47PF0023R0049 Sol_CMc_April 2024.pdf

GSA Solicitation No.47PF0023R0049

Construction Manager as Constructor (CMc) Contract for:

International Falls Land Port of Entry Project

The Solicitation

Note: The Inflation Reduction Act of 2022 (IRA), Pub. L. No. 117-169, enacted in August 2022, provided GSA with significant funding for (a) measures necessary to convert facilities to high-performance green buildings, (b) acquisition and installation of construction materials and products with substantially lower levels of embodied greenhouse gas emissions, and (c) emerging and sustainable technologies. The Contract resulting from this Solicitation will be funded in part by IRA appropriations, and it contains numerous IRA-specific requirements. Requirements include, but are not limited to, requirements regarding pricing, invoicing, submittals, materials, and construction. In addition, please note that this Solicitation contains an evaluation factor favoring certain construction materials with the lowest possible levels of embodied carbon. Offerors shall carefully review this Solicitation, the Agreement, the Statement of Work, the Specifications, and the Drawings. Offerors are responsible for accurately pricing and, if successful, fully performing all Contract requirements.

Document: CMc APRIL 2024 (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 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 and Dissemination of Controlled Unclassified Information

(CUI) Building Information

J. INFORM

K. Mega Construction Project Program

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. Buy American Requirements 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. GSAR 552.252-5 Authorized Deviations in Provisions (Nov

2021)(DEVIATION FAR 52.252-5)

Document: CMc APRIL 2024

J. Small Business Subcontracting Plan K. Project Labor Agreement L. Certified Cost or Pricing Data M. Additional Provisions

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

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

(iii) Energy Rebates Program

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.244-5 Competition in Subcontracting C. Security Requirements

VI. Additional Clauses

VII. 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

Document: CMc APRIL 2024

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) Past Performance Reference Questionnaire

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: 513-505-6253

Document: CMc APRIL 2024

Authorized Representative Information:

Email: anna.vanko@gsa.gov

Alternate POC Information

Name: Ulyana Ivankiv

Address: 201 Superior Ave, Suite 450, Cleveland, OH 44114

Telephone: 216-246-1797

Email: ulyana.ivankiv@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. 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 reasonable accommodation due to a disability, contact the Contracting Officer.

Date: May 14, 2024

Time: 1:00pm Central/Local Time

Location: Backus Community Center, 900 5th Street, International Falls, MN 56649 Room will be provided upon RSVP.

-Please note, the PreProposal Conference will start at the Backus Community Center, then the Site Visit will follow. Please prepare to either walk (.7 miles) or coordinate transportation to the site. The Government will not be providing transportation to and from the site.

I.E. Magnitude of Construction

(1) The estimated price range for the Project is between $175,000,000.00 and $195,000,000.00.

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.

Document: CMc APRIL 2024 (The Solicitation) https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3

(2) A site visit will be held at the following date and time:

Date: May 14, 2024

Time: 1:00pm Central/Local Time

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four representatives from each Offeror. Offerors shall submit a PreProposal RSVP form 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 PreProposal RSVP form no later than 12:00pm Central Time on May 13, 2024, to the Anna Vanko and Ulyana Ivankiv at anna.vanko@gsa.gov and ulyana.ivankiv@gsa.gov .

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

Name: Julie Peterson

Telephone: 701.261.7992

Email: julie.peterson@gsa.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 no later than 4:00 pm Central time on the following date and at the following address.

Date: June 5, 2024 Email Addresses: anna.vanko@gsa.gov and ulyana.ivankiv@gsa.gov

Emails, including message body, headers, and attachments are limited to 25MB. Zip files are acceptable, but the following attachment type/extensions are not permitted in any email incoming to GSA, including inside zip files: ade, adp, asx, bas, bat, BHx, cer, chm, cmd, com, cpl, crt, dbx, dll, exe, hta, htp, inf, ins, isp, js, jse, lnk, mda, mde, mdz, msc, msi, msp, mst, nch, pcd, pif, prf, reg, scf, scr, sct, shb, shs, url, vb, vbe, vbs, wms, wsc, wsf, wsh, htm, 7z.

