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REQUEST FOR PROPOSAL
(RFP)
U.S. GENERAL SERVICES
ADMINISTRATION
GSA/PBS/AMD, Northern Construction Contracting Team, 316 N Robert Street
Room 306 Saint Paul, MInnesota 55101
SB Set-Aside Procurement for NAICS 236220
Hart-Dole Inouye Federal Center Job Order Contract (JOC) PROJECT:
47PF0019R0026 SOLICITATION NO:
March 27, 2019ISSUE DATE:
CLOSING DATE & TIME: April 26, 2019 2:00 PM (Central Standard Time)
GSAR 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (OCT 2016) The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. The plan must demonstrate a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.
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GSA Solicitation No.47PF0019R0026
Document: C201-SB GC/DEC 2017 (The Solicitation)
Constructions Contract for: Hart-Dole-Inouye Federal Center Job Order Construction Contract (JOC)
Table of Contents
The Solicitation: C201-SB *Attachment A – GC Experience Summary *Attachment B – Past Performance Questionnaire *Attachment C – Offeror Information *Standard Form 1442 – Solicitation, Offer, and Award *Supplement to Standard Form 1442 *The Agreement: C101-SB
Offeror Representations and Certifications: C301 Department of Labor Wage Decision Building Profiles Specifications
(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. Contractor Performance Information H. 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 52.216-1 Type Of Contract C. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity for Construction E. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials F. Buy American Exceptions G. FAR 52.233-2 Service of Protest H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference I. GSAR 552.102 Incorporating Provisions and Clauses by Reference J. Additional Provisions
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 52.223-21, FOAMS (Jun 2016) D. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 E. Security Requirements
F. Additional Clauses
VI. Method Of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness/Price Realism D. Unbalanced Price E. Non Price Factors F. Evaluation of Joint Ventures
(The Solicitation)
I. General Information
I.A. The Solicitation and Contract
(1) This Solicitation is set-aside for Small Business concerns 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 – Solicitation Offer and Award
(4) The Agreement and Attachments to the Agreement
(5) Other Forms Required for Submission with Proposals
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: Della Ljungkull
Address: 316 N. Robert Street, Saint Paul, MN 55101
Telephone: 612-750-4484
Email: della.ljungkull@gsa.gov
Alternate POC Information
Name: Thomas Monaweck
Address: 110 Michigan St. NW Grand Rapids, MI 49503
Telephone: (616) 304-2999
(The Solicitation)
Authorized Representative Information:
Email: Thomas.monaweck@gsa.gov
I.D. Pre-Proposal Conference
(1) Pre-proposal conference regarding this solicitation is as follows:
Date: April 10, 2019
Time: 11:00 a.m. EST
Location: Hart-Dole-Inouye Federal Center. Offerors shall use the visitors entrance on Washington Avenue
(2) Interested parties must email the Contracting Officer (Della.ljungkull@gsa.gov) and to register for the Pre-Proposal Conference. Only those parties who have notified the Contracting Officer and provided any 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. Due to possible seating availability, each firm will be allowed a maximum of two people to register and attend.
(3) Failure of a prospective Offeror to attend the pre-proposal conference will be construed to mean that the Offeror fully understands all requirements of the solicitation. Prospective Offerors are advised that the pre-proposal conference will be held solely for the purpose of explaining the terms and conditions of this solicitation.
(4) All prospective Offerors are advised that this solicitation will remain unchanged unless it is amended in writing. All amendments will be published on the Federal Business Opportunity website (www.fbo.gov).
I.E. Estimated Price Range
See the Agreement, paragraph I.E. Contract Values.
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.
(The Solicitation)
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
I.G. FAR 52.236-27 Site Visit – Construction (Feb 95)
(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.
A site visit will be held at the same time as the pre-proposal conference. See details as listed in I.D. Attendees are to complete the RSVP form provided in the notice concerning solicitation and submit it to the Contracting Officer at the email address provided above.
I.H. Receipt of Offers
(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 4:30 pm Central Standard Time on the following date and at the following address.
Date: April 29, 2019 Address: della.ljungkull@gsa.gov Use subject line: PROPOSAL—HDI JOC
(2) Offers sent shall be deemed timely if received by the email addresses of the GSA POCs listed above on or before the date and time established for receipt of offers, as recorded by the Government computer system’s documentation of the exact official time of receipt, not by the time it was sent by the Offeror. It is the Offeror’s responsibility to ensure proposals are complete and submitted early enough to be received by the Government before the deadline, and to confirm receipt before the deadline. Offerors are strongly encouraged to use a “read receipt” function to confirm receipt. Due to anticipated volume of proposals, the Government cannot guarantee that it will be able to respond to requests by email to confirm receipt. Proposals or portions of proposals which are received by the Government later than the time noted above will not be accepted, reviewed, or considered.
