC 2016 (The Solicitation) Pages 1 of 35

Table of Contents

I. General Information

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

II. Proposals

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

III. General Provisions

A. Availability of Funds B. Requests for Clarification and Interpretation C. Notice to Small 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 J. Additional Security Requirements

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

Employment Opportunity for Construction E. FAR 52.222.62 Paid Sick Leave Under Executive Order 13706 F. FAR 52.233-2 Service of Protest G. Buy American H. Buy American Exceptions I. Small Business Subcontracting Plan J. Project Labor Agreement

(The Solicitation) Pages 2 of 35

K. GSAR 552.252-5 Authorized Deviations in Provisions L. FAR 52.252-1 Solicitation Provisions Incorporated by Reference M. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Additional Solicitation Provisions, Clauses and Instructions

A. Additional Provisions B. Certified Cost or Pricing Data C. Additional Clauses D. FAR 52.222-62 Paid Sick Leave

VI. Method of Award

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

(The Solicitation) Pages 3 of 35

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to provide Design Phase Services and the option(s) for Construction Services at a Guaranteed Maximum Price (GMP Option) for constructing 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.

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer for the design phase services and construction of the Project. 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

(5) The Agreement and Attachments to the Agreement

(6) Davis Bacon Act Wage Determination General Decision Number: NC170037

02/17/2017 NC37

(7) GSA Form 527: Contractor’s Qualifications and Financial Information

(8) Statement of Work

(9)Division 1 Specifications (for reference)

(10) BIM Model in revit version 17

(11) A/E Design Narrative

(12) Draft Baseline Project Schedule

I.C. Authorized Representatives

(The Solicitation) Pages 4 of 35

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

Contracting Officer Name: Cathal Duffy

Telephone: 407-536-8845

Email: Cathal.Duffy@gsa.gov

I.D. Pre-Proposal Conference

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

Date: November 2nd, 2017 Time: 9am EST

Location: Charlotte, North Carolina

(2) Interested parties must complete and submit the following registration form:

https://goo.gl/forms/0zVYUz45PHc1eZ1G3 (Click on or copy and paste link into your web browser) to register for the Pre-Proposal conference. The Contracting Officer will provide further information about attendance and confirm location details via e-mail 7 days in advance of the pre-proposal conference. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

Immediately following the Pre-Proposal conference will be a site visit and tour of the Charles R.

Jonas Federal Courthouse. See additional information below in para I.F.

At 1pm on November 2nd, GSA will host a Small Business Networking session at the Charles R.

Jonas Federal Building in order to match prospective small business subcontractors with potential Offerors to assist the Offeror’s in exceeding the Small Business Subcontracting Goals.

Potential Offerors are highly encouraged to attend and meet qualified small business partners.

Additional details will be provided via e-mail from the Contracting Officer

I.E. Magnitude of Construction, Construction Contingency Allowance, and Shared Savings

(1) The estimated price range for the Project is between $119M and $129M.

(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.

(The Solicitation) Pages 5 of 35 mailto:Cathal.Duffy@gsa.gov https://goo.gl/forms/0zVYUz45PHc1eZ1G3

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

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

(2) The Pre-Proposal Conference on November 2nd, 2017 will include a site visit and tour of the Charles R. Jonas Federal Courthouse. Pre-registration (via the Pre-Proposal Conference registration form) is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will provided via e-mail from the Contracting Officer.

I.G. Receipt of Offers

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 on the following date and at the following address:

Date: 11/17/2017 Address: Submit electronically via e-mail to cathal.duffy@gsa.gov .

II. Proposals

II.A. Proposal Contents

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

(1) Price Proposal

(2) Technical Proposal

(3) Representations and Certification

(4) Subcontracting Plan

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

(6) Bonding capacity confirmation from surety

(The Solicitation) Pages 6 of 35 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 mailto:cathal.duffy@gsa.gov

II.B. Proposal Format Submit proposal electronically via e-mail to cathal.duffy@gsa.gov as two separate PDF attachments, one PDF for price proposal, and one PDF for Technical Proposal. Technical proposal must not exceed 30 pages of content (i.e. 15 sheets of paper, double sided, if it were printed) exclusive of cover page(s) and table of contents. Text must be 10 point or greater font.

