Solicitation for US Probation Office Renovation.pdf

GSA Solicitation No. 47PJ0020R0030

Document: DB201A-SB/AUGUST 2019 (The Solicitation)

Construction Contract for

U.S. Probation Office Renovation

Mike Mansfield Federal Building & U.S. Courthouse

The Solicitation

Date: December 02, 2019

Table of Contents

I. General Information

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

II. Proposals

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

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Bond Requirements H. Contractor Performance Information I. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions

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

Employment Opportunity for Construction D. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials E. Buy American Exceptions F. FAR 52.233-2 Service of Protest G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference H. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Instructions to Offerors and Clauses

A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2019)

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

D. FAR 52.219-14 Limitations on Subcontracting E. FAR 52.219-18 Notice of Competition Limited to 8(a) Eligible Participants F. FAR 52.223-21, FOAMS (Jun 2016) G. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 H. Security Requirements I. Additional Clauses

VI. Method Of Award

A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness/Price Realism D. Unbalanced Price E. Total Evaluated Price F. Non Price Factors G. Evaluation of Joint Ventures

Notice to Offerors of Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

52.219-6, Notice of Total Small Business Set Aside

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 at the Denver Federal Center are 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.

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

(2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form for GSA Solicitation No. 47PJ0020R0030

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

(4) The Agreement and Attachments to the Agreement

(5) The Statement of Work, Specifications, and Drawing Exhibits

(6) Bid Sheet Shell

(7) Bid Sheet Tenant Improvements

(8) CMMS Inventory Uploader Template (requires completion of Request for SBU Information)

(9) Request for Sensitive but Unclassified Building (SBU) Information (Solicitation Attachment 1)

(10) Past Performance Questionnaire for GSA Solicitation No. 47PJ0020R0030 (Solicitation Attachment 2)

I.C. Authorized Representatives

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

Authorized Representative Information:

Name: Dylan T. White

Address: General Services Administration

Acquisition Division (8PQB)

Denver Federal Center, Building 41

W 6th Ave. & Kipling Street

Lakewood, CO 80225

Telephone: (303) 817-3801

Email: dylan.white@gsa.gov

Alternate Point of Contact Information:

Name: Heath Moore

Address: General Services Administration

Acquisition Division (8PQB)

Denver Federal Center, Building 41

W 6th Ave. & Kipling Street

Lakewood, CO 80225

Telephone: (720) 273-0140

Email: heath.moore@gsa.gov

I.D. Pre-Proposal Conference

A pre-proposal conference will be held during the site visit at the following date and time.

Offerors that are unable to attend the site visit but are interested in attending the pre-proposal conference may contact Dylan White at dylan.white@gsa.gov for information about a conference line.

Date: December 12, 2019

Time: 9:00 a.m. Mountain Time

Location: Mike Mansfield Federal Building and U.S. Courthouse 400 N Main Street Butte, MT 59701-8866

I.E. Estimated Price Range The estimated price range for the project is between $250,000 and $500,000.

mailto:dylan.white@gsa.gov mailto:heath.moore@gsa.gov mailto:dylan.white@gsa.gov

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

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

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

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

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

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

(2) A site visit has been scheduled for the following date and time:

Date: December 12, 2019

Time: 9:00 a.m. Mountain Time

Location: Mike Mansfield Federal Building and U.S. Courthouse 400 N Main Street Butte, MT 59701-8866

Offerors unable to attend the scheduled site visit may coordinate with the point of contact shown below to arrange an appointment. However, please be aware that site visits by appointment are not guaranteed and dependent on the Government’s availability to accommodate such requests.

Name: Marty Findeisen

Phone: (720) 576-6970

Email: marty.findeisen@gsa.gov http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 mailto:marty.findeisen@gsa.gov

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team.

Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below.

For further information about the site visit or access requirements, please contact:

I.H. Receipt of Offers

In order to be considered for award, offers conforming to the requirements of the Solicitation must be received by one of the following methods described below by January 13, 2020 no later than 3:00 p.m. Mountain Time.