(3) In addition to submitting an electronic offer, the offeror must also submit one original hard copy of their proposal to the following business address by the due date and time listed the above:
Della Ljungkull, Contracting Officer General Services Administration 316 N Robert St. Saint Paul, MN 55101
(The Solicitation)
(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
II.B. Proposal Format
Offerors are to submit an email with the subject line: “PROPOSAL – HDI JOC”.
Electronic packages will contain two (2) pdf files as described below:
1. Attachment Labeled “(Contractor Name) Pricing – HDI JOC”:
a. Standard Form 1442 & Supplement to SF 1442
b. C301 Reps and Certs
2. Attachment Labeled “(Contractor Name) Technical – HDI JOC”.
Proposals will only be accepted in electronic format, via email, and one original hard copy via surface mail. No disc or faxed proposals will be accepted. Offerors are to submit an email with the subject line: “PROPOSAL – HDI JOC” II.C. Price Proposal
(1) Contents
The Price Proposal shall include a fully executed SF 1442 (including supplement). Each Offeror must submit a Pricing Structure as listed in the Supplement to the Standard Form 1442 and must completely provide all information as requested on this document. The prices offered by the contractor may be negotiated during the source selection process.
The Price Proposal shall consist of the fully executed SF 1442 (including the supplement), with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.
(2) Qualifications, Exclusions and Conditions
If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.
(3) Additional Proposal Requirements
N/A
II.D. Technical Proposal
The Technical Proposal shall include the information requested below for the non-price factors described in Section VI.
(1) Experience as a General Construction Contractor (GC) for commercial buildings on Repair and Alterations Projects.
This factor considers the extent of the Offeror’s past experience as a GC on repair and alteration projects in commercial buildings. This factor will be evaluated on the Offeror’s presented projects in response to the RFP.
The Offeror must demonstrate successful experience as a GC responsible for the construction of at least seven (7) and no more than ten (10) repair and alterations projects that are completed or substantially completed within the past five (5) years of the closing date of this solicitation; current projects must be 75% complete by the closing date of this solicitation to be considered substantially completed. Projects can be federal, state, local, or private sector projects. Projects should demonstrate the GC’s ability to successfully complete a range of repair and alterations projects, of varying complexities and budgets.
Relevant repair and alteration projects are defined by the following characteristics:
● Total project construction cost at award was between $25,000 and $1,000,000;
● Project was performed in or around an occupied and functioning commercial building;
● Project required close coordination with property management and/or building occupants;
Projects within the dollar range stated above will be given preference over projects submitted outside the dollar range. A contractor may submit examples outside of the dollar range with which the Government will evaluate if they do not have the minimum number within the dollar range.
The offeror shall provide the following information for each of the projects:
1. Name and location of the project;
2. Detailed description of the project;
3. Type of building space (office, courtroom, judges’ chambers, server/IT space, etc.);
4. Project start and completion dates;
5. Construction cost at award and final construction cost at project completion;
6. A narrative description of the amount and type of work the offeror performed with in-house forces and the percentage of the work that was completed by subcontractors;
7. An explanation of Project Management techniques and the Quality Control measures that were used on the project. Provide a summary of issues that were encountered on the project and how they were resolved using the established Project Management techniques and Quality Control measures;
8. Name, title, address, phone number, and email address for building owner or representative of the owner who can attest to the services provided.
Complete one GC Experience Summary (Attachment A) for each project presented for this factor. The Attachment A form addresses most but not all of the information stated above. The offeror shall supplement the Attachment A form with the additional information needed not to exceed one (1), single spaced double-sided page, in 12 point Arial font and 1” margins. The offeror may also supplement the example with photographs or drawings but may not exceed the one (1) double sided page limit. The summary must be completed in its entirety in order for GSA to fully evaluate this factor. Lack of complete information may result in a project not being considered during the evaluation.
Standard for Evaluation:
1. At least seven (7) similar successful project examples have been submitted that demonstrate experience in delivering General Construction (GC) Services. These examples must have been completed within the last five (5) years of the closing date of this solicitation or if current must be at least 75% complete by the closing date of this solicitation to be considered substantially completed.
2. Each GC Experience Summary form should be completed in its entirety along with supplemental information. The similarity to this project is more important than the quantity of projects presented, however the offeror must have submitted at least seven (7) examples.