Certs & Reps, GSA form 527, subcontracting plan, and any other Government document required, does not count towards technical proposal page limit. Each Attachment should be labeled as either Technical Proposal or Price Proposal as appropriate. The submission e-mail address has the capacity to receive attachments up to 20MB, which should be sufficient. If your files are larger than 20MB, you may need to send in multiple e-mails. In either case, the Contracting Officer will confirm receipt.

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 for design phase services 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) Project Labor Agreement

Offerors may submit a price proposal subject to the Project Labor Agreement (PLA) requirements set forth in this solicitation (a PLA proposal), a price proposal not subject to the PLA requirements set forth in this solicitation, or both. Any price proposal submitted shall clearly identify whether it is subject to such PLA requirements.

(4) Additional Price Proposal Requirements

Offeror shall complete and submit the “Charlotte CMc Price Proposal Worksheet” as part of their price proposal.

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 includes a written submission and an oral presentation.

The technical evaluation factors are as follows:

Document: CMc201 / DEC 2016 (The Solicitation) Pages 7 of 35

Factor 1: Past Performance Factor 2: Experience Factor 3: Management Approach Factor 4: Project Labor Agreement

In an effort to streamline this solicitation Offerors will augment written technical submissions with Oral Presentations IAW FAR 15.102. The combination of the written technical submission and the oral presentation will constitute the offeror's technical proposal. The Government has intentionally restricted the number of pages an Offeror may include in their written technical submission. It is the Government’s intent that Offerors use the written submission to provide an outline of their responses to the technical factors, and then augment in greater detail with the Oral Presentation. Specific guidance on what should be included in the written submission and the oral presentation is included in para VI.F of this solicitation.

The Government anticipates holding the Oral Presentations in Atlanta, Georgia the week of December 4th, 2017. Offerors will be assigned a time at random and will be advised of their timeslot via e-mail at least 14 days prior to their scheduled presentation.

Oral Presentation Parameters:

The Presentation is limited to 45 minutes, followed by a 30 minute Question & Answer period.

Offerors may have up to 5 individuals as part of their presentation team. While it is up to the Offeror to determine which individuals from their team to include, the Government is most interested in hearing directly from individuals that will be heavily involved in this project in the event of a contract award.

Presentation should focus specifically on Technical Evaluation Factors 1, 2, and 3.

No pricing information may be shared during Oral Presentations and Oral Presentations will not constitute “Discussions” as defined in FAR 15.306(d).

An electronic copy of any presentation material must be provided to the Contracting Officer on a USB flash drive at the start of your presentation.

For planning purposes, If an offeror chooses to provide a paper handout of any presentation material, provide 6 copies.

Evaluation factors 1-3 are equal in importance. For Factor 4, a proposal submitted with a PLA receives 10% credit, a proposal submitted without receives no credit.

For Factors 1 and 2, “Similar & Relevant” are defined as new construction or renovation of secure, multi-story (3 story minumum) new construction, renovation, or both, that exceeds 100,000 Gross Square Feet, and a construction cost exceeding $75M. Projects that are at least 75% complete on the date written proposals are due for this solicitation, may be considered complete for the purposes of this evaluation.

Examples of similar projects include but are not limited to, new construction and/or renovation of local, state, or federal courthouses, hospitals, secure office buildings, and public safety

(The Solicitation) Pages 8 of 35 buildings. Projects in which the primary function is to serve as a residence such as condominium complexes, apartment complexes, dormitories, or hotels, projects in which the primary function is retail, such as shopping malls, big box stores, and strip malls, and projects in which the primary function is athletic, such as sports stadiums, arenas, and exercise facilities will not be considered similar for the purposes of this evaluation.

(1) Past Performance

Provide a minimum of two, and no more than five examples of most recent completed projects with a contract price greater than $75M that demonstrate successful past performance on CMc-type contracts or on contracts that use a GMP. Provide the following information for each example: project description, including program, square footage, site acreage, project schedule, and scope of Design and Construction services; project owner and reference contact information; GMP or budget at award; and GMP at the construction start and final contract value after adjustments, indicate whether liquidated damages were assessed against the Offeror due to late completion.

