San_Antonio_Courthouse_BDB_Solicitation_Phase_I.pdf

GSA Solicitation No. 47PH0817CLLL

Design Build Contract for the New U.S. Courthouse – San Antonio, TX

The Solicitation, Phase 1 – Request for Qualifications

552.219-71 Notice to Offerors of Subcontracting Plan Requirements (MAR 2012)

The General Services Administration (GSA) is committed to ensuring maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $700,000 ($1,500,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

Notice of Equal Employment Opportunity (EEO) Compliance Plan

GSA has partnered with the Department of Labor to ensure compliance with equal employment opportunity requirements that apply to this project. An EEO Compliance Plan is required after the award.

Notice of Commercial Package Carriers

Because of increased security standards, commercial package carriers may experience delays in making deliveries to the address designated for receipt of offers. United States Mail delivered to Government offices in the Washington, DC area is subject to irradiation, significantly delaying deliveries and potentially damaging or defacing mail contents. Offerors should take these facts into consideration when determining how and when to transmit offers to the office designated for receipt.

Table of Contents

I. General Information

A. The Project B. The Solicitation and Contract C. List of Phase 1 Solicitation Documents

D. Authorized Representatives

E. Pre-Proposal Conference

F. Estimated Price Range/Budget Amount G. Questions Regarding Phase 1

H. Receipt of Qualifications

II. Proposals

A. Proposal Contents B. Proposal Format C. Technical Proposal D. Other Information to Submit with Proposal E. Requirements for Joint Venture Offerors

III. General Provisions

A. Availability of Funds B. Request for Clarification C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Bond Requirements (Phase 2 Requirement) H. Contractor Performance Information I. Safeguarding Documents Designated as Sensitive But Unclassified J. Additional Security Requirements

IV. FAR/GSAR Solicitation Provisions

To be issued in Phase 2

V. Additional Solicitation Provisions and Instructions

A. Additional Provisions B. Additional Clauses C. FAR 52.222-62 Paid Sick Leave

VI. Method of Award

A. Evaluation of Phase 1 Proposals

B. Evaluation of Phase 2 Proposals

C. Determination of Responsibility

D. Price Reasonableness / Price Realism

E. Unbalanced Prices

F. Total Evaluated Price

G. Non-Price Factors

H. Evaluation of Joint Venture Offerors

I. General Information

I.A. The Project

This project is for the bridging design and construction of a new U.S. Courthouse in San Antonio, TX.

I.B. The Solicitation and Contract

(1) This procurement is being conducted using the two-phase selection process found in FAR 36.3. Qualification proposals will be evaluated in Phase I to determine which offerors will submit proposals for Phase II. One contract will be awarded using competitive negotiation.

In Phase I, GSA will select a short list of the most highly qualified offerors and request those offerors submit Phase II proposals. All responsible sources may submit a Phase I proposal.

A maximum of three (3) firms will be selected to submit Phase II proposals. Only those selected offerors are authorized to submit Phase II proposals. Those offerors not selected for participation in Phase II will be notified. In Phase II, Offerors may submit a price proposal subject to the Project Labor Agreement (PLA) requirements set forth in the Phase II solicitation (a PLA proposal), a price proposal not subject to the PLA requirements set forth in the Phase II solicitation, or both. Any price proposal submitted in Phase II shall clearly identify whether it is subject to such PLA requirements.

(2) This Solicitation sets forth requirements for Phase I qualifications, proposals and the evaluation factors for Phase II proposals for a Contract to construct the Project. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein. In consideration for the preparation of the Phase II proposal, GSA will pay a stipend of $20,000.

(3) 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.

I.C. List of Phase I Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation - Phase I

(2) Offeror Representations and Certifications Form

(3) Standard Form (SF) 1442 – Solicitation Offer and Award

(4) The Agreement

(5) The Scope of Work, Drawings, Exhibits and other Attachments to the Agreement

I.D. Authorized Representatives

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

Name: Lisa B. Byrd, Contracting Officer Address: General Services Administration 819 Taylor Street, Rm. 12B-379 Fort Worth, TX 76102-6105 Telephone: 817/978-2714 Email: lisa.byrd@gsa.gov mailto:lisa.byrd@gsa.gov

Name: Tim Thury

819 Taylor Street, Rm. 12A-315 Fort Worth, TX 76102-6105

Telephone: 817/978-4315

Email: tim.thury@gsa.gov

I.E. Pre-Proposal Conference

(1) A pre-proposal conference regarding this Solicitation is scheduled as follows:

Date: December 18, 2017 Time: 1:00p.m. (Central Time)

Location: Adrian A. Spears Judicial Training Center, Room A 643 E. Cesar E. Chavez Blvd, San Antonio, TX

(2) Interested parties must 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.F. Estimated Price Range or Budget Amount

The estimated price range for the Project is between $110,000,000 and $121,000,000.

I.G. Questions Regarding Phase I Submit all questions regarding Phase I to the Contracting Officer no later than January 8, 2018.

Any responses provided by GSA will be posted on FedBizOpps as an Amendment to the Solicitation.

I.H. Receipt of Qualifications

(1) In order to be considered for Phase II and award, Phase I qualifications proposals conforming to the requirements of this Solicitation must be received at the following office no later than 3:00p.m. local time on the following date and at the following address:

Date: January 18, 2018

Attn: Ms. Lisa B. Byrd 819 Taylor Street, Rm. 12B-379 Ft. Worth, TX 76102-6105

(2) All submittals must clearly indicate the solicitation number.

(3) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers. Offers sent by facsimile will not be accepted.

(4) Offers sent by United States Mail shall be deemed timely if delivered to the address of the office designated for receipt of offers on or before the date established for receipt of offers.

mailto:tim.thury@gsa.gov

II. Proposals

II.A. Proposal Content

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

(1) Technical Proposal

(2) Other Documents as Required

II.B. Proposal Format

Firms responding to the Phase I solicitation notice shall submit one (1) original and two

(2) copies of the required technical information. The submission should be organized to correspond with the evaluation factors listed below. Standard Form 330 is not required.

The total submission should not exceed 25 doubled-sided, 8-1/2”x 11” pages. The cover letter, Table of Contents and Section Dividers are excluded from this page count.

II.C. Technical Proposal

Proposals must address the technical approach, technical qualifications and the other Phase I evaluation factors stated herein. Any proposal that does not meet all of the following criteria will be rejected as unresponsive.

(1) Technical Approach (general approach) The Government is concerned with the Offeror’s understanding of the project requirements and the management approach. The Offeror shall submit a written plan addressing the following:

● Offerors shall describe their approach to managing and delivering a project of the magnitude and complexity of THIS project under budgetary and time constraints.

The description shall include a discussion of offeror’s approach to managing the project to meet or exceed performance criteria, on schedule and within budget. Offerors should include discussions of how the schedule for the project will be met while, at the same time, managing any changes that may occur. Offerors previous experience in managing to achieve LEEDS certification shall also be presented. Offerors must address the capability to perform the work.

● Offerors shall identify what they believe are the most significant risks associated with this project. Such risks should include matters that jeopardize performance within budget and schedule limitations. Offerors shall provide a description of how they propose to manage and mitigate those risks. Offerors shall describe examples of successfully managing similar risks on previous projects. Offerors shall also describe their long-range plans for securing and maintaining the resources necessary to complete the project. Resources discussed should include key manpower, availability of personnel having current security clearance, equipment and material. Discussion should indicate if these resources will come from in-house or from major subcontractors for foundations, selective demolition, structural, mechanical and electrical portions of the work.

● Offerors shall provide an organization chart for their team for this project showing organizational positions – only key personnel names are required. This chart shall show lines of authority within the project team, between the project team and its corporate organizations and between the project team and the Government.

● Offerors shall provide a Design and Construction Quality Control Plan (QCP) tailored to THIS Project. The QCP shall contain Offeror’s methodology for controlling quality during both design and construction. The Plan shall also demonstrate the Offeror’s understanding of the high level of quality expected due to the nature of the historically significant building and the means by which the Design-Build Contractor will attain the quality throughout both the design and construction portions of the Work.

● Offerors shall provide a Management Plan for the Project that explains how the various team members will work together and the methodology and processes for managing this entire Project. The Plan shall describe the process during design for solving the technical, functional and constructability issues while maintaining the design intent and obtaining approvals. The Plan shall discuss the method of coordination with GSA.

The Plan shall refer to the use of schedules and cost control systems. The Plan shall also discuss how the Offeror will ensure Government and other necessary permits and approvals are received for this Project in a timely manner so that the completion date of the construction is not delayed.

● Offeror shall provide a project schedule narrative and a project schedule of 200 to 400 activities in CPM network format. The proposed schedule will run from the contract award date through the required date for substantial completion of construction and all punch list items. The network logic shall be linked and the logic shall show the general management approach to designing and constructing the Project.

(2) Specialized experience and technical competence Design Team Qualifications. Demonstrate the proposed TEAM has the relevant key individual professional qualifications, including professional registrations and experience necessary for this project. Show the TEAM has the required leadership and experience to be responsive to the requirements of this contract, especially concerning the overall Design Project Manager.

