RMO22861 Bolling Roof Fall The Solicitation.pdf

Roof Replacement and Roof Fall Protection Task Order - The Solicitation Bolling FB 601 E 12th St. KCMO Project RMO22861

The Solicitation 1

Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) Task Order Contract for Construction Services for the states of Iowa, Kansas, Missouri, and Nebraska

(GSA, PBS Region 6)

TASK ORDER SOLICITATION

Richard C. Bolling Building 601 East 12th St.

Kansas City, Missouri 64106

Roof Fall Protection and Lead Abatement Project Project No. RMO22861

The Solicitation 2

Table of Contents

I. General Information

A. The Solicitation and the Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee G. FAR 52.236-27 Site Visit - Construction H. Receipt of Offers

II. Proposals

A. Contents of Proposal B. Price Proposal C. Technical Proposal D. Electronic Proposal Submission

III. Solicitation Provisions

A. General Provisions B. FAR/GSAR Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions

A. Buy American Act B. Buy American Exceptions

V. Instructions to Offerors and Clauses

A. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUGUST 2020)

B. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUGUST 2019)

C. GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (DEVIATION I) (AUG 2019)

VI. Method of Award

A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness D. Unbalanced Prices E. Total Evaluated Price F. Non-Price Factors G. Negotiations

The Solicitation 3

SECTION I - General Information

I.A The Solicitation and Contract

I.A.1 This Solicitation sets forth requirements for proposals for a Task Order, issued against the Region 6 (R6) Multiple-Award, Indefinite Delivery Indefinite Quantity (IDIQ) Task Order Contract for Construction Services, to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Task Order to the selected Offeror, subject to the conditions set forth herein.

I.A.2 The Solicitation shall not be part of the Task Order. An Offeror’s proposal shall not be part of the Task Order except to the extent expressly incorporated therein by the Contracting Officer.

I.A.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, and delivered to the Contractor a copy of the GSA 300 (signed by the Contracting Officer), the Solicitation and Offer Form (signed by the Contractor), and the pricing form included in Section II of the Agreement, reflecting the Offeror's proposed prices.

I.A.4 Task Order Method

Method 3 DB - 1-100% design documents will be provided to the contractors. Scope of work drives design concept. Contractors submit a firm fixed price.

I.B List of Solicitation Documents

The Solicitation Documents are comprised of:

1. The Task Order Solicitation

2. Offeror Representations and Certifications Form (C301)

3. Other Forms Required For Submission with Proposals

4. Solicitation and Offer Form

5. The Task Order Agreement and all Attachments to the Agreement

6. R6 IDIQ MATOC for Construction Services - The Agreement (not provided with this Solicitation)

I.C Authorized Representatives

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

I.C.1 Contracting Officer

Name: Charla R. Ford Email: charla.ford@gsa.gov

I.C.2 Alternate Point of Contact

Name: Denton Nichols Email: denton.nichols@gsa.gov

I.D Pre-Proposal Conference

I.D.1 A pre-proposal conference regarding this Solicitation is scheduled as follows:

Date: July 13th

The Solicitation 4

Time: 11:00am Location: Bolling Federal Building, Kansas City, MO

I.D.2 Contractors are to submit any questions generated during the site visit or review of documents in writing to the Project Manager and Contracting Officer before the close of business July 8, 2021.

Responses to questions will be assembled and disseminated to all interested contractors by close of business July 20, 2021.

I.D.3 Interested parties may notify the Contracting Officer for further information about attendance and to confirm location, time, and date. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.E Estimated Price Range

The estimated price range for the Project is between $500,000.00 and $2,500,000.

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

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

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

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

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price.

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

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

(End of provision)

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

See the R6 IDIQ MATOC for Construction Services – The Agreement, paragraph I.D., for further information concerning site visits.

I.G.1 Site visit will be held at the following date and time:

Date: July 13, 2021 Time: 11:00am

I.H Receipt of Offers

Electronic submission is mandatory. In order to be considered for award, offers conforming to the requirements of the Solicitation must be received via email no later than 3:00 pm, Central Time on August 5, 2021. Send your proposal via email to charla.ford@gsa.gov. Subject line is to include “PRICE

PROPOSAL (RMO22861)

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

The Solicitation 5 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 many e-mails as practicable. In such a case, the subject line of the e-mail must be numbered accordingly (e.g. E-Mail 1 of 3, E-Mail 2 of 3, etc.) to alert the CO and/or CS of how many e-mails to anticipate from that contractor.