(2) Experience

Provide a minimum of two, and no more than five, successful GMP project examples that demonstrate experience in delivering Design and Construction Phase services using “open book accounting” that have been completed within the last six years that are similar in size, scope, complexity and/or context to this solicitation. Provide the following information for each example: project description, including program, square footage, site acreage, project schedule, safety record, and scope of Design and Construction services; project owner and reference contact information; GMP or budget at award; and GMP at the construction start and final contract value after adjustments, indicate whether liquidated damages were assessed against the Offeror due to late completion. Provide contact references for verification.

(3) Management Approach

Provide a description of your approach to Design Phase services and Construction Phase work for this project. The description must address the following:

● The Offeror’s approach to Design Phase services including, but not limited to, schedule development, cost-estimating and cost-reconciliation services, address subcontractor participation, and quality of value engineering services.

● The Offeror’s approach to Construction services including, but not limited to, scheduling, cost control including contingency management, change order management, and “open book accounting”.

(4) Project Labor Agreement

(The Solicitation) Pages 9 of 35

A proposal submitted subject to the PLA requirements set forth in this solicitation will receive full credit under this evaluation factor. A proposal submitted not subject to such PLA requirements will receive no credit under this evaluation factor.

II.E. Other Information to be Submitted with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management accessed via https://www.sam.gov.

Offerors shall also submit with their proposal the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (CMc301).

(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.

(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 via e-mail to cathal.duffy@gsa.gov within 10 days of submission of a proposal.

II.F. Requirements for Joint Venture Offerors

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

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

Document: CMc201 / DEC 2016 (The Solicitation) Pages 10 of 35 https://www.sam.gov/

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

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

III. General Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered within 7 calendar days. Therefore, prospective Offerors should make such requests not less than 10 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 Document: CMc201 / DEC 2016 (The Solicitation) Pages 11 of 35 http://www.sba.gov/ requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

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

A bid guarantee will be required 90 days prior to the exercise of the Construction Option. The option award will require a performance and payment bonds as specified in the Agreement.

Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.H. Contractor Performance Information

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

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

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

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

(4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting

Document: CMc201 / DEC 2016 (The Solicitation) Pages 12 of 35 http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm 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 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 set forth in Section III.A. of the Agreement (Administrative Matters) as a condition of receipt of such information.

III.J. Additional Security Requirements

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

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

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

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

(5) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems, Jun 2016.

IV. FAR/GSAR Solicitation Provisions

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

(OCT 97)

(a) Definitions. As used in this provision—

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

(The Solicitation) Pages 13 of 35

“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.

(The Solicitation) Pages 14 of 35

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

(The Solicitation) Pages 15 of 35

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

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

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

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

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

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

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

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

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

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

(f) Contract award.

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

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

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

(The Solicitation) Pages 16 of 35

(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

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

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

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

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

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

(The Solicitation) Pages 17 of 35

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

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

The Government contemplates award of a Construction Manager as Constructor (CMc) Guaranteed Maximum Price with Construction Contingency Allowance and Shared Savings contract resulting from this solicitation.

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

(JUL 05)

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

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

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

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

IV.D. FAR 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) (Applicable to solicitations resulting in construction contracts in excess of $10,000.)

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

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

18.5 %.

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the

(The Solicitation) Pages 18 of 35 geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is:

City of Charlotte, Mechklenburg County, North Carolina.

IV.E. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 17)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)– “Child”, “domestic partner”, and “domestic violence” have the meaning given in 29 CFR 13.2.

“Employee”–

(1)(i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8), Document: CMc201 / DEC 2016 (The Solicitation) Pages 19 of 35 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions,

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)(i) An employee performs “on” a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs “in connection with” a contract if the employee’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

“Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” has the meaning given in 29 CFR 13.2.

“Multiemployer” plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

“Paid sick leave” means compensated absence from employment that is required by E.O.

13706 and 29 CFR part 13.

“Parent”, “sexual assault”, “spouse”, and “stalking” have the meaning given in 29 CFR 13.2.

“United States” means the 50 States and the District of Columbia.

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall–

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part

13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and

13.6, which are incorporated by reference in this contract;

(The Solicitation) Pages 20 of 35

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O.

13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O.

13706, 29 CFR part 13, or this clause, including–

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(The Solicitation) Pages 21 of 35

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee’s occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours…