Design Build Contract for Retrofit Mailroom 2020 04 08.pdf

GSA Solicitation No.47PE07R0045 April 8, 2020

Document: DB201A/AUGUST 2019 (The Solicitation)

Design Build Contract for:

Retrofit Mailroom #215

James L. King Federal Justice Center

99 NE 4th Street, Miami, Florida, 33132-2131

The Solicitation

GSA Solicitation No.47PE07R0045 April 8, 2020

Table of Contents

I. General Information

A. The Solicitation and Contract

B. List of Solicitation Documents

C. Authorized Representatives

D. Pre-Proposal Conference

E. Estimated Price Range

F. FAR 52.228-1 Bid Guarantee

G. FAR 52.236-27 Site Visit – Construction

H. Receipt of Offers

II. Proposals

A. Proposal Contents

B. Proposal Format

C. Price Proposal

D. Technical Proposal

E. Other Information to be Submitted with Proposal

F. Requirements of Joint Venture Offerors

III. General Provisions

A. Availability of Funds

B. Requests for Clarification or Interpretation

C. Notice to Small Business Firms

D. Information Concerning the Disclosure of Solicitation Results

E. Affirmative Procurement Program

F. Notice Concerning Preparation of Proposals

G. Bond Requirements

H. Contractor Performance Information

I. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR 101-29

B. FAR 52.211-3, Availability of Specifications Not Listed in the GSA Index of Federal

Specifications, Standards and Commercial Items Description

C. FAR 52.216-1 Type Of Contract

D. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work

E. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction

F. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials

G. Buy American Exceptions

H. FAR 52.233-2 Service of Protest

I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

J. GSAR 552.102 Incorporating Provisions and Clauses by Reference

K. Small Business Subcontracting Plan

L. Project Labor Agreement

M. Certified Cost or Pricing Data

N. Additional Provisions

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

(ii) GSAR 552.236-75, Evaluation Exclusive of Options (Mar 2019)

(iii) GSAR 552.236-76 Basis of Award - Sealed Bidding Construction (Mar 2019)

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

GSA Solicitation No.47PE07R0045 April 8, 2020

V. Instructions to Offerors and Clauses

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

B. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2019)

C. GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment. (DEVIATION I) (AUG 2019)

D. FAR 52.223-21, FOAMS (Jun 2016)

E. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706

F. Security Requirements

G. Additional Clauses

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

Work (Mar 2019)

(ii) GSAR Clause 552.211-12, Liquidated Damages-Construction (Mar 2019)

(iii) GSAR Clause 552.211-13, Time Extensions (Mar 2019)

(iv) GSAR Clause 552.211-70, Substantial Completion (Mar 2019)

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

(Mar 2019)

(vi) GSAR Clause 552.236-6, Superintendence by the Contractor (Mar 2019)

(vii) GSAR Clause 552.236-11, Use and Possession Prior to Completion (Mar 2019)

(viii) GSAR Clause 552.236-15, Schedules for Construction Contracts (Mar 2019)

(ix) GSAR Clause 552.236-21, Specifications and Drawings for Construction (Mar

2019)

(x) GSAR Clause 552.236-70, Authorities and Limitations (Mar 2019)

(xi) GSAR Clause 552.236-71, Contractor Responsibilities (Mar 2019)

(xii) GSAR Clause 552.236-72, Submittals (Mar 2019)

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

VI. GSAR Clause 552.243-71, Equitable Adjustments (Mar 2019)Method Of Award

A. Evaluation of Offers

B. Determination of Responsibility

C. Price Reasonableness/Price Realism

D. Unbalanced Price

E. Total Evaluated Price

F. Non-Price Factors

G. Evaluation of Joint Venture Offers

GSA Solicitation No.47PE07R0045 April 8, 2020

I. General Information

I.A. 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.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) The Statement of Work, Specifications, Drawings, and Exhibits

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: Liz Moten

Address: 501 E. Polk Street, Suite 805, Tampa, FL 33602

Telephone: (813) 215-8501

Email: elizabeth.moten@gsa.gov

I.D. Pre-Proposal Conference (THIS DATE IS TENTATIVE AND SUBJECT TO CHANGE)

