47PG1023R1072 Solicitation v1 20230906.pdf

Solicitation 47PG1023R1072

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Construction Contract for:

Region 6 Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Task Order Contract (MATOC) for Construction Services

The Solicitation

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Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.236-27 Site Visit – Construction G. Receipt of Offers

II. Proposals

A. Proposal Contents & Format B. Price Proposal C. Technical Proposal D. Other Information to be Submitted with Proposal E. Requirement of Joint Offerors

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Information H. Safeguarding and Dissemination of Controlled Unclassified Information

(CUI) Building Information

IV. FAR/GSAR Task Order Solicitation Provisions

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A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR 101-29

B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of

Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction E. Buy American Requirements F. Buy American Exceptions G. FAR 52.233-2 Service of Protest H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference I. GSAR Clause 552.102 Incorporating Provisions and Clauses J. GSAR 552.252-5 Authorized Deviations in Provisions K. Additional Provisions and Clauses

V. Instructions to Offerors and Clauses

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

B. Additional Clauses

VI. Method of Award

A. Evaluation of Offers B. Determination of Responsibility C. Price Analysis D. Unbalanced Prices E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offerors

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I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for an Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Construction Contract (MATOC) for design-bid-build, design-build, construction manager as constructor (CMc) services. The minimum and maximum ordering limit for each Task Order resulting from this Contract will range from $2,000 to the prospectus threshold (currently $3,613,000). GSA intends to award Contracts resulting in approximately 12 eligible Contractors for each geographic area below:

(a) Kansas City, Missouri and the State of Missouri West of Jefferson City and Columbia

(b) St. Louis, Missouri and the State of Missouri East of Jefferson City and Columbia

(c) State of Iowa (excluding Council Bluffs, IA)

(d) State of Nebraska (including Council Bluffs, IA)

(e) State of Kansas (including Kansas City, KS)

(2) Offerors can submit proposals for eligibility to compete for Task Orders in multiple geographic areas. Separate proposal evaluations are made for each geographic area.

Offerors with successful proposals in multiple geographic areas receive one Contract.

The Contract will state which areas were awarded.

(3) Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offerors, subject to the conditions set forth herein.

(4) 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.

(5) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No Contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B List of Solicitation Documents

The Task Order Solicitation Documents are comprised of:

1. The Solicitation

2. The Agreement and Attachments to the Agreement

3. Offeror Representations and Certifications

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

5. Supplement to SF1442- Price Proposal Form

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

7. Technical Proposal Submission Forms

I.C. Authorized Representatives

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

Contracting Officer’s Information

Name: Maria Doedtman Telephone: 816-807-5871 Email: maria.doedtman@gsa.gov

Contract Specialist Information Name: Skyler Danks Telephone: 314-312-8655 Email: skyler.danks@gsa.gov

I.D. Pre-Proposal Conference

Date: September 26, 2023 Time: 3:00 P.M. CST Location: Virtual Meeting ID: meet.google.com/jyx-dcwj-nsj

(US) +1 320-429-8262 PIN: 589 841 726#

(1) Attendance at the Pre-Proposal Conference is not mandatory to submit a proposal.

(2) For all questions regarding the pre-proposal conference or to request a reasonable accommodation due to a disability, contact Skyler Danks at 314-312-8655 or skyler.danks@gsa.gov.

(3) Submit questions related to the Solicitation to Skyler Danks at skyler.danks@gsa.gov by September 28, 2023. Answers will be provided on sam.gov by October 5, 2023.

I.E. Estimated Price Range

See the Agreement, paragraph I.E., Contract Value.

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

(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any Contract awarded as a result of this Solicitation and subsequent Task Orders.

http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

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I.G. Receipt of Offers

Electronic submission is mandatory. To be considered for award, offers conforming to the requirements of the Solicitation must be received via email no later than 12:00 P.M.

Central Time on October 16, 2023. Send your proposal to Skyler Danks at skyler.danks@gsa.gov with the subject line “IDIQ MATOC Proposal – Email # of #”.

To prevent proposals from going to GSA spam folders, Offerors 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 Offeror is advised to divide the proposal into smaller attachments. The Offeror is advised to send the smaller attachments in as many e-mails as practicable. In such 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 Offeror.

II. Proposals

(1) The Offeror’s proposal must include all data and information requested. Any Offeror who submits an incomplete package may be considered ineligible for award. Non-conformance with the instructions provided may result in an unfavorable proposal evaluation. Material contained in proposals that exceed the requisite page limit will be disregarded and not considered in the evaluation. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation. The proposal should not simply rephrase or restate the Government's requirements, but rather provide convincing, factually based explanation on how the Offeror intends to meet these requirements. Offerors shall assume the Government has no prior knowledge of their facilities and experience. The Government will base its evaluation on the information presented in the Offeror’s proposal, and the Government reserves the right to use any past performance information available to it. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions.