Failure to adhere to the email limitations may result in a late submission and will be subject to FAR 52.214-7

Document: CMc APRIL 2024 (The Solicitation) mailto:anna.vanko@gsa.gov mailto:ulyana.ivankiv@gsa.gov

II. Proposals

II.A. Proposal Contents

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

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications

4. List of items included within the offeror's home office overhead

5. Subcontracting Plan

6. Project Labor Agreement

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

8. Proprietary Information Agreement(s)

9. SAM.gov Registration

10. VET-2414 Verification

11. SF24 - Bid Bond

12. Subcontracting Plan

13. Disclosure Statement - Cost Accounting Practices and Certification

14. Other Documents as Required

II.B. Proposal Format Firms having the capabilities to perform the services will be invited to respond to the RFP posted on the beta.SAM.gov website.

Offerors who wish to submit an offer will be required to submit one emailed electronic version. The proposal package shall be submitted in a manner which should clearly state the RFP number, firm's name and address.

The proposal package shall consist of two attachments, one to contain the technical proposal to be marked “TECHNICAL PROPOSAL” and the other to contain the price proposal to be marked “PRICE PROPOSAL”.

The technical proposal should be organized to correspond with the evaluation criteria listed herein. The submission should not exceed 50 digital pages, inclusive of the table of contents, charts, exhibits, resumes and any other materials the Offeror deems required for each evaluation factor listed herein for which the offeror is addressing. Pages that exceed the 50-page limit may not be considered.

Offerors are also required to submit a separate electronic pricing proposal, which shall include the signed SF1442, Supplemental 1442 Pricing Sheet, SAM

Document: CMc APRIL 2024 registration verification, VETS-4212 compliance, acknowledgement of any amendments, subcontracting plan if a other than small business, GSA527, SF24, and completed Reps and Certs.

Emails, including message body, headers, and attachments are limited to 25MB.

Zip files are acceptable, but the following attachment type/extensions are not permitted in any email incoming to GSA, including inside zip files: ade, adp, asx, bas, bat, BHx, cer, chm, cmd, com, cpl, crt, dbx, dll, exe, hta, htp, inf, ins, isp, js, jse, lnk, mda, mde, mdz, msc, msi, msp, mst, nch, pcd, pif, prf, reg, scf, scr, sct, shb, shs, url, vb, vbe, vbs, wms, wsc, wsf, wsh, htm, 7z.

Failure to adhere to the email limitations may result in a late submission and will be subject to FAR 52.214-7 Proposals will be evaluated according to the technical evaluation factors and standards outlined in this SSP. The technical/management proposals will be reviewed and initially evaluated independently to the review of price proposals.

The contract may be awarded on the basis of the initial technical/management proposals, or a competitive range established and discussions held followed by request for a final revised proposal. If discussions are required, offerors will be advised of technical/management deficiencies noted by the SSEB prior to notification of the standing of the price proposals.

The Government may negotiate the CMc Construction Contract Award Amount including profit and overhead costs as well as any other aspect of the offer as deemed necessary. Alternatively, the Government reserves the right to make an award without conducting discussions based on initial proposals. After technical/management and price evaluations, discussions and/or negotiations, and revised offers, if required, the SSA will select the CMc whose offer is the best value for the Government.

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. Additionally, a supplemental 1442/pricing sheet will be included in the solicitation and required to be completed and returned as part of the Price Proposal.

(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.

Document: CMc APRIL 2024

(3) Additional Proposal Requirements:

GSA is required to track spending for each of the three appropriations it received under the Inflation Reduction Act of 2022 (IRA) -- for low-embodied carbon (LEC) materials, emerging and sustainable technologies, and high-performance green building measures -- and has established “budget activities” for each of these appropriations. A contract line item number (CLIN) for each of these budget activities has been included in the Agreement as necessary. In addition, subCLINs will be used to track spending on each of the LEC materials designated for IRA funding -- asphalt, concrete, glass, and steel.

Offerors must include separate prices for IRA work under the corresponding IRA CLINs and subCLINs.