All Lead Design professionals (mechanical, electrical, structural, architectural, etc.) must have a minimum of 10 years experience.

(3) Past Performance of team (including the architect-engineer and construction members) The offeror demonstrates itself as a Design Builder/Constructor providing verifiable information and references for at least one (1) similar project completed over the last ten (10) years.

For this project, ”similar” is defined as Design-Build or Design-Build Bridging projects of multi-story (3-story minimum) construction containing a minimum of 200,000 gross square feet and a minimum construction cost of $75M. These structures can include courthouses and Class A office space. Particular emphasis is placed on proposals that demonstrate experience of the total project. Proposals demonstrating bridging or design-build delivery, federal courthouse experience and/or projects in an urban environment, shall be judged more favorably than proposals reflecting less experience. Projects in which the primary function is to serve as a residence, such as condominium or apartment complexes, dormitories and projects in which the primary function is retail, such as shopping malls, big box stores and strip malls, will not be considered similar for the purposes of this evaluation.

II.D. Other Information to Submit with Proposal

(1) Proof of Registration in the System for Award Management (https://www.sam.gov)

(2) Proof of Bonding Capacity to $121,000,000.

II.E. Requirements for Joint Venture Offerors

(1) All offers submitted by joint ventures must include a copy of the joint venture agreement that fully discloses the legal identity of each member of the joint venture, the relationship https://www.sam.gov/ 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 submission accompanying an offer, regardless of any agency relationship established between the members.

(3) 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 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 all such requests will be answered within ten (10) calendar days. Therefore, prospective Offerors should make such requests not less than ten (10) calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

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

III.D. Reserved

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 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.F. Notice Concerning Preparation of Proposals

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

III.G. Bond Requirements (Phase II Requirement)

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond as specified in the Agreement. Offerors that utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.H. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration (GSA) 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 http://www.cpars.gov

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS), which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

(3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) 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.I. Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

IV. FAR/GSAR Solicitation Provisions

To be issued with Phase II Solicitation.

V. Additional Solicitation Provisions and Instructions

V.A. Additional Provisions

None

V.B. Additional Clauses

FAR 52.223-21, FOAMS (Jun 2016)

(a) Definitions. As used in this clause–

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide.

Carbon dioxide's global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables of alternatives available at http://www.epa.gov/snap/.

“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract.

When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as–

(1) In-use emission rates, energy efficiency, and safety;

(2) Ability to meet performance requirements; and

(3) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap/. (End of clause)

V.C. FAR 52.222-62, Paid Sick Leave under Executive Order 13706

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)–

“Child”, “domestic partner”, and “domestic violence” have the meaning given in 29 CFR 13.2.

“Employee”–

(1)(i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706, and http://www.epa.gov/snap/ http://www.epa.gov/snap/

(A) Whose wages under such contract are governed by the Service Contract Labor

Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute

(40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8),

(B) Including employees who qualify for an exemption from the Fair Labor Standards

Act's minimum wage and overtime provisions,

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the

Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)(i) An employee performs “on” a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs “in connection with” a contract if the employee’s work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

“Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” has the meaning given in 29 CFR 13.2.

“Multiemployer” plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

“Paid sick leave” means compensated absence from employment that is required by E.O.

13706 and 29 CFR part 13.

“Parent”, “sexual assault”, “spouse”, and “stalking” have the meaning given in 29 CFR 13.2.

“United States” means the 50 States and the District of Columbia.

(b) Executive Order 13706.

(1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of

Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall–

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and

13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O.

13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O.

13706, 29 CFR part 13, or this clause, including–

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment.

(1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the

Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage

Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping

(1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee’s occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees’ requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor’s paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O.

13706).

(x) A copy of any written responses to employees’ requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee.

(xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave.

(xiii) The relevant contract.

(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.

(xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).

(2)(i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions.

Only if the Contractor adequately segregates the employee’s time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee’s time may the Contractor properly refuse an employee’s request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave.

(ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with non-covered work be excluded from hours worked counted toward the accrual of paid sick leave.

If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor.

(3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee’s hours worked, such as because the employee is exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee’s number of daily and weekly hours worked.

(4)(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee’s child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files.

(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with

Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation

Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR

1630.14(c)(1), respectively.

(iii) The Contractor shall not disclose any documentation used to verify the need to use

3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv)

(as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law.

(5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(6) Nothing in this contract clause limits or otherwise modifies the Contractor’s recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 13658, their respective implementing regulations, or any other applicable law.

(j) Interference/discrimination.

