Amendment 3 - 47PH0824R0007.pdf

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

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

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

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

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

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

15C. DATE SIGNED

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

16C. DATE SIGNED

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

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

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

PA03

7PQA

See following pages for Amendment 3 information

7PQA

GSA/PBS/AMD/7PQA

819 Taylor St. STE 11A09 Fort Worth, TX 76102

Same as Box 6

PA03/47PH0824R0007

9-19-24

09/19/2024

Solicitation 47PH0824R0007 Amendment 3 Bridge of the Americas Land Port of Entry Modernization Project

Amendment No. 3 Bridge of the Americas Land Port of Entry Modernization Project El Paso, Texas

This amendment is issued to provide the following answers to Requests for Information.

1) There is a discrepancy in dates on pages 8 and 23. What is the correct date for final questions?

The current solicitation had on page 8, Questions Concerning the RFP:

All questions concerning this RFP shall be submitted in writing to Jason Gerloff at Jason.gerloff@gsa.gov, no later than 12:00 pm (Central) on September 6, 2024. The Government may choose not to act upon offeror’s questions received after September 6, 2024. Submit questions individually.

This paragraph is updated to the following:

Questions Concerning the RFP:

All questions concerning this RFP shall be submitted in writing to Jason Gerloff at Jason.gerloff@gsa.gov, no later than 12:00 pm (Central) on Friday, September 13, 2024. The Government may choose not to act upon offeror’s questions received after Friday, September 13, 2024. Submit questions individually.

2) The RFP does not include any mention of a stipend value for unsuccessful offeror's. Please confirm if a stipend value will be included in the Stage II proposal RFP.

Answer: Yes, a stipend will be included in the Stage II RFP. The two unsuccessful offerors shortlisted will receive a stipend for their participation in Stage II. No stipend will be given to offerors that were not short listed in Stage 1.

3) When is the proposal due?

Answer: October 2, 2024, at 12:00 P.M. Central Time

4) Can you confirm a PLA will be required for the project?

Answer: Yes.

5) Does GSA have a percentage or a range of what the stipend amount will be?

Answer: The stipend range is $200,000.00 to $250,000.00.

Solicitation 47PH0824R0007 Amendment 3 Bridge of the Americas Land Port of Entry Modernization Project

6) The solicitation on page 18 (Technical Qualifications) state each Offeror shall provide sufficient documentation to demonstrate the extent of the Offeror's past experience for at least three (3) but no more than five (5) projects of similar size, scope, and complexity. Of this group of similar projects, the General Contractor must have served as the prime contractor of at least one project and the A/E must have had responsibility for developing the detailed design and construction documents for at least one project. ALL projects must have been delivered utilizing the design-build approach with construction achieving substantial completion within the past eight years prior to the submission deadline for Phase I proposals. There are several recent and similar LPOE projects delivered at the southern border via the Design-Bid-Build (D-B-B) procurement method. Please consider allowing the use of projects using the D-B-B procurement to be submitted to demonstrate the offeror's past experience.

Answer: At least one (1) of the three (3) projects must have been delivered utilizing the design-build approach.

7) On page 96 of PDF - E. Project Duration and Schedule Milestones, can the Government clarify the period of performance in relationship to substantial completion and contract completion.

Answer:

Period of Performance: Performance period will be 1637 calendar days from the Notice to Proceed (NTP) date to contract completion.

Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in the base contract, no later than 1547 calendar days from issuance of the NTP.

Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in the base contract, within 90 calendar days after Substantial Completion.

Please see the following additional 54 questions and answers below.

REMINDER: Proposal Due date remains the same, October 2, 2024, at 12:00 P.M.

Central Daylight Time (CDT). Only electronic submissions are allowed, and all submissions are to be emailed to Jason Gerloff at: Jason.gerloff@gsa.gov.

mailto:Jason.gerloff@gsa.gov

BOTA Phase I RFIs

Number Reference Descrip�on Response

1 Availability of Funds Per the Phase 1, I.E. Es�mated Price Range, the magnitude of construc�on for this project is $500,000,000 to $550,000,000. Per the Phase 1 Availability of Funds, what is the maximum allowable award threshold (dollars) for the project if different from the magnitude of construc�on range? If the high end range is the maximum allowable award sum, please confirm.

GSA can only divulge the magnitude of Design/Build Contract which is $500,000,000.00 to $550,000,000.00

2 S�pend Eligibility

The solicita�on currenstly states, "If your proposal is accepted and an award is an�cipated, the apparent awardee shall, as a prerequisite to the construc�on No�ce to Proceed (NTP), provide GSA with a signed, fully executed copy of the accepted PLA with one or more labor organiza�ons for the term of the resul�ng contract no later than 30 days prior to GSA’s receipt of the 100% design documents." (1) Does elegibility for a s�pend in Phase II depend on the execu�on of a PLA and confirma�on of compliance with all terms of the RFP including FAR 52.222-34 Project Labor Agreement (Jan 2024), Alternate II,(c),for the proposed offer? (2) If not, why would this not be a requirement? (3) How will the government determine if compe�ng firms PLAs are equitable and in compliance with EO 14063 and the new PLA rule prior to award and performance of the work, as part of the price and technical analysis for the project?

