Attachment_B_-_Form_of_Offer_Letter_and_Bid_Form.pdf

DCAM-26-CS-RFP-0007

Attachment B – Form of Offer Letter and Bid Form

[Offeror’s Letterhead]

[Insert Date]

District of Columbia Department of General Services 3924 Minnesota Avenue, NE | 5th Floor Washington, DC 20019

Attention: Eric Njonjo

Contracting Officer

Reference: Request for Proposals (“RFP”) – DCAM-26-CS-RFP-0007

Construction Management At-Risk (“CMAR”) Services for the Heritage – New York Avenue Shelter

Dear Mr. Njonjo:

On behalf of [INSERT NAME OF Offeror] (the “Offeror”), I am pleased to submit this Proposal in response to the Department of General Services’ (the “Department” or “DGS”) RFP to provide Construction Manager At-Risk Services for the Heritage – New York Avenue Shelter. The Offeror has reviewed the RFP and the attachments thereto, any addenda thereto, and the proposed Form of Contract (collectively, the “Proposal Documents”) and has conducted such due diligence and analysis as the Offeror, in its sole judgment, has deemed necessary in order to submit its Proposal in response to the RFP.

The Offeror’s proposal, the Preconstruction Fee (as defined in Section 2.11.1 of the RFP), the Construction Management Fee (as defined in Section 2.11.2 of the RFP), and the Lump Sum General Conditions Cost (as defined in Section 2.10.2 of the RFP) are based on the Bid Documents as issued and assume no material alteration of the terms of the Bid Documents (collectively, the proposal, the Preconstruction Fee, the Construction Management Fee, and the Lump Sum General Conditions Cost are referred to as the “Offeror’s Proposal”).

The Offeror’s Proposal is as follows:

A. Preconstruction Fee is: $___________________

B. Construction Management Fee is: $ ___________________

C. Total Lump Sum General Conditions Cost: $___________________

D. Owner Controlled Allowance: $ 600,000.00

Grand Total (including paragraphs A, B, C and D) $_____________________

Grand Total in words:

The Offeror acknowledges and understands that Preconstruction Fee is a firm, fixed price and other than as permitted in the Form of Contract will not be subject to further adjustment. The Offeror further acknowledges that twenty-five percent (25%) of the Construction Management Fee shall be at risk, and the Offeror shall be entitled such portion if such portions are earned in accordance with the Form of Contract.

The Offeror acknowledges and understands that the Lump Sum General Conditions Cost will be incorporated into the contract and that the Offeror will not be permitted to exceed the Lump Sum General Conditions Cost unless it first obtains the written approval of the Department.

In addition, the Offeror hereby represents that, based on its current rating with its surety, the indicated cost of a payment and performance bond is [INSERT PERCENTAGE].

The Offeror’s Proposal is based on and subject to the following conditions:

1. The Offeror agrees to hold its Proposal open for a period of at least one hundred and twenty

(120) days after the date of the Proposal.

2. Assuming the Offeror is selected by the Department and subject only to the changes requested in Paragraph 5, the Offeror agrees to enter into a contract with the Department on the terms and conditions described in the Bid Documents within ten (10) days of the notice of the award.

In the event the Offeror fails to do so, the Department shall have the right to levy upon the Offeror’s bid bond.

3. Both the Offeror and the undersigned represent and warrant that the undersigned has the full legal authority to submit this bid form and bind the Offeror to the terms of the Offeror’s Proposal. The Offeror further represents and warrants that no further action or approval must be obtained by the Offeror in order to authorize the terms of the Offeror’s Proposal. In addition to any other remedies that the Department may have at law or in equity, the Department shall have the right to levy upon Offeror’s Bid Bond in the event of a breach of this Paragraph 3.

4. The Offeror and its principal team members hereby represent and warrant that they have not:

(i) colluded with any other group or person that is submitting a proposal in response to the RFP in order to fix or set prices; (ii) acted in such a manner so as to discourage any other group or person from submitting a proposal in response to the RFP; or (iii) otherwise engaged in conduct that would violate applicable anti-trust law.

5. The Offeror’s Proposal is subject to the following requested changes to the Form of Contract:

[INSERT REQUESTED CHANGES. OFFERORS ARE ADVISED THAT THE

CHANGES SO IDENTIFIED SHOULD BE SPECIFIC SO AS TO PERMIT THE

DEPARTMENT TO EVALUATE THE IMPACT OF THE REQUESTED CHANGES

IN ITS REVIEW PROCESS. GENERIC STATEMENTS, SUCH AS “A MUTUALLY

ACCEPTABLE CONTRACT” ARE NOT ACCEPTABLE. OFFERORS ARE

FURTHER ADVISED THAT THE DEPARTMENT WILL CONSIDER THE

REQUESTED CHANGES AS PART OF THE EVALUATION PROCESS.]

6. The Offeror hereby certifies that neither it nor any of its team members have entered into any agreement (written or oral) that would prohibit any contractor, subcontractor or sub-consultant that is certified by the District of Columbia Office of Department of Small and Local Business Enterprises as a Local, Small, Resident Owned or Disadvantaged Business Enterprise (collectively, “LSDBE Certified Companies”) from participating in the work if another company is awarded the contract.

7. This bid form and the Offeror’s Proposal are being submitted on behalf of [INSERT FULL

LEGAL NAME, TYPE OF ORGANIZATION, AND STATE OF FORMATION FOR THE

OFFEROR].

Sincerely, By: ____________________ Name: ____________________ Title: ____________________