01 - The Solicitation - Amendment 0001.pdf

GSA Solicitation No. 47PJ0020R0183

CMc – Frank E. Moss Seismic Upgrades and Building Renovation July 2020 r2 508

The Solicitation Page 1 of 28

Construction Manager as Constructor (CMc) Contract for:

The Frank E. Moss Courthouse, Seismic Upgrades, Backfill, & Building Renovation Project

The Solicitation

Project Location(s): Frank E. Moss Courthouse

350 South Main Street

Salt Lake City, UT 84101

Wallace F. Bennett Federal Office Building

125 South State Street

Salt Lake City, UT 84138

Contracting Office Address: General Services Administration (GSA), Public Buildings Services (PBS)

Acquisition Division (8PQB)

One Denver Federal Center, Building 41

Denver, CO 80225-0546

General Information: NAICS: 236220, Commercial and Institutional Building Construction

NAICS Size Standard: $39.5 million

Government Point of Contact(s): Rhonda Widick, Contracting Officer rhonda.widick@gsa.gov

Garrett Miller, Contract Specialist garrett.miller@gsa.gov

Total Contract Estimated Price Range: between $75,000,000 and $90,000,000.

Questions: Initial questions and/or comments related to solicitation 47PJ0020R0183 shall be submitted, in writing via email, to both the Contracting Officer and Contract Specialist no later than 10:00 AM

Mountain Time, January 13, 2021. Please note, a second round of questions will be requested at a future date.

Technical Submission Due Date/Time: 10:00 AM Mountain Time, January 26, 2021

Price Submission Due Date/Time: 10:00 AM Mountain Time, March 31, 2021

Submission Requirements: Interested Offerors shall thoroughly review the solicitation documents for all for submission requirements.

A bid bond is required in accordance with FAR 52.228-1, Bid Guarantee. The amount of the bid guarantee shall be

20 percent of the bid price or $3,000,000, whichever is less. Considering the project magnitude is $75M-$90M, use

$3,000,000.

Refer to page 5 of 28 for pre-proposal conference and site visit information.

Comments about either or both of the concept design packages to ensure meaningful price competition are encouraged but not required. Comments regarding constructability within the total contract estimated price range are also encouraged but not required.

NOTICE: Technical documents are available. In order to receive a copy of these documents, Offeror’s must complete the provided Attachment 5 - SBU Information Request Form and return the completed/signed document to both the Contracting Officer at Rhonda.widick@gsa.gov and the Contract Specialist at garrett.miller@gsa.gov.

Documents will be distributed to Offerors who return properly completed forms.

mailto:rhonda.widick@gsa.gov mailto:garrett.miller@gsa.gov mailto:Rhonda.widick@gsa.gov mailto:garrett.miller@gsa.gov

The Solicitation Page 2 of 28

Table of Contents

I. General Information

A. The Project

B. The Solicitation and Contract

C. List of Solicitation Documents

D. Authorized Representatives

E. Pre-Proposal Conference

F. Magnitude of Construction

G. FAR 52.236-27 Site Visit – Construction

H. Receipt of Offers

II. Proposals

A. Proposal Contents

B. Proposal Format

C. Technical Proposal

D. Price Proposal

E. Other Information to be Submitted with Proposal

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 and Dissemination of Controlled Unclassified Information (CUI) Building

Information

J. INFORM 2.0

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 52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade

Agreements

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

I. GSAR 552.252-5 Authorized Deviations in Provisions

J. Small Business Subcontracting Plan

K. Project Labor Agreement

L. Certified Cost or Pricing Data

M. Additional Provisions

(i) GSAR 552.236-74, Evaluation of Options (Mar 2019)

(ii) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019)

(iii) SBU Information

V. Instructions to Offerors and Clauses

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

B. FAR 52.244-5 Competition in Subcontracting

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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

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I. General Information

I.A The Project

I.B. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the Solicitation Documents. 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.C. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Other Forms Required For Submission with Proposals

Attachment 1 – Offeror Past Performance Questionnaire

Attachment 2 – Key Personnel Past Performance Questionnaire

Attachment 3 – Contract Price Form

Attachment 4 – Model Subcontracting Plan

Attachment 5 – SBU Information Request Form

Attachment 6 – Authorized Negotiators

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

(5) The Agreement and Attachments to the Agreement

(6) General Decision Number UT20200085, Dated 10/30/2020

(7) The Scope of Work, Specifications, Drawings, Exhibits and other Attachments to the Agreement.

