GC_Solicitation_2023 02 22.pdf

Solicitation Number: 47PD0323R0003

Document: C201-GC/AUGUST 2021 (The Solicitation)

Construction Contract for: Clarksburg Courthouse Phase 1 Design-Bid-Build

The Solicitation

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 and Dissemination of Controlled Unclassified Information (CUI)

Building Information

J. INFORM 2.0

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 52.216-1 Type Of Contract C. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. Buy American Requirements 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. Small Business Subcontracting Plan K. Additional Provisions

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

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

V. Instructions to Offerors and Clauses

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

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the Solicitation Documents. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

(2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement and Attachments to the Agreement

(5) Plans, Specifications and Design Narratives Prepared by the GSA-hired

Architect/Engineer (A/E) Summer Consultants.

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: Ching Hung, Contracting Officer

Address: 100 S Independence Mall West, Philadelphia, PA 19106

Mobile: 202-213-4585

Email: ching.hung@gsa.gov mailto:ching.hung@gsa.gov

Authorized Representative Information:

Name: Raymond Porter, Contracting Officer

Address: 100 S Independence Mall West, Philadelphia, PA 19106

Mobile: (215) 756-3439

Email: raymondj.porter@gsa.gov

I.D. Pre-Proposal Conference N/A

I.E. Estimated Price Range The estimated price range for the Project is between $15,000,000 and $25,000,000.

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

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

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

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

(2) To the successful bidder upon execution of contractual documents and bonds

(including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

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

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

(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

mailto:raymondj.porter@gsa.gov https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3

(2) A site visit will be conducted by the point of contact shown below:

Name: Brian Quinn, Project Manager

Cell Phone: 267-280-3902

Email: brian.quinn@gsa.gov

(3) Pre-registration is required for all attendees for the pre-proposal Site Visit. The Site Visit shall be limited to not more than two (2) representatives from each Offeror.

Offerors shall submit the site visit registration form 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.

Site Visit Date and Time: March 8, 2023 at 3:00PM EST

Location of entry: 500 W. Pike St, Clarksburg WV, 26301, the security screening booth is located at the front of the lobby.

Submit the Site Visit Registration Form to the point of contact listed below by March 1, 2023 by 2:00PM EST.

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

Name: Veronica Viggiano

Telephone: 215-519-2345

Email: veronica.viggiano@gsa.gov

All requests for information (RFIs) shall be submitted via email to raymondj.porter@gsa.gov using the RFI submission form and are due by 03/13/2023 by

2:00PM EST.

Any responses will be issued via Amendment to the solicitation.

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 2:00 pm local time via email only on the following date and at the following address.

Date: March 27, 2023– Technical Proposal Only. Do Not Submit a Price Proposal until Requested as Part of Phase 2.

Email Address: raymondj.porter@gsa.gov mailto:brian.quinn@gsa.gov mailto:veronica.viggiano@gsa.gov mailto:raymondj.porter@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. Subcontracting Plan

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

7. Proprietary Information Agreement(s)

8. Other Documents as Required

9. Price Proposals, SF 24 Bid Bond, & GSA Form 527 are not required for Phase

1. They must be submitted in Phase 2.

The Government will not reimburse or cover any costs incurred related to preparing, submitting, and supporting proposals for either Phase 1 or Phase 2 of this procurement.

II.B. Proposal Format GSA is using a two-phased process. It is first releasing a 95% design package that contains sufficient detail to allow it to solicit Phase 1 technical proposals only, and not Phase 2 price proposals.

Upon completion of the evaluation of the Phase 1 technical proposals, an advisory shortlist will be developed. All offerors will be notified as to whether their firm was included on or excluded from the advisory shortlist. It shall be noted that exclusion from the advisory shortlist shall not preclude offerors from submitting a Phase 2 price proposal. Once the 100% design documents are complete, GSA will solicit Phase 2 price proposals from the firms that submitted Phase 1 technical proposals.

As noted in I.H. above, and in accordance with FAR 52.215-1(c)(1), all proposals must be submitted electronically via electronic mail (email) to raymondj.porter@gsa.gov. The offeror must submit their proposal in Acrobat Adobe® (.pdf) format with a total file size of less than 15MB. It is recommended the offeror submit their proposals with a read receipt request.

Offerors shall email the Technical Proposal as described above. Hard copy submissions will not be accepted. Do not submit a price proposal in Phase 1. Instructions for submitting a Price mailto:raymondj.porter@gsa.gov

Proposal in Phase 2 are described immediately below, further details will be provided via Amendment.

Format of Proposals and Submission Requirements

Offerors are encouraged to make their proposals only as voluminous as is necessary to respond to the preparation instructions set forth in the solicitation. In addition, notice should be taken of the size and page limitations specified in the instructions below.

