T10_Solicitation_47PE0719R0035_2019_07_17.pdf

GSA Solicitation No. 47PE0719R0035

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

THE SOLICITATION

Construction Contract for: Roof Cover Replacement

Charles Bennett Federal Building

Jacksonville, Florida

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)

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

552.219-74, Section 8(a) Direct Award (Florida contractors)

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for 8(a) Small Businesses with bona fide offices located within the state of Florida in accordance with the Partnership Agreement between the U.S. SBA and The GSA, and in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement.

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

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

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

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

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Standard Form (SF) 1442 (w/Wage Det/Bid Bond) – Solicitation Offer and Award

(4) The Agreement and Attachments to the Agreement

(5) The Statement of Work, Specifications, and Drawing Exhibits

I.C. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Lori Fischer

Address: 501 E. Polk Street, Suite 805, Tampa FL 33602

Telephone: 813-402-3850 (O) | 813-508-0885 (C)

Authorized Representative Information:

Email: lori.fischer@gsa.gov

Alternate POC Information

Name: Ric Sochor, Contract Specialist

Address: 501 E. Polk Street, Suite 805, Tampa FL 33602

Telephone: (813) 215-6989

Email:ric.sochor@gsa.gov

I.D. Pre-Proposal Conference See I.G. FAR 52.236-27 Site Visit – Construction (Feb 95)I

Date: 7/25/19

Time: 10:00 a.m.

Location: Charles Bennett Federal Building, 400 W Bay St, Jacksonville, FL 32202 Water St Parking Lot, Rear Entrance Security Station

I.E. Estimated Price Range Per FAR Part 36.204 entitled, “Disclosure of the Magnitude of Construction Projects”, the estimated price range for subject project is between $1,000,000 and $5,000,000.

I.F. FAR 52.228-1 Bid Guarantee (SEP 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds

(including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

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

mailto:lori.fischer@gsa.gov

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

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

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

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

(2) Site visits will be held at the following date and time: See I.D. Pre-Proposal Conference for date/time and meeting location.

For the purpose of this solicitation the pre-proposal conference and site visit are combined.

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than five (5) representatives from each Offeror. Offerors shall identify members of their respective team with full name and contact information. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. RSVP to the POC listed below and the contract specialist, ric.sochor@gsa.gov no later than 24 hrs prior to the scheduled site visit.

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

Name: Linda Segovia (Project Mgr/COR)

Address: Project Delivery Division | Capital Branch 77 Forsyth Street SW, Suite G40 | Atlanta, GA 30303

Telephone: (404) 215-8616 | Cell: (404) 631-7695

Email: linda.segovia@gsa.gov

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 5:00 pm local time on the following date and at the following address.

Date: 8/16/19 Address: 501 E. Polk Street, Suite 805, Tampa FL 33602 Note: Offerors are encouraged to transmit proposals electronically to the Contract Specialist and Contracting Officer by the due date/time.

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:ric.sochor@gsa.gov mailto:linda.segovia@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. Standard Form 24, Bid Bond

II.B. Proposal Format Offerors shall submit proposals in hardcopy or electronic format (preferred). Offerors electing to submit hardcopies shall include the original and one (1) copy.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442, with prices and/or rates indicated for each price element shown on the pricing form included in the price schedule of the SF 1442. 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

NA

II.D. Technical Proposal

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

TECHNICAL EVALUATION FACTORS AND STANDARDS

FACTOR 1 - EXPERIENCE and PAST PERFORMANCE @ 50%

FACTOR 2 - TEAM ORGANIZATION, KEY PERSONNEL AND MANAGEMENT PLAN @ 50%

Factors 1 & 2 are considered approximately equal to each other in importance.

All non-price technical evaluation factors when combined are approximately equal to price.

A. Definitions

Recency: Any completed relevant General Contractor construction contracts within seven (7) years of the issuance of the solicitation. No preference is given to work that is considered more recent. All projects within the 7 year time span are acceptable.

Similar or Relevant: “Similar” and “Relevant” are defined as General Contractor projects that involved repair and replacement of commercial roofing and waterproofing of building envelope.

Work shall have been completed on federal facilities or other similar commercial or institutional structures such as courthouses, hospital facilities, Class A office space, research laboratories, government-owned buildings, or major renovations of such similar projects, with a construction cost (size) of a minimum one (1) million dollars.

Successful: A successfully completed project is defined as a project that meets all the project’s requirements and was completed within budget and on schedule, notwithstanding changes via supplemental agreement or excusable delays.

Unacceptable Types of Work:

The following types of work are not acceptable examples of past performances and experience that can be applied to any of the minimum requirements of this project or past performance submission requirements:

1. Residential projects (e.g. housing, hotels, dormitories, etc.)

2. Retail Projects B. Technical Evaluation Factors

Factor 1. Experience and Past Performance 50%

This factor considers the extent of the Offeror’s past experience as a firm in providing similar construction services. You may provide experience and past performance of key subcontractors (if necessary) for roofing or waterproofing trades. Offerors shall make a distinction between self-performed and sub-contractor performed projects.

The Offeror shall submit successful experience as a General Construction (GC) Contractor or Prime Roofing Contractor responsible for the construction of three (3) “similarly complex” and recent projects substantially completed within the past seven (7) years. On-going projects must be 75% complete as of the date of this solicitation to be considered for evaluation. A similar project is further defined as a project of comparable nature, type, and complexity as defined by the following characteristics:

• Design-Build

• Projects submitted must demonstrate experience with modified bitumen roof cover systems for new installations or replacements at commercial or Federally owned or leased space with a roof of at least 25,000 SF

• Project was performed in an occupied and functioning building

• Project included requirements for noise control and site management

• The total project construction cost at award of the construction contract(s) was not less than $1.0M

• Site was located in a major metropolitan downtown area

• Project required close coordination with occupants/owners security regulations

• Project possessed similar challenges in staging materials and site access

• General Construction team and the proposed subcontracting firms (i.e., A&E, roofing, electrical, etc.,) have previously worked together on projects

If project experience includes more characteristics listed above it may be evaluated more favorably. If less than three projects are provided, experience may be evaluated less favorably, or be deemed unacceptable.