(Provided as a Google Document after submission of the SBU Document)

I.D. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Rhonda Widick

Address: General Services Administration (GSA), Public Buildings Service (PBS)

Acquisition Division (8PQB)

One Denver Federal Center, Building 41

Denver, CO 80225-0546

Telephone: 402-601-8041

Email: rhonda.widick@gsa.gov

Alternate POC Information

Name: Garrett Miller

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Authorized Representative Information:

Address: Wallace F. Bennett Federal Office Building

General Services Administration (GSA), Public Buildings Service (PBS)

125 South State Street, Room 5207

Salt Lake City, UT 84138

Email: garrett.miller@gsa.gov

I.E. Pre-Proposal Conference

Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

Date: Monday, January 11, 2020

Time: 1:00 PM Mountain Time

Location: The Pre-Proposal Conference will be held virtually

I.F. Magnitude of Construction

The estimated price range for the Project is between $75,000,000 and $90,000,000.

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) Site visits will be conducted by appointment only at the times and dates specified by the point of contact shown below. To arrange for a site visit please submit a request in writing to:

Name: Rhonda Widick

Email: rhonda.widick@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 seven (7) representatives from each Offeror. Offerors shall submit an email to the point of contact shown in paragraph 2 above to 1) request a Site Visit, and 2) identify all attendees from their respective team. Each participant 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 by the Contracting

Officer when confirmation of the site visit is provided to each Offeror.

(4) The Government anticipates holding Site Visits the week of: January 18th, 2021

I.H. Receipt of Offers

(1) The initial technical (non-price) documents included with the solicitation are a 50% Concept Design package. The Government anticipates the release of the 75% Concept Design package in March 2021 to ensure meaningful price competition (comments about the packages to ensure meaningful price competition are encouraged but not required). The Government will not accept any price proposals submitted prior to the Government amending the solicitation to incorporate the 75% Concept Design. To facilitate a timely contract award, the Government requires the submission of technical and price proposals separately. Offerors shall first submit its technical proposal, followed by its price proposal in accordance with the dates provided below.

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

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(2) In order to be considered for award, the Offeror shall first submit its technical proposal by the technical proposal due date as required below; then the Offeror shall submit its price proposal by the price proposal due date as required below. Offerors failing to meet both of these deadlines will not be considered for award.

Technical Proposal: In order to be considered for award, an Offeror’s technical proposal must be emailed and received at the following email addresses no later than 10:00AM Mountain Time:

DATE: January 26, 2020

ADDRESS: rhonda.widick@gsa.gov

Price Proposal: In order to be considered for award, an Offeror’s price proposal must be emailed and received at the following email addresses no later than 10:00AM Mountain Time:

DATE: March 31, 2021

ADDRESS: rhonda.widick@gsa.gov

(3) Electronic Submission of Proposals (November 9, 2020)

Electronic Submission of Proposals: Offers must be received by the email address of the GSA Point of

Contact (POC) listed herein on or before the date and time established for receipt of offers. The date and time of receipt will be established according to the Government computer system’s documentation showing the exact official time of receipt by the GSA POC listed herein and not by the time the electronic proposal was sent by the Offeror or received by the GSA server. It is the Offeror’s responsibility to ensure proposals are complete and submitted early enough to be received by the GSA POC before the deadline, and to confirm receipt before the deadline. Proposals or portions of proposals which are received by the GSA POC later than the time noted within will be rejected and will not be considered.

NOTE: The maximum file size is 25 MB. GSA has occasionally experienced delays in delivery of emails from the GSA server to an email account. Therefore contractors/offerors need to plan accordingly.

WARNING: Consistent with GAO case law on the issue of “late-is-late rule” related to electronically submitted proposals, GSA will strictly comply with and enforce FAR 52.215-1(c)(3)(ii)(A). Pursuant to

GAO’s application of FAR 52.215-1(c)(3)(ii)(A), an electronically submitted proposal that is received late will not be considered unless (1) it is received before award is made, (2) the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition and (3) 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. FAR 52.215-1 (c)(3)(ii)(A)(1).