Note: One hard copy (SF 24) required for authentication to follow electronic submission to arrive by close of business August 3, 2021. Send to:

General Services Administration PBS Design & Construction Division (6P1QW) Attn: Jason Taylor 2300 Main St., 7th Floor Kansas City, MO 64108

The Solicitation 6

SECTION II - Proposals

II.A Proposal Contents

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

1. Price Proposal (Supplemental Proposal Breakout Sheet)

2. Representations and Certifications (C301)

3. Bid Guarantee, using Standard Form 24

4. Technical Proposal

II.B Price Proposal

II.B.1 Contents

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

Note: Unless otherwise stated, only the Solicitation and Offer Form and the pricing form from Section II of this Task Order Agreement, are to be submitted by the contractor as their Price Proposal.

II.B.2 Qualifications, Exclusions and Conditions

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

II.C Technical Proposal

II.C.1 The Technical Proposal shall include the information requested below for the Technical Evaluation and described in Section V.A.1.

1. Form 1 – Project Experience and Past Performance

2. Form 2 – Project Plan

3. Project Schedule

II.D Other Information to be Submitted with Proposal

II.D.1 Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management (SAM), accessed via https://www.sam.gov. 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).

II.E Electronic Proposal Submission

II.E.1 Proposals are required to be submitted in electronic format through electronic mail.

The Solicitation 7

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

The Solicitation 8

SECTION III - Solicitation Provisions

III.A General Provisions

III.A.1 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.A.2 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 will not warrant that all such requests will be answered. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.A.3 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) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.A.4 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 made available until after award except as provided by FAR 15.503.

III.A.5 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 clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

III.A.6 Notice Concerning Preparation of Proposals

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

III.A.7 Safeguarding Documents Designated as Sensitive But Unclassified

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

The Solicitation 9

III.A.8 Provision Fill-ins

III.A.8(a) FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

12.7%

6.9%

These goals are applicable to all 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 Jackson County, Kansas City, Missouri.

III.B FAR/GSAR Solicitation Provisions

III.B.1 FAR 52.216-1 Type of Contract (APR 84)

The Government contemplates award of a Firm-Fixed-Price task order resulting from this solicitation.

III.B.2 52.222-5 – Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)

The Solicitation 10

(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. (End of Provision)

III.B.3 Protest

In accordance with FAR 16.505(10)(i) a protest cannot be made concerning the issuance or proposed issuance of a task order under this IDIQ contract with the following exceptions:

A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or

(B) A protest of an order valued in excess of $10 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at FAR 33.104.

III.B.4 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98)

The following provisions are applicable to all Task Order solicitations issued as a result of this contract.

Fill-in information required by the provision will be provided in the task order.

Task Order solicitations incorporate 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:

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

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English Language APR 91

52.215-1 Instructions to Offerors -- Competitive Acquisition. JUN 04

52.215-16 Facilities Capital Cost of Money JUN 03

52.223-1 Biobased Product Certification MAY 12

52.223-4 Recovered Material Certifiation MAY 08

52.236-28 Preparation of Proposals—Construction OCT 97

The Solicitation 11

SECTION IV - Buy American and Additional Solicitation Provisions

IV.A Buy American

For this task order the most current Buy American provision and associated alternate, at the date of solicitation, applies. The appropriate provision and/or alternate are determined by the dollar value at award:

FAR 52.225-10, Notice to Buy American Act Requirement – Construction

FAR 52.225-12, Notice of Buy American Act Requirement—Construction Materials under Trade Agreements

IV.B 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

The Solicitation 12

SECTION V – Instructions to Offerors and Clauses

V.A. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

The Solicitation 13

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

V.B FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this clause— Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications

The Solicitation 14 equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

The Solicitation 15

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: the contract number;

the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of clause)

Note: The representation in GSAR 552.204-70 does not need to be completed by the offeror prior to award.

V.C GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (DEVIATION I) (AUG 2019)

(a) Definitions. As used in this clause- “Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

The Solicitation 16

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. [Contractor to complete and submit to the Contracting Officer] The Offeror or Contractor represents that it [ ] will or [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract, order, or other contractual instrument resulting from this contract. This representation shall be provided as part of the proposal and resubmitted on an annual basis from the date of award.

(d) Disclosures. If the Offeror or Contractor has responded affirmatively to the representation in paragraph (c) of this clause, the Offeror or Contractor shall provide the following additional information to the Contracting Officer--

(1) All covered telecommunications equipment and services offered or provided (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

SECTION VI - Method of Award

VI.A Evaluation of Offers

The award may be made without negotiations of proposals. Therefore, offerors are requested to initially submit proposals to the Government on the most favorable terms from a technical and price standpoint.

VI.A.1 Technical Evaluation

The Government will award a task order resulting from this Solicitation to the responsible Offeror whose offer conforming to the Solicitation will be the best value to the Government, Total Evaluated Price and other factors considered. In addition to Total Evaluated Price, the following non-price factors shall be used to evaluate offers:

EVALUATION CRITERIA ELEMENT PERCENTAGE WEIGHT

1. Experience and Past Performance 50%

2. Project Work Plan 30%

3. Project Schedule 20%

Total 100%

Non-Price Factors, when combined, are significantly more important than in importance to Total Evaluated Price.

