RFP 47PF0019R0002 Construction Solicitations - Full and Open CMc Solicitation.pdf

GSA Solicitation No. RFP 47PF0019R0002

Document: CMc201//DEC 2017 (The Solicitation)

Construction Manager as Constructor (CMc) Contract for:

6th Floor Consolidation & Restack Ph.2 Harold Washington Social Security Center 600 W. Madison, Chicago, IL

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. Magnitude of Construction, 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 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 52.216-1 Type Of Contract B. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

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

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 C. FAR 52.244-5 Competition in Subcontracting D. Security Requirements E. CMc Clauses - FAR & GSAM Deviation CD 2019-02

F. Accounting Clause – FAR & GSAM Deviation CD 2019-02 G. Additional Clauses

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

I. General Information

I.A. The Solicitation and Contract

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

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

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

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

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Other Forms Required For Submission with Proposals

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

(5) The Agreement and Attachments to the Agreement

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

(7) Standard Form 24 – Bid Bond

(8) Past Performance Reference Sheets

(9) Pre-Proposal ]Conference Registration Sheet

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: Anna Vanko

Address: 200 N High St, Room 607, Columbus, OH 43215

Telephone: 614-469-2791

Authorized Representative Information:

Email: anna.vanko@gsa.gov

Alternate POC Information

Name: David Mazzolini

Address: 230 S. Dearborn St, Suite 3500, Chicago, IL 60604

Telephone: 312-485-4032

Email: anna.vanko@gsa.gov

I.D. Pre-Proposal Conference

Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. It is highly encouraged for interested parties to attend the pre-proposal conference, as this may be the only time available to see the site and site conditions. 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.

Date: December 13, 2018

Time: 10:00am Central Time

Location: Harold Washington Social Security Center, 600 W Madison St, Chicago, 60661

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

Savings

(1) The estimated price range for the Project is between $10,000,000 and $20,000,000

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) A Site visit will be held at the following dates and times:

Date: December 13, 2018

Time: 10:00am Central 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

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than three (3) representatives from each Offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team.

Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below.

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

Name: Sharon Young

Address: 600 W. Madison St

Chicago, IL 60661

Email: Sharon.A.Young@ssa.gov

I.G. Receipt of Offers

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

Date: January 7, 2019

Address: Anna Vanko, 230 S. Dearborn Street, Suite 3500, Chicago, IL 60604

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

5. Standard Form 24 – Bid Bond

6. Past Performance Reference Sheet

II.B. Proposal Format

Five (5) hard copies and one (1) electronic copy of the proposals shall be submitted. Price and technical proposals shall be included separately. The electronic submission shall be submitted on a USB Drive as a PDF with price and technical proposals in separate files.

II.C. Price Proposal

(1) Contents

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

(2) Qualifications, Exclusions and Conditions

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

II.D. Technical Proposal

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

EVALUATION CRITERIA ELEMENTS - WEIGHTED POINTS

1. Past Performance in providing Design Phase Services and Construction Phase

Services on similar projects…………………………………………………………

2. Experience in providing Design and Construction

Phase Services on similar projects …………………………………………….. 30

3. Management Approach …………………………………………………………. 25

4. Qualifications and Experience of Key Personnel ……………………………... 25

Total Points = 100

(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 $10,000,000.00; the examples are to be from the projects submitted for Factor 2, Past Experience, 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.

The Government intends to contact those individuals who are provided as references by the Offeror to verify that the services provided comply with the similarity requirements of this RFP and to solicit an assessment of the quality of those services provided through a Past

Performance Questionnaire. FAR 15.305(a)(2)(iv) states, "In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance."

Therefore, failure of the Offeror to provide a minimum of two relevant references, and/or the inability of the Government to complete a minimum of two reference checks after making a reasonable effort to do so, may result in the Offeror being rated as "neutral" on the past performance factor. The Government is not required to conduct or complete reference checks on more than the two required references for each phase. In addition to contacting references provided by the Offeror, the Government may solicit other sources to find references for other relevant, similar work performed by the Offeror.