Amounts for each IRA CLIN should reflect all expenses necessary to accomplish acquisition and installation of IRA work elements. A list of possible expenses follows below; this list is not exhaustive.

● Expenses of acquiring and transporting products and materials required for IRA-funded work to the construction site;

● Labor, general and administrative expenses, and overhead and profit reasonably attributable to installation of IRA-funded work;

● Expenses for materials, tools, riggings and equipment (including safety equipment) required to install IRA-funded work;

● Design, submittal and documentation expenses reasonably attributable to IRA-funded work;

● Demolition and disposal expenses reasonably necessary for and attributable to IRA-funded work;Building 25 Building 25 CMa

● Skaggs CMaCMa

● Skaggs CMa

● Expenses necessary to return space to its condition preceding IRA-funded work;

● Environmental remediation expenses required in execution of IRA-funded work; and

● Phasing and commissioning expenses reasonably attributable to

IRA-funded work.

II.D. Technical Proposal

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

Document: CMc APRIL 2024

FACTOR #1: Experience in Providing Design Phase and Construction Phase Services on Similar Projects

Description:

This factor considers the Offeror’s experience as a firm in providing comparable Design and Construction Phase Services for similar projects using “open book accounting” for similar projects where a Construction Manager as Constructor (CMc) type contract was awarded. 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:

○ Past Projects were delivered via the CMc/Construction Manager at Risk (CMr) delivery method and utilized open book accounting, and involved audits either for a final settlement or conversion to firm-fixed price;

■ Experience and readiness for Cost Accounting Standards (CAS) compliance must be demonstrated

○ Services were for the new construction of an office building, courthouse, land port of entry, or other similar large-scale commercial and/or government facility, via a stand-alone or multiple buildings;

○ Construction costs were greater than $150,000,000.00;

○ 75,000 SF or larger

○ The schedule for design and construction services spanned multiple years;

○ At least one submitted project must demonstrate experience working in extreme cold climates similar to International Falls, MN.

○ Scope was inclusive of work for:

■ Site/landscape improvements

■ Utilities

■ Roadways

■ Demolition

■ Structural

■ Architectural

■ Mechanical

■ Electrical

■ Core/shell construction

■ Major mechanical systems

■ Life safety systems

■ Fire alarm

■ Electrical distribution systems

■ Emergency generators

■ HVAC components

■ Building automation systems

■ Plumbing

■ Interior finish work

Document: CMc APRIL 2024

○ Projects or programs which are for residential use or span multiple sites are considered less similar and will not be considered as similar past experience.

The following characteristics are preferred and if present in the submitted past experience, will assist the projects in being considered more similar, but are not strictly required:

○ Projects funded via multiple sources and/or required complex financial accounting practices.

○ Projects which included effective value engineering processes.

○ Projects which included complex phasing and/or planning of work around occupied areas.

○ Projects which achieved sustainability certifications such as LEED or

SITES.

○ Projects which included security system upgrades and/or new work for agencies with similar security requirements to the U.S. Customs and Border Protection (CBP).

○ Projects which utilized mass timber construction.

○ Projects which include Low Embodied Carbon materials, such as concrete, steel, asphalt and/or glass.

○ Projects which included modifications and/or improvements to existing waterways.

○ Projects which included modifications and/or improvements to existing railways.

○ Projects which utilized pre-manufactured systems, equipment, or other elements.

○ Projects which utilized new technologies, systems, components, or construction methods in innovative ways.

Greater weight and consideration will be given to experience more similar in scope to this project.

FACTOR #2: Project Management Plan (Design and Construction Phase Services)

Description:

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

Document: CMc APRIL 2024 project and demonstrating their approach to its management and execution.

FACTOR #3: Qualifications and Experience of Key Personnel

Description The Offeror shall identify the personnel it proposes 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 two to four projects submitted under Evaluation Factor #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 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:

● Project Executive

● Project Manager

○ Design and Construction Phase

● Construction Superintendent

● Quality Control Superintendent

● Cost Engineer

● Scheduler

● On Site Safety Coordinator

● Project Accountant

● Other key individuals

Note 1: Any of the team members indicated above may be represented by the same individual/firm, except as noted in Note 2. 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: The following team members must be represented by separate individuals:

● Corporate Construction Executive

● Project Manager - Construction Phase

● Construction Superintendent

Note 3: 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

Document: CMc APRIL 2024 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 Contractor’s lack of timely submittal or lack of an equally qualified submittal, the CMc contractor 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.

