RFQ_47PL0119Q0030_Border_Patrol_Station_Crosswalk_Restriping.pdf

GSA Solicitation No. 47PL0119Q0030

Document: C201-SAT-LPTA/APRIL 2019 (The Solicitation)

Simplified Acquisition construction Contract for: Border Patrol Station Crosswalk Restriping

The Solicitation

FAR 52.204-7 An Offeror is required to be registered in SAM.gov when submitting an offer, and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation.

FAR 52.219-6 The contract resulting from this solicitation shall be 100% Small Business set aside.

FAR 52.228-1 Bid Guarantee is not applicable to this solicitation.

FAR 52.228-13 Alternative Payment Protections is applicable to this solicitation.

The estimated magnitude of construction of this requirement is between $25,000 and $100,000.

US Department of Labor Construction Wage Determination is applicable and is attached.

Liquidated Damages are not applicable to the contract resulting from this solicitation.

Site Visit - See page 6 of the Solicitation Document.

Questions concerning this solicitation are to be sent via email to the Contract Specialist, jong.kim@gsa.gov. Questions should be received 5 days prior to the date and time of the proposal due date (block 13) of this solicitation.

Table of Contents

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

II. Proposals

A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to Submit 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/Payment Protection Requirements

H. Contractor Performance Information I. Safeguarding Document Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions A. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction B. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials C. Buy American Exceptions D. FAR 52.252-1 Solicitation Provisions Incorporated by Reference E. 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 52.223-21 FOAMS

C. FAR 52.222-62 Paid Sick Leave D. Security Requirements E. Additional Clauses

(i) GSAR Clause 552.211-10 Commencement, Prosecution and Completion of Work (Mar 2019)

(ii) GSAR Clause 552.232-5, Payment Under Fixed Price Construction Contracts (Mar 2019)

(iii) GSAR Clause 552.236-73, Subcontracts (Apr 1984)

(iv) GSAR Clause 552.243-71, Equitable Adjustments (Mar 2019)

VI. Method Of Award

A. Evaluation of Offers – Lowest Price Technically Acceptable B. Lowest Price Technically Acceptable Evaluation Process C. Price Reasonableness/Price Realism D. Unbalanced Prices

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

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 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.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement and Attachments to the Agreement

(5) Other Forms Required For Submission with Proposals

I.C. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Heather Bowden

Address: 400 15th Street SW, Auburn, WA 98001-0001

Telephone: (253) 204-5631

Email: heather.bowden@gsa.gov

Alternate POC Information

Name: Jong Kim

Address: 400 15th Street SW, Auburn, WA 98001-0001

Telephone: (206) 231-9171

Email: jong.kim@gsa.gov

I.D. Estimated Price Range

The estimated price range for the Project is between $25,000 and $100,000.

I.E. 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.

Date: Monday, June 17, 2019

Time: 10:00 AM (PDT)

Meeting Location: Sumas Land Port of Entry Station Building, Conference Room 103 Cherry Street, Sumas, WA 98295 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

(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.

(4) All attendees shall carry both proof of citizenship and proof of identify such as U.S.

Passport, U.S. Passport Card, NEXUS Card, or Enhanced Driver License.

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

Primary POC for Site Visit Name: Frank Hill

Address: 400 15th Street SW, Auburn, WA 98001-0001

Telephone: (253) 931-7395

Email: frank.hill@gsa.gov

Alternate POC for Site Visit Name: Jong Kim

Address: 400 15th Street SW, Auburn, WA 98001-0001

Telephone: (206) 231-9171

Email: jong.kim@gsa.gov

I.F. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 1:00 pm (PDT) on the following date and at the following address:

Date: Wednesday, June 26, 2019 Address: jong.kim@gsa.gov Email Only

(2) 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.

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

mailto:jong.kim@gsa.gov

II. Proposals

II.A. Proposal Contents

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

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications

4. Other Documents as Required

II.B. Proposal Format

Price Proposal – SF 1442 and Cost Breakdown (to include all sub-contractor proposal/quotes) The Proposal shall consist of the following items:

a. Cover Letter (one page) – Shall include Quoter’s name, address, phone number, and email address as well as a statement providing: SAM Registered/Certified (include DUNS and CAGE Code), No Active Exclusions, and Provisions/Clauses completed (do not send SAM Record). Also include statement that the end product will be in compliance with specifications per SOW. – Include DUNS and CAGE on all proposed SubContractors as well.

b. Price Information

c. Technical Information

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

II.D. Technical Proposal

To be determined technically acceptable, the contractor must adequately address the following non-cost factors in a manner which leaves the Government with no doubt as to the offeror’s ability to successfully accomplish the contract requirements within the required time schedule. A “fully technically acceptable quote” is a quote evaluated “Acceptable” in each non-cost evaluation factor.

