002_-_SBSA_DB201A_-_USAID_Design_Build_-_RRB_Phase_3_and_4_-_Solicitation_11.5.2018.pdf
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- EQWPC-18-0010
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Solicitation # EQWPD-18-0027-AM0002 GSA Contract No: TBD
Document: DB201A-SB/DEC 2017
(The Solicitation)
Design Build Contract for Ronald Reagan Building Phase 3 and 4 of the United States Agency for International Development (USAID)
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
Notice of Commercial Package Carriers Because of increased security standards, commercial package carriers may experience delays in making deliveries to the address designated for receipt of offers. United States Mail delivered to Government offices in the Washington, DC area is subject to irradiation, significantly delaying deliveries and potentially damaging or defacing mail contents. Offerors should take these facts into consideration when determining how and when to transmit offers to the office designated for receipt.
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. Buy American Exceptions
G. FAR 52.233-2 Service of Protest H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference I. GSAR 552.102 Incorporating Provisions and Clauses by Reference J. Additional Provisions
V. Instructions to Offerors and Clauses
A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.219-14 Limitations on Subcontracting
C. FAR 52.223-21, FOAMS (Jun 2016)
D. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 E. Security Requirements
F. Additional Clauses
VI. Method Of Award
A. Evaluation of Offers
B. Determination of Responsibility C. Price Reasonableness/Price Realism D. Unbalanced Price E. Total Evaluated Price
F. Non Price Factors G. Evaluation of Joint Ventures
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 attached Agreement. 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 counter signed 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, and Drawing 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: : Bonnie Echoles, Contracting Officer
Address: St Elizabeths West Campus Project Office, 2701 Martin Luther King Avenue, SE Building 37A, Washington, DC 20032
Telephone: 202-441-2912
Alternate POC Information
Name: Tanuja Majety
Address: 301 7th Street SW, Room 6651, Washington, DC
Telephone: 202-617-1343
Email: tanuja.majety@gsa.gov
I.D. Pre-Proposal Conference and Site Visit
Date: November 13, 2018
Time:11:00 AM
Location: 1300 Pennsylvania Ave., NW, Washington, DC. The vendors will meet in the USAID 14th Lobby on the Ground Level
I.E. Estimated Price Range
The estimated price range for the Project is $12 Million.
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 mailto:tanuja.majety@gsa.gov http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.
Name: Elisa Pujals
Address: 301 7th Street SW, Washington, DC 20407
Telephone: 202.870.2119
Email: elisa.pujals@gsa.gov@gsa.gov
(3) Pre-registration is required for all attendees to the pre-proposal 2018 by 2:00 PM EST. The Site Visit shall be limited to
Site Visit by November 08, not more than four (4) representatives from each Offeror. 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.
Offerors shall submit names of their attendees information via email to by no later than November 08, 2018 by 2:00 PM EST.
Information submitted shall include the following:
• Attendee Name (First, Middle, Last)
• Solicitation Number and the Project Name
• Attendee Email
• Company Name and Designation if Prime or Sub (if Sub, indicate to which Prime)
• Company Address
• Company Phone Number
Site visits will be held at the following date and time:
Date: November 13, 2018
Time: 11:00 AM EST – Please arrive 20 minutes prior to be cleared through security
Location: 1300 Pennsylvania Ave., NW, Washington, DC. The vendors will meet in the USAID
14th Lobby on the Ground Level
NOTE:
No oral statement made by Government Representatives at the Site Visit, nor any written record of such oral statements as may be made and subsequently furnished to the Offeror will be deemed to have the effect of adding to, modifying, or otherwise varying from the written provisions of this Request For Proposal including, but not limited to specifications, drawings, and written amendments to the solicitation. It shall be noted that no questions shall be addressed by the Government at the Site Visit. Such questions (Request for Information - RFIs) shall be submitted in writing to the Contracting Officer.
elisa.pujals@gsa.gov, ching.hung@gsa.gov and tanuja.majety@gsa.gov mailto:elisa.pujals@gsa.gov@gsa.gov mailto:elisa.pujals@gsa.gov mailto:ching.hung@gsa.gov mailto:tanuja.majety@gsa.gov
REQUESTS FOR CLARIFICATION OR INTERPRETATION (RFI) – All RFIs are DUE in writing and sent via email to Contracting Officer bonnie.echoles@gsa.gov and Contract
Specialist, tanuja.majety@gsa.gov, ching.hung@gsa.gov and later than 2:00 PM EST by November 22, 2018 by no
Government Response to RFIs received by the above stated due date will be issued to offeror by November 29, 2018 via an RFP Amendment.
I.H. Receipt of Offers
(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than December 04, 2018 by 2:00 PM EST email the offers) on the following date and at the following address.