Rating Description
5 The proposal identifies at least seven (7) similar projects with adequate details that demonstrate significant, relevant experience.
4 The proposal identifies at least seven (7) similar projects with details that demonstrate fairly relevant experience.
3 The proposal identifies at least seven (7) similar projects with sufficient details that demonstrate somewhat relevant experience.
2 The proposal identifies less than seven (7) similar projects. Limited details are provided that demonstrate little relevant experience.
1 The proposal identifies less than seven (7) similar projects. Few details are provided that demonstrate no relevant experience.
0 No project examples are identified in the proposal.
(2) Project Management Plan This factor considers the Offeror’s project management plan which indicates the processes that will be used to maximize the opportunity for successful completion of projects – on-time, within budget, and meeting quality expectations. The Project Management Plan will be evaluated as an indicator of the GC’s understanding of the requirements of this contract and the resulting task orders. The plan should identify and elaborate on significant project components such as safety, quality control, subcontractor management, property manager and/or tenant coordination, system coordination, coordination with other ongoing projects, etc. and should demonstrate the
Offeror’s knowledge, programs and processes. This factor will be evaluated based on the Offeror’s written response; the written response shall not exceed two (2) double-sided pages.
Standard for Evaluation:
1. The project management plan describes the GC’s typical approach for construction services on repair and alteration projects. The plan includes, but may not be limited to, scheduling and cost control methods, change order management, subcontractor management, and goals for meeting or exceeding performance criteria.
2. As a part of the plan, offeror’s identify and propose a way to manage, the most significant risks that may be associated with these types of projects. Such risks may include matters that jeopardize performance within budget and schedule limitations, subcontractor performance, building occupancy, and/or site access.
5 The proposed project management plan is exceptionally clear and project specific, demonstrating a complete understanding of the contract requirements.
4 The proposed project management plan is clear and somewhat project specific, demonstrating a clear understanding of contract requirements.
3 The proposed project management plan is for the most part clear and demonstrates a general understanding of the contract requirements.
2 The proposed project management plan is very general and does not demonstrate a clear understanding of the contract requirements.
1 The proposed project management plan is vague and not at all project specific, demonstrating a lack of understanding of the contract requirements.
0 No project management plan is identified in the proposal.
(3) Staffing Plan and Qualifications of Key Personnel
This factor considers the Offeror’s staffing plan and qualifications of key personnel. This factor will be evaluated based on the Offeror’s written responses; the written response to demonstrate the staffing plan shall not exceed five (5) double-sided pages, including the organizational chart and/or the experience matrix.
The Offeror shall provide a staffing plan that identifies personnel proposed to fill key team member positions listed below, including descriptions of their roles and responsibilities. An organization chart shall be provided that shows lines of authority and identifies personnel having signatory authority to bind the contractor to contractual actions.
Key team member roles include (these should be prime contractor personnel that will be assigned to this contract; understanding that assignments will be made based on project size):
1. Primary Point of Contact that will be responsible for managing the contract (1)
2. Construction Superintendent(s) (may provide more than 1)
3. Project Manager(s) (may provide more than 1)
4. Program Coordinator for submittal of Safety Plans to GSA (1)
5. Scheduling Coordinator for significant tasks (1)
6. Primary POC for security clearances (1)
7. Other key team members as determined by the Offeror
Resumes shall be provided for key team member(s) filling roles 1-4. Resumes shall indicate currently held position/title, proposed project position/title, education, and qualifications. Do not provide more than nine (9) key personnel. Teams will have to prioritize and provide those that best represent your ability to accomplish the requirements of this contract. Executive personnel should not be submitted unless they will have direct responsibility for managing task orders under this contract.
GC’s shall also identify primary or typical subcontractors, correlating them with Factor 1, to represent the GC’s commonly used subcontractors with which they have an established, successful working relationship.
A matrix shall be provided that clearly identifies the work experience that each key team member has on the projects submitted under Factor 1. Only indicate key team members that participated in example projects when they will be performing the exact same role on this contract. If the key team members did not work on any of the projects submitted under Factor 1, provide no more than a one (1) page description of the key team member’s qualifications as they relate to the proposed roles and responsibilities for this contract.
This factor will be evaluated as an indicator of the Offeror’s understanding of the staffing requirements and the proven qualifications of key team members based on successful experience in comparable positions on similar projects. The qualifications of key personnel shall demonstrate that each of the key team members have held comparable position(s) and has the appropriate education, qualifications, professional licensing, and experience to be assigned to this position. Preference will be given to those members having experience on multiple similar projects and/or successful performance in comparable positions.