1) No.

2) The PLA is not required un�l a�er award, the S�pend will be paid out to the firms not selected for award in Stage II.

3) PLA will not be evaluated under the price or technical analysis; however, it will be evaluated as a requirement that must be fulfilled under the terms of the solicita�on. A dra� PLA is required and it must be compliant with the applicable FAR clauses.

3 Reference Appendices, sec�on 01, supplemental documents . Because of the mandatory nature of the PLA related to this solicia�on, please provide a copy of item 7. PLA Requirements via pos�ng to SAM.gov at least seven (7) days prior to finalizing the Stage I solicia�on period. Page 225. Page 225, Sec�on VII states the following list will be issued to the Stage II par�cipants.

4 PLA / �ming of execu�on / review for compliance

The solicita�on states, "If your proposal is accepted and an award is an�cipated, the apparent awardee shall, as a prerequisite to the construc�on No�ce to Proceed (NTP), provide GSA with a signed, fully executed copy of the accepted PLA with one or more labor organiza�ons for the term of the resul�ng contract no later than 30 days prior to GSA’s receipt of the 100% design documents." How will the government determine if compe�ng firms PLAs are equitable and in compliance with EO 14063 and the new PLA rule prior to award and performance of the work, as part of the price and technical analysis for the project if this does not occur un�l the 100% Design Documents are produced and just prior to the construc�on phase NTP?

Please see response to Q #2.

5 PLA / construc�on phase NTP

The solicita�on states, "If your proposal is accepted and an award is an�cipated, the apparent awardee shall, as a prerequisite to the construc�on No�ce to Proceed (NTP), provide GSA with a signed, fully executed copy of the accepted PLA with one or more labor organiza�ons for the term of the resul�ng contract no later than 30 days prior to GSA’s receipt of the 100% design documents." (1) If an executed PLA is not provided by Contractor 30 days prior to submission of the 100% Design Documents (ie IFCs) and/or an executed PLA is not accomplished, what will occur specifically? (2) Will the circumstane result in a termina�on for convenience, for cause, downgraded CPARS, other? (3) Would the project be reprocured, and if so, using the awarded team's design work product, or star�ng over? (4) How would closing out the contract for absence of an executed PLA affect the availability of the IRA related project funding?

1) In addi�on to other remedies available to GSA, GSA may choose to not exercise the construc�on op�ons and the contract may be closed out or terminated.

2) In addi�on to other remedies available to GSA, GSA may choose to not exercise the construc�on op�ons and the contract may be closed out or terminated.

3) In addi�on to other remedies available to GSA, GSA may a�empt to contract with the AE for services of their design and adver�se for a construc�on RFP.

4) IRA funds are available to be awarded up un�l September 30, 2026.

6 PLA Evalua�on / Rated Factor Since the proposed PLA's (dra� PLA) is not a requirement for submission with the price proposal and is not a rated factor, please explain how the Government will evaluate each poten�al offeror's PLA as it relates to both the technical management approach and the price proposal for the solicita�on. If the Government does not plan on evalua�ng the poten�al offeror(s) PLA please confirm.

See response to Q #2.

7 Contract Type / Stage II Solcia�on Documents

This project is of substan�al size and risk and places large burden and risk on the compe�ng offerors and ul�mately, the awarded Design-Build Contractor.

Under Contract Type, the solicita�on states, " As noted in the Agreement, this SOW is for a Firm Fixed Price (FFP) Contract. The Project will require a Project Labor Agreement (PLA) to be submi�ed a�er the Project Issue[d] for Construc�on (IFC) Documents are complete. This will be detailed in more depth in the Stage II Solicita�on Documents." Prior to closing the Phase I solicitata�on period, and as soon as possible, please post the AGREEMENT, and if possible at least the dra� Phase II solicia�on, to SAM.gov. This informa�on is cri�cal for offerors to be able to assess a GO / NO GO for a project of this size, complexity and risk. Further, sharing this informa�on may protect the Government from incuring "drop outs" in Stage II if the informa�on requested is not provided un�l that �me.

The agreement will be provided to the short listed firms in Stage II.