The Offeror must submit a Past Performance Questionnaire (PPQ) (included in the solicitation as an Attachment, completed by the applicable client, for each project included in its proposal for Factor 1 Past Performance. References must have thorough knowledge of the details of the

Offeror’s performance (such as the Project Manager, Building Owner, or Contracting Official associated with the project) for the majority of the contract performance period, so that the reference may sufficiently respond to the questionnaire. Ensure correct phone numbers and email addresses are provided for the client point of contact. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the project. The client shall submit a questionnaire directly to the

Government's point of contact, via email at anna.vanko@gsa.gov prior to proposal closing date. Offerors may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

If any problems were encountered on the identified contracts for which the Offeror has submitted references, the contractor may provide a brief narrative describing the nature of the problems and the corrective action taken.

Also include performance recognition documents received within the last 10 years, such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the Offeror. While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. GSA will not maintain database of PPQs submitted by Offerors.

(2) Experience

This factor considers the Offeror’s experience as a firm in providing comparable Design and Construction Phase Services for two (2) but no more than five (5) similar projects using “open book accounting” within the last six (6) years, where the Offeror used Construction Manager as Constructor or Construction Manager at Risk delivery. Projects submitted should be 100% complete to be considered relevant for this factor. All submitted examples provided must also be projects in which the Offeror provided Design and Construction Phase Services. The Offeror should provide written demonstration of their experience in providing project planning, value engineering, cost savings, design reviews, constructability reviews, problem/issue resolution, coordination, phasing plan development, GPM development, site logistic planning, independent cost estimating, and development of subcontractor interest necessary to complete the project within the prescribed budget and a fixed schedule.

This factor will be evaluated based upon the written response included in the technical proposal.

Experience can be described as what jobs you have performed. A "similar” project is defined as one which included renovation/buildout of work spaces, both open and enclosed, conference spaces, and other areas for multi-purpose use in an occupied office building, where modifications to existing building systems, including HVAC, plumbing, and life safety systems occurred, with construction costs greater than $10,000,000.00. Greater weight will be given to past experience more similar in scope to this project.

For each project submitted, at a minimum, you must provide a project description, square footage, site conditions, project schedule (for any project not completed in the amount of days specified in the solicitation and contract, please provide justification for difference), safety record, overall scope of the design and construction phase services, GMP or budget at award;

GMP at the construction start and final contract value after adjustments, and lastly, indicate whether liquidated damages were assessed against the Offeror due to late completion.

All submitted examples provided must also be projects in which the Offeror provided Design and Construction Phase Services. The Offeror should provide written demonstration of their experience in providing project planning, value engineering, cost savings, design reviews, constructability reviews, problem/issue resolution, coordination, phasing plan development, GPM development, site logistic planning, independent cost estimating, and development of subcontractor interest necessary to complete the project within the prescribed budget and a fixed schedule.

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”.

This factor considers the Offeror’s project management plan which indicates the methods and means they will employ to ensure management of the project in a manner which will maximize the opportunity for successful completion that is on-time, on-budget and within quality expectations. This factor will be evaluated based upon the written response included in the technical proposal. The proposal should delineate the Offeror’s knowledge, programs and processes, relating them to the unique requirements of this project and demonstrating their approach to its management and execution.

Staffing Plan: Provide a complete staffing plan detailing all team members to be assigned to this project. Suggested team members may include the following: Corporate Construction Executive, Project Coordinator, Project Manager - Pre-Construction Phase, Engineering Review Coordinators, Major Consultants, Cost Estimating Staff, Scheduler, Project Manager - Construction Phase, Construction Superintendent, Quality Control Superintendent, Project Engineer, LEED Coordinator, Fire, Life and Safety Coordinator, Construction Supervisors, Testing Engineering firms, and other key individuals. The staffing plan should include an Organizational Chart and Lines of Authority for both preconstruction and construction phases.

For each key person, identify the proposed duties in the project; identify the person as a part-time or full-time employee, detail the amount of time anticipated to be spent on-site and the amount of time to be spent in the home office and identify the firm for which the employee works. Describe the amount and form of interaction between the home office and the construction site. Identify which personnel will responsible for the quality control and safety programs.

The Offeror shall designate and identify on-site key personnel having signatory authority who can bind the contractor in negotiations for changes and sign letters and contract modifications.

Quality Control Plan (QCP): Provide an example of a detailed QCP featuring both a Management Plan and Inspections/Test sections. The management plan must describe the Offeror’s process for planning, organizing, coordinating and controlling the execution of the construction work. It shall address methods employed to prepare, monitor and accomplish the project’s schedule and to track and control project costs. It details the communication plan and problem resolution procedures as well as quality control methods employed. The plan should address the coordination, development and review of shop drawings, samples and submittals.