Method of Proposal Submission.

Offerors should submit proposals electronically to the GSA Contracting Officer, Dylan White, at dylan.white@gsa.gov. Please be advised that it may take several minutes for an electronic transmission to be received once sent. Electronic transmissions are limited to 25 MB. If the file attachment exceeds 25 MB it will not be received by the designated email address. Encrypt any electronic submission with personally identifiable information (PII) or sensitive but unclassified

(SBU) information with an approved encryption method described in GSA IT Security Policy, GSA

Order CIO P2100.1L, dated January 14, 2019, and in accordance with FIPS PUB 140-2, “Security

Requirements for Cryptographic Modules” and any other applicable standards. If it is not possible to submit an electronic file of the original proposal, then please contact GSA’s contracting officer, Dylan White, for instructions on other arrangements.

If it is not possible to submit an electronic file of the proposal, then offerors may submit proposals to the following office by the indicated date and time:

Proposal

Deadline:

January 13, 2020 3:00 p.m. Mountain Time

Address:

Attn: Dylan T. White

U.S. General Services Administration

Acquisition Division (8PQB)

One Denver Federal Building

Gate 2, Bldg. 41, Dock E17A, Room 177

Denver, CO 80225-0546

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 United States Mail (or other carrier) shall be deemed timely if delivered to the address of the government installation designated for receipt of the offers on or before the date established for receipt of offers. Offerors sent electronically shall be deemed received as of the date and time the proposal is received in the designated inbox.

II. Proposals

II.A. Proposal Contents

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

1. Price Proposal

a. Standard Form 1442 for GSA Solicitation No. 47PJ0020R0030

b. Acknowledgment of all amendments on block 19 block 20a, 20b and 20c or a signed standard form 30 for all amendments

c. Pricing Supplement for Standard Form 1442 (CSI divisions format for shell and tenant improvements)

d. Standard Form 24, Bid Bond

e. List of authorized representatives to negotiate and bind the offeror.

2. Technical Proposal

a. completed past performance questionnaire(s), signed by the client/owner reference, and/or completed and final Contractor Performance Assessment Report(s) (CPARs); and

b. relevant experience information requested in GSA Solicitation No.

47PJ0020R0030 to include examples of Similar Projects and narrative

c. resumes of relevant experience of key personnel to include, at a minimum, the following positions:

i. project manager;

ii. construction superintendent; and

iii. lead architect.

d. One page matrix chart to identify the roles of key personnel on Similar Projects

e. Offeror Representations and Certifications for GSA Solicitation No.

47PJ0020R0030

II.B. Proposal Format

(1) Proposal Format

Proposals should be submitted on non-reduced 8-½” x 11” sheets with 1” margins. All information shall be submitted in English. Any diagrams, charts, forms, indices, tables, graphs, price forms, or non-narrative content may be included as an attachment to the proposal, and such attachments will not be counted as part of any page limitations. The font-type must be reasonably legible and the font-size should not be less than 10-point. If any part of the proposal is determined as illegible, then the Government will not evaluate the illegible parts of the proposal.

The Price Proposal and Technical Proposal should each be submitted as two separate electronic files (or bound documents).

(2) Requests for Information

Any requests for information must be submitted in writing (email acceptable) to the Contracting

Officer, Dylan White, at dylan.white@gsa.gov, and copied to Marty Findeisen at marty.findeisen@gsa.gov and Heath Moore at heath.moore@gsa.gov. The Government will provide responses no later than 5 calendar days after the requests for information deadline. The

Government does not guarantee a response will be provided if a request for information is submitted after December 28, 2019.

(3) Acceptability and Completeness.

All proposals will be evaluated for acceptability and completeness. In preparation of the proposal, it is the offeror’s responsibility to review the solicitation documents, scope, requirements, attachments, terms and conditions, Standard Form 30, solicitation amendments, and any other documents included with the solicitation.

