Solicitation_EQ10PCA-2-18-0025_combined.pdf

GSA Solicitation No. EQ10PCA-2-18-0025

Document: C201-SAT-Tradeoff/DEC 2017 (The Solicitation)

Simplified Acquisition construction Contract for: Troutdale Warehouse Roll Up Doors

The Solicitation

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

(The 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 F. Additional Provisions

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

VI. Method Of Award A. Evaluation of Offers B. Price Reasonableness/Price Realism C. Non-Price Factors

(The Solicitation)

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) Wage Determination

II.C. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Dawn Ashton

Address: 400 15th St SW Auburn, WA 98001

Telephone: 253-306-1711

Email: dawn.ashton@gsa.gov

Alternate POC Information

Name: Matthew Chaison

(The Solicitation)

Authorized Representative Information:

Address: 400 15th St SW Auburn, WA 98001

Telephone: 253-249-6127

Email: matt.chaison@gsa.gov

I.D. Estimated Price Range

The estimated price range for the Project is between $100,000 and $250,000.

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.

(2) Site visit will be held at the following date and time:

Date: 07/10/2018

Time: 9:00 AM Local time

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than five (5) representatives from each Offeror. Offerors shall submit a notice to attend the Site Visit via email to matt.chaison@gsa.gov and terry.martinson@gsa.gov, 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: Terry Martinson

Address: 620 SW Main #108 Portland, OR 97205

Telephone: 503-326-4990

Email: terry.martinson@gsa.gov

I.F. Receipt of Offers http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 mailto:matt.chaison@gsa.gov mailto:terry.martinson@gsa.gov

(The Solicitation)

(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 3:00 pm local time on the following date and at the following address:

Date: July 27, 2018 Email Addresses: matt.chaison@gsa.gov & dawn.ashton@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 office 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 (SF) 1442 – Solicitation, Offer and Award

5. Bid Guarantee executed on SF25 (Not required for 8a construction contracts under $150,000).

II.B. Proposal Format

This is an all electronic solicitation release including amendments. All documents will be posted on the electronic Federal Business Opportunities (FBO) website at www.fbo.gov. Offerors interested in submitting a proposal in response to this solicitation will be responsible for monitoring this website and the solicitation link to ensure timely receipt of any amendments or other solicitation related information posted therein. Offerors are responsible for downloading all required documents from the FBO website. Hard copies will not be made available.

This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of the initial and any subsequent proposals or for any costs incurred prior to execution of a formal contract.

Offerors are to provide the requested information making every effort to present information clearly and concisely. Lengthy narratives containing extraneous information are discouraged.

All information shall be submitted in English. Proposals that do not follow the instructions, or otherwise include documentation that is difficult to read/decipher, may result in disqualification.

Page Size will be 8-1/2” X 11” with at least ½ margins all around. Typeface should be Times New Roman 12. All text shall be legible and easily read. Propriety statements, security markings, and page numbers should fall within the defined margin area.

Acceptable formats for submission of proposal are PDF, Microsoft Word, Excel and Microsoft Project.

mailto:matt.chaison@gsa.gov mailto:dawn.ashton@gsa.gov http://www.fbo.gov/

(The Solicitation)

Proposals shall be submitted in two separate documents 1) Volume 1 – Price Proposal and Volume 2 – Technical Proposal. Each volume shall be clearly marked with the solicitation #, project title, volume # and title of volume. Pages shall be numbered sequentially by volume.

Email separate Price Proposal and Technical Proposal to matt.chaison@gsa.gov and dawn.ashton@gsa.gov.

II.C. Price Proposal The Price Proposal shall consist of the SF 1442, Bid Guarantee 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. Cost breakdown shall be submitted in CSI Format Level III.

II.D. Technical Proposal The Technical Proposal shall include the information on the offeror’s 1) Staffing Plan, Work Plan, and Schedule, 2) Key Personnel, 3) Experience on Similar Projects, and 4) Past Performance.

(1) EVALUATION FACTOR 1: STAFFING PLAN, WORK PLAN, AND SCHEDULE

(a) The Offeror shall provide the following:

(i) A Staffing Plan. The Staffing Plan shall be provided in a narrative or chart format (e.g., organizational structure) to describe and depict all of the following: (1) the Offeror’s overall management structure; (2) the Offeror’s management structure for this project; and, (3) subcontractors (ie design, electrical, painting).