The Solicitation 17

The “best value concept” will be used for selecting the contractors. The best value concept is a method of evaluating price and other factors specified in the solicitation with the goal being to select the proposals that offer the best value to the Government.

Each proposal shall be evaluated against the evaluation standards. Following the evaluation, an assessment of all proposals received will be made to determine which offeror represents the best value to the Government.

The Government intends to award one task order to the responsible offeror whose offer conforms to the solicitation and is most advantageous to the Government, price and technical factors considered.

Technical Evaluation Factors and Proposal Content

FACTOR A: Experience and Past Performance Points: 50 Max Score = 50 (25 Per Project)

Description: This factor considers the Offeror’s experience in pre-planning and execution of similar projects, identifying potential risks (risks they do not control on a project that is being competed), how they minimize such risks, how efficiently they plan the work, how efficiently they execute the work (scheduling), did they meet their completion date, did they remain within their budget and overall client satisfaction. Projects completed by an offeror’s subcontractor are acceptable for this factor.

The two projects will be rated individually with 25 points possible for each project. Using Form 1, included in The Solicitation, offerors shall submit one form for each project to include the following items, in a non-technical as possible manner:

1. The Offeror shall submit, not exceeding two (2) pages per project, detailed descriptions of two

(2) completed projects for evaluation, with a contact/reference for each project. All projects shall have been completed within the last five (5) years. Projects shall be identified by the Offeror as being “Similar” (as defined below) in size, scope, and complexity to the requirements provided in the specifications. Projects shall be identified as being completed in a “Quality” (as defined below) manner. The Offeror is responsible for demonstrating how projects they deem “Similar” are in-fact comparable in size, scope, and complexity. The Offeror is responsible for demonstrating how projects they deem “Quality” were in-fact delivered in a timely manner, within established budgets, and to the customer’s satisfaction.

a. One (1) project submitted as “Similar” shall be defined for evaluation purposes as a mechanical repair or alteration project in an occupied commercial/government office space. The project shall demonstrate contractor’s ability to work around a functioning office space with minimal disturbances. The project shall also demonstrate flexibility in working with occupant schedules.

b. One (1) project submitted as “Similar” shall be defined for evaluation purposes as a mechanical renovation in an occupied, commercial/government office in which the scope required a complex technical solution. The project shall demonstrate the contractor’s ability to plan and strategize around technical risks/obstacles to deliver an excellent product.

2. Offeror shall be evaluated on the completeness of Form 1 providing General Project Data, Specific Project Data and a detailed Project Narrative and Project References.

The standard is “met” when: Submitted projects were “Similar” and completed in a “Quality” manner within the last five (5) years as evidenced by the offeror’s written responses and all performance references/evaluations.

Note: A neutral score will be given to offerors without Past Performance evaluations, per FAR.

The Solicitation 18

The term “Quality” for evaluation purposes is defined as meeting or exceeding the customer’s requirements as set forth in the construction contract documents, (i.e., drawings and specifications) in a timely manner and within established budgets. It is also evidenced by receiving satisfactory performance references.

Evaluation of past performance is not limited to the projects or reference submitted. The

Government is not limited to contacting only those references provided by the offeror. The

Government may also consider the offeror’s performance on contracts not submitted by the offeror that the Government is aware of or becomes aware of.

The General Services Administration, Public Buildings Service, is using the Contractor Performance Assessment Reporting System (CPARS) modules 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. If needed the CPARS may be used to evaluate past performance on additional projects that the contractor has completed.

FACTOR B: Project Work Plan Points: 30 Max Score = 30

Description: This factor considers the Project Work Plan that the contractor proposes to successfully perform the work associated with this task order. This project poses unique challenges due to confined spaces in the mechanical shaft. The Government expects the contractor to have a plan for completing this work efficiently while minimizing costs and tenant disruption. Using Form 2, included in The Solicitation, the Offeror shall submit the following:

1. A written plan, not exceeding 3 pages, consisting of a narrative explanation of how the contractor intends to perform the work, manage subcontractors, and mitigate risks, so as to complete the project. The plan shall consist of the following elements: a) overall project plan,

b) management of project risks and c) management of work in and around tenant activities.

Specific criteria that must be addressed in the plan to meet each element standard follows:

a. Overall Project Plan: A narrative explanation of how the contractor intends to perform the work and manage subcontractors, so as to minimize disruption to building operations and tenants during construction and warranty period of the contract. Project plan shall address how they intend to phase and deliver the project, including long lead items, including the contractor’s proposed optimal schedule, and propose routing that best accommodates the existing conditions.

b. Management of Project Risks: Key risks to the project are identified and it is discussed how and what efforts are made to mitigate these risks. Any long lead items shall be identified and a plan to address stated.

c. Management of Work in and Around Tenant Activities: The plan provides procedures to mitigate disruption to routine tenant functions as well as mitigation efforts to be used to reduce tenant exposure to odors, noise, dust, and outside elements.