8 Contract Type / Construc�on Op�ons

The Stage I solicita�on currently indicates there are no Op�ons under the Project Descrip�on. However, the solicia�on also states, "The signed PLA must meet the minimum standards of the RFP and must be received [as] indicated in the RFP. If for any reason, the apparent successful offeror fails to furnish such PLAs within the �me stated in the RFP, the Government will not exercise the construc�on op�ons and close out the contract once final design has been received." For this project, the apparent succesfful offeror can be under contract and performing the (design phase) work prior to execu�on of a PLA. What construc�on phase op�ons are being contemplated by the government for inclusion in the SOW / Agreement? Is the en�re construc�on phase scope of work being considered as an op�on similar to a CMc project? Is the intent to add Op�ons to Division 01 General Requirements GSA 012400 Op�ons?

The Base Award will be the design. All construc�on por�ons of the contract will be Contract Op�ons.

This project is very likely to employ fast-track design-build best prac�ces and a suppor�ng schedule that incorporates early work packages for site, demo, u�lity / infrastructure, founda�ons, structure and long-lead related procurements. A similar concept is outlined in the Stage I milestone schedule. If an executed PLA is not required un�l the 100% CD's (IFC) are provided, please confirm excep�ons from PLA coverage are permi�ed for all subcontractors that may be necesary to carry out the fast-track schedule and performance of the work.

PLA is required and an excep�on has not been granted. The signed PLA will be required and if an early package is scheduled, the signed PLA will be required 30 days before the 100% documents of the early package.

10 Risk Register: Typically GSA's CMa manages and runs the Risk Register mee�ngs and maintains the Risk Register Log. Please confirm this is the case for this project.

Yes, the CMa is responsible to run the mee�ng and maintain the log, while the D/B contractor will par�cipate in mee�ngs and bringing risks to the table.

This project will be competed for and awarded through price compe��on as a firm-fixed price contract. For IRA funded LED scope items expense tracking reports, please confirm that Contractor and its subcontractors may report the costs as "pricing" (fullfilment of es�mates) via schedule of values and percent complete billings of the SOV (cost loaded schedule) and not as actual costs (ie invoices backup, etc).

The form is GSA's, 347 Bridge of the Americas (BOTA) LPOE Moderniza�on IRA Project Submi�al/ Repor�ng Form. This form will be required in Stage II. Three a�achments have been included in Amendment 3 as reference. A�achments will be updated for Stage 2.

12 Stage II / IRA requirements for design Please confirm that because this project includes IRA funds, the project design and construc�on must include each of the four (4) IRA focus materials, (1) asphalt, (2) concrete , (3) flat glass and (4) rolled steel, even if those materials are not availabe in the El Paso local area and even if it requires devia�on from any LEED proximity of material requirements.

The BOTA project is IRA-funded -- to the extent the project's scope includes concrete, asphalt, steel, or glass -- yes, the successful offeror must promise to provide compliant LEC materials in those categories.

Yes, GSA's IRA LEC requirements take precedence over LEED proximity of material credit(s). GSA can waive its P100 LEED certification requirement through a formal process.

However GSA is unable to waive the external mandate that all IRA-funded material purchases in these four categories must be LEC and documented with an EPD.

Wage Determina�on(s) vs collec�ve bargaining agreements vs pre-hire collec�ve bargaining agreement rates

Reference FAR 52.222-33, (c), 2. The solicita�on states, "The project labor agreement reached pursuant to this provision shall; Allow the Offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise par�es to collec�ve bargaining agreements..."

Please confirm it is not mandatory to become party to a collec�ve bargaining agreement for this project and the government is not manda�ng that all subcontractors beomce party , or made to agree, to a collec�ve bargaining agreement as a condi�on to par�cipa�ng in the compe��on, award and performance of the work.

14 Security Requirements / PLA Please confirm that no ma�er what terms may be / are nego�ated with a labor organiza�on, the government's contract for this project is superior to any other agreement, inlcuding the PLA, and that all security requirements required by the governement for this project will be required of all persons performing work in the comple�on of the project.

Yes, a security clearance is required for all personnal working on the project. The Government requirements must be adhered to by the prime and subcontractors. The government is not a party to the PLAs. Contractor should nego�ate the PLAs with the contract requirements in mind.

15 The solicita�on currently inlcudes "community liason " as a team member of the D-B team. Please confirm that the GSA will have the community liason and that contractor may support their efforts, but not be the community liason for the government. Page 94.

A member of the Architect Team is required to be iden�fied as the D-B Community Liason.

This individual must be iden�fied in the Stage I proposal

16 The solicita�on currently inlcudes "preserva�on consultant " as a team member of the D-B team. Please confirm that the GSA will have the preserva�on consultant and that contractor may support their efforts, but not be repsonsible for this role. Page 94. A Preserva�on Consultant will not be required for the project.