Date: June 1, 2020

Time: 10:00AM

Location: James L. King Federal Justice Center, 99 NE 4TH ST, Miami, Florida, 33132-2131 mailto:elizabeth.moten@gsa.gov

GSA Solicitation No.47PE07R0045 April 8, 2020

I.E. Estimated Price Range

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

The Design/Build budget amount is $

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

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

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

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

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

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within

10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

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

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

(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and

Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

(2) Site visits will be held at the following dates and times:

Date: June 1, 2020

Time: 10:00 AM

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Offerors shall submit a Visit

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

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

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

GSA Solicitation No.47PE07R0045 April 8, 2020

Address: 51 S.W. First Avenue, Suite 423, Miami, FL 33130

Telephone: (305) 299-8939

Email: gary.deveney@gsa.gov

I.H. Receipt of Offers

(PEASE NOTE THIS DATE IS TENTATIVE AND SUBJECT TO CHANGE)

(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 4:00 pm local time on the following date and at the following address.

Date: July 10, 2020

Address: GSA Acquisition Division, 501 E. Polk St., Ste. 805, Tampa, FL 33602

Electronic submission is preferred.

Submit offer to elizabeth.moten@gsa.gov

(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 government installation designated for receipt of offers on or before the date established for receipt of offers.

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. Standard Form 24, Bid Bond

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

6. Other Documents as Required

II.B. Proposal Format

The contractor shall provide a cost break-down for each work item in CSI format and provide one copy.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base mailto:gary.deveney@gsa.gov

GSA Solicitation No.47PE07R0045 April 8, 2020

Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

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

II.D. Technical Proposal

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

(1) Past Performance

This factor considers the past performance of the Offeror and proposed subcontractors for key trades. The

Offeror shall submit references (a person or persons who may be contacted regarding the quality of the

Offeror’s past performance) for comparable projects substantially completed within the last eight (8) years. References must be submitted for the projects presented in relation to the “Experience of Offeror on Comparable Projects” factor. The Offeror must provide the name, title, company name, current address, current phone number, and current fax number for each reference. The DB Reference

Questionnaire, Attachment #, will be used to annotate contact and responses to verify information provided in relation to the Offeror’s past performance.

(2) Experience

This factor considers the extent of the Offeror’s past experience as a firm in providing similar construction services. The Offeror must demonstrate successful experience as a Design Build (DB)

Contractor responsible for the construction of two (2) similar projects substantially completed within the past eight (8) years as defined below. One similar project is defined as a project that is comparable in nature, type, and complexity as defined by the all of the following characteristics:

(a) The project involved a modernization and/or renovations to an existing building that included work on architectural, structural, electrical, mechanical, plumbing, fire protection systems, high security blast and ballistic windows.

(b) The total project construction cost at award of the construction contract(s) was not less than $50 million.

(c) Project involved work on a historic site and/or building

(d) Project involved phase construction in a partially occupied building.

The Offeror may also present not more than 3 additional comparable projects substantially completed within the last eight (8) years. Comparable projects are projects with a total project cost at award of not less than $50 million and contain any 3 of the following characteristics:

(a) The project involved a modernization and/or renovations to an existing building that included work on architectural, structural, electrical, mechanical, plumbing, fire protection systems, high security blast and ballistic windows.

(b) Project involved work on a historic site and/or building

(c) Site was located in a Major metropolitan downtown area.

(d) Project required close coordination with occupants

(e) Project involved phase construction in a partially occupied building.

(f) Project involved abatement of hazardous material.