Date: December 04, 2018 by 2:00 PM EST
Address: Email the offers to only :
bonnie.echoles@gsa.gov , tanuja.majety@gsa.gov and ching.hung@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. Joint Venture Agreement or Teaming Agreement (if applicable)
II.B. Proposal Format elisa.pujals@gsa.gov mailto:bonnie.echoles@gsa.gov mailto:tanuja.majety@gsa.gov mailto:ching.hung@gsa.gov mailto:bonnie.echoles@gsa.gov mailto:tanuja.majety@gsa.gov mailto:elisa.pujals@gsa.gov
Proposals shall be submitted in accordance with the instructions of this solicitation. Submittals shall be properly labeled and marked for identification.
Proposals are to be submitted via email only to:
Ms. Bonnie Echoles at bonnie.echoles@gsa.gov, Ms. Tanuja Majety at tanuja.majety@gsa.gov and
Ching Hung at ching.hung@gsa.gov.
PROPOSALS SHALL BE PACKAGED AS FOLLOWS:
Materials Submitted
The Offeror is advised that all submissions and related materials become the property of the Government and will not be returned.
Instructions: General
The contents of the Proposal, as further described herein, constitutes the Offer made to the
Government. Therefore, care shall be taken to properly address the requirements set forth in the RFP.
These instructions set forth requirements for preparation and submission of the Offeror’s
Proposal, and to specify format and specific content of each Offer. Proposal submission shall comply with FAR 52.215-1 and include the name of the Offeror, date of submission, solicitation number, and other identification required.
Proposal Format and Contents
Proprietary Data: Each and every page of both the Pricing Proposal and Technical Proposal shall be reviewed, and marked as for proprietary data content by the Offeror in strict compliance with FAR Provisions 52.215-1. Also refer to FAR 3.104-4. A single statement at the front of the
Proposal is not adequate. Failure to mark every page will subject the Proposal to public release through Freedom of Information Act requests.
Each Proposal shall consist of two (2) separate volumes as indicated below.
Volume I – Price Proposal and Related Documents
Volume II – Technical Proposal and Documents
Volume I – Price Proposal shall be submitted as described below:
Tab 1 Standard Form 1442 (Solicitation, Offer and Award) Tab 2 Agreements and Attachment B – Pricing Sheet
Tab 3 SF 24 Bid Guarantee Tab 4 Representations and Certifications (C301) Tab 5 GSA Form 527 – Contractor’s Qualification and Financial Information
Tab 6 Joint Venture Agreement or Teaming Agreement (if applicable) mailto:bonnie.echoles@gsa.gov, mailto:tanuja.majety@gsa.gov
Volume II - Technical Proposal shall include the information requested below:
EVALUATION FACTOR 1: Technical Approach
EVALUATION FACTOR 2: Relevant Experience
EVALUATION FACTOR 3: Key personnel
EVALUATION FACTOR 4: Past Performance
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 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.
(3) Additional Proposal Requirements
II.D. Technical Proposal
Evaluation Factor 1: Technical Approach (Management Approach) – Relative Weight = [5]
Description:
This factor assesses the Offeror’s technical approach to project management by evaluating the Offeror’s project schedule.
Standard for Evaluation:
Offerors shall provide a milestone schedule demonstrating the Offeror’s understanding of major project milestones and a realistic plan to execute the work within the allotted project duration.
Award of the Contract for this project is anticipated to take place in February 2018.
Evaluation Factor 2: Relevant Experience of the Offeror - Relative Weight = [25]
Description:
This factor considers the relevant project experience of the D/B entity (the GC, A/E, and other members of the Offeror’s project team). Demonstrate project experience through the narrative submission of projects on which the GC and A/E have worked. The presented projects shall possess similar characteristics to those of the USAID Renovation Project. Note that if the Offeror materially misrepresents information relating to its experience, the Contracting Officer may reject the proposal.
Offeror shall submit information that demonstrates that its proposed D/B project team has experience as the Prime Construction Contractor and the lead Architect/Engineer firm on at least two similar projects each within the past five (5) years. If the Prime Construction Contractor and A/E firm worked together on a design/build project, Offeror need only submit one narrative for that project.
Submitting more than two (2) projects for each of the Prime Construction Contractor and A/E firm will NOT result in a more favorable evaluation. Projects are considered “similar” when they meet at least five (5) of the six (6) following criteria:
1 The project was Design/Build;
2 The project included work within an urban setting;
3 The project involved:
a. Installation of interior architectural finishes;
b. Alterations to existing components related to mechanical, electrical, plumbing, security and fire protection/life safety disciplines; and
c. Sustainable design;
4 The project’s original construction contract award amount was at least 12 million;
5 The project required construction within a partially occupied building; and
6 The project involved extensive repair and alterations of at least 85,000 GSF
Submittal Required of the Offeror:
Within the narrative provided for each “similar” project, the Offeror must provide the information below. The average length of narrative and other documentation supporting the presentation of each project under this factor shall not exceed one (1) page.
a. Project title;
b. Location;
c. Project delivery method (Design/Build, include name of A/E);
d. Companies performing the project (GC only, A/E only)
e. Construction contract award amount;
f. Original schedule duration and actual project duration in calendar days;
Evaluation Standard:
A project that possesses all of the above characteristics will be considered most similar in nature to the USAID Headquarters Renovation Project and will receive a more favorable evaluation. Offeror will be rated higher to the extent that project submissions demonstrate that the Prime Construction Contractor and A/E performed a design/build contract together.
