2. The Solicitation.pdf

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Construction Contract for St. Albans Federal Building, First Floor Space Alterations, St. Albans, Vermont

GSA Solicitation No. GS-01P-10-BZ-C-0014

Volume 2: The Solicitation

BID DUE DATE: March 2, 2010

TIME: 2:00 PM, LOCAL TIME

LOCATION: GENERAL SERVICES ADMINISTRATION

GSA RECEPTION DESK

10 CAUSEWAY STREET, 11th Floor

BOSTON, MA 02222-1022

ATTN: BID CUSTODIAN

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE DRAWINGS, PLANS,

OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED

Do not remove this notice

Properly destroy documents when no longer needed

THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THIS SOLICITATION/

CONTRACT THAT ARE NOT REQUIRED BY REGULATION HAVE BEEN APPROVED BY

THE OFFICE OF MANAGEMENT AND BUDGET PURSUANT TO THE PAPERWORK

REDUCTION ACT AND ASSIGNED OMB CONTROL NO. 3990-0163.

U.S. General Services Administration

GSA Solicitation No. GS-01P-10-BZ-C-0014

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Table of Contents

I. General Information

A. The Solicitation and the 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 Bids

II. Bids

A. Contents of Bids B. Price Bid C. Not Applicable.

D. Other Information to be submitted with Bid E. Requirements for Joint Venture Bids

III. Solicitation Provisions

A. General Provisions B. FAR/GSAR Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions

A. Buy American Act B. Buy American Exceptions C. Small Business Subcontracting Plan D. American Recovery and Reinvestment Act of 2009 E. Additional Provisions

V. Method of Award

A. Evaluation of Bids B. Determination of Responsibility C. Price Realism D. Price Reasonableness E. Unbalanced Prices F. Total Evaluated Price G. Non-Price Factors H. Evaluation of Joint Venture Bidders

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

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6. PROJECT PLAN

OFFER (Must be fully completed by offeror)

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AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

AWARD (To be completed by Government)

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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Title: St. Albans Federal Building, First Floor Space Alterations, St. Albans, VT. This is a procurement is being solicited pursuant to the Small Business Competitiveness Demonstration Program.

0001 BASE BID: DOS-PASSPORT SERVICES SHELL BUILD

OUT Provide labor and materials associated with construction of DOS-Passport Service (Shell) as part of the Alterations to First Floor project at the St. Albans Federal Building.

1.00 LS

0002 OPTION 1: DOS-PASSPORT SERVICES, TENANT

IMPROVEMENTS Provide labor, materials and miscellaneous services necessary to implement the renovation scope for DOS-Passport Service, Tenant Improvements as defined in Section 01036 - Tenant Improvement pricing and as indicated in the specifications and drawings. RCN-10-02

0003 OPTION 2: DOS-DIPLOMATIC SECURITY SHELL

BUILD OUT AND TENANT IMPROVEMENTS (TI)

Provide labor and materials associated with construction of DOS-Diplomatic Security (Shell and TI) as part of the Alterations to First Floor project at the St. Albans Federal Building. RCN-10-02

0004 OPTION 3: GSA SHELL AND TENANT

IMPROVEMENTS Provide labor and materials associated with construction of GSA Shell and Tenant Improvements as part of the Alterations to First Floor project at the St. Albans Federal Building.

0005 OPTION 4: HISTORIC LOBBY FINISH UPGRADES

Provide labor and materials associated with construction of Historic Lobby Finish Upgrades as part of the Alterations to First Floor project at the St. Albans Federal Building.

0006 OPTION 5: ROOF REPLACEMENT Provide labor and materials associated with construction for the Roof Replacement as part of the Alterations to First Floor project at the St. Albans Federal Building.

0007 OPTION 6: ADVANCE METERING Provide all labor and materials associated with Advanced Metering as part of the Alterations to the First Floor project at the St.

Albans Federal Building.

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I. General Information

I.A.The Solicitation and Contract

I.A.1. This Solicitation is set-aside for Small Business under the Small Business Competitiveness Demonstration Program in accordance with FAR 19.10. This Solicitation sets forth requirements for bids for a Contract to construct the Project described in the attached Agreement. Bid 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.