This is an “Acceptable/Not Acceptable” assessment. Price proposals will be evaluated for price reasonableness. Pricing that is considered deficient, unbalanced, or unreasonable may be rejected and not considered “Not Acceptable”.

The Government reserves the right to award on initial offers without discussions. Therefore, Offerors are encouraged to submit their most favorable package. Offerors are cautioned that quotes containing qualifications, conditions, or expressing unilateral interpretations of the RFQ requirements may be determined to be “Not Acceptable” by the Contracting Officer. In the case where any or all quotes are found to be “Not Acceptable” or there is adverse past performance information, the Government may choose to enter into communications/clarifications/negotiations to address said information. In the case where it is determined that negotiations will be held, notification will be provided to Offerors individually.

The Government reserves the right to reject any or all quotes if such action is deemed in the Government’s best interest. The Government may accept minor irregularities in the proposals received if the irregularities are determined to be insignificant or inconsequential to the overall evaluation.

Evaluation Factors

Factor 1 Experience on Comparable Projects

Factor 2 Schedule

Technical Evaluation

FACTOR 1: Experience on Comparable Projects

The offeror shall submit a minimum of three with a maximum of four project examples demonstrating relevant experience to include working on historical buildings. “Relevant” is defined as projects similar to the project described in this RFQ in scope, magnitude and complexity and have a logical connection with the requirements of this RFQ. Examples of relevant experience include similar construction stripping projects.

Examples shall include Offeror’s ability to effectively coordinate trades, ability to complete projects within the approved schedule, and critical phasing of work. Narrative should demonstrate offerors’ ability to ensure delivery of quality product and service; effectively control costs, manage contract changes; complete projects within the approved schedule; and management of resources/subcontractors.

Offerors shall submit at a minimum the information shown on Exhibit 1. The information provided shall not exceed two (2) pages (format to be consistent with Exhibit 1) per project. The Government reserves the right to contact the point of contact provided by the offeror to verify the offeror’s experience on comparable projects. All projects submitted must be at least 75% complete or must have been completed within the last four (4) years from the date quotes are due (for this RFQ).

Experience on Comparable Projects will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-1:

Table A-1. Experience on Comparable Projects - Acceptable/Unacceptable Ratings

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation and the offeror addressed the required items.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation and the offeror did not address the required items.

FACTOR 2: Schedule

Description: This factor considers the extent that the Offeror technically understands the project requirements and has presented a realistic, attainable schedule containing all key work elements necessary to ensure successfully completion of the project within the stated performance period.

Submittal Requirement: Offerors shall submit as a part of their quote a practicable schedule showing the critical path in which the Offeror proposes to perform the work in order to meet the required delivery dates, and the milestone dates on which the Offeror contemplates starting and completing the several salient features of the work (including key activities) to ensure operations at the other winds won’t be compromised by the ones outlined in the scope of works (SOWs). The schedule shall be in the form of a fully developed master project schedule as a Microsoft Project schedule file or similar/equal to and structured in a way that will allow the Government to evaluate activity relationships. In addition a schedule narrative is required which identifies and describes your critical path schedule and coordination for this project as well as coordination efforts with subcontracted efforts. Schedule must also be provided in PDF.

Project Schedule

1) Offerors shall describe their approach to managing and delivering a project of the magnitude and complexity of this project under budgetary and time constraints. The description shall include a discussion of Offeror’s approach to managing the project to meet or exceed performance criteria, on schedule, and within budget. Offerors should include discussions of how the schedule for the project will be met while, at the same time, managing any changes that may occur.

2) Offeror shall provide a Preliminary Project Schedule narrative of between one (1) to five (5) pages and a comprehensive and fully developed Critical Path Method (CPM) project schedule in the form noted above under “Submittal Requirement”, and shall include milestones on which the Offeror contemplates starting and completing the several salient features of the work. In the case where milestone dates are dependent upon approval of an activity and individual notice-to-proceeds for specific areas, the Offeror shall ensure that such milestones are annotated in the narrative that they are dependent upon specific approval from the GSA. The schedule shall be of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. Identify and describe your critical path schedule and coordination for this project to meet the construction deadline, including, but not limited to, Notices to Proceed, design, submittals, ordering of materials, construction inspection, substantial completion, final completion, and other anticipated work elements which clearly defines the Offeror’s understanding of the project and ability to meet the project required delivery date. Ensure that the network logic shall be linked (e.g. project milestones and activities, etc.), and the logic shall show the general management approach to constructing, performing confidence testing, and any associated demolition and finish work related to the Project. Float time between activities shall be calculated and identified.