GSA Solicitation No.47PE07R0045 April 8, 2020

For each project presented in relation to this factor, the Offeror must explain how the characteristics of the project relate to the characteristics of this project. The similarity to this project is more important than the quantity of projects presented. For each project presented the Offeror shall submit the following data/information:

(a) Project Title

(b) Owner and/or Occupants(s)/Tenant(s)

(c) Location

(d) Description including GSF and/or OSF

(e) Special Features (Security System, Historical Consideration, Blast & Ballistic Windows)

(f) Contract Award Date

(g) Contract Type and Contractor's Responsibilities (Scope of Work)

(h) Date of Substantial Completion

(i) Date of Final Completion

(j) Contract Cost at Award

(k) Contract Cost at Completion

(l) Original Schedule Completion Time at Contract Award (Calendar Days)

(m) Actual Completion Time (Calendar Days)

(n) Number of Change Orders

(o) Classification (reason) of Changes Orders (Latent Conditions, Owner Instituted, Design

Errors & Omissions, etc., )

This factor will be evaluated based upon the written response to the RFP by the Offeror and the past experience demonstrated by the presented projects. Attachment #, titled “Experience Checklist”, will be used for each presented project just to record which listed characteristics apply to the respective project example.

(3) Technical and Management Approach

This factor is concerned with the Offeror’s understanding of the project requirements and the management approach. The Offeror shall submit a written plan addressing the following:

● 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. Offerors previous experience in managing to achieve LEEDS certification shall also be presented.

● Offerors shall identify what they believe are the most significant risks associated with this project. Such risks should include matters that jeopardize performance within budget and schedule limitations, problems created by working on an occupied building with severely limited site access, and change orders. Offerors shall provide a description of how they propose to manage and mitigate those risks. Offerors shall describe examples of successfully managing similar risks on previous projects. Offerors shall also describe their long-range plans for securing and maintaining the resources necessary to complete the project. Resources discussed should include key manpower, availability of personnel having current security clearance, equipment and material. Discussion should indicate if these resources will come from in-house or from major subcontractors for foundations, selective demolition, structural, mechanical and electrical portions of the work.

● Offerors shall provide an organization chart for their team for this project showing organizational positions – only key personnel names are required. This chart shall show lines of authority within

GSA Solicitation No.47PE07R0045 April 8, 2020 the project team, between the project team and its corporate organizations, and between the project team and the Government.

● Offerors shall provide a Design and Construction Quality Control Plan (QCP) tailored to THIS

Project. The QCP shall contain Offeror’s methodology for controlling quality during both design and construction. The Plan shall also demonstrate the Offeror’s understanding of the high level of quality expected due to the nature of the historically significant building and the means by which the Design-Build Contractor will attain the quality throughout both the design and construction portions of the Work.

● Offerors shall provide a Management Plan for the Project that explains how the various team members will work together and the methodology and processes for managing this entire Project.

The Plan shall describe the process during design for solving the technical, functional, and constructability issues while maintaining the design intent and obtaining approvals. The Plan shall discuss the method of coordination with GSA. The Plan shall refer to the use of schedules and cost control systems. The Plan shall also discuss how the Offeror will ensure that

Government and other necessary permits and approvals are received for this Project in a timely manner so that the completion date of the construction is not delayed.

● Offeror shall provide a project schedule narrative and a project schedule of 200 to 400 activities in CPM network format. The proposed schedule will run from the contract award date through the required date for substantial completion of construction and all punch list items. The network logic shall be linked, and the logic shall show the general management approach to designing and construction the Project.

(4) Specialized experience and technical competence

(a) Lead Designer Experience and Past Performance

This factor considers the extent of the lead designer’s past experience and the quality of the lead designer’s past performance. The projects presented should also demonstrate the lead designer’s ability to be innovative and creative.

The offeror submits the lead designer’s portfolio of not more than five projects completed in the last (10) ten years (maximum of five pages per project). The narrative shall address the design approach with salient features for each project and discuss how the client’s program, functional, image, mission, economic, schedule, and operational objectives were satisfied by the overall design/planning solution.

This section of the submission should include tangible evidence such as certificates, awards, peer recognition, etc. demonstrating design excellence, and provide a client reference contact for each project, including name, title, address, email, phone, and fax numbers. A representative floor plan, a site plan, a building section, or other appropriate drawing, and a minimum of two photographs must be included for each project.

(b) Design Team Qualifications

Demonstrate that the proposed TEAM has the relevant key individual professional qualifications including professional registrations and experience necessary for this project. Show that the TEAM has the required leadership and experience to be responsive to the requirements of this contract, especially concerning the overall Design Project Manager.