Offerors are required to submit proposals as delineated below:

Price Proposal: The price proposal, will be provided separately from the technical proposal, and will not be submitted until Phase 2 and must contain the following information:

● Signed Standard Form 1442 with all amendments acknowledged

● Completed and signed offer sheet

● Evidence of Bonding Capacity

● GSA Form C301, Representations and Certifications

● GSA Form 527, Contractor’s Qualifications and Financial Information

● If applicable, Joint-Venture Agreement and any Mentor-Protégé Agreements

● The information required under FAR 52.215-1(c)(2)

● Any other information required by the solicitation

Price proposal page limit to be provided via Amendment.

Technical Proposal: The technical proposal must contain all of the necessary information to address the evaluation factors as set forth in the solicitation. Technical submission must contain all of the necessary information to address the evaluation factors as set forth in the solicitation.

It must be submitted and typed on non-reduced 8-1/2” x 11” pages using font size 12 with 1” margins on all four sides. Any forms and charts must be clearly labeled and referenced and are not subject to the font size limitation. The Phase 1 proposal should be submitted as a single volume via email. The maximum page limit for the technical proposal submission is a total of forty-six (46) pages (single sided). If more than 46 pages are submitted, only the first 46 pages will be evaluated.

Note: The PBS Past Performance Questionnaire(s) are excluded from the page limitation. All other pages (including cover page), are included in the page limitation. All pages in the technical proposal must be 8.5 inches by 11 inches. Pages that differ from these page dimensions will not be evaluated.

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.

II.D. Technical Proposal

The technical proposal shall include the information requested below for the non-price factors identified as part of this solicitation.

The factors are listed below with their relative weights:

Factor 1 -Prior Experience on Relevant Projects 35%

Factor 2 -Past Performance on Relevant Projects 35%

Factor 3- Management Plan 25%

Factor 4- Subcontracting Plan 5%

Evaluation Factors Defined

a. Factor 1- Prior Experience on Relevant Projects - This factor will measure the number of opportunities the offeror has had to learn by doing. The Government will examine the breadth, depth and relevance of the offeror’s prior experience in performing projects similar in size, scope and complexity to those described in the solicitation.

b. Factor 2- Past Performance on Relevant Projects – This factor will measure the quality of the offeror's collective experience in performing projects similar in size, scope and complexity to those described in the solicitation. The quality of the work associated with past projects will be evaluated. The Government will utilize the project information submitted under Prior Experience above and other available sources to assess the relevance and quality of work performed on similar projects.

c. Factor 3- Management Plan – The Government will evaluate the offeror’s understanding of the work required on the proposed contract by addressing the following topics: the offeror’s overall approach to managing and delivering the project within the stated budgetary and time constraints, significant project risks and their mitigation, quality control, and cost and change management.

d. Factor 4- Subcontracting Plan- The Government will evaluate the offeror’s subcontracting plan, and its proposed subcontracting goals and narrative.

TECHNICAL EVALUATION FACTORS

Factor 1 – Prior Experience on Relevant Projects (35% weight)

This factor will measure the number of opportunities the offeror has had to learn by doing. The Government will examine the breadth, depth and relevance of prior experience in performing the range of projects similar in size, scope and complexity to those described in the solicitation. All projects must have been completed in the past 10 years. Relevant projects would be those construction projects that meet at some or all of the following characteristics, projects that exhibit similar characteristics to those described below will be rated higher when considering the firm’s performance capabilities:

1) Construction projects that included the renovation or repairs of a new Courtroom/Chambers and included Millwork/Security/Controlled Access

2) Construction projects for courts

3) Construction projects for the United States Marshals Services

4) Construction projects in occupied buildings of at least $10 million

5) Construction project for federal agencies

6) Phased construction projects

7) Mechanical and electrical modernization

8) Structural construction

9) General office renovations

10) Repair and alteration work

11) Performed in West Virginia

Relevant projects may have been on governmental (federal, state, or local) or private sector contracts. Experience on similar projects for the Federal Government is considered an asset. While the Government is looking for prior experience by the prime contractor or joint venture, the Government may consider relevant experience by affiliated companies, key personnel and subcontractors.

Standard for Evaluation

The offeror is requested to submit a detailed descriptive listing of a maximum of four

(4) projects performed within the past ten (10) years that are similar in nature to the anticipated type of work to be performed under this contract, as described in this solicitation. If more than four (4) projects are submitted, only the first (4) will be evaluated. More recent performance may be deemed to have greater importance than less recent performance. To be considered, a submitted project must have reached the stage of substantial completion, or if submitting information for current projects, the project must be at least 50% complete by time of the closing date of this solicitation in order for those projects to be evaluated as part of the offeror’s relevant prior experience.