(2) Changes to the solicitation prior to the deadline for receipt of proposals will be executed via issuance of SF30. The SF30 will be posted and available on http://www.sam.gov under the announcement number of the Solicitation. Offerors are encouraged to check the Solicitation announcement regularly to verify issuance of amendments. Offerors shall acknowledge receipt of any amendment and provide confirmation upon submission of the Offeror’s proposal on the SF1442.

(3) Any unacknowledged amendments in the Offeror’s proposal will be considered a deficiency in the evaluation of the proposal.

II.A. Proposal Contents & Format

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(1) Offerors submitting proposals for multiple geographic areas submit one proposal;

however, the one proposal must include two subcontractor relationship submissions per geographic area.

(2) Proposals shall be submitted in electronic format only. Proposal file contents must be in the order indicated and use the prescribed file naming convention. Offerors submit proposals in two (2) PDFs as indicated below. Each submission is one (1) PDF with all required files.

(3) File I- Price and Responsibility

File Naming Convention: (Vendor Name - Price and Responsibility)

1 SF 1442 – Solicitation Offer and Award 2 Supplement to SF 1442- Price Proposal Form 3 GSA Form 527, Contractor’s Qualifications and Financial Information 4 Representations and Certifications 5 Evidence of Bonding Capacity 6 Qualifications, Exclusions and Conditions (If Applicable) 7 Joint-Venture Agreement and Mentor-Protégé Agreements (If Applicable)

(4) File II- Technical Proposal

File Naming Convention: (Vendor Name – Technical Proposal)

1 Two (2) Project Experience Forms 2 One (1) Page for Contract Management and One (1) Page for Contract Compliance 3 *Two (2) Past Performance Questionnaires (PPQ) 4 One (1) Page for Contract Manager and One (1) Page for Site Superintendent 5 Two (2) Subcontractor Agreements per Geographic Area

* Past Performance Questionnaires can come from Offeror or Client completing questionnaire.

(5) Submissions on nonconforming pages or beyond the limit will not be evaluated.

II.B. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442, Supplement to SF 1442- Price Proposal Form, and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Offerors must submit rates for each of the geographic areas they are competing in. The submission must include rates for the base and each option year.

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The SF 1442 must be fully executed by the Offeror by acknowledging any amendments to the solicitation in Block 19, completing blocks 20A and 20C, and signing block 20B.

(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

(1) The technical proposal must contain all necessary information to address the evaluation factors set forth in the solicitation. Offerors submitting proposals for multiple geographic areas only submit one technical proposal; however, the one proposal must include two subcontractor relationship submissions per geographic area. Pages beyond the number stated will not be evaluated.

(2) All pages in the technical proposal must comply with the standards provided in the solicitation. Mandatory forms are provided for Offeror use for every submission other than Subcontractor Relationships. Submissions on nonconforming pages or beyond the limit will not be evaluated.

Factor Submission Requirement Project Experience Two (2) Total Project Experience Forms

Management & Technical Approach Two (2) Total Forms

Past Performance Two (2) Total Past Performance Questionnaires

Qualifications of Key Personnel Two (2) Total Forms

Subcontractor Relationships Two (2) pages per geographic area

Socioeconomic Category Supplement to SF1442- Price Proposal Form

II.D. Other Information to Submit with Proposal

(1) Representations and Certifications: Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8).

(2) Proof of Bonding Capacity: Offerors must submit a letter of bonding ability on the Surety’s letterhead stating the Offeror has the bonding capacity for projects up to $2,000,000. Bonding capacity is part of the responsibility determination to assess the Offeror’s ability to provide an offer guarantee and performance and payment bonds sufficient to cover the maximum estimated value of a single project under this contract.

Failure to provide evidence of adequate bonding capacity will render the proposal unacceptable and will not be further evaluated.

https://www.sam.gov/

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(3) 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.

II.E. Requirements of Joint Venture Offerors

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

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

(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

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

III. General Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers but will not warrant that all such requests will be answered within 10 calendar days. Therefore, prospective Offerors should make such requests not less than 17 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

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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.D. Information Concerning the Disclosure of Solicitation Results

In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by FAR 15.503.

III.E. Affirmative Procurement Program

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

Refer to Clause FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

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

III.G. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

(2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as http://www.sba.gov/ http://www.cpars.gov/ http://www.cpars.gov/

Pages 11 of 34 well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

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

(4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award. Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date. GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

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

III.H. Safeguarding 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.