17 PLA

The solicita�on states, "In Stage II, Offerors are invited to submit a proposal for the Bridge of the Americas (BOTA) Land Port of Entry (LPOE) Moderniza�on Project which is subject to the mandatory use of a Project Labor Agreement (PLA)." Please confirm that there is no mandate for the use of a PLA on this project or any other federal contract as compliance with EO 14063 Sec. 5. (a), (b) and (c) and FAR 22.504(d) obligates the government to seek excep�on from the requirement for a PLA if certain condi�ons exist(s).

An excep�on has not been granted for this project therefore a PLA is required.

18 Please indicate if a PLA is mandatory for this project because no excep�ons are being allowed and/or requested. A PLA is required for this project.

19 Please indicate why the Government would not opt to request and consider price proposals for proposals subject to PLA and not subject to PLA as part of its market survey informa�on specific to the solicica�on as required by FAR 22.504, (d),(ii).

GSA has completed market research and the PLA is required for this procurement. Only the price subject to PLA will be accepted and evaluated.

This is a large scale, highly complex project with innate risks to all compe�ng firms, the government and tax payers. A contractor's decision whether or not to pursue a project of this type, magnitude and loca�on requires a commi�ment to invest in pursuit costs and resources and depends largely on the confidence the Owner has budgeted for its project appropriatley. A requirement for a mandatory PLA in El Paso, Texas on a commercial project (NAICS 236220) of this type is extraordinary and unprecedented. Without the Government knowing what PLA terms (including collec�ve bargaining agreement wages, benefits, dues, travel and per diem, pension plans, holidays and other cost factors) could be nego�ated for this project in the future, (1) how has the government es�mated and budgeted for this project and (2) what level (% range) premium has the government factored for employing a PLA in the State of Texas that has less than 4.5% union par�cipa�on overall, less than 2% construc�on union par�cipa�on and nearly 0% construc�on union par�cipa�on on the Texas / Mexico border?

GSA is unable to disclose any details about the IGE as it is considered source selec�on informa�on. However, GSA did take into account the PLA requirement when es�ma�ng the budget and the IGE.

Correct. However, note that FAR 52.222-33 (c)1 Bind the Offeror and subcontractors engaged in construction on the construction project to comply with the project labor agreement and FAR 52.222-34, the offeror/contractor must negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the resulting construction contract; and require its subcontractors to become a party to the resulting project labor agreement.

As part of the requirement of FAR 22.504, (d),(ii), has GSA included as part of its due diligence and market study the price proposals GSA has received over the past 14 years compliant with EO 13502 where price proposals subject to PLA and not subject to PLA are on record ( especially price proposals received that are for proejcts within the geography covered by GSA R7)?

See response to Q #20.

22 Does GSA plan to review and provide approval for any proposed and/or executed PLA's for compliance with EO 14063 and FAR 52.222-34 for this project? If yes, please explain. If no, will GSA rely upon Contractor to adhere to any compliance requirements on its own?

GSA will review the PLA to ensure it complies with all applicable FAR clauses to include FAR 52.222-33, No�ce of Requirement for PLA.

23 FAR 52.219-9 Subcontrac�ng Plan(s)

Small Business(es) con�nue to be reluctant to par�cipate in projects with mandatory PLAs. A le�er from the US Small Business Administra�on's Office of Advocacy detail and provide conclusions related to these ma�ers. The le�er may be found here :

h�ps://advocacy.sba.gov/wp-content/uploads/2022/10/PLA-Le�er-final.pdf Please confirm the Government recognizes compe�ng firms will likely have lower than typical proposed subcontrac�ng plan par�cipa�on goals for this project becuase of its size and also because of the current approach of manda�ng the use of a PLA.

24 PLA

As part of the requirements of EO 14063 Sec. 5. (a), (b) and (c) and FAR 22.504(d)(ii), (iii), please reference the U.S. Small Business Administra�on Office of Advocacy le�er of October 18, 2022 (a�ached) urging changes to the then proposed and now new rule, which concludes, “…this regula�on … conflict[s] with the Administra�on’s goal to reduce economic barriers for small businesses that wish to enter the federal marketplace. If this regula�on is finalized, it will place a greater burden on federal agencies to meet their annual statutorily required small business goals.” As part of the market survey performed or underway for this solicita�on has the government sought feedback its OSDBU group and its network of small and small disadvantaged subcontractors?

25 Is this project being considered to be part of OFCCP's mega project program? No

26 PLA

Please confirm that per EO 14063, the new rule named and published as " Federal Acquisi�on Regula�on: Use of Project Labor Agreements for Federal Construc�on Projects" at www.federalregister.gov on 12/22/2023, and the Compe��on in Contrac�ng Act (CICA) that any PLA nego�ated for this project shall not "provide a preference, socioeconomic or otherwise, for contractors already a party to a CBA".