FACTOR #4: Past Performance in Providing Design Phase and Construction Phase Services on Similar Projects

Description:

This factor considers the Offeror’s Past Performance for the projects submitted under Evaluation Factor 1: Experience in Providing Design Phase and Construction Phase Services on Similar Projects. This factor will be evaluated based upon the responses from the references provided by the Offeror. Past performance can be described as how an Offeror performed on a job.

The Government intends for the contractor to contact their references directly; the references shall complete the provided Past Performance Questionnaire (PPQ) and submit it directly to the Contracting Officer (CO), prior to the due date and time of proposals. The CO also reserves the right to contact those individuals who provide references for the Offeror to verify that the services provided comply with the similarity requirements of this RFP and to assist with the 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 Offeror. In addition to the references provided by the Offeror, the Government may solicit other sources to find references for other relevant, similar work performed by the Offeror.

The Government also reserves the right to use other government data available in its assessment of the offeror. The quality of the reference information supplied will be considered. In accordance with FAR 15.306, If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of proposals (e.g.,the relevance of an offeror’s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors.

Document: CMc APRIL 2024

FACTOR #5: Sustainability

This project is funded in part by Section 60503 of the Inflation Reduction Act of 2022 (IRA), which provides funding for purchase of construction materials with substantially lower levels of embodied greenhouse gas emissions.

GSA’s IRA Low Embodied Carbon asphalt, concrete (and cement), glass and steel requirements establish numeric global warming potential (GWP) limits for certain EPA-approved construction materials: concrete (and cement), asphalt, steel, and glass (IRA-Eligible Materials). For each material, GWP limits have been established for the best performing 20% of materials in terms of embodied carbon (Top 20% Limits), the best performing 40% of materials in terms of embodied carbon (Top 40% Limits), and better than industry average (Better Than Average Limit).

This Evaluation Factor calls for Offeror commitments to furnishing IRA-Eligible Materials with the lowest possible GWP values. IRA Limit commitments proposed under this evaluation factor will be incorporated into the successful offeror’s resultant contract.

Individual materials’ GWP values may be found on individual manufacturers’ environmental product declarations (EPDs). EPDs must meet the standards reflected in GSA’s IRA Low Embodied Carbon asphalt, concrete (and cement), glass and steel requirements (see Compliance Documentation criteria listed for each IRA-Eligible Material).

Technical Acceptability and Scoring:

Offerors will only meet the standard for technical acceptability under this Factor if they commit to furnish all required IRA-Eligible Materials with a GWP better (lower) than each IRA-Eligible Material’s Better Than Average Limit.

Offerors meeting the standard for technical acceptability will receive a number of Raw Scores, one for each IRA-Eligible Material required by the Contract:

● Offerors will receive a Raw Score of 100 for each IRA-Eligible Material commitment that is better (lower) than GSA’s Top 20% Limits.

● Offerors will receive a Raw Score of 40 for each IRA-Eligible Material commitment that is only better (lower) than GSA’s Top 40% Limits.

● Offerors will receive a Raw Score of 20 for each IRA-Eligible Material commitment that is only better (lower) than GSA’s Better Than Average Limit.

Document: CMc APRIL 2024 (The Solicitation) https://www.gsa.gov/system/files/Asphalt%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Glass%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Steel%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Asphalt%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Glass%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Steel%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf

Offerors shall complete the “IRA Sustainability Factor Table” attached to this solicitation by filling out the applicable IRA Limit they commit to meet for each IRA-Eligible Material. Based upon the offeror’s selection in the “IRA Limit Commitment” column, the associated Raw Score, the Weighted Score, and the Total Weighted Score will be automatically calculated.