Standard of Evaluation: This factor considers the extent that the Offeror technically understands the project requirements and has presented a realistic, attainable schedule containing all key work elements necessary to successfully complete the project within the stated performance period. In order for the Offeror’s quote to be rated “Acceptable”, it must be realistic and demonstrate the Offeror’s ability to satisfactorily plan, manage, and coordinate all work activities for the successful accomplishment of the project within the stated performance period and provide sufficient coordination between stakeholders to minimize interferences and delays. Schedules that do not show the work completing on time (or do not provide a clear and convincing explanation for why the allotted period of performance (POP) stated in the SOW is inadequate) may be rated “Unacceptable”.

Schedule will be rated on an “acceptable” or “unacceptable” basis using the ratings in Table A-2:

Table A-2. Schedule Evaluation Ratings

Rating Description

Acceptable

Schedule is realistic and demonstrates the Offeror’s ability to satisfactorily plan, manage, and coordinate all work activities for the successful accomplishment of the project within the stated performance period and provides sufficient coordination between stakeholders to minimize interferences and delays.

Unacceptable

Schedules do not show realistic timeframes, do not show the work completing on time (or that don’t provide clear & convincing rationale for why the POP is inadequate), and/or do not demonstrate the Offeror’s ability to satisfactorily plan, manage, and coordinate all work activities for the successful accomplishment of the project within the stated performance period and provide sufficient coordination between stakeholders to minimize interferences and delays.

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/

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered within 7 calendar days. Therefore, prospective Offerors should make such requests not less than 7 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

Unless the solicitation specifies that price proposals will be opened publicly, this acquisition is being conducted under the provisions of FAR Part 13 as a negotiated simplified 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 contains revisions to standard FAR and GSAR construction clauses. 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/Payment Protection Requirements http://www.sba.gov/

In accordance with FAR 28.102, if the contract exceeds $35,000 but does not exceed $150,000, a payment bond or alternative payment protection is required in the amount of the award.

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 Pledges 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 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 52.222-23 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:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

6.1% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is 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: Whatcom County, WA

IV.B. 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.

(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.

https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 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 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273

IV.C. Buy American Exceptions

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

IV.D. 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

52.204-6 Unique Entity Identifier Oct 2016

52.236-28 Preparation of Proposals – Construction

Oct 1997

IV.E. 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. Instruction to Offerors 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.

http://farsite.hill.af.mil/

(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.

(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.

https://www.acquisition.gov/far/html/52_215.html#wp1144511 https://www.acquisition.gov/far/html/52_223_226.html#wp1169636 https://www.acquisition.gov/far/html/52_223_226.html#wp1169636

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

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

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

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

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

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

V. B. Clauses

FAR 52.223-21, FOAMS (JUN 2016)

(a) Definitions. As used in this clause--https://www.acquisition.gov/far/html/Subpart%2015_3.html#wp1088919

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.

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

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

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as--

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

(2) Ability to meet performance requirements; and;

(3) Commercial availability at a reasonable cost.

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

V.C. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2017)

Implements EO 13706 which requires incorporation of new FAR Clause 52.222-62 in all contracts with 52.222-6, Construction Wage Rate Requirements, ($2,000 threshold), or 52.222- 41, Service Contract Labor Standards, ($2,500 threshold) and performance is in whole or in part in the United States

1) Bilateral Modifications extending the contract when such modifications are individually or cumulatively longer than six months

2) In IDIQ where the remaining ordering period extends at least six months and the amount of remaining work or number of orders expected is substantial.

V.D. Security Requirements

(1) FAR 52.204-9, Personal Identity Verification of Contractor Personnel, January 2011

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD- 12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

http://www.epa.gov/snap/ http://www.epa.gov/snap/

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(2) GSAR Clause 552.204-9 Personal Identity Verification Requirements, October 2012

(a) The contractor shall comply with GSA personal identity verification requirements, identified at HSPD12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.

V.E. Additional Clauses

(i) GSAR Clause 552.211-10, Commencement, Prosecution, and Completion of Work (Mar 2019)

(ii) GSAR Clause 552.232-5, Payment Under Fixed Price Construction Contracts

(Mar 2019)

(iii) GSAR Clause 552.236-73, Subcontracts (Apr 1984)

(iv) GSAR Clause 552.243-71, Equitable Adjustments (Mar 2019)

VI. Method of Award

VI.A. Evaluation of Offers – Lowest Price Technically Acceptable

(1) The Government intends to award a contract resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value from the selection of the technically acceptable proposal with the lowest evaluated price. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability http://www.gsa.gov/hspd12 standards for non-cost factors. Proposals will be evaluated for acceptability but will not be ranked using the non-cost/price factors.

(2)…