VMO00246 - Amendment 7 Pkg - 20220113.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION 1 | 83

4. REQUISITION/PURCHASE REQUISITION NUMBER3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NUMBER 5. PROJECT NUMBER (If Applicable)

7 VMO00246

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

General Services Administration, PBS Acquisition Mangagement Divison 6P1QE 2300 Main Street, Floor 7 Kansas City, MO 64108 For information contact:

Steven Steinkamp steven.steinkamp@gsa.gov

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

X 9B. DATED (SEE ITEM 11)

Whittaker Façade Prospectus Charles E. Whittaker Federal Courthouse 10A. MODIFICATION OF CONTRACT/ORDER NUMBER

400 E. 9th Street

Kansas City, MO 64106

10B. DATED (SEE ITEM 13)

FACILITY CODECODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers XXX is extended, is not ex-tended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

(X) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CON-

TRACT ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

C. THIS SUPPLEMENT AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor copies to the issuing office.is required to sign this document and returnis not,

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCP section headings, including solicitation/contract subject matter where feasible. )

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Maria R. Doedtman,Contracting Officer

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign) (Signature of Contracting Officer)

PREVIOUS EDITION UNUSABLE STANDARD FORM 30 (Rev. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Amendment No. 7 is issued for the following:

1) Phase II Solicitation and updated Agreement,

2) Phase I Proposal Contractor Short List for Phase II Proposals, and

3) Updated Wage Determination Rates.

End of Amendment #7

01/13/22

47PG0221R0026

9/24/2021

3:00 PM

16C. DATE SIGNED

01/13/2022

02/25/22

Construction Manager as Constructor (CMc) Contract for:

Whittaker Façade Replacement Prospectus

Charles E. Whittaker Federal Courthouse (Whittaker Courthouse) 400 E. 9th Street Kansas City, Missouri 64016

The Solicitation – Phase II

Solicitation No. 47PG0221R0026 Whittaker Façade Prospectus

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. Price Proposal C. Technical Proposal D. Other Information to be Submitted with Proposal E. Electronic Proposal Submission

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 2.0

IV. FAR/GSAR Solicitation Provisions A. FAR 52.216-1 Type Of Contract B. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction D. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials E. Buy American Exceptions F. FAR 52.233-2 Service of Protest G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference H. GSAR 552.102 Incorporating Provisions and Clauses by Reference I. Small Business Subcontracting Plan J. FAR 52.217-5 Evaluation of Options

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. Method Of Award A. Evaluation of Offers

B. Determination of Responsibility C. Price Analysis and Price Realism D. Unbalanced Price E. Total Evaluated Price F. Non-Price Factors G. Negotiations H. Evaluation of Joint Venture Offerors

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to provide Design Phase Services (Pre-Construction Phase) and the option(s) for Construction Services at a Guaranteed Maximum Price (GMP Option) for constructing the Project described in the Solicitation Documents. 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 signed a GSA 300 submitted by an Offeror and delivered to the Contractor a copy of the GSA 300 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

(4) At the sole discretion of the Contracting Officer, the Phase II Request for Proposal (RFP) may provide for payment of a stipend to the unsuccessful Phase II offerors not selected for award of the resulting contract.

(a) In order to promote increased competition, the Government may pay a stipend not to exceed $30,000.00 to unsuccessful offerors, in consideration for preparation of a technically sufficient final proposal revision, otherwise meeting the requirements described herein.

(b) To be eligible for a stipend, the unsuccessful offeror’s final proposal revision must be rated acceptable in all technical evaluation criteria, essentially meeting this solicitation’s Government furnished criteria. At the discretion of the Contracting Officer, some insignificant, minor deficiencies, or weaknesses may be allowed as long as the overall proposal meets the requirements for acceptability. Additionally, to be eligible for the stipend, an unsuccessful offeror will be required to submit an invoice with a certification that its direct expenses to prepare the offer equaled or exceeded the amount being invoiced.

(5) Definition of Construction Manager as Constructor (CMc): CMc is defined as a firm engaged under direct contract to a building owner or client, in this case the GSA, to provide design review, cost estimating, scheduling, and general construction services. The CMc shall be a member of the project development team during the design and construction phases, along with GSA as owner/developer and GSA’s A/E firm. At the time of contract award, the CMc’s firm price for pre-construction and pricing for construction phase services, will form the basis of the contract. In accordance with the successive targets, the CMc shall guarantee a maximum project price based on the facility described in the Government’s construction documents and RFP package. The services requested of the CMc shall cover a wide range of design and construction activities, which are often performed by both Construction Managers (CM’s) and General Contractors (GC’s). In contract to a CM that is not also a constructor, the CMc is responsible, through design review, involvement in the project development and administration of the construction, for constructing the facility described by the Government at below the defined budget – the project Estimated Construction Cost (ECC).