Standard for Evaluation:
1. The staffing plan identifies personnel that are proposed to fill the key team member positions and state their roles and responsibilities on this contract. Key team members may be represented by the same individual; however, the documents submitted must clearly show each key team member’s role.
2. The qualifications for each key team member should clearly indicate their currently held position/title, proposed contract position/title, education, professional licensing, and work experience over the last five (5) years.
5 All personnel are identified in the proposal, and their qualifications significantly exceed the standard.
4 Most personnel are identified in the proposal, and their qualifications exceed the standard.
3 Most personnel are identified in the proposal, and their qualifications meet the standard.
2 Some personnel are identified in the proposal, but some of their qualifications do not meet the standard.
1 Some personnel are identified in the proposal, but many of their qualifications do not meet the standard.
0 No key personnel or qualifications are identified in the proposal.
(4) Past Performance as a General Contractor (GC) on Repair and Alteration Projects
This factor considers the past performance of the Offeror. This factor will be evaluated based on the responses received from references. For at least seven (7) and no more than ten (10) of the projects identified in Factor 1; a separate past performance questionnaire shall be completed using Attachment B in this solicitation. References must have thorough knowledge of the Offeror’s performance on the project for the majority of the contract performance period; the quality of the reference information supplied will be considered. Past performance will be evaluated as a predictor of the offeror’s compliance with contract requirements and overall quality of performance. The offeror shall be responsible for disseminating and collecting the past performance which shall be submitted with their proposal.
The Government reserves the right to use other government data available in its assessment of the Offeror. In accordance with FAR 15.306, the offeror will be given the opportunity to respond to adverse past performance information.
1. The Government received completed past performance questionnaires for at least seven (7) references for projects submitted under Factor 1.
5 Adequate references were provided; all references provided a favorable evaluation indicating excellent past performance on all projects.
4 Adequate references were provided; most references provided an above average evaluation indicating very good past performance on most projects.
3 Adequate references were provided; references provided an average evaluation indicating good past performance on most projects
2 Some references were provided (less than 7); references provided a below average evaluation indicating fair past performance on most projects.
1 References were provided (less than 7); references provided an unfavorable evaluation indicating poor past performance on most projects.
0 No references were provided or could not be contacted.
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) Signed Bonding Letter Obtain letter confirming bonding capability for projects over $35,000.
The letter shall state the maximum bonding level per project as well as an aggregate maximum bonding capacity. Please note that a Bid Guarantee is not required for this solicitation.
References to bid guarantees, price or performance bonds throughout this document are not relative to this proposal submission, but may be relative on a task order basis.
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.
(The Solicitation)
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 5 calendar days. Prospective Offerors should make such requests not less than 5 calendar days prior to the date set for receipt of offers.
III.C. Notice to Small Business Firms
A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (Small Business Administration). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.
III.D. Information Concerning the Disclosure of Solicitation Results
This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by FAR 15.503.
III.E. Affirmative Procurement Program
GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to Clause FAR 52.223-10 encouraging vendors to practice waste reduction.
III.F. Notice Concerning Preparation of Proposals
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. 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.
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.H. Safeguarding Documents Designated as Sensitive But Unclassified
Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.
IV. FAR/GSAR Solicitation Provisions
IV.A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 98)
(a) The GSA Index of Federal Specifications, Standards and Commercial Item
Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—
GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407
Telephone (202) 619-8925 Facsimile (202) 619-8978
(b) If the General Services Administration, Department of Agriculture, or Department of
Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.
IV.B. FAR 52.216-1 Type of Contract (APR 84) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
IV.C. 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
7.2% 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: Battle Creek, Michigan.
IV.F. FAR 52.225-10 Notice of Buy American Requirement—Construction Materials.
(MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
IV.G. Buy American Exceptions
For Buy American exceptions, if any, see the applicable Buy American clause in Section IV of the Agreement
IV.H. FAR 52.233-2 Service of Protest (SEP 06)
(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in the provision “Receipt of Offers” in Section I (General Information).
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
IV.I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:
Federal Acquisition Regulation
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
52.204-7 System for Award Management (OCT 2018)
(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. “Registered in the System for Award Management (SAM)” means that—
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record “Active”.
“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company Physical Street Address, City, State, and Zip Code.
(4) Company Mailing Address, City, State and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company Headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
Special Provisions for IDIQ Contracts
FAR 52.216-27 Single or Multiple Awards (Oct 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. (End of provision)
FAR 52.217-5 Evaluation of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision)
GSAM 552.217-71 Notice Regarding Option(s) (Nov 1992) The General Services Administration (GSA) has included option(s) to extend the terms of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option(s), the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207. (End of provision)
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…
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