Submission Requirements:

For each project presented in relation to this factor, the Offeror shall explain how the characteristics of the project relate to the characteristics of the subject project opportunity and how you will approach its completion. The detailed description for each project presented should include, as a minimum, the following information:

• Project title and location

• Project delivery method

• Provide a brief description for the scope of the project.

• Construction value and the value of major construction disciplines in this project.

• Date of contract start and completion. If the project is in progress, please show estimated completion percentages and projected completion date.

• Percentage of work self-performed by the prime contractor.

• List of subcontracted services and subcontractors used

• Name, title, address, phone number, and email of the building’s owner or a representative of the owner who can attest to the quality of services provided. It is incumbent on the Contractor to ensure this information is current and accurate. If such a person is no longer available at the organization, please provide the name, email address, and phone number of the person who has the most knowledge of the Contractor’s performance on the project

In addition, for each project presented, the Offeror shall submit a Past Performance/Experience Reference Questionnaire (provided as a solicitation attachment). If the questionnaire contains the information above it does not need to be listed separately. Provide a minimum of (1) reference from the project owner staff able to confirm past performance on all submitted projects.

This factor will evaluate the firm’s experience and past performance demonstrated by the submitted projects.

Standard for Evaluation:

Project Experience: The Offeror’s Team shall provide project experience that is relevant to this project and demonstrates a capability to perform projects substantially completed within the last 7 years of at least one million dollars

Past Performance: The Offeror must demonstrate three (3) projects meeting the criteria as defined for “similar/relevant” with a record of successful past performance.

Past experience and performance information may be sourced from any combination of the offeror’s submitted project references, or government past performance databases. Any available past experience and performance information may be compiled and considered for evaluation purposes.

Unacceptable performance: Past performance derived and validated from any source that includes derogatory information including, but not limited to, terminations for default/cause, defective pricing, non-responsibility determinations, or sub-contractor payment issues, may be grounds to exclude the offeror from award consideration. If derogatory information is received, the offeror may be afforded the opportunity to provide an explanation of the circumstances and disposition of any resulting actions.

Factor 2. Team Organization, Key Personnel and Management Plan - 50% This factor considers the contractor’s team organization and key personnel proposed for this project.

The Offeror must propose a team organization with suitable subcontractors and consultants necessary to perform the work of this project. It is preferable, but not required, if the key personnel proposed for this project have a working relationship from prior projects together.

The Offeror must provide a qualified project team to perform this project.

Key Personnel (Construction Contract Team)

● Project Manager (KP)

● Construction Superintendent (KP)

● Roofing Foreman (KP)

● Building Envelope Forensics and Testing Specialist (KP)

Key Personnel (A&E Design Firm)

• Primary and essential architect engineer team members

SUBMISSION REQUIREMENTS:

The Offeror shall submit information to demonstrate an effective team organization with all necessary resources, management approach and qualified key personnel listed to demonstrate potential for successful completion of this project. The proposed Project Team Organization, Management Plan and Key Personnel that are considered superior with regard to quality, experience, past working relationships, or capabilities will receive a more favorable evaluation.

The following items shall be submitted for this factor:

• Narrative Description of Offeror’s Project Team and Key Personnel (KP) - one page max;

• Team Organization Chart - identifying subcontractors and KPs, show reporting relationships;

• Resume for EACH Key Personnel;

• Management Plan – provide narrative (2 pages max.) to identify contractor’s approach to overcome challenges specific to what you might expect in performing modified bitumen roofing. The management plan should be inclusive of draft safety plan and methodology and quality control methodology related to quality control system, methods for identifying, correcting, and preventing defects in the completed modified bitumen roof cover system(s). Please identify your firm’s risk (i.e., weather protection for rain events) and quality control management.

STANDARD FOR EVALUATION:

Team Organization – The Offeror’s project team shall have all necessary technical resources to perform project scope. The organization chart shall graphically demonstrate the team structure and reporting responsibilities.

Key Personnel – Key Personnel (KP) shall have a minimum of (5) five years of qualified experience in the same role as proposed on this project. The resume shall support the KP’s qualifications and experience.

Management Plan – Plan shall describe specific approach for managing risk and quality for the critical points of installation for roofing and envelope repairs to assure delivery of a high performing, water-tight building envelope (for items specified in this SOW only) that meets all design criteria and warranty requirements for its intended life span.

ORAL PRESENTATION/INTERVIEWS

The Contracting Officer may require interviews of the Key Personnel to respond to questions from the Government regarding their qualifications. The interview will be used to confirm the information provided and gauge the suitability and fitness of the candidate If discussions are conducted and interviews are deemed necessary by the contracting officer, the offerors will be notified. The interviews will be evaluated as part of Factor 2.

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-SAT).

https://www.sam.gov/

II.F. Requirements of Joint Venture Offerors

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

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

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

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

III. General Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation

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

http://www.sba.gov/

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

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

III.F. Notice Concerning Preparation of Proposals

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.

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

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

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

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

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

III.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.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)

(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

21.8% 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.

(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: Jacksonville, Duval County, Florida.

IV.F. 52.225-9 -- Buy American–Construction Materials (May 2014)

(a) Definitions. As used in this clause-- “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

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

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause)

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.

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

(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.

(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 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 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 or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

Federal Acquisition Regulation

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)

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

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 http://www.acquisition.gov/comp/far/index.html 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)…