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part

101-29 (AUG 98)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 https://www.cpars.gov/webtrain.htm

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Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

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

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

IV.C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 14)

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

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

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

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

IV.D. 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:

(a) Kansas City, Missouri and the State of Missouri West of Jefferson City and Columbia

(b) St. Louis, Missouri and the State of Missouri East of Jefferson City and Columbia

(c) State of Iowa (excluding Council Bluffs, IA)

(d) State of Nebraska (including Council Bluffs, IA)

(e) State of Kansas (including Kansas City, KS)

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Goals for Minority Participation for Each Trade Goals for Female

Participation for Each Trade

Goals for each location can be found at:

https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf 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 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:

IV.E. FAR 52.225-10 Notice of Buy American Requirement—Construction Materials. (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used

Pages 14 of 34 in this provision, are defined in the clause of this solicitation entitled “Buy American— Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

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

(2) If evaluation results in a tie between an Offeror that requested the substitution of foreign construction material based on unreasonable cost and an Offeror that did not request an exception, the Contracting Officer will award to the Offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

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

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

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

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

or

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(ii) May be accepted if revised during negotiations.

IV.F. Buy American Exceptions

Buy American exceptions, if applicable, are determined at the Task Order level.

IV.G. FAR 52.233-2 Service of Protest (SEP 06)

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

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

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

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

NUMBER TITLE DATE

52.204-22 Alternative Line-Item Proposal JAN 17

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

52.215-16 Facilities Capital Cost of Money JUN 03

52.223-1 Biobased Product Certification MAY 12

52.223-4 Recovered Material Certification MAY 08

52.216-27 Single or Multiple Awards OCT 95

52.217-5 Evaluation of Options JUL 90

52.204-7 System for Award Management OCT 18

52.204-16 Commercial and Government Entity Code Reporting AUG 20

52.204-8 Annual Representations and Certifications MAR 23

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NUMBER TITLE DATE

52.204-17 Ownership or Control of Offeror AUG 20

52.204-18 Commercial and Government Entity Code

Maintenance

AUG 20

52.204-20 Predecessor of Offeror AUG 20

52.204-24 Representation Regarding Certain

Telecommunications and Video Surveillance Services or Equipment

NOV 21

52.204-26 Covered Telecommunications Equipment or

Services-Representation

OCT 20

52.236-28 Preparation of Offers-Construction OCT 97

52.236-27 Site Visit (Construction) FEB 95

52.222-38 Compliance with Veterans’ Employment Reporting

Requirements

FEB 16

52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals-Representation

DEC 16

52.209-7 Information Regarding Responsibility Matters OCT 18

52.209-11 Representation by Corporations Regarding

Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 16

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations-Representation

NOV 15

52.232-13 Notice of Progress Payments APR 84

IV.I. GSAR Clause 552.102 Incorporating Provisions and Clauses

This solicitation incorporates one or more solicitation provisions and clauses 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.J. GSAR 552.252-5 Authorized Deviations in Provisions (Nov 2021) (DEVIATION

FAR 52.252-5)

(a) Deviations to FAR provisions. This solicitation identifies any authorized deviation to a Federal Acquisition Regulation (FAR) (48 CFR chapter 1) provision by—

(1) The addition of “(DEVIATION)” after the date of the FAR provision when an authorized deviation to a FAR provision is being used, and

(2) The addition of “(DEVIATION FAR (provision number))” after the date of the

GSAR provision when a GSAR provision is being used in lieu of a FAR provision.

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(b) Deviations to GSAR provisions. This solicitation identifies any authorized deviation to a General Services Administration Acquisition Regulation (GSAR) (48 CFR chapter

5) provision by the addition of “(DEVIATION)” after the date of the provision.

(c) “Substantially the same as” provisions. Changes in wording of provisions prescribed for use on a “substantially the same as” basis are not considered deviations.

IV.K. Additional Provisions & Clauses

552.236-74 Evaluation of Options MAR 19

552.236-77 Government's Right to Exercise Options MAR 19

552.236-15 Schedules for Construction Contracts MAR 19

536.506-6 Superintendence by the Contractor MAR 19

552.236-11 Use and Possession Prior to Completion MAR 19

552.236-15 Schedules for Construction Contracts MAR 19

552.236-21 Specifications and Drawings for Construction MAR 19

552.236-70 Authorities and Limitations MAR 19

552.236-71 Contractor Responsibilities MAR 19

552.236-72 Submittals MAR 19

552.236-73 Subcontracts APR 84

552.204-9 Personal Identity Verification Requirements APR 23

552.215-73 Notice JUL 16

V. Instructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (NOV 2021)

(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.