(ii) A Work Plan. The Work Plan shall: (1) be in narrative format and shall provide a detailed plan for how the Contractor plans to execute the work specified in the Contract Documents; (2) discuss the sequencing of work; (3) discuss the Offeror’s procedures to ensure strict quality control relative to both workmanship and materials; and, (4) describe the management systems that the Offeror will use to monitor cost, schedule, environmental, and safety.

(iii) A Schedule. The Schedule shall: (1) be submitted for the proposed total contract duration in calendar days from the notice to proceed; (2) provide schedule in Gantt chart format illustrating the start and finish dates of elements of the project; and, (3) with respect to the duration proposed, become the official time of performance for this contract by the Offeror, if successful on this procurement. Note: For the purposes of the Schedule, Offeror’s may assume a contract award date of August 10, 2018 and NTP issuance date of August 20, 2018 (dates are an estimate only).

mailto:dawn.ashton@gsa.gov

(The Solicitation)

The page limit for this factor is ten (10), does not include the Schedule.

(b) Standard for Evaluation: The Government shall evaluate the relative merits of the Offeror’s Staffing Plan, Work Plan, and Schedule. The Offeror’s Staffing Plan, Work Plan and Schedule, individually and cumulatively, shall set forth a reasonable and realistic plan for completing the project within the cost and time durations proposed.

(2) EVALUATION FACTOR 2: KEY PERSONNEL

(a) The Offeror shall provide the information requested below for the following individuals considered to be Key Personnel:

(i) Project Manager: The Offeror shall demonstrate that the proposed Project

Manager possesses experience as a Project Manager within the past three (3) years of the issuance of this Solicitation on two (2) projects of similar size, scope, and complexity as that set forth in the Statement of Work. Must have a minimum of three years experience in the field of Project Management of construction projects.

(ii) Project Superintendent: The Offeror shall demonstrate that the proposed Project Superintendent possesses experience as a Project Superintendent within the past three (3) years of the issuance of this Solicitation on two (2) projects of similar size, scope, and complexity as that set forth in the Statement Work. Must have a minimum of three years experience in the field of Project Superintendence of construction projects. Note: GSA does not require a full time Project Superintendent on projects less than $250,000 and it is therefore unnecessary to include a full time Project Superintendent, if the Offeror’s quote is less than $250,000.

The offeror shall identify personnel proposed to perform the associated SOW, and provide specific information pertaining to personnel qualifications by submitting resumes.

All resumes shall include the following:

1. Employee name and labor category;

2. Years of professional experience;

3. Current position/title;

4. Chronology and summary of professional experience including clearly indicating that the individual meets the minimum personnel qualifications listed above;

5. List of projects in which the individual has worked to include Name of project(s) and project location(s).

The page limit for this evaluation factor is two (2) pages each per individual.

(b) Standard for Evaluation: The Government will evaluate the relative merits of each proposed Key Personnel’s qualification and experience as outlined on submitted resumes. Relevant experience demonstrated through similar projects as defined under Factor 3 below shall be given more consideration and may be afforded a higher rating.

(3) EVALUATION FACTOR 3: EXPERIENCE ON SIMILAR PROJECTS

This factor evaluates the extent of the Offeror’s past experience as a firm in providing similar construction services to determine the firm’s experience in completing the tasks detailed in the

(The Solicitation) statement of work. Submit this information by listing out the required information or including it in the Past Performance Questionnaire.

(a) The Offeror must demonstrate successful experience as a Construction Contractor responsible for the construction of at least two (2) similar projects substantially completed within the last six (6) years. A “similar project” is defined as a project that is comparable in nature, type, and complexity as defined by at least three of the following characteristics:

● Project involved the design/engineering and installation of roll up doors;

● Project involved the design/engineering of opening CMU wall;

● Project involved lead based paint remediation/containment and disposal;

● Project involved the following disciplines – paint and electrical;

● Project included requirements for noise control or minimizing tenant disruptions;

● The total project construction cost at award of the construction contract(s) was not less than $100,000.

(b) Standard for Evaluation: This criterion will be evaluated for the quality of experience demonstrated. The greater the relevancy of the Offeror’s construction and design project experience, the more likely Offerors will receive a higher rating during evaluations. Offerors that demonstrate a higher degree of relevant experience with design and installation of roll up doors will be evaluated more favorably.