(4) All proposals must be submitted electronically via email; hard copy proposals will not be accepted or considered for award.

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II. Proposals

II.A. Proposal Contents

Technical Proposal:

The technical proposal submission shall consist of the following documents, completed and executed in accordance with the Solicitation:

1. Technical Proposal

2. Offeror Representations and Certifications

3. Standard Form 24 – Bid Bond/Offeror Bid Guarantee

4. Authorized List of Negotiators

Price Proposal:

The price proposal submission shall consist of the following documents, completed and executed in accordance with the solicitation:

1. Price Proposal

i. Standard Form 1442

ii. Agreement, II.B Contract Price Form

iii. Contract Price Form (Attachment 3)

2. List of items included within the offeror's home office overhead

3. GSA Form 527 – Contractor’s Qualification and Financial Information

4. Subcontracting Plan

II.B. Proposal Format

All information shall be submitted in English. Proposals that do not follow these instructions, or otherwise include documentation that is difficult to read, may result in disqualification or a lower evaluation rating.

Proposals shall be submitted in the following format: All pages shall be 8 ½” x 11”, with easily identifiable sections to correspond with the evaluation factors. Each page shall be numbered. Proposal text shall be in a standard font of a minimum of ten (10) points and a maximum of twelve (12) points in height, single-spaced.

All proposal development costs shall be borne by the Offeror without reimbursement from GSA.

II.C. Technical Proposal

(1) The Technical Proposal shall include the information requested below for the non-price factors described in

Section VI.

Factor 1 – Offeror’s Experience

Factor 2 – Offeror’s Past Performance

Factor 3 – Technical Approach

Factor 4 – Key Personnel Past Performance

Factor 5 – Project Labor Agreement

In the Offeror’s technical proposal, state whether the offeror intends to submit a PLA proposal, non-PLA proposal or both. Offers indicating the submission of a PLA proposal under the technical proposal submission will be verified at the price submission phase

(2) The technical proposal should also include a copy of the Offeror’s Representations and Certifications.

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Offerors are reminded their SAM registration status must be “Active”, at the time both their technical and price offers are submitted, to be considered for award (see 52.204-7). Offerors submitting proposals 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 technical proposal, the Annual

Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and

Certifications (C301).

(3) A bid bond is required in accordance with FAR 52.228-1, Bid Guarantee. The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less. Considering the project magnitude is

$75M-$90M, use $3,000,000.

(4) Offerors should return the completed Attachment 6 – Authorized Negotiators form.

II.D. Price Proposal

(1) 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.

Offerors shall provide detailed price breakouts, using the Attachment 3 – Contract Price Form, for each price element shown on the pricing form included in Section II of the Agreement.

(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) Project Labor Agreement

Offerors may submit a price proposal subject to the Project Labor Agreement (PLA) requirements set forth in this solicitation (a PLA proposal), a price proposal not subject to the PLA requirements set forth in this solicitation, or both. Any price proposal submitted shall clearly identify whether it is subject to such PLA requirements.

(4) Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on

GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

(5) The Offeror must submit all disclosures in accordance with FAR 52.230-1, Cost Accounting Standards

Notice and Certifications and FAR 52.230-7, Proposal Disclosure – Cost Accounting Practice Changes.

https://www.sam.gov/

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(6) Subcontracting Plan

Using Attachment 4 – Model Subcontracting Plan, large business Offerors shall provide a subcontracting plan that identifies subcontracting goals for the following:

(a) Small Business (SB)

(b) Veteran-Owned Small Business (VOSB)

(c) Service-Disabled Veteran-Owned Small Business (SDVOB)

(d) HUBZone Small Business (HUBZone)

(e) Women-Owned Small Business

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

The Contract contemplated by this Solicitation provides for a Guaranteed Maximum Price (GMP) with CMc

Contingency Allowance (CCA), and determines the contractor's compensation in a manner significantly different from a firm-fixed-price contract.

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 http://www.sba.gov/

The Solicitation Page 10 of 28 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 and payment 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.

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 and Dissemination of Controlled Unclassified Information (CUI) Building Information

Certain information contained in the Solicitation Documents may have been designated as Controlled

Unclassified Information (CUI) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section

III of the Agreement, as a condition of receipt of such information.