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“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.

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(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

Pages 20 of 34 an authorized representative, 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. If, however, a contract is awarded to this Offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract.

This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

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(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible Offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306(a)).

Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the Offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with Offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more-line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful Offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

Pages 22 of 34

(11) If a post-award debriefing is given to requesting Offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed Offeror and past performance information on the debriefed Offeror.

(iii) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful Offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

V.B. Additional Clauses

52.216-18 Ordering AUG 20

52.216-19 Order Limitations OCT 95

52.216-22 Indefinite Quantity OCT 95

52.236-2 Differing Site Conditions APR 84

52.236-3 Site Investigation and Conditions Affecting the Work APR 84

52.236-5 Material and Workmanship APR 84

52.236-6 Superintendence by the Contractor APR 84

52.236-7 Permits and Responsibilities NOV 91

52.236-8 Other Contracts APR 84

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 84

52.236-10 Operations and Storage Areas APR 84

52.236-11 Use and Possession Prior to Completion APR 84

52.236-12 Cleaning Up APR 84

52.236-13 Accident Prevention NOV 91

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NUMBER TITLE DATE

52.236-14 Availability and Use of Utility Services APR 84

52.236-15 Schedules for Construction Contracts APR 84

52.236-17 Layout of Work APR 84

52.236-21 Specifications and Drawings for Construction FEB 97

52.236-26 Preconstruction Conference FEB 95

52.236-27 Site Visit (Construction) FEB 95

52.217-9 Option to Extend the Term of the Contract MAR 00

52.219-6 Notice of Total Small Business Set-Aside NOV 20

52.219-14 Limitations on Subcontracting OCT 22

52.219-13 Notice of Set-Aside of Orders MAR 20

52.222-6 Construction Wage Rate Requirements AUG 18

52.222-7 Withholding of Funds MAY 14

52.222-8 Payrolls and Basic Records JUL 21

52.222-9 Apprentices and Trainees JUL 05

52.222-10 Compliance with Copeland Act Requirements FEB 88

52.222-11 Subcontracts (Labor Standards) MAY 14

52.222-12 Contract Termination-Debarment MAY 14

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

MAY 14

52.222-14 Disputes Concerning Labor Standards FEB 88

52.222-15 Certification of Eligibility MAY 14

52.222-35 Equal Opportunity for Veterans JUN 20

52.222-37 Employment Reports on Veterans JUN 20

52.222-50 Combating Trafficking in Persons NOV 21

52.222-30 Construction Wage Rate Requirements-Price Adjustment

(None or Separately Specified Pricing Method)

AUG 18

52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

SEP 13

52.223-17 Affirmative Procurement of EPA-designated Items in

Service and Construction Contracts

AUG 18

52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons

JUN 16

Pages 24 of 34

NUMBER TITLE DATE

52.223-21 Foams JUN 16

52.223-6 Drug-Free Workplace MAY 01

52.204-9 Personal Identity Verification of Contractor Personnel JAN 11

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 20

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities

NOV 21

52.204-27 Prohibition on a ByteDance Covered Application JUN 23

52.209-5 Certification Regarding Responsibility Matters AUG 20

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

NOV 15

52.209-6 Protecting the Government’s Interests when

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 21

52.232-5 Payments under Fixed-Price Construction Contracts MAY 14

52.232-16 Progress Payments NOV 21

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 22

52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 22

VI. Method of Award

VI.A. Evaluation of Offers

(1) The approach to source selection for this procurement is pursuant to the best value tradeoff concept as identified in FAR Part 15.101-1 and FAR Part 15.3. It is the Government’s intention to award Contracts to the Offerors whose proposals conform to the solicitations requirements and are most advantageous to the Government, price and technical factors considered. Competitive proposals shall be evaluated and assessed based on the factors specified in this solicitation. All technical evaluation factors, when combined, are significantly more important than price.

(2) The intent is to award Contracts resulting in approximately 12 eligible Contractors per geographic area; however, the Government reserves the right to deviate from that number based on the quality of proposals received.

(3) At a minimum, successful Offers shall meet the following requirements:

a. “Satisfactory” rating when aggregating all technical evaluation factors.

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b. Price submission determined fair and reasonable.

c. Evidence of $2,000,000 bonding capacity.

(4) The evaluation criteria have been tailored to this acquisition. The evaluation criteria represent key areas of importance and emphasis to be considered in the source selection decision and are intended to support meaningful comparison and discrimination between and among competing…