The Inspections/Tests section shall demonstrate how the Offeror successfully implements this program and define their process of identifying, scheduling, testing, correction and follow-up for each divisional building system/feature.

Safety Plan: Provide a safety plan that demonstrates the firm’s approach to preventing accidents and injuries with contingency plans for responding to accidents. Provide specific methods for processing correspondence, and for dealing with issues, problems, questions, emergencies and other areas.

Recycling, Green Building Process, LEED Strategies:

Provide an example that demonstrates the firm’s approach to leadership in energy and environmental design. It shall address the building and operation of buildings that deliver high performance inside and out. Provide specific methods for reducing the impact of construction on our natural environment, economy, health and productivity.

(4) Experience of Key Personnel

The Offeror shall identify the personnel they propose to fill the key team member positions listed below and state their roles and responsibility to the project. The Offeror shall provide evidence of the competency, past performance, qualifications and related experience of key team members. If the key team members did not work on the three projects submitted under Evaluation Factor Number 1, provide contact information for two references each who can provide thorough knowledge of the details of the individual’s performance (such as the Project Manager, Building Owner, or Contracting Official associated with the project) in a similar position on a similar project. The Offeror shall provide resumes for each key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received, and work experience (including roles) over the last ten (10) years. Provide a matrix chart clearly identifying the roles that key team members held on the projects submitted under the Experience and Past Performance factor. Key team members are defined as follows:

At a minimum, the CMc key team members shall consist of the following:

• Corporate construction executive

• Project manager

• Architectural review coordinator

• Engineering review coordinators - all disciplines

• Cost estimator(s)

• Project accountant

• Construction superintendent

• Quality control superintendent

• Project engineer

• Construction supervisors

• Full time Occupational Health and Safety Officer (OSHO)

Industrial Hygienist Other key team members as determined by the Offeror, with approval from the GSA

CO

Note1: Any of the team members indicated above may be represented by the same individual/firm, except as noted in the description of contractor roles and responsibilities outlined within the RFP. Offerors should clearly note in their submittal documents any of the above key team members who will be represented by the same individual/firm.

Note 2: No substitution to key personnel shall be made without prior approval of the CO. In the event that personnel approved by the CO are unable to perform their duties due to death, illness, resignation from the Contractor's employment, the CO's request for removal, or similar reasons, the Contractor shall promptly submit to the CO, in writing, the name and qualifications of a proposed replacement with equal or superior qualifications. This replacement, if approved by the CO, shall be submitted to the Government within three calendar days from the time of removal and shall in no way delay the project schedule. If the schedule is delayed due to the

CMc’s lack of timely submittal or lack of an equally qualified submittal, the CMc shall be responsible for any and all resulting costs associated with the delay. Any approved substitutions shall be made at no increase in contract price and/or decrease in capabilities.

Offeror must submit the following information at a minimum:

1. Resumes for each key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received and work experience.

2. A matrix chart clearly identifying the roles that key team members held on the projects submitted under the Experience and Past Performance factor.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in 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).

(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 within 10 days of submission of a proposal.

II.F. Requirements of Joint Venture Offerors

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

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

(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The https://www.sam.gov/ 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

52.23218 Availability of Funds.

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the

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

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

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

http://www.sba.gov/

III.F. Notice Concerning Preparation of Proposals

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

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Bond Requirements

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

III.H. Contractor Performance Information

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

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment

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

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

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

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

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

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

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

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

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

III.I. Safeguarding Documents Designated as Sensitive But Unclassified

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

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.216-1 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.B. 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.C. 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

Goals for Minority Participation for Each

Goals for Female Participation for Each

19.6% 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: Illinois, Cook County, Chicago.

IV.D. 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 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

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

(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.E. Buy American Exceptions

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

IV.F. 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.G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98) 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

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

Federal Acquisition Regulation

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

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 14

52.236-28 Preparation of Proposals - Construction OCT 97

IV.H. GSAR Clause 552.102 Incorporating Provisions and Clauses by Reference

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.I. Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is not required to be submitted with offers under this solicitation...

IV.J. Additional Provisions

None

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.

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

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

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

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

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

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

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

(i) The solicitation number;

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

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

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

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

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

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

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