The Federal Register cited provides that the E.O does not provide a preference for contractors already a party to a CBA however it does not state that the nego�ated PLA shall not provide a preference for contractors already a party to a CBA. Terms and condi�ons of the PLA must be nego�ated among the par�es.

27 EO 14063 excep�on(s)

In accordance with EO 14063 and the associated new rule for Project Labor Agreements for large-scale Federal construc�on projects, certain excep�ons to the requirement for use of a PLA exist. Excep�ons must be based on at least one of the condi�ons listed at FAR 22.504(d) (and as s�pulated by EO 14063). These condi�ons include when the requirement for a PLA 1) does not advance the Federal Government's interests; 2) where market research indicates a substan�al reduc�on in compe��on to such a degree that adequate compe��on at a fair and reasonable price can not be achieved; or 3) where the requirement is not consistent with other statutes, regula�ons, E.O.s, or Presiden�al memoranda. Any one of these condi�ons substan�ates basis for an excep�on. Please advise whether the Contrac�ng Officer has determined if any (or all) of these basis(es) for excep�on exist for this project including; comple�on of 1) market research to determine if the PLA mandate will advance the Federal Government's interests for this project; 2) market research to determine if the PLA mandate will reduce compe��on at a fair and reasonable price in west Texas for this project (including subcontractor and independent contractors); and 3) completed analysis and jus�fica�on for the use of a mandatory PLA based upon evalua�on to determine if the PLA requirement is consistent with State of Texas, County, City and other regula�ons including the notably low presence of construc�on labor unions in Texas (per BLS repor�ng) and "right to work" provisions of Texas?

GSA has completed market research and the PLA is required for this procurement. Based on the market research, GSA has reasonable expecta�on of receiving compe��on even with the requirement of the PLA.

28 EO 14063 excep�on(s) The new regula�on (rule) requires the use of a PLA for large -scale ( >$35m es�mated construc�on costs) projects. Has the Contrac�ng Officer determined if any of the three (3) excep�ons applies, or has a mandate been given by another procurement office(r) to employ the PLA regardless and/or with or without determina�on of excep�on(s)?

See response to Q #29.

The concern is noted. However, an exception has not been granted therefore the PLA is required under this procurement.

FAR Subpart 22.5 require the use of PLAs for large-scale construction. GSA has considered the potential burden that may be placed on the small businesses based on the PLA requirement. However, the prime contractor and potential small business subcontractors can negotiate terms and conditions into the PLA that could facilitate participation of the small businesses. The PLA requirement may present some difficulties, yet it is required for this project as it is determined to be a beneficial tool that would ultimately benefit this project.

29 EO 14063 excep�on(s)

The poten�al absence of the Contrac�ng Officer's evalua�on(s) for PLA excep�on and a resul�ng determina�on may subject this procurement and any of the poten�al offerors to unnecessary risks and impacts. The risks and impacts could include, but may not be limited to, disputes, bid protests and other legal proceedings that are beyond the control of poten�al offerors. In order to ensure the poten�al offerors that due diligence has been completed regarding evalua�ng the solicita�on for excep�on to a PLA please provide a copy of Contrac�ng Officers determina�on(s) (jus�fica�on) of each of the possible excep�ons prior to evalua�on and determina�on of a short list, and prior to star�ng Stage II.

GSA has completed the market research and the market research was documented. GSA cannot disclose the market research; however, based on the market research, GSA has reasonable expecta�on of receiving compe��on even with the PLA requirement.

30 EO 14063 / Terms of the Agreement

The new rule published in December 2023 responding to EO 14063 includes comments (responses to industry feedback) that are not a part of the EO or FAR.

Because these comments may confuse poten�al offerors regarding the actual requirements of the new rule, please confirm that for this solicita�on and the ul�mate award of contract, the Government requires compliance with the specific FAR clauses, and other provisions, incorporated into the contract and not any interpreta�on of related published rule comments and/or other guides (guidance) that are not specifically part of the Agreement.

The comments published in December 2023 could help interpret/understand the applicable FAR clauses so they could s�ll be relevant. However, GSA will review the proposed PLA to ensure it is compliant with the applicable FAR clauses.

31 EO 14063 excep�on(s) In accordance with EO 14063 and the associated new rule for Project Labor Agreements for large-scale Federal construc�on projects, certain excep�ons to the requirement for use of a PLA exist. Has a an excep�on / waiver been requested for this project? No, an excep�on to the PLA was not sought.

32 EO 14063 excep�on(s) If the Contrac�ng Officer determines that one or more excep�ons from the PLA apply to this solicita�on, will an excep�on of PLA be made? If not, what is the basis for a devia�on from the EO 14063? If devia�on is based upon direc�ve from senior procurement please advise. The Senior Procurement Execu�ve has to grant an excep�on.