In addition, for each IRA-Eligible Material identified in the IRA Sustainability Factor Table, offerors shall submit EPDs listing that material’s GWP. Such EPDs must meet the standards reflected in GSA’s IRA Low Embodied Carbon asphalt, concrete (and cement), glass and steel requirements (see Compliance Documentation criteria listed for each IRA-Eligible Material).

Note 1: By submitting an offer, Offeror consents to unrestricted GSA use of supplier names and the GWP values associated with supplier materials. Such information may be disclosed publicly or used to inform other low embodied carbon procurement activities. Technical solutions, supplier pricing and supplier-offeror terms and conditions will not be shared. Any objection shall be transmitted to the Contracting Officer by the due date for offers and shall adhere to 41 C.F.R. § 105-60.601.

Note 2: For each offeror that is unable to submit any of the compliant EPDs by the proposal due date, the offeror shall submit a statement for each such missing compliant EPD certifying that it is unable to submit the compliant EPD by the proposal due date.

Failure by an offeror to submit any compliant EPD or its certification (as described in the immediately preceding sentence) by the proposal due date shall result in the offeror’s proposal being unacceptable and the offeror being ineligible for award.

The contract resulting from this solicitation shall have the following provision: “Within 180 days after contract award, the Contractor shall submit a compliant EPD for any IRA-eligible Material for which the Contractor was unable to submit a compliant EPD by the proposal due date. Such EPD must reflect GWP values that comply with the IRA Limit Commitments incorporated into the contract. GSA shall not issue a Notice to Proceed with construction services to the Contractor until the Contractor has submitted a compliant EPD for each IRA-eligible Material for which the Contractor was unable to submit a compliant EPD by the proposal due date. In addition to other remedies available to the Government, if the Contractor fails to comply with the 180-day requirement in this paragraph for submission of compliant EPDs, GSA shall have the option to cancel the contract for the construction services at no cost to either the Contractor or GSA.

Cancellation of the contract for the construction services by GSA under this paragraph shall not relieve the contractor of its obligation to provide GSA with a completed design Document: CMc APRIL 2024 (The Solicitation) https://www.gsa.gov/system/files/Asphalt%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Glass%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Steel%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf in compliance with the contract. The design completed by the contractor in compliance with the contract shall be property of GSA and may be used by GSA to, among other things, obtain construction services under a separate contract with another contractor.”

FACTOR #6: Small Business

Description:

GSA is committed to supporting the Small Business Program. These commitments extend to Historically Underutilized Business Zones (HUBZone), Small Business (SB), Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB), Veteran-Owned Small Business (VOSB), and Service Disabled Veteran- Owned Small Business (SDVOSB). Large businesses will be required to submit a subcontracting plan for this evaluation sub-factor. This subcontracting plan only applies to work performed in the United States and its possessions.

This factor is designed to ensure that this GSA commitment is brought to the attention of the prospective offerors. This factor measures the extent to which the offeror will perform contract requirements utilizing small business concerns.

GSA has established a national subcontracting goal of at least 22% of the subcontracted effort to small businesses. Of the total subcontracted effort, GSA has established national subcontracting goals of at least 3% to HUBZone firms, 5% to SDB firms, 5% to WOSB firms and 5% to SDVOSB firms.

FAR 52.219-8, Utilization of Small Business Concerns states in part; “The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance.” If the Offeror does not intend to subcontract, provide a detailed explanation why subcontracting would not result in efficient contract performance.

Subfactor - Past Performance in Utilizing the Small Business Program

1. Provide information on any awards you received within the past three years for outstanding support to HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms.

Include the total dollar value and the dollar value percentage of work (of total contract value) subcontracted to LB, HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms for each contract referenced in this proposal. If subcontracting was not used on submitted contracts, provide an explanation as to why for each category.

Subfactor - Participation of Small Business in the Performance of the Contract

2. Solicitation Submittal Requirements: Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor in your proposed Subcontracting Plan. Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform

Document: CMc APRIL 2024 as the prime contractor. State the extent of work, including type and percentages, you plan to subcontract to LB, HUBZone, SB, SDB, WOSB, VOSB, SDVOSB firms, and if applicable, HBCU/MI. Small business Offerors are not required to submit subcontracting plans.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications Offerors are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management.

Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301).

(2) Qualifications of Offerors Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract.

Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

(3) The Offeror must submit all disclosures in accordance with FAR 52.230-1, Cost Accounting Standards Notice and Certifications and FAR 52.230-7, Proposal Disclosure

– Cost Accounting Practice Changes.

(4) Proprietary Information Agreement(s)

Offerors are advised that employees of the firm(s) identified below may require access to your firm’s proprietary information in performing advisory and assistance services for the Government under separate contract. These individuals will be authorized access only to such information that is necessary to enable them to perform their respective duties. Such firm(s) are expressly prohibited from competing on the subject acquisition.

Maryellen Wikoff Jacobs 1999 Bryan Street Suite 3500 Dallas, TX 75201 M: 267.303.5654 maryellen.wikoff@jacobs.com

Pursuant to FAR Part 9.505-4(b), these firms must execute an agreement with each offeror that states that they will (1) protect the offerors’ information from unauthorized

Document: CMc APRIL 2024 (The Solicitation) https://www.sam.gov/ https://www.jacobs.com/ use or disclosure for as long as it remains proprietary and (2) refrain from using the information for any purpose other than that for which it was furnished.

To expedite the evaluation process, each offeror must contact the above-listed firm(s) to effect execution of such an agreement prior to the submission of proposals. Each offeror must submit copies of any such agreement(s) with their 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 joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

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

III. General Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but do not warrant that all such requests will be answered within 15 calendar days. Prospective Offerors should make such requests not less than 10 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

Document: CMc APRIL 2024

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

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 and payment 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 Document: CMc APRIL 2024 (The Solicitation) http://www.sba.gov/ http://www.sba.gov/ 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 may then be used by the Federal acquisition community for use in making source selection decisions. CPARS 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 email 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 to the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

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

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

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

III.I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

Certain information contained in the Solicitation Documents may have been designated as Controlled Unclassified Information (CUI) 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.

III.J INFORM

A. Overview of the IN-depth Feedback through Open Reporting Methods (INFORM) Process

Document: CMc APRIL 2024 (The Solicitation) http://www.cpars.gov/ http://www.cpars.gov/ https://www.cpars.gov/lc.htm

This solicitation is part of GSA’s post award communication process called INFORM. The process is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting1 that is not required by statute or regulation. For Part 15 including mandatory debriefs and Part 16, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM process as further discussed below.

B. Detailed Description of the INFORM Process

B.1. Component 1 - Notification of Award

After award and in accordance with any post-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerors (the Notification Letter and Evaluation Statement (NLES)). The notices will contain:

● All information required by statute or regulation;

● An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the unsuccessful offeror’s strengths, weaknesses, risks, and deficiencies;

● An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price; overall technical ranking, rating, or score.

B.2. Component 2 - Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NLES, an offeror may, but is not required to:

● submit a written request to the contracting officer for an oral feedback meeting;

● submit a list of written questions to the contracting officer; or

● take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required

1 The oral feedback meeting may be held in person or via an electronic means.

Document: CMc APRIL 2024 debriefing pursuant to FAR 15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three day time period, the receipt of the NLES concludes the INFORM process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer’s response to the written questions will conclude the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506.

If the offeror requests an oral feedback meeting, the offeror should provide the following information:

● Primary point of contact;

● List of participants with titles (e.g., Senior Vice President);

● List of topics to assist GSA better prepare for the oral feedback meeting;

and

● Preference for in-person, telephone, or web-based conferencing (if available).

B.3. Component 3 - Oral Feedback Meeting

During the oral feedback meeting, GSA’s objectives are to provide:

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

● Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational;

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation.

B.4. Component 4 - Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 will have concluded.

Document: CMc APRIL 2024

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

III.K. Mega Construction Project Program

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Mega Construction Project (Megaproject) Program fosters equal opportunity in the construction trades workforce of federal contractors and subcontractors on large federal construction projects.

When OFCCP designates a construction project as a Megaproject, OFCCP offers contractors and subcontractors extensive compliance assistance, conducts compliance evaluations, and fosters collaboration across the public and private sectors.