(6) Summary of Responsibilities: The CMc services under this proposed contract will include Pre-Construction Phase Services and Construction Phase Services. Pre-Construction Phase

Services shall include, but are not limited to, review and evaluation of concept, design development and construction document submissions for constructability, value engineering suggestions, identification of any problems or errors in the design and design documentation, consultation during construction document production, preliminary project schedule development, cost estimates, and development of subcontractor and supplier interest and identification of long-lead items. Construction Phase Services shall include, but are not limited to, project construction, administration of the contractor contract and all subcontracts, coordination of regular construction meetings, Critical Path Method (CPM) scheduling, maintaining construction records including daily logs and monthly reports, monitoring of construction costs, commissioning and turnover to designated facility management staff, and other required supplemental services, if so requested by the Government. The CMc shall provide GSA with sound management advice regarding the approach to the project, how to achieve the best value in the work being accomplished, necessary actions, schedule control, alternative ideas, problem/claim prevention, and budgeting. The CMc shall have a full understand of the project, its contract documents, the principles of Federal construction contracting and contract administration. Most importantly, the CMc shall have complete responsibility for construction of the renovation project.

(7) Project Services: As part of the construction contract, the CMc shall provide a wide range of management, professional, and construction services. Services under this contract shall consist of Pre-Construction Phase Services and Construction Phase Services. The CMc must maintain a team with the expertise and capability to manage and coordinate the timely and orderly development and construction of the proposed project. The requirements of the project include, but are not limited to providing those management, administrative, professional, and procurement services to deliver: Critical Path Method Scheduling; participation in conceptual, design development, and construction document phase team meetings; review of all A/E construction document submittals; review of all A/E cost estimates; independent pricing at all A/E construction document submittals; project scope management; competitive selection and procurement of all necessary subcontractors; provision of general project construction for the entire project; testing services; participation and sharing costs in acquisition of partnering consultant (and alternative dispute resolution consultant, if required); maintenance of construction records; inspection and closeout services; and commissioning and turnover to designated facility management staff.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) Solicitation for Whittaker Façade Prospectus including Attachments

(2) Solicitation and Offer Form

(3) CMc Representations and Certifications

(4) Bid Guarantee Standard Form 24

(5) Agreement for Whittaker Façade Prospectus

(6) Program of Requirements

(7) Construction Wage Rates

I.C. Authorized Representatives

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

I.C.1 Contracting Officer Name: Maria R. Doedtman

Address: 2300 Main Street, Kansas City, MO 64108 Telephone: 816-807-5871

Email: Maria.Doedtman@gsa.gov

I.C.2 Contracting Officer Representative

Name: Denton Nichols Address: 2300 Main Street, Kansas City, MO 64108

Telephone: 816-214-3080 Email: Denton.Nichols@gsa.gov

I.C.3 Contract Specialist

Name: Steven Steinkamp Address: 2300 Main Street, Kansas City, MO 64108

Telephone: 816-823-1605 Email: Steven.Steinkamp@gsa.gov

I.D. Pre-Proposal Conference

I.D.1 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 a reasonable accommodation due to a disability, contact the Contracting Officer.

Date: Tuesday, January 25, 2022

Time: 10:00 AM CST

Location: meet.google.com/brt-qrsy-rmy; Room: Jury Deliberation Room at Whittaker Federal Courthouse

I.D.2 Contractors are to submit any questions generated during the site visit or review of documents in writing to the Contracting Officer Representative, Contracting Officer, and Contract Specialist identified in I.C above.

Questions are due before 3:00 PM Wednesday, February 2, 2022. Responses to questions will be assembled and disseminated to all interested contractors by close of business Friday, February 11, 2022. Any questions received by GSA after Wednesday, February 2, 2022, may not be answered.

I.E. Magnitude of Construction

(1) The estimated price range for the Project is estimated to be between $30,000,000.00 and $50,000,000.00.

mailto:Maria.Doedtman@gsa.gov mailto:Denton.Nichols@gsa.gov mailto:Steven.Steinkamp@gsa.gov

I.F. FAR 52.236-27 Site Visit – Construction

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

(2) Site visits will be held at the following dates and times:

There will be a Phase II walk-through on Tuesday, January 25 after Pre-Proposal Meeting.

(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 (4) representatives from each Offeror due to COVID restrictions*.

Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit.

COVID restrictions at the time of solicitation require all visitors to submit attestation of vaccination or a negative COVID test within three (3) calendar days of the person’s visit to the site.

Please contact the Contracting Officer for further information about the site visit or to sign up for the tour:

Name: Maria R Doedtman

Address: 2300 Main St, Kansas City, MO 64108

Telephone: 816-807-5871

Email: maria.doedtman@gsa.gov

I.G. Receipt of Offers

Please send an electronic version via email of your VMO00246 Phase II Technical Proposal and VMO00246 Phase II Price Proposal to the email address below. In order to be considered for award, offers conforming to the requirements of the Solicitation must be received by Friday, February 25, 2022 by 3:00 PM Central Standard Time. Send your proposal through the email to Maria Doedtman, maria.doedtman@gsa.gov.