(1) The Contractor shall not in any manner interfere with an employee’s accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to–

(i) Miscalculating the amount of paid sick leave an employee has accrued;

(ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave;

(iii) Discouraging an employee from using paid sick leave;

(iv) Reducing an employee’s accrued paid sick leave by more than the amount of such leave used;

(v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave;

(vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or

(vii) Making the use of paid sick leave contingent on the employee’s finding a replacement worker or the fulfillment of the Contractor’s operational needs.

(2) The Contractor shall not discharge or in any other manner discriminate against any employee for–

(i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and

29 CFR part 13;

(ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13;

(iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR part 13; or

(iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13.

(k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part

13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any website that is maintained by the Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment.

(l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29

CFR part 13. Disputes within the meaning of this contract clause include disputes between the

Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor or the employees or their representatives.

(m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service

Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute and are to be performed in whole or in part in the United States.

VI. Method of Award

VI.A. Evaluation of Phase I Proposals

The Government will evaluate Phase I proposals based on the following evaluation factors and short list a maximum of three (3) offerors to submit Phase II proposals:

The evaluation factors shown below are listed in descending order of importance. The SSEB will be limited to reviewing only similar projects. All projects submitted should be relative in type, scope and complexity to this project.

Factor 1: Technical Qualifications of the Firm Factor 2: Past Performance of the Offeror’s Team Factor 3: Resources, Facilities and Technology

These factors consider the Offeror’s successful completion of similar projects. “Similar” is defined as Design-Build or Design-Build Bridging projects of multi-story (3-story minimum) construction containing a minimum of 200,000 gross square feet with a minimum construction cost of $75M. These structures can include courthouses and Class A office space.

Particular emphasis is placed on proposals that demonstrate experience of the total project.

Proposals demonstrating federal courthouse experience, design-build or design-build bridging delivery and/or in an urban environment, shall be judged more favorably than proposals reflecting less experience. Projects in which the primary function is to serve as a residence, such as condominium or apartment complexes, dormitories and projects in which the primary function is retail, such as shopping malls, big box stores and strip malls, will not be considered similar for the purposes of this evaluation.

Factor 1: Technical Qualifications of the Firm This factor considers the specialized experience, technical competence and capability of the Offeror’s Firm and Designer of Record (DOR) to perform similar work. For this factor, Offerors must identify by name both the General Contractor (GC) and the DOR.

If an Offeror consists of more than one GC and/or more than one DOR, then the Offeror must identify by name its lead GC and its lead DOR.

Information Required -

Offerors shall address the following in the technical submission for this evaluation factor:

Similar Projects – Offerors shall provide a list of at least one (1), but no more than four (4), similar projects that are ongoing or have been completed within the last ten (10) years of this solicitation issue date. The list shall include projects performed by both the proposed GC and the proposed DOR. More favorable consideration will be given to those offerors that have similar projects that are ongoing or recently completed by teams using the same GC and DOR as proposed for this solicitation. (The Offeror is defined as the team that serves as the GC and the DOR.) Design Phase Services and Construction Phase Work can be represented by a single project. In addition to the definition above, for purposes of evaluation, “similar projects” are those that contain the following characteristics:

Contract value at award must be in excess of $75,000,000 Size: 200,000 gross square feet or larger Delivery Method: Design-Build or Design-Build Bridging Green and Sustainable requirements (ex. SSI and/or LEED® certified) Urban Center/Downtown environment Used Building Information Modeling (BIM) in the design and/or construction Had the Government as a client (Federal, State and/or Local).

Provide the following information for each “similar” project:

1. Companies performing the project (Offeror, GC, DOR)

2. Name and location of the project

3. Contract type

4. Name, current telephone number and e-mail address of the owner’s representative most knowledgeable of the project

5. Contract number for Federal Government contracts

6. Roles of Offeror’s team members on the project (prime or subcontractor/subconsultant)

7. Percentage increase or decrease in final cost from the original contract value

8. Scheduled and actual contract completion dates for Offeror’s contract

9. Percentage increase or decrease in scheduled time from original contract completion date

10. Modifications - number and total amount that are attributable to unforeseen conditions and/or design deficiencies.

Factor 2: Past Performance of the Offeror’s Team

This factor considers the extent to which the Offeror’s Team has a successful and satisfactory track-record on similar projects. The Offeror’s past performance will be evaluated based on the information provided on the past performance questionnaires and any other sources the Government uses to obtain such information, such as PPIRS. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably. Experience and past performance are of equal importance for evaluation purposes.