(c) Design Team specialized experience and technical competence:

Demonstrate experience and competence in designing large office building renovations that are similar to

THIS project, particularly in the areas of HVAC, electrical, fire safety, plumbing, hazard material

GSA Solicitation No.47PE07R0045 April 8, 2020 abatement and space planning and programming. Demonstrate experience, understanding and capabilities to implement a mechanical and electrical systems modernization, which builds in design flexibility, which is economically feasible, to accommodate future changes and conversions of space with a mixture of closed office space and an open office plan. Demonstrate experience and capabilities to design using the best technology in all areas of work such as documentation management, use of metric units, and energy management. Demonstrate experience and capability of working with the owner and tenants, to design within the available budgets, and the ability to guide, track and advise tenants in the use of a strict tenant improvement cost allowance.

(5) Small Business Utilization

(a) GSA is committed to supporting the Small Business Program. These commitments extend to

Historically Underutilized Business Zones (HUBZone), Small Business (SB), Small Disadvantage

Business (SDB), Women-Owned Small Business (WOSB), Veteran-Owner Small Business (VOSB), and Service Disabled Veteran- Owned Small Business (SDVOSB). Large business will be required to submit a subcontracting plan for this evaluation sub-factor. This subcontracting plan only applies to work performed in the United States and its possessions.

(b) GSA has established subcontracting goals of at least 37% of the subcontracted effort to small businesses. Of the total subcontracted effort, the targets are a minimum of 3% to HUBZone firms, 6% to SDB firms, 5% to WOSB firms, 5% to VOSB firms and 3% to SDVOSB firms.

(c) FAR 52.219-8, Utilization of Small Business Concerns states in part; “The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance.” If the Offeror does not intend to subcontract, provide a detailed explanation why subcontracting would not result in efficient contract performance.

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).

(2) 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.

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.

https://www.sam.gov/

GSA Solicitation No.47PE07R0045 April 8, 2020

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation

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

III.C. Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business

Administration (SBA) (Small Business Administration). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

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

III.F. Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the

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

III.G. Bond Requirements

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of

Assets

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 http://www.sba.gov/ http://www.cpars.gov/

GSA Solicitation No.47PE07R0045 April 8, 2020

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.

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 98)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service

Specifications Section, Suite 8100

470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans

Affairs issued this solicitation, a single copy of specifications, standards, and commercial item https://www.cpars.gov/webtrain.htm

GSA Solicitation No.47PE07R0045 April 8, 2020 descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

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

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

IV.C. 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.D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment

Opportunity for Construction (FEB 1999)

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

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action

Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the

Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each

Trade

Goals for Female Participation for Each

Trade

39.5% 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

GSA Solicitation No.47PE07R0045 April 8, 2020 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: FLORIDA, Miami, Dade County

IV.E. 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.

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

GSA Solicitation No.47PE07R0045 April 8, 2020

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

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

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

(ii) May be accepted if revised during negotiations.

IV.F. Buy American Exceptions

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

Agreement

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

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability

Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in the provision

“Receipt of Offers” in Section I (General Information).

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

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

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

Federal Acquisition Regulation

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English

Language

APR 91

52.215-16 Facilities Capital Cost of Money JUN 03

52.219-4 Notice of Price Evaluation Preference for

HUBZone Small Business Concerns

OCT 14

52.236-28 Preparation of Proposals - Construction OCT 97

IV.I. GSAR Clause 552.102 Incorporating Provisions and Clauses https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 http://www.acquisition.gov/comp/far/index.html

GSA Solicitation No.47PE07R0045 April 8, 2020

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.J. Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is/is not required to be submitted with offers.

V. Instructions and Clauses

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

(a) Definitions. As used in this provision.

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the

Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

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

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

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

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

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

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

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

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

(i) The solicitation number;

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

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

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

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

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

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no

GSA Solicitation No.47PE07R0045 April 8, 2020 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 https://www.acquisition.gov/far/html/52_215.html#wp1144511 https://www.acquisition.gov/far/html/52_223_226.html#wp1169636

GSA Solicitation No.47PE07R0045 April 8, 2020 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 sub-factors in the solicitation.

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

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

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).