33 FAR 52.222-33 / -34 PLA �ming and Award

The Phase 2 solicita�on currently states an executed PLA is to be provided to Government prior to award. Will Government reconsider all of the op�ons of the clause and allow for a post award submission of the PLA to avoid delays in award and/or poten�al expira�on of offers (currently set at 90 days)? Allowing the PLA to be nego�ated during the Design Phase work efforts will mi�gate probable delays to award and provide for a more efficient PLA nego�a�on (ie three short listed firms nego�a�ng a PLA for an unknown award status, may not be possible).

A signed PLA is required by the awarded firm 30 days prior to the 100% final drawings.

34 FAR 52.222-33 / -34 A federal lawsuit has been filed and several protests lodged challenging the cons�tu�onality of EO 14063 (PLA Mandate). If an injunc�on is granted, will Government remove (or at least exempt compliance with) the FAR clauses from the RFP?

If an injunc�on is granted, GSA will comply with the legal requirements as applicable to this procurement. Meanwhile, offerors shall proceed with the PLA requirements as stated in the

RFP.

35 FAR 52.222-33 / -34

Poten�al offeror strongly recommends Government abstain from requiring a PLA based upon one, two or all of the allowable excep�ons. Based upon our long standing experience in the southeast and southwest United States (especially south and west Texas), and with addi�onal contemporaneous informa�on from reputable industry organiza�ons (e.g. ABC and AGC), the following outcomes are likely: 1) impact to overall mission readiness and delivery of cri�cal infrastructure; 2) protracted procurement and overall delivery �me for projects; 3) funding / budget requirements will be significantly impacted (higher)[ prior to mandates we observed 30%-50% premiums for PLA pricing, currently we expect substan�ally higher premiums in the right to work states] causing larger, undue burden on tax payers; 4) we an�cipate far less subcontractor par�cipa�on (compe��on); 5) we expect substan�ally fewer small and small disadvantaged businesses interests due to addi�onal burdens of the PLA (including legal fees, changes to employee status and training, etc); 6) increased cost as a result of leveraging the en�re, available workforce; 7) poten�al impacts from exis�ng, local/regional collec�ve bargaining agreements; 7) with less than 2% of the reported construc�on workforce in Texas being union (97% is non-union) in the region, the use of a mandatory PLA will hinder recrui�ng, local and regional par�cipa�on and retaining a skilled workforce; and 8) the aforemen�oned could become a liability (subject to equitable adjustment relief) of the Government due to its mandate.

Concerns are noted. However, GSA has completed the market research and the PLA requirement is applicable to this procurement.

36 PLA Par�es to the Agreement - B

Please confirm Government will require and ensure that all independent contractors (including any contracted by other Execu�ve Agency(ies)) that are part of the Project (which is es�mated to exceed $35 million) and that are essen�al to complete work for the occupancy and use of this Federal construc�on project (per EO 14063 and FAR 52.222-34) will become party to the Contractor's PLA as prerequisite to their being permi�ng access to work on the project. If the Government will not commit to this provision, please provide basis for excep�on.

Offerors shall follow instruc�on provided at FAR 52.222-33, No�ce of Requirement for Project Labor Agreement. All contractors working under this contract must become par�es to the PLA as this contract is subject to the PLA requirement.

37 FAR 52.222-33 / -34

A PLA is a contract. The Government has not developed or proposed a PLA for this solicita�on. Many of the poten�al offerors have been tracking this project as a poten�al part of their business planning for years and no provisions have been made to force the inclusion of a PLA in a market that is over 97% non-union. Please confirm the Government understands there is no legisla�on or statutory authoriza�on suppor�ng the mandatory use of a PLA favoring certain socioeconomic groups and the Government accepts responsibility(ies) for manda�ng a separate contract being executed by poten�al offerors as a requirement prior to award of contract for this solicita�on and that poten�al offerors submission of a PLA is not a voluntary act.

A PLA is required under FAR 22.504 and an excep�on to the PLA has not been granted under this procurement.

Wage Determina�on(s) vs collec�ve bargaining agreement rates and payments

Reference FAR 52.222-33, (c), 2. The solicita�on states, "The project labor agreement reached pursuant to this provision shall; Allow the Offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise par�es to collec�ve bargaining agreements..." The government has published two wage determina�ons for the project (building and highway for El Paso County). 1) If subcontractors are required to comply with any pre hire collec�ve bargaining agreement(rates and payment requirements other than those s�pulated by the RFP wage determina�ons please provide the specific rates and payments for labor required for this solicia�on via amendment to the solicita�on to avoid confusion and poten�al mis-pricing for the work; 2) If rates and payments for labor differ from the wage determina�ons posted with the RFP please confirm the government u�lized those rates and wages to establish its es�mate and budget for the project.