(4) EVALUATION FACTOR 4: PAST PERFORMANCE OF OFFEROR

This factor considers the past performance of the Offeror, and will be evaluated as part of the responsibility determination.

The Offeror must submit a Past Performance Questionnaire (PPQ) (included in the solicitation as Attachment 1, completed by the applicable client, for each project included in its proposal for Factor _4_ "Past Performance of Offeror”. Completed PPQs should be submitted with the proposal. Ensure correct phone numbers and email addresses are provided for the client point of contact. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the project. If the client requests, the client may submit a questionnaire directly to the Government's point of contact, via email at matt.chaison@gsa.gov prior to proposal closing date. Offerors may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System

(The Solicitation)

(CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the Offeror. While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. GSA will not maintain database of PPQs submitted by Offerors.

NOTE: The Offeror must provide a reference (a person or persons who may be contacted regarding the quality of the Offeror’s past performance). The name, title, company name, current address, and current phone number for each reference must appear on the form.

Standard for Evaluation: The Offeror’s past performance record must demonstrate satisfactory performance on at least two (2) comparable projects substantially completed within the last six

(6) years. Any proposal which does not demonstrate satisfactory performance on at least two

(2) comparable projects substantially completed within the last six (6) years will not considered technically acceptable.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

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).

III. General Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but 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 https://www.sam.gov/

(The Solicitation)

Small Business Administration (SBA) (www.sba.gov). 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 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 http://www.sba.gov/ http://www.cpars.gov/

(The Solicitation) 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 52.222-23 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

4.5% 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 https://www.cpars.gov/webtrain.htm

(The Solicitation) 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: Troutdale, Multnomah County, Oregon

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

(The Solicitation) 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.

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 – Oct 1997 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 http://www.acquisition.gov/comp/far/index.html

(The Solicitation)

NUMBER TITLE DATE

Construction

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.

IV.F. Additional Provisions FAR 52.222-5 - Construction Wage Rage Requirements - Secondary Sit of the work (May 14) 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.

(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;

(The Solicitation)

(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.

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

(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.

(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, https://www.acquisition.gov/far/html/Subpart%2015_3.html#wp1088919

(The Solicitation) 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)

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

V.D. Security Requirements

(1) FAR 52.204-2, Security Requirements, August 1996

(a) This clause applies to the extent that this contract involves access to information classified

“Confidential,” “Secret,” or “Top Secret.”

(b) The Contractor shall comply with.

(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); and

(2) Any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

https://www.acquisition.gov/far/html/FormsDDWH2.html#wp1150843

(The Solicitation)

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

Alternate I (Apr 1984). If a cost contract for research and development with an educational institution is contemplated, add the following paragraphs (e), (f), and (g) to the basic clause:

(e) If a change in security requirements, as provided in paragraphs (b) and (c), results

(1) in a change in the security classification of this contract or any of its elements from an unclassified status or a lower classification to a higher classification, or (2) in more restrictive area controls than previously required, the Contractor shall exert every reasonable effort compatible with the Contractor’s established policies to continue the performance of work under the contract in compliance with the change in security classification or requirements. If, despite reasonable efforts, the Contractor determines that the continuation of work under this contract is not practicable because of the change in security classification or requirements, the Contractor shall notify the Contracting Officer in writing. Until resolution of the problem is made by the Contracting Officer, the Contractor shall continue safeguarding all classified material as required by this contract.

(f) After receiving the written notification, the Contracting Officer shall explore the circumstances surrounding the proposed change in security classification or requirements, and shall endeavor to work out a mutually satisfactory method whereby the Contractor can continue performance of the work under this contract.

(g) If, 15 days after receipt by the Contracting Officer of the notification of the Contractor’s stated inability to proceed, (1) the application to this contract of the change in security classification or requirements has not been withdrawn, or (2) a mutually satisfactory method for continuing performance of work under this contract has not been agreed upon, the Contractor may request the Contracting Officer to terminate the contract in whole or in part. The Contracting Officer shall terminate the contract in whole or in part, as may be appropriate, and the termination shall be deemed a termination under the terms of the Termination for the Convenience of the Government clause.

Alternate II (Apr 1984). If employee identification is required for security or other reasons in a construction contract or architect-engineer contract, add the following paragraph (e) to the basic clause:

(e) The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer, for cancellation upon the release of any employee.

When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

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

(The Solicitation)

(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…