To prevent proposals from going to GSA spam folders, contractors are prohibited from submitting proposals as compressed file attachments (namely .exe files). Instead, when a proposal exceeds the maximum file size of 25 MB, the contractor is advised to divide the proposal into smaller attachments. The contractor is advised to send the smaller attachments in as few emails as practicable. In such a case, the subject line of the email must be numbered accordingly (e.g. email 1 of 3, email 2 of 3, etc.) to alert the CO of how many emails to anticipate from that contractor.

http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 mailto:maria.doedtman@gsa.gov

II. Proposals

II.A. Proposal Contents

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

1. Solicitation and Offer Form, price need not be included

2. Technical Proposal

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

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

1. Price Proposal Form

2. Solicitation and Offer Form

3. Representations and Certifications

4. Bid Guarantee, using Standard Form 24

5. Technical Proposal

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

7. Subcontracting Plan (for large businesses selected for Phase II proposals)

Please package the Technical Proposal by itself for each phase; all other requirements may be attached to the Price Proposal.

II.B. Price Proposal

(1) Contents

The Price Proposal shall consist of the fully executed Solicitation and Offer Form and the Price Form from this Contract Agreement with prices and/or rates indicated for each price element shown.

Note: Unless otherwise stated, only the Solicitation and Offer Form and the Price Proposal Form from Section II of this Contract Agreement, are to be submitted by the contractor as its 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 in its entirety and exclude the Offeror from further discussions.

II.C. Technical Proposal

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

PHASE I - Technical Evaluation Factors (30% of overall total score)

1. Relevant Past Experience (40% Weight)

2. Mgmt. Approach (35% Weight)

3. Relevant Past Performance (25% Weight)

PHASE II - Technical Evaluation Factors (70% of overall total score)

1. Project Management Plan (25% Weight)

2. Key Personnel (20% Weight)

3. Risk Assessment and Value Management (20% Weight)

4. Oral Interviews (15% Weight)

5. Project Schedule (10% Weight)

6. Small Business Industry Day (5% Weight)

7. Subcontracting Plan (5% Weight)

II.D. 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) Disclosure of Accounting Practices

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.

https://www.sam.gov/

(4) Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is required to be submitted with offers from large businesses selected for Phase II proposals.

II.E Electronic Proposal Submission

II.E.1 Proposals are required to be submitted in electronic format through a flash drive.

II.E.2 All files will be in PDF format unless otherwise noted. Files shall not be compressed or placed in ZIP directories. Files shall be named using the following naming convention:

<Company Name><File Name>.pdf

Examples: 123 Construction Co Price Proposal.pdf

123 Construction Co Technical Proposal.pdf

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

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

http://www.sba.gov/

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 a proposal have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the proposal contain the same information.

III.G. Bond Requirements

A bid guarantee is required to be submitted ninety (90) calendar days prior to the exercise of the Construction Option. The option award will require performance and payment bonds as specified in the Agreement. Proposers who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228- 11 Pledge of Assets.

III.H. Contractor Performance Information

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

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment. Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

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

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

(4) Contractor Representative (CR) Role: All evaluations will be sent 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 2.0

A. Overview of the IN-depth Feedback through Open Reporting Methods (INFORM 2.0)

Process

This solicitation is part of an initiative using the INFORM 2.0 process which is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM 2.0 seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM 2.0 process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting that is not required by statute or regulation. For purposes of this solicitation, 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 2.0 process as further discussed below.

B. Detailed Description of the INFORM 2.0 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 of Decision Statement (NODS)). 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 technical ranking, rating, or score, and the successful offeror that includes evaluated price.

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

Within three business days after receipt of the NODS, 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 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 NODS concludes the INFORM 2.0 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 2.0 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 2.0 process and any corresponding post award debriefing as further set forth at FAR 15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.216-1 Type of Contract

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

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

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

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

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

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

IV.C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

(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

12.7% 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: Missouri, Jackson County, Kansas City.

IV.D. FAR 52.225-10 Notice of Buy American Requirement—Construction Materials.

(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.

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

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

IV.E. Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Provision of this Solicitation, the following construction materials and components are excepted:

None.

IV.F. FAR 52.233-2 Service of Protest

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in the provision “Receipt of Offers” in Section I (General Information).

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

IV.G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

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 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://www.acquisition.gov/comp/far/index.html

NUMBER TITLE DATE

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

OCT 14

52.236-28 Preparation of Proposals - Construction OCT 97

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

IV.I. Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is required to be submitted with offers.

IV.J. FAR 52.217-5 Evaluation of Options

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).

V. Instructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition

(a) Definitions. As used in this provision.

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

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

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

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

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

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

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

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

(i) The solicitation number;

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

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

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

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

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

(v) Proposals may be withdrawn by written notice received at any time before award.

Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, https://www.acquisition.gov/far/html/52_215.html#wp1144511 if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

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

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

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

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

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

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

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

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

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed.in whole or in part.for any purpose other than to evaluate this proposal.