Offerors are reminded to submit a proposal that contains the offeror’s best terms from a price and technical standpoint (see FAR 52.215-1(f)(4)). The Government intends to conduct discussions, however, the Government reserves the right to remove proposals from further consideration if determined unacceptable, incomplete, or otherwise not competitive.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

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

(3) Additional Proposal Requirements

Offerors must submit a Bid Bond on Standard Form 24 and the CSI division pricing details for both the shell and tenant improvement pricing components. Offerors must submit all pricing information specified in Section II.A. of this Solicitation.

mailto:marty.findeisen@gsa.gov

II.D. Technical Proposal

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

Definitions

For the purposes of these evaluation factors, “Similar Project” means the extent to which a project is comparable in nature, type, and complexity as defined by the following characteristics

(in no order of importance):

i. design-build project delivery method;

ii. construction services for repairs, alterations, or improvements performed on buildings listed on the National Register of Historic Places;

iii. repairs, alterations, or improvements for a U.S. Courthouse;

iv. a project of at least $250,000;

v. offeror managed the project as the prime contractor; and

vi. completed, or at least 50% complete, within the last 10 years of the proposal due date.

Instructions on Submitted Similar Projects: The offeror may satisfy the submittal requirements of Evaluation Factors 1 and 2 through its submitted portfolio of three (3) – five (5)

Similar Projects. Offerors should not submit more than five (5) Similar Projects to satisfy the submittal requirements of both Evaluation Factor 1 and Evaluation Factor 2. The Government will only consider the first five (5) selected Similar Projects indicated in the offeror’s proposal.

The Government will evaluate the Similar Projects submitted by the offeror in the evaluation of

Factor 1 and Factor 2. Do not submit more than five (5) projects for the Government to evaluate as part of the proposal.

Factor 1 – Company’s Past Performance – 40%

Description: This factor considers the depth and quality of the offeror’s past performance on

Similar Projects with regards to considerations such as technical success, customer satisfaction, successful management of the project, perceived quality of the final product from end users and clients, timeliness and responsiveness of the offeror, and the ability to coordinate activities and work with various stakeholders. The factor considers the relevance and temporal proximity of the submitted Similar Projects. The relevance of the factor is evaluated against the extent to which the submitted Similar Project aligns with the stated characteristics in the definition for Similar Project.

Submittal Requirements: Provide at least three (3) and no more than five (5) examples of

Similar Projects that demonstrate successful past performance. The selected Similar Projects submitted for past performance must include owner reference(s) and owner information to include the following: name, title/position, and contact information (such as a phone number and email address). The selected references should be familiar with the submitted project such as the owner’s representative and owner’s project manager having oversight for the project. The selected similar project must include the following information: name of project, location of project, contract number or unique project identifier (as applicable), original awarded value of project, final awarded value of project, period of performance, and number of modifications. The submitted past performance information should be completed on the Past Performance

Questionnaire for GSA Solicitation No. 47PJ0020R0030 it is the responsibility of the offeror to inform the references to expect to be directly contacted for the purpose of discussing past performance on the project.

The offeror may submit any of the following to satisfy the proposal submittal requirement for past performance:

1. the past performance questionnaire (PPQ) (included as an attachment to the RFP), completed by the client/owner reference, for projects the offeror selected to submit for past performance; or

2. a completed evaluation in the Contractor Performance Assessment Reporting System.

Factor 2 – Company’s Relevant Experience – 30%

Description: This factor considers the extent of demonstrated experience, knowledge, and capabilities of the offeror based on the submitted Similar Projects. The evaluation of this factor considers the strength of alignment of the submitted Similar Projects with the requirements of the request for proposal, statement of work, and contract documents for the U.S. Probation

Office Renovation project. The evaluation factor considers the strengths of the alignment and logical connection of described capabilities in the general narrative and the requirements of the request for proposal, statement of work, and contract documents for the U.S. Probation Office

Renovation project.