Information Required -

Past Performance Questionnaires (PPQ):

Offerors shall be responsible for initiating a request for questionnaires for at least one (1) of the projects submitted as “similar”. (The Past Performance Questionnaire is included as an attachment to this Solicitation.) The Offeror shall follow the instructions for completing and submitting the Past Performance Questionnaires, which are due no later than the Phase I proposal due date and time. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

The questionnaire information relates to ratings of the Offeror’s timeliness of performance, cost control, quality of product, business relationship, continuity of personnel, qualification of personnel, etc. Offerors are responsible for ensuring the references provided are willing and available to be contacted by the Government. If, after two (2) attempts to contact the reference, the Government is unable to speak directly with the reference provided, the lack of speaking to a reference may result in a neutral rating of this element.

Basis of Evaluation: Projects of similar size, scope and complexity to this project will be judged more favorably than projects less similar to this project.

References indicate projects have been completed by meeting or exceeding the customers’ requirements as set forth in the construction contract documents, within established budgets and on schedule, with a minimum number of Requests For Information (RFIs) resulting in contractor requested modifications. Past performance ratings of Good and Excellent will be evaluated more favorably than ratings of Satisfactory. Offerors able to maintain a good relationship with all of the project team members will be evaluated more favorably.

The Government may choose to contact additional customer(s) not provided by an offeror and may obtain additional information through other sources, such as the Past Performance Retrieval System (PPIRS), Contractor Performance Assessment Reporting System (CPARS) and phone interviews using all DUNS numbers of team members (partnership, joint venture, teaming arrangement or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s) and any other known sources not provided by the offeror.

While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. GSA will not maintain database of PPQs submitted by Offerors.

If the offeror is a joint venture, information submitted for a party to the joint venture will not be evaluated to the extent the terms of the joint venture agreement limit such party's performance or financial obligations as a party to the Contract contemplated by this Solicitation.

Factor 3: Resources, Facilities and Technology

This factor considers the resources and facilities available to the DBB Contractor and how they are integrated in the offeror’s approach to the design-build delivery process:

Information Required –

1. Each Offeror must submit a written narrative concerning its approach to the DBB process, to include planning, organizing, communication, decision making, interaction with consultants and controlling the execution of the design and construction of the project. The narrative should state how the Offeror plans to implement management techniques to ensure the transition from design to construction and ensure success in maintaining the quality of the design through construction of the project.

2. Describe the resources, facilities and technology available and planned to be used in connection with the performance of the project

3. Describe the Offeror’s ability, experience and resources in reviewing drawings using computer aided design (CAD) and Building Information Modeling (BIM) during design and construction.

VI.B. Evaluation of Phase II Proposals The Government will award a contract resulting from this Solicitation to the responsible Offeror whose offer conforming to the Solicitation will be most advantageous to the Government, Total Evaluated Price and other factors considered. In addition to the Total Evaluated Price, the following non-price factors shall be used to evaluate offers:

Quality of Design Concept Qualifications, Experience and Past Performance of Key Personnel Management Plan and Technical Approach Project Labor Agreement Small Business Plan

VI.C. Determination of Responsibility

In order to be considered responsible, an Offeror must demonstrate 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.D. Price Reasonableness

In Phase II, the proposed prices will be evaluated for reasonableness. Price reasonableness determines whether an Offeror’s price is too high. Analysis of price proposals will be performed using one or more of the techniques defined in FAR 15.404 in order to determine price reasonableness. Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR 15.404-1. Notwithstanding anything to the contrary in this solicitation and for the avoidance of doubt, the Government will not perform a price realism analysis of the Offeror’s proposal.

VI.E. Unbalanced Prices

Phase II offers must include balanced prices. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of price analysis techniques. All offers with separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced. If price analysis techniques indicate an offer is unbalanced, the Contracting Officer shall: (i) Consider the risks to the Government associated with the unbalanced pricing in determining the competitive range and in making the source selection decision; and (ii) Consider whether award of the contract will result in paying unreasonably high prices for contract performance. An offer may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

VI.F. Total Evaluated Price

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). Total Evaluated Price shall be calculated using the prices indicated in the Phase II Price Proposal using the formula in the Phase II Solicitation.

VI.G. Non-Price Factors

Factor 1: Quality of Design Concept Factor 2: Qualifications, Experience and Past Performance of Key Personnel Factor 3: Management Plan and Technical Approach Factor 4: Project Labor Agreement Factor 5: Small Business Plan

Factor 1: Quality of Concept Design Provide a complete conceptual design package utilizing the provided documentation as the basis for the minimum architectural and aesthetic requirements. Note: After the submission of the Design Concept, no supplemental drawings or information will be evaluated.

Information Required –

The Design Concept shall include at a minimum:

1) Contextual Site/Master Plan

2) Floor plan for each floor of the building

3) Front and Side Elevations

4) Roof Plan

5) Sections:…