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

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III.J INFORM 2.0

A. Overview of the IN-depth Feedback through Open Reporting Methods (INFORM 2.0) Process

This solicitation is part of an initiative using the INFORM 2.0 process which is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM 2.0 seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM 2.0 process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting that is not required by statute or regulation. For purposes of this solicitation, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM 2.0 process as further discussed below.

B. Detailed Description of the INFORM 2.0 Process

B.1. Component 1 - Notification of Award

After award and in accordance with any post-award notification timeframes required by regulation

(i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerors (the Notification of Decision Statement (NODS)). The notices will contain:

● All information required by statute or regulation;

● An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the unsuccessful offeror’s strengths, weaknesses, risks, and deficiencies;

● An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price; overall technical ranking, rating, or score.

B.2. Component 2 - Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NODS, an offeror may, but is not required to:

● submit a written request to the contracting officer for an oral feedback meeting;

● submit a list of written questions to the contracting officer; or

● take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR

15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three day time period, the receipt of the NODS concludes the INFORM 2.0 process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer’s response to the written questions will conclude the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506.

If the offeror requests an oral feedback meeting, the offeror should provide the following information:

● Primary point of contact;

● List of participants with titles (e.g., Senior Vice President);

● List of topics to assist GSA better prepare for the oral feedback meeting; and

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● Preference for in-person, telephone, or web-based conferencing (if available).

B.3. Component 3 - Oral Feedback Meeting

During the oral feedback meeting, GSA’s objectives are to provide:

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

● Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational;

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation.

B.4. Component 4 - Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM 2.0 process and any corresponding postaward debriefing as further set forth at FAR

15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

IV. FAR/GSAR Solicitation Provisions

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

The Government contemplates award of a Construction Manager as Constructor (CMc) Guaranteed Maximum Price with Construction Contingency Allowance and Shared Savings 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)

(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:

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Goals for Minority Participation for

Each Trade

Goals for Female Participation for

Each Trade

6.0% 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:

Salt Lake City County, Salt Lake City, Utah

IV.D. FAR 52.225-12 Notice of Buy American Requirement—Construction Materials Under Trade

Agreements. (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material,"

"designated country 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 Under Trade Agreements" (Federal Acquisition

Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause

52.225-11 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.

https://www.acquisition.gov/far/part-52#FAR_52_225_11

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(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 materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-

11.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph

(b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country 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

Not applicable

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.

https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.gsa.gov/forms-library/solicitation-offer-and-award-construction-alteration-or-repair

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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:

www.acquisition.gov

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

52.219-4 Notice of Price Evaluation Preference for

HUBZone Small Business Concerns

OCT 14

52.236-28 Preparation of Proposals - Construction OCT 97

IV.H. GSAR Clause 552.102 Incorporating Provisions and Clauses by Reference

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.

IV.I. GSAR 552.252-5 Authorized Deviations in Provisions (Deviation FAR 52.252-5) (Sep 1999)

(a) Deviations to FAR provisions.

(1) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation

(48 CFR Chapter 1) provision by the addition of “(DEVIATION)” after the date of the provision, if the provision is not published in the General Services Administration

Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation

(FAR) provision that is published in the General Services Administration Acquisition

Regulation by the addition of “(DEVIATION (FAR provision no.))” after the date of the provision.

(b) Deviations to GSAR provisions. This solicitation indicates any authorized deviation to a General

Services Administration Acquisition Regulation provision by the addition of “(DEVIATION)” after the date of the provision.

(c) “Substantially the same as” provisions. Changes in wording of provisions prescribed for use on a

“substantially the same as” basis are not considered deviations.

IV.J. Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is required to be submitted with offers.

IV.K. Project Labor Agreement (PLA)

(1) This Project Labor Agreement section IV.K. only applies to proposals submitted subject to the PLA requirements of this solicitation.

(2) FAR 52.222-33 Notice of Requirement for Project Labor Agreement (May 2010) Alternate 1

(DEVIATION July 2011)

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(a) Definitions. “Labor organization” and “project labor agreement,” as used in this provision, are defined in the clause of this solicitation entitled Project Labor Agreement.

(b) The apparent successful offeror shall negotiate a project labor agreement with all labor organizations having jurisdiction over the trades involved in the construction of the project. The project labor agreement must be signed by all such labor organizations and cover the entirety of the construction work to be performed during the term of the resulting construction contract.