PLA is a requirement under this procurement, however, a CBA is not a requirement. The applicable Wage Determina�ons have been included and will be updated as necessary.

39 PLA Par�cipa�on Please confirm that all contractors, including government independent contractors, working on the project must become a party to the project PLA and that no exemp�ons from the PLA will be allowed.

40 Page 17 describes criteria to include in the por�olio that is submi�ed under the Lead Designer evalua�on factor described on pg 21.

41 Item 2 is to beincluded in your proposal, items 7 & 8 are not.

42 Factor 4 is a Stage 2 requirement.

No, this exclusion does not apply to the other evalua�on factors.

44 These items are not included in the 50 page count.

That is correct. The evalua�on factor Past Experience of the Offeror's Team is in reference to companies other than the General Contractor and A/E. The descrip�on on page 22 provides guidance on informa�on to submit under this factor.

46 That is correct. There are 3 bulleted subjects iden�fied under the Approach To Design-Build evalua�on factor. The sentence sta�ng that there are four subjects is an error.

In accordance with FAR 52.222-33 (c)1 Bind the Offeror and subcontractors engaged in construction on the construction project to comply with the project labor agreement and FAR 52.222-34, the offeror/contractor must negotiate or become a party to a project labor agreement with one or more labor organizations for the term of the resulting construction contract; and require its subcontractors to become a party to the resulting project labor agreement.

Lead Designer Design Intent Statement: Page 17 & 20

Should the lead designer design intent statement, as identified on pg.17, be within the lead designer section, or is it be incorporated as part of the approach to design build section item 1-philosophy and design intent, as identified on pg. 20?

Proposal Contents Clarification: II.A Proposal Contents Section, P.13

Please clarify the intent behind items 2, 7, and 8 within the II.A Proposal Contents section on page 13. Are these to be listed as reference documents within our Stage I proposal or to be included as part of the pdf we're submitting? If included how do they factor towards the 50 page limit?

Evaluation Factor #4: Solicitation P. 14 Please clarify what "Evaluation Factor #4: Sustainability" on page 14 is in reference to. Is sustainability documentation/information required in Stage I?

Technical Quals Past Project Photos and Drawings: Solicitation P. 21

Would the following page limit exclusion apply to the past performance project examples within the technical qualifications section also? Per pg. 21:

The Offeror may include the following additional information under this evaluation factor that will NOT count against the page limitation of the submission:

1) For each project, EITHER a representative floor plan, a site plan, a rendered 3-D model, a building section, or other appropriate drawing.

2) Two pages of photographs for each project.

Proposal Contents Clarification Are proposal items 1: the first page of the proposal (company info) - 2: attachments 1 (PPQs) and 2 (GACA Instructions) - 3: Acknowledgement of amendments, part of the 50 page count limit?

Please clarify that the Past Experience of Offeror’s Team section (page 22 of 64) is in reference to subcontractors/companies other than the General Contractor and A/E. If required what specific information is intended to submit and will the pages count towards the 50 page limit?

Narrative: P. 20 Please clarify that it is correct that there are only three subjects listed on page 20 although it states "The narrative must discuss each of the four subjects set forth below."

Past Experience of Offeror's Team: Past

Page 13 of PDF - II.B Proposal Format.

Stage I submission shall be no more than 50 pages...

Please confirm the following are not included in the page count: PPQs and CPARs are not included in the page count. Designer Teaming Agreements, proof of SAM.gov registra�on, and Consultant Agreements are not included in the page count. That is correct. The items cited do not count against the page limita�on.

S�pend

The maximum allowable s�pend range is established by GSA Design Excellence policy that was developed in collabora�on with the DBIA and Design/Build industry. The s�pend range will remain as stated in the RFP.

The requirements for the 3 Evalua�on Factors are established by the GSA Design Excellence policy. The Factor 1 requirements will remain as stated in the RFP.

That is correct. There are only three subjects that need to be discussed under the Approach to Design Build Evalua�on Factor. Disregard the error that references four subjects.

That is correct. Disregard the error that references the Gateway LPOE project.

The intent is for Offerors to cite these recogni�ons in the narra�ve and receive full credit for this criteria. If an Offeror would like to include a copy of the actual recogni�on document, that is permissible and the document will not count towards the page limita�on.

The range of the stipend ($200,000 - $250,000) is inconsistent for this size of the project and the required deliverables. DBIA's best practices and Industry standard is a minimum of 1% and up to 2% of the project budget which would be ($500,000 - $1,000,000). Please reconsider the provided stipend range as the current AEC market is very busy, and a low stipend could deter interest in qualified firms for this project.