Submittal Requirements: Offerors must submit a general narrative that addresses the firm’s core competencies, knowledge, and experience as they relate to the Government requirement for the U.S. Probation Office Renovation at the Mike Mansfield Federal Building / U.S.

Courthouse. Offerors may submit up to two pages (standard page 8.5”x11” or electronic equivalent) for the requested general narrative. The relevant experience in the narrative should describe any value added benefits as applied to the Government requirement.

Provide at least three (3) and no more than five (5) examples of Similar Projects. The submitted portfolio of selected Similar Projects must demonstrate all six of the stated characteristics of

Similar Projects or the offeror will not be considered further. Each example of Similar Projects should include a project description, period of performance, description of the scope of design and construction services (as applicable), project reference and/or name, the original award amount, and the final contract value after adjustments. Each submitted Similar Project must not exceed three (3) pages (standard page 8.5”x11” or electronic equivalent).

Note: Reference “Instructions on Submitted Similar Projects” above in the “Evaluation Criteria” section. Offerors must not submit more than five (5) Similar Projects to satisfy the submittal requirements of both evaluation Factor 1 and Factor 2.

Factor 3 – Experience of Key Personnel – 30%

Description: This factor considers the relevant experience of key personnel proposed for the design-build U.S. Probation Office Renovation project. Offerors must have key personnel with the required relevant experience to perform their respective responsibilities and functions at a professional level. The factor evaluates the proposed extent and depth of experience of the identified positions of project manager, construction superintendent, and lead architect.

Submittal Requirements: The offeror shall identify the personnel proposed to fill key positions listed below and state their roles and responsibilities for the U.S. Probation Office Renovation project. The offeror shall provide evidence of the competency, qualifications, and related experience of key personnel. The offeror shall provide resumes for each key personnel clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing and certifications, and work experience (including roles) over the last five (5) years. Resumes may not exceed three (3) pages per person (standard page 8.5”x11” or electronic equivalent).

At a minimum, the design-build key personnel for the U.S. Probation Office Renovation project shall consist of the following positions:

project manager;

construction superintendent; and lead architect.

The offeror should provide a matrix chart (one page) clearly identifying the roles that key personnel held on the projects submitted under Factor 1 and Factor 2 (if applicable). The offeror should also include in the matrix chart the identified roles of key personnel held on projects that may have not been submitted under Factor 1 and Factor 2.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301-SAT).

https://www.sam.gov/

II.F. Requirements of Joint Venture Offerors

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

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

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

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

III. General Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation.

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but do not warrant that all such requests will be answered within 15 calendar days. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to Clause FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

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

III.G. Bond Requirements

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 who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

http://www.sba.gov/

III.H. Contractor Performance Information

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

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment

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

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

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

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

(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 in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

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

IV. FAR/GSAR Solicitation Provisions

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

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

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

(MAY 14)

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

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

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

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

IV.C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(Applicable to solicitations resulting in construction contracts in excess of $10,000.)

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

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

2.7% 6.9%

These goals are applicable to all of the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is:

Silver Bow

Butte, MT

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

(MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

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

(c) Evaluation of offers.

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

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

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(d) Alternate offers.

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

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

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

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

(ii) May be accepted if revised during negotiations.

IV.E. Buy American Exceptions

For Buy American exceptions, if any, see the applicable Buy American clause in Section IV of the Agreement

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

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

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

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

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

Federal Acquisition Regulation

NUMBER TITLE DATE

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

52.215-16 Facilities Capital Cost of Money JUN 03

52.236-28 Preparation of Proposals - Construction OCT 97 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://www.acquisition.gov/comp/far/index.html

IV.H. GSAR Clause 552.102 Incorporating Provisions and Clauses

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

V. Instructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (Jan 2017)

(a) Definitions. As used in this provision.

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

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

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

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

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

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

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

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

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

(i) The solicitation number;

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

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

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

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

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

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

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

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

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

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

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

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

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

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

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

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed.in whole or in part.for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of.or in connection with.the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

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

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

(f) Contract award.

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

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

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

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.