Note: For purposes of evaluation, a “project” is a discrete project, and is not an Indefinite Delivery Indefinite Quantity (IDIQ) contract, blanket purchase agreement, other type of master contract or a list of more than one discrete project. However, if the “project” was performed under an IDIQ, blanket purchase agreement or other type of master contract, this should be identified, and may be considered to be an asset.

For joint ventures, projects may be submitted for the joint venture as an entity or for an individual member of the joint venture. While the Government may consider the prior experience of managers, key personnel or other affiliates playing a significant role is contract performance, the total number of projects submitted is limited as stated above.

(The offeror may submit no more than four (4) projects for the prime contractor team as a whole.)

“Similar” is defined as projects comparable to those described in the solicitation in terms of size, scope and complexity. The offeror is required to submit sufficient information to allow the Government to assess the level of relevance of the project.

Submittal Requirements:

For each project, offerors the Offeror must explain how the characteristics of the submitted project relate to the characteristics of the project described in this solicitation.

At a minimum, the offeror is required to provide the information identified on the document included in the solicitation as Attachment 1, Prior Experience on Relevant Projects – Offeror Worksheet.

This section shall not exceed (16) pages.

Factor 2 - Past Performance on Relevant Projects (35% weight)

This factor evaluates recent past performance for the Offeror. It measures the quality of the Offeror’s collective experience in performing projects similar in size, scope and complexity to the one described in the solicitation.

Standard for Evaluation

In evaluating past performance, the SSEB may consider the following:

The Government will utilize the project information submitted under Factor #1 - Prior Experience on Relevant Projects above in addition to other available sources to assess the quality of work performed on relevant projects. The evaluation will include: an assessment of the overall quality of past performance; record of conforming to contract requirements and to standards of good workmanship; the adherence to contract schedules, including the administrative aspects of performance; the responsiveness of management; the history of reasonable and cooperative behavior and commitment to customer satisfaction; the business-like concern for the interest of the customer and; the Offeror’s overall performance on their contracts.

In addition to the information in the Offeror’s proposal itself, the Government may consider information obtained through interviews with the Offeror’s customers and/or the building's owner or a representative of the owner. The Government may consider the past performance of managers, key personnel or other affiliates playing a significant role in contract performance.

In addition to any information contained in or referred to in the Offeror’s proposal, the Government may consider the past performance of the offeror or its team members on any other projects performed within the past (10) years of which the Government has knowledge. The Government has no obligation to ensure that an equal number of references are obtained for each offeror.

An Offeror who has no record of past performance will receive a neutral rating.

If GSA receives negative past performance information, the offeror may be given an opportunity to respond.

The relevance of the projects submitted will be an additional consideration under this factor.

Submittal Requirements

Two references, including name, address, telephone number, and email address for each project identified for the projects proposed in Factor 1.

The Offeror must submit one (1) PBS Past Performance Questionnaire (PPQ) (included in the solicitation as Attachment 2, completed by the applicable client, for each project included in its proposal for Factor 1, Prior Experience on Relevant Contracts.

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 submission 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 ching.hung@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.

Also include performance recognition documents received within the last six (6) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

mailto:ching.hung@gsa.gov

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 Contractor Performance Assessment Reporting System (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 a database of PPQs submitted by Offerors.

The Government has no obligation to ensure that an equal number of references are obtained for each offeror.

The section shall not exceed 5 the PPQ’s are not part of this page limitation.

Factor 3 - Management Plan (25% weight)

This factor considers the overall capability of the offeror to manage the work required on this proposed project. It should detail the Contractor's overall approach and commitment to accomplishing the objectives of this requirement. Below are specific items which must be completely addressed by the offeror in the proposed Management Plan.

Submittal Requirements

Offerors must, in narrative form, describe their methodology for managing the project.

Specifically, they must provide the following:

- Sample project schedule that includes consideration for the phases, major mechanical, structural, hazardous abatement, security clearances/onboarding, work site protection furniture and relocations.

- A detailed description of the plan/approach demonstrating sound means and methods to ensure quality service without disruption to tenants in the building.

- Risk evaluation that should include the firm's assumptions for project risks and their approach to handle said risks.

- Communication plan that should highlight the firm's staffing plan and how the firm will interact with GSA, Courts, and USMS.

Offerors must also describe their management approach to working in the local West Virginia market.

Offerors must also identify and provide a resume for a primary contract manager. The primary Contract Manager shall be a central point of contact, tasked with serving as an overall manager of ongoing projects responsible to GSA for scheduling/coordinating all project and contract deliverables. The primary Contract Manager should be an individual with administrative oversight responsibilities and can be either based in the firm’s home office or onsite.

No changes to specific personnel proposed for key positions may be made without the Government’s prior consent and approval.

This section shall not exceed 15 pages.

Standard for Evaluation

This standard is met when all required items under this factor are submitted.

The more that an Offeror's methodology for managing the project maximizes the opportunity for successful completion of the project on time, on budget, and within quality expectations, the more favorably it may be judged.

Factor 4 - Subcontracting Plan- (5% Weight)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women- owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. As part of this factor GSA will evaluate an offeror’s Small Business Subcontracting Plan. GSA expects any Small Business Subcontracting Plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to be realistic and attainable.

Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $1,500,000 (for construction), must demonstrate that its Small Business Subcontracting Plan with a narrative that represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

The Subcontracting Goals for this contract are as follows:

• 21 percent of subcontracts for small businesses

• 5 percent of subcontracts for small disadvantaged businesses

• 5 percent of subcontracts for women-owned small businesses

• 3 percent of subcontracts for HUBZone small businesses

• 3 percent of subcontracts for service-disabled veteran-owned small businesses Targets for all the Subcontracting Goals are identified above as percentages of the value of the task order. The targets may provide for participation by the prime contractor, joint venture partners, teaming arrangement member, or subcontractors.

(See also the requirements under FAR 52.219-9). Any targets will be incorporated into and become part of any resulting contract.

Offerors must describe their plan to obtain responsible, quality subcontractors to ensure project success.

Submittal Requirements Each Offeror is required to submit a Small Business Subcontracting Plan and narrative that addresses all of the requirements set forth in FAR 52.219-19.

Additional consideration will be given to offerors who’s Small Business Subcontracting Plan:

● Has enforceable commitments with identified small businesses

● Demonstrates that it has reached and exceeded its subcontracting goals on past Projects

This section shall not exceed 10 pages.

Standard for Evaluation The standard is met when the Offeror submits a Small Business Subcontracting Plan and narrative that addresses all elements in FAR 52.219-19 and meets all the Subcontracting Goals for this contract. The evaluators will rely on the information received in the Offeror’s submission.

Additional consideration may be given for offerors who demonstrate one or more of the following:

1) enforceable commitments with identified small businesses; 2) it has reached and exceeded its subcontracting goals on past projects; and/or 3) it plans to exceed the

Subcontracting Goals stated above..

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301-SAT).

(2) Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

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.

(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.

https://www.sam.gov/

III.B. Requests for Clarification or Interpretation

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

III.C. Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (Small Business Administration). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

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

III.F. Notice Concerning Preparation of Proposals

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

III.G. Bond Requirements

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond and payment 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.

http://www.sba.gov/

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 may then be used by Federal acquisition community for use in making source selection decisions. CPARS assists acquisition officials by serving as the single source for contractor past performance data.

(2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS.

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

(3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (CPARS Training) and updated as needed.

(4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

III.I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

Certain information contained in the Solicitation Documents may have been designated as Controlled Unclassified Information (CUI) 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.

III.J. INFORM 2.0

A. Overview of the IN-depth Feedback through Open Reporting Methods (INFORM 2.0) Process

This solicitation is part of an initiative using the INFORM 2.0 process which is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM 2.0 seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

http://www.cpars.gov/ https://www.cpars.gov/lc.htm

Through the INFORM 2.0 process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting that is not required by statute or regulation. For purposes of this solicitation, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM 2.0 process as further discussed below.

B. Detailed Description of the INFORM 2.0 Process

B.1. Component 1 - Notification of Award

After award and in accordance with any post-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerors (the Notification of Decision Statement (NODS)). The notices will contain:

● All information required by statute or regulation;

● An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the unsuccessful offeror’s strengths, weaknesses, risks, and deficiencies;

● An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price; overall technical ranking, rating, or score.

B.2. Component 2 - Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NODS, an offeror may, but is not required to:

● submit a written request to the contracting officer for an oral feedback meeting;

● submit a list of written questions to the contracting officer; or

● take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR 15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three day time period, the receipt of the NODS concludes the INFORM 2.0 process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer’s response to the written questions will conclude the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506.

If the offeror requests an oral feedback meeting, the offeror should provide the following information:

● Primary point of contact;

● List of participants with titles (e.g., Senior Vice President);

● List of topics to assist GSA better prepare for the oral feedback meeting; and

● Preference for in-person, telephone, or web-based conferencing (if available).

B.3. Component 3 - Oral Feedback Meeting

During the oral feedback meeting, GSA’s objectives are to provide:

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

● Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational;

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation.

B.4. Component 4 - Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM 2.0 process and any corresponding postaward debriefing as further set forth at FAR 15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

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.B. FAR 52.216-1 Type of Contract (APR 84) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

IV.C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work

(MAY 14)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

IV.D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

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

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

Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

2.1% 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: Clarksburg, West Virginia, Harrison County

IV.E. Buy American Requirements

FAR 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.

https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-52#FAR_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…