(c) Consistent with applicable law, the project labor agreement reached pursuant to this provision shall—

(1) Bind the offeror and all subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow the offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements.

(d) Any project labor agreement reached pursuant to this provision does not change the terms of this contract or provide for any price adjustment by the Government.

(e) The apparent successful offeror shall submit to the Contracting Officer a copy of the project labor agreement prior to contract award.

(3) The requirements of 52.222-33 Alt I are supplemented as follows:

(a) The project labor agreement reached pursuant to FAR 52.222-33 Alt I shall supersede the terms of any other collective bargaining agreement that conflict with the terms of such project labor agreement.

(b) Within 30 days following receipt of written notification to the apparent successful offeror by the

Contracting Officer, the apparent successful offeror shall furnish the Contracting Officer with a copy of an executed project labor agreement that meets the requirements of this Section. If, for any reason, the apparent successful offeror fails to furnish such project labor agreement within the time stated above, the Government may, in its sole discretion, eliminate the proposal from consideration and select the next apparent successful offeror.

IV.L. Requiring Certified Cost or Pricing Data [15.403-4]

Not Applicable at contract award.

IV.M. Additional Provisions

(i) GSAR 552.236-74, Evaluation of Options (Mar 2019)

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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(ii) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019)

(a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within 400 calendar days of contract award.

(b) If the Government exercised the option, the contract shall be considered to include this option clause.

(iii) Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information

This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers, and manufacturers.

(a) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the contracting officer may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.

(b) Authorized recipients. Building information considered SBU must be protected with access strictly controlled and limited to those individuals having a need to know such information. Those with a need to know may include Federal, State, and local government entities, and nongovernmental entities engaged in the conduct of business on behalf of or with GSA. Nongovernmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, and others submitting an offer or bid to GSA or performing work under a GSA contract or subcontract. Contractors must provide SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

(c) Dissemination of SBU building information:

(1) By electronic transmission. Electronic transmission of SBU information outside of the GSA firewall and network must use session (or alternatively file encryption). Sessions (or files) must be encrypted with an approved NIST algorithm, such as Advanced Encryption Standard (AES) or Triple Data

Encryption Standard (3DES), in accordance with the Federal Information

Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for

Cryptographic Modules. Encryption tools that meet FIPS 140-2 are referenced on the NIST web page found at the following URL:

http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm. All encryption products used to satisfy the FIPS 140-2 requirement should have a validation certificate that can be verified at the following

URL: http://csrc.nist.gov/groups/STM/cmvp/validation.html#02. (Not all vendors of security products that claim conformance with FIPS 140-2 have validation certificates.) Contractors must provide SBU building information only to authorized representatives of State, Federal, and local government entities and firms currently registered as “active” in the Central Contractor

Registration (CCR) database at www.ccr.gov that have a need to know such information. If a subcontractor is not registered in the CCR and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license.

http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm http://csrc.nist.gov/groups/STM/cmvp/validation.html#02 http://www.ccr.gov/

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(2) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include but are not limited to CDs, DVDs, and

USB drives. Nonelectronic forms of SBU building information include paper documents.

(i) By mail. Utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

(ii) In person. Contractors must provide SBU building information only to authorized representatives of State, Federal, and local government entities and firms currently registered as “active” in the CCR database that have a need to know such information.

(3) Record Keeping. Contractors must maintain a list of State, Federal, and local government entities and the firms to which SBU is disseminated under sections

(c) (1), and (c) (2) of this clause. The list must include at a minimum (1) the name of the State, Federal, or local government entity or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once work is completed, or for leased space with the submission of the “as built” drawings, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the contracting officer. For federal buildings, final payment may be withheld until the lists are received.

(d) Retaining SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a need to know such information.

(e) Destroying SBU building information. SBU building information must be destroyed such that the marked information is rendered unreadable and incapable of being restored, or returned to the contracting officer, when no longer needed, in accordance with guidelines provided for media sanitization within Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization, available at http://csrc.nist.gov/publications/nistpubs/800-88/NISTSP800-88_rev1.pdf. If SBU building information is not returned to the contracting officer, examples of acceptable destruction methods for SBU building information are burning or shredding hardcopy;

physically destroying portable electronic storage devices such as CDs,…