The standard is “met” when: The offeror has responded to the above requirements and provided detailed descriptions that evidence the firm understanding of the project, risk mitigation, and their satisfactory approach to provide value to the customer and project in performance of construction work.

FACTOR C: Project Schedule Points: 20 Maximum Score = 20

The Solicitation 19

Description: This factor considers the Project Schedule that the contractor proposes to successfully perform the work associated with this task order. The Government expects the contractor to have a plan for completing this work efficiently while minimizing costs and tenant disruption.

1. To meet the schedule requirement GSA requires that replacement of the condenser piping to be completed within 90 calendar days or less from Notice to Proceed and no later than 2/22/2020.

This factor considers an Offeror’s realistic schedule to meet this timeline. Offeror should supply not only construction and commissioning calendar days but identify the critical path from notice to proceed to substantial completion. Offerors shall submit a construction schedule for the project.

a. Provide a separate time bar for each significant submittal and construction activity.

b. Schedule shall be time-scaled in not more than weekly increments, with the dates of the first day of each week indicated.

The standard is “met” when: The offeror has responded to the above requirements and provided a schedule with enough detail to show an understanding of the project requirements.

The contractors schedule provides completion date within 90 calendar days or less.

VI.B Determination of Responsibility

V.B.1 In order to be considered responsible, an Offeror must demonstrate that it meets the requirements of FAR 9.104-1. The Contracting Officer's determination of an Offeror's responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer, and is independent of the evaluation of offers set forth herein.

VI.C Price Reasonableness

All offers must include reasonable prices. The Contracting Officer may reject all offers containing prices determined to be unreasonably high or low.

VI.D Unbalanced Prices

All offers must include balanced prices. If this Solicitation requires unit prices, option prices, or bid rates, the Contracting Officer may reject any proposal determined to be unbalanced with respect to such prices or rates. A proposal may be deemed unbalanced if the Base Offer Price, unit prices, option prices or bid rates vary so markedly from either the Government estimate or the range of such prices contained in competing offers as to materially reduce the effectiveness of the Total Evaluated Price formula in determining the potential cost of an offer in comparison to other, balanced, offers.

VI.E Total Evaluated Price

Evaluation of price will consist of the summation of the Base Offer, Line Item 1, and Line Item 2.

VI.F Non-Price Factors

VI.F.1 Experience

(a) Experience will be evaluated as an indicator of the Offeror's capacity to perform the Contract contemplated by this Solicitation.

(b) Experience will be evaluated on the basis of information submitted by the Offeror indicating completion of projects of similar size, complexity, and scope. If the Offeror materially misrepresents information relating to its experience, the Contracting Officer may reject the proposal.

VI.F.2 Past Performance

The Solicitation 20

(a) Past performance will be evaluated as a predictor of the Offeror’s compliance with contract requirements and overall quality of performance.

(b) Past performance will be evaluated on the basis of information received by the Contracting Officer concerning the Offeror's performance on other contracts, including information not submitted by the Offeror. If the Contracting Officer becomes aware of required past performance information omitted from the Offeror's proposal, the Contracting Officer may draw a negative inference from the omission of such information.

VI.G Negotiations

This Task Order is using ordering procedures stated in FAR Part 16. Offerors are requested to submit initial proposals to the Government providing the most favorable terms from a technical and price standpoint, since the award may be made without discussions. “Fair opportunity”, as stated in FAR 16.505(b)(1) is given to all IDIQ contract holders by allowing eligible contractors to submit a proposal that is initially evaluated considering task order specific requirements.

Only those Offerors with proposals having a reasonable chance of being selected for award will be invited to participate in negotiations. Any Offeror deemed not having a reasonable chance for award of this task order will be removed from further consideration; these Offerors will be notified in writing that their proposals are not considered competitive. If the Contracting Officer determines that negotiations are necessary prior to award, the Contracting Officer will conduct negotiations/discussions with the remaining offerors. Upon completion of all negotiations the Government will request revised final proposals.

PCN RMO22861 Bolling Roof Fall

Document: C301/ NOVEMBER 2020 (Offeror Representations and Certifications) Page 1 of 12

Offeror Representations and Certifications

1. FAR 52.204-8 Annual Representations and Certifications (DEVIATION AUG 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220 (Commercial and Institutional Building Construction).

(2) The small business size standard is $39.5 million average annual receipts [insert size standard].

(3) The small business size standard…