Factor 1 Technical Qualifications: All Projects must have achieved construction substantial completion within the past eight years prior to the submission deadline for Phase I proposals.

Factor 2 Lead Designer: Submit a portfolio of up to three projects completed in the last ten years.

Factor 3 Past Experience of Offeror's Team: Each company/firm must have successfully delivered at least one project with construction achieving substantial completion within the past ten years prior to the submission deadline for Phase I proposals.

Each Offeror must submit a written narrative (not to exceed 10 pages out of the 50-page limit for the proposal) presenting its approach to the design-build process.

An Offeror may allocate the 10 pages in any manner it chooses. The narrative must discuss each of the four subjects set forth below.

Philosophy and Design Intent Management Process Design Excellence

1. Philosophy and Design Intent: This portion of the narrative should be characterized by clarity, standard grammar, and the absence of clichés or jargon. The Government expects clear, thoughtful sentences that demonstrate the ability of the team to communicate ideas. Topics may include the parameters of an overall design philosophy, the approach to the challenge of public architecture, commitment to integrated and sustainable design, and the parameters that may apply to the Gateway LPOE project.

Include tangible evidence such as certificates, awards, or peer recognition demonstrating Design Excellence.

Please confirm the requirement in Factor 1 for projects to be substantially complete within the last eight years can be changed to be within the past ten years to be consistent with all other factors.

Please confirm there are only three subjects that need to be discussed as listed, otherwise, please provide fourth subject and description requirements.

Please confirm the described evidence documentation is not included in the page count.

Approach to Design Build

Approach to Design Build:

Please confirm the Gateway LPOE project reference is in error and this should be BOTA LPOE project.

Page 21 of PDF - LEAD DESIGNER:

Page 18 describes criteria to include in the por�olio that is submi�ed under the Lead Designer evalua�on factor described on pg 21. Unclear where conflic�ng informa�on exists.

Regarding evidence of peer recogni�on, the intent is for Offerors to cite these recogni�ons in the narra�ve and receive full credit for this criteria. If an Offeror would like to include a copy of the actual recogni�on document, that is permissible and the document will not count towards the page limita�on.

PLA

A virtual Tri-Agency Partnership 2024 Project labor Agreements Session will be held on September 20, 2024 at 3:30 pm ET. The session will include the General Services Administra�on, Ofice of Management and Budget, and the Department of labor to combine resources in addressing a variety of PLA topics.

If you are intrested in a�ending please use the following link to register for the event, A virtual Tri-Agency Partnership 2024 Project labor Agreements Session will be held on September 20, 2024 at 3:30 pm ET. The session will include the General Services Administra�on, Ofice of Management and Budget, and the Department of labor to combine resources in addressing a variety of PLA topics. If you are intrested in a�ending please use the following link to register for the event, Page 18 & 21 of PDF - LEAD Designer:

Our interpretation for a team of lead designers is as follows:

Two (2) completed projects by the lead designers(s) on the team, maximum of five (5) pages per project.

Biographical profile of each designer, NTE three (3) pages per designer.

Statement of philosophy and design intent, NTE two (2) pages.

Tangible evidence such as certificates, awards, or peer recognition demonstrating Design Excellence. (No specific page limit.

Please confirm that these can be excluded from the page count.)

The following additional information under this evaluation factor that will NOT count against the page limitation of the submission:

1) For each project, EITHER a representative floor plan, a site plan, a rendered 3-D model, a building section, or other appropriate drawing.

2) Two pages of photographs for each project.e 18 & 21 of PDF -

LEAD DESIGNER:

Please clarify the submission requirements for the LEAD DESIGNER section based upon the conflicting information between pg. 18 and pg. 21.

h�ps://links-1.govdelivery.com/CL0/h�ps:%2F%2Fdocs.google.com%2Fforms%2Fd%2Fe%2F1FAIpQLSd8ECWBO5N48Y-yIxy5Xxj10by1QExk0eSf_Jwjs2fGBtgBk g%2Fviewform%3Fusp=sf_link/1/01000191�b3c6d7-cca0d3ab-ef0f-4d51-93d7-25792fdd2f38-000000/fuYK6uQxyF-G1GgIDNOJ-prVbsMd_AP46-DRfneuQFM =370.

h�ps://links-1.govdelivery.com/CL0/h�ps:%2F%2Fdocs.google.com%2Fforms%2Fd%2Fe%2 F1FAIpQLSd8ECWBO5N48Y-yIxy5Xxj10by1QExk0eSf_Jwjs2fGBtgBkg%2Fviewform%3Fusp=sf _link/1/01000191�b3c6d7-cca0d3ab-ef0f-4d51-93d7-25792fdd2f38-000000/fuYK6uQxyF- G1GgIDNOJ-prVbsMd_AP46-DRfneuQFM=370.