Evaluation Factor 3: Key Personnel - Relative Weight = [50]
This factor will consider whether each person identified as "Key Personnel" acquired the architectural, engineering, and construction experience and qualifications necessary for their roles on this project.
Offerors must submit information that demonstrates the past experience and qualifications of key personnel as a General Contractor and/or Design Professional. Considerations will include:
1 Experience on similar projects in a position comparable to that for which they are being proposed;
2 Educational background;
3 Experience on similar projects that have a construction value of at least $12 million. Projects are to be substantially complete within five (5) years of the date of the RFQ’s issuance;
4 Certification or professional registration held by the proposed individuals; and
5 Key personnel have previously worked together on similar projects.
The Government will evaluate the experience and qualifications of Key Personnel (as listed below) who will have major project responsibilities and/or who will provide unusual or unique capabilities, and whose availability is considered critical to the accomplishment of required services.
(1) GC Principal Project Manager
(2) GC Project Superintendent
(3) GC MEP Coordinator
(4) GC QC/QA Manager
(5) A/E Lead Designer
These key persons must be identified by names and titles with proposed specific duties and responsibilities clearly assigned in the proposal.
The Offeror shall submit to the Government resumes responsive to the above elements for each key person not to exceed one (1) page. Offeror will be rated higher to the extent that key personnel demonstrate experience and qualifications for their proposed roles. Offerors will also be rated higher to the extent that key personnel have worked together on similar projects.
Evaluation Factor 4: Past Performance - Relative Weight = [20]
This factor will evaluate the past performance of the Offeror, including the architect -engineer and construction team members with reference to such aspects as costs, timeliness, and technical success.
For each of the two (2) projects for each firm submitted under Factor 2: Relevant Experience of the Offeror, the Offeror shall submit no more than two (2) Past Performance Questionnaires (PPQ) filled out by the owner references with knowledge of the Offeror’s performance of the associated contract. If a design/build contract, Offeror shall submit separate PPQ(s) for each firm.
The Government requests that the offeror’s reference complete the PPQ and submit along with the technical proposal package, on or before the due date for the technical proposal. Offerors are entirely responsible for ensuring that PPQs are submitted by the due date and time for receipt of proposals. The government reserves the right to verify any and all information on this form.
The Government reserves the right to use other available government data in its assessment of the Offeror's past performance (see subsection III.G), and to contact additional references. The Government may consider the Offeror’s past performance on contracts that have not been submitted by the Offeror.
Evaluation Standard:
Past performance will be evaluated as a predictor of the Offeror’s compliance with contract requirements and overall quality of performance. The assessment will focus on how well Offeror has met requirements on similar projects and the measure to which it has satisfied its customers in the past as reflected in the PPQ questions. Offerors will receive more favorable consideration to the extent that they receive positive past performance ratings on the Factor 2 projects submitted. Past performance references for less similar projects will receive less weight than past performance references for similar projects.
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- Attachment - DB
USAID_GC_Reps_&_Certs).
(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.
II.F. Requirements of Joint Venture Offerors
(1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.
https://www.sam.gov/
(2) An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members.
(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.
(4) Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture.
III. General Provisions
III.A. Availability of Funds
Issuance of this Solicitation does not warrant that funds are presently available for award of a
Contract. Award of the contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of contract award.
III.B. Requests for Clarification or Interpretation.
The Government will attempt to answer all requests for clarifications or interpretations of the
Solicitation Documents prior to the date set for receipt of offers, but do not warrant that all such requests will be answered within 15 calendar days. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.
III.C. Notice to Small Business Firms
A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (Small Business Administration). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.
III.D. Information Concerning the Disclosure of Solicitation Results
This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by FAR 15.503.
III.E. Affirmative Procurement Program http://www.sba.gov/
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
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.
http://www.cpars.gov/ https://www.cpars.gov/webtrain.htm
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 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.C. FAR 52.216-1 Type of Contract (APR 84)
The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.
IV.D. 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.E. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative
Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follo ws:
Goals for Minority Participation for Each Trade
Goals for Female Participation for Each Trade
28% 6.9%
These goals are applicable to all of the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for
Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is: Washington, DC
52.225-12 -- Notice of Buy American Requirement—Construction Materials Under Trade
Agreements. (May 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American--Construction Materials Under Trade
Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the
Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard
Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225- 11 for the offer that is based on the use of any foreign construction material for which the
Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested--
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
IV.G. Buy American Exceptions
NONE
IV.H. 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.I. 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
52.236-28 Preparation of Proposals - Construction OCT 97 http://www.acquisition.gov/comp/far/index.html
IV.J. 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.K. Additional Provisions
IV.L.
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 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).
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 https://www.acquisition.gov/far/html/52_223_226.html#wp1169636
(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.
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