I.A.2. The Solicitation shall not be part of the Contract. An Offeror’s proposal shall not be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

I.A.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:

I.B.1. The Solicitation

I.B.2. Offeror Representations and Certifications Form (C301)

I.B.3. GSA Form 527, Contractor Qualifications and Financial Information

I.B.4. Standard Form (SF) 1442 – Solicitation Offer and Award

I.B.5. The Agreement and all Attachments to the Agreement

I.B.6. Contractor Responsibility Questionnaire

I.C.Authorized Representatives

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

I.C.1. Contract Specialist

Name: Robert Budlong Address: 10 Causeway Street

Boson, MA 02222-1077 Telephone: (617) 565-6686

Email: robert.budlong@gsa.gov

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I.C.2. Alternate Point of Contact

Name: Donna Maffeo, Contracting Officer Address: 10 Causeway Street

Boston, MA 02222-1077 Telephone: (617) 565-6012

Email: donna.maffeo@gsa.gov

I.D.Pre-Bid Conference

I.D.1. A pre-bid conference regarding this Solicitation is scheduled as follows:

Date: February 3, 2010 Time: 11:00 AM

Location: St. Albans Federal Building 50 South Main Street St. Albans, VT 05478

I.D.2. Interested parties must notify the Contract Specialist for further information about attendance and to confirm location, time, and date. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.E.Estimated Price Range

The estimated price range for the Project is between $1 Million and $5 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.

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(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)

I.G.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 and are in the attached Agreement. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

I.G.2. Site visit will be held at the following date and time:

Date: February 3, 2010 Time: 11:00 AM

For further information, please contact:

Name: Jack Darling, Property Manager Address: St. Albans Federal Building

50 south Main Street St. Albans, VT 05478

Telephone: (802) 527-9638 Email: jack.darling@gsa.gov

I.H.Receipt of Bids

1. In order to be considered for award, bids conforming to the requirements of the Solicitation must be received at the following office no later than 2:00 pm on the following date and at the following address:

Date: March 2, 2010 Address: 10 Causeway Street, 11th Floor

Boson, MA 02222-1077 ATTN: Bid Custodian

2. Bids 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 bids.

3. Bids sent by United States Mail shall be shall be deemed received as of the date and time of delivery to the office designated for receipt of bids.

II. Bids

II.A. Bid Contents

Bids shall consist of the following documents, completed and executed in accordance with this Solicitation:

II.A.1. Standard Form 1442 with Amendments on Standard Forms 30 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

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II.A.2. Not Applicable

II.A.3. Representations and Certifications (C301)

II.A.4. Bid Guarantee, using Standard Form 24

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

II.A.6. Not applicable

II.A.7. Contractor Responsibility Questionnaire

II.B. Price Bid

II.B.1. Contents

The Price Bid shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form, per the schedule, page 3 of the SF 1442.

The SF 1442 must be fully executed by the Bidder.

II.B.2. Qualifications, Exclusions and Conditions

If the Bidder 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 bid and exclude the Bidder from further discussions.

II.B.3. Prompt Payment Discount

Indicate in Block 13 of the SF 1442 any offered prompt payment discount. Offerors are cautioned against indicating terms requiring payment of proposed prices sooner than the time required in the Contract, as such terms shall be deemed exceptions to the requirements of the Contract.

II.B.4. Additional Price Proposal Requirements

Not Applicable.

II.C. Technical Proposal

Not Applicable.

II.D. Other Information to be Submitted with Bid

II.D.1. Representations and Certifications

Bidders submitting a bid in response to this Solicitation shall submit with their bid a completed set of Representations and Certifications on the form C301 attached to this Solicitation. The Bidder shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database.

http://orca.bpn.gov/

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II.D.2. Qualifications of Bidders

Bidders submitting a bid in response to this Solicitation shall submit with their bid evidence of their financial responsibility and capacity to perform the Contract. Bidders shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Bidders shall submit with their bids a Contractor Responsibility Questionnaire.

II.E. Requirements for Joint Venture Bidders

Not Applicable.

III. Solicitation Provisions

III.A. General Provisions

III.A.1. 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.A.2. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered. Prospective Bidders should make such requests not less than 10 calendar days prior to the date set for receipt of offers.

III.A.3. 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) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.A.4 SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM:

This procurement is being made under the Small Business Competitiveness Program. This program was established by the Small Business Competitiveness Demonstration Program Act of 1988, Public Law 100-656 (15 U.S.C. 644 note). The program is implemented by a joint OFPP and SBA Policy Directive and Implementation Plan dated May 25, 1999. The program consists of two major components --

(a) Unrestricted competition in four designated industry groups; and

(b) Enhanced small business participation in 10 agency targeted industry categories.

III.A.5. Information Concerning the Disclosure of Bid Results

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This acquisition is being conducted under the provisions of FAR Part 14 as a Sealed Bid procurement. In accordance with FAR 3.104 and FAR 14.402, after receipt of bids, there will be a public bid opening and the bid abstract shall be available for public inspection as provided by

FAR 14.403.

III.A.6. 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 clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

III.A.7. Notice Concerning Preparation of Bids

Bidders 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 a Bid 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.A.8. Vendor Past Performance System

During contract performance, GSA may use the Vendor Past Performance system (VPP) in evaluating Past Performance. VPP is a system that collects, maintains, and disseminates contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15, to be sent to the Government's Past Performance Information Retrieval System (PPIRS).

The contractor will be required to use VPP when responding to Performance Evaluations.

III.A.9. 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 set forth in Section III.A. of the Agreement (Administrative Matters) as a condition of receipt of such information.

III.B. FAR/GSAR Solicitation Provisions

III.B.1. FAR Instructions to Bidders

NUMBER TITLE DATE

52.214-5 Submission of Bids MAR 97

52.214-12 Preparation of Bids APR 84

52.214-18 Preparation of Bids—Construction APR 84

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III.B.2. 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.

III.B.3. FAR 52.211-3. Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988)

(Applicable to solicitations that cite specifications not listed in the Index and are not furnished with the solicitation)

(a) The specifications cited in this solicitation may be obtained from: GSA Specifications Unit at (202) 755-0325. MIL Specifications may be obtained by calling (215) 697-2179.

(b) The request should identify the solicitation number and the specification required by date, title, and number as cited in the solicitation.

III.B.4. FAR 52.216-1. Type of Contract. (APR 84)

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

III.B.5. FAR 52.222-5. Davis-Bacon Act—Secondary Site of the Work. (JUL 05)

(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, Davis-Bacon Act, 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.

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(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.

III.B.6. 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:

[Note: Locality goals can be found at http://www.dol.gov/esa/ofccp/TAguides/ctaguide.htm in Appendix E of Construction Contractors Technical Assistance Guide.]

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade

0.8%. 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the 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;

http://www.dol.gov/esa/ofccp/TAguides/ctaguide.htm

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(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:

State of Vermont, Franklin County, City of St. Albans.

III.B.7. 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 Paragraph I.D.

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

III.B.8. 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:

http://www.acquisition.gov/comp/far/index.html

NUMBER TITLE DATE

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 07

52.204-5 Women-Owned Business (Other Than Small Business) MAY 99

52.214-3 Amendments to Invitations for Bids DEC 89

52.214-4 False Statements in Bids APR 84

52.214-5 Submission of Bids MAR 97

52.214-6 Explanation to Prospective Bidders APR 84

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 99

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NUMBER TITLE DATE

52.214-15 Period for Acceptance of Bids APR 84

52.214-19 Contract Award—Sealed Bidding—Construction AUG 96

52.214-34 Submission of Offers in the English Language APR 91

52.214-35 Submission of Offers in U.S. Currency APR 91

52.215-16 Facilities Capital Cost of Money JUN 03

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

JUL 05

52.222-38 Compliance with Veterans’ Employment Reporting Requirements DEC 01

52.223-1 Biobased Product Certification DEC 07

52.223-4 Recovered Material Certification MAY 08

52.225-13 Restrictions on Certain Foreign Purchases JUN 08

52.228-1 Bid Guarantee -bid Guarantee 20% of the bid price or $3,000,000, whichever is less.

SEP 96

52.236-28 Preparation of Proposals—Construction OCT 97

IV. Buy American and Additional Solicitation Provisions

IV.A. Buy American

FAR 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured

Goods—Buy American Act—Construction Materials. (Mar 2009)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act 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) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the

C201 10/09 Page 17 of 18 requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) if the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

(End of provision)

Alternate I (Mar 2009). As prescribed in 25.1102(e), substitute the following paragraph (b) for paragraph (b) of the basic provision:

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and

(d) of the clause at FAR 52.225-21.

IV.B. Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Provision of this Solicitation, the following construction materials and components are excepted:

None.

IV.C. Small Business Subcontracting Plan

Not Applicable.

IV.D. American Recovery and Reinvestment Act of 2009

C201 10/09 Page 18 of 18

IV.D.1. This Contract is funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (ARRA).

IV.D.2. The extent of ARRA coverage is set forth in Paragraph I.F. of the Agreement.

IV.E. Additional Solicitation Provisions

Not Applicable.

V. Method of Award

V.A. Evaluation of Bids

The Government will award a contract resulting from this Solicitation to the lowest, responsive, responsible Bidder whose bid is conforming to the Solicitation.

V.B. Determination of Responsibility

V.B.1. In order to be considered responsible, a Bidder must demonstrate that it meets the requirements of FAR 9.104-1. The Contracting Officer's determination of a Bidder's responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer, and is independent of the evaluation of bids set forth herein.

V.F. Total Evaluated Price

Total Evaluated Price shall be calculated using the prices indicated in the Price Proposal, using the following formula:

The sum of the Base Bid and all Options.

(End of Solicitation)

C301 04.01.10 Page 1 of 3

Offeror Representations and Certifications

C301 01/10

1. FAR 52.204-8 Annual Representations and Certifications (FEB 09)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220 (Commercial and Institutional Building Construction).

(2) The small business size standard is $33.5 million average annual receipts.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (d) applies.

(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

Offeror Representations and Certifications Solicitation No. GS-01P-09-BZ-C-0014

C301 10/09 Page 2 of 3

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate.

(Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan— Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

X (i) 52.219-19, Small Business Concern Representation for the Small Business

Competitiveness Demonstration Program.

Offeror Representations and Certifications Solicitation No. GS-01P-09-BZ-C-0014

C301 10/09 Page 3 of 3

X (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories

Under the Small Business Competitiveness Demonstration Program.

(iii) 52.219-22, Small Disadvantaged Business Status.

(A) Basic.

(B) Alternate I.

(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End

Products.

(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment Certification.

(vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for

Certain Services–Certification.

(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

X (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

(ix) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

GS-01P-10-BZ-C-0014

CONTRACTOR RESPONSIBILITY QUESTIONNAIRE

FOLLOWING BID OPENING AND PRIOR TO AWARD, THE CONTRACTING OFFICER MUST

DETERMINE IF THE CONTRACTOR SELECTED FOR THE PROPOSED AWARD IS RESPONSIBLE

WITHIN THE MEANING OF FAR 9.103. THE PRIMARY FACTORS WHICH INFLUENCE THIS

DETERMINATION ARE THE FIRM'S ABILITY TO PERFORM THE REQUIRED WORK AND THE

FIRM'S FINANCIAL CAPABILITY. TO ASSIST THE CONTRACTING OFFICER IN THIS

DETERMINATION, PLEASE COMPLETE BOTH PAGES OF THIS FORM IN ADDITION TO THE

ATTACHED GSA FORM 527 AND RETURN THEM WITH YOUR BID. THE GOVERNMENT WILL

TREAT ALL INFORMATION SUBMITTED ON THIS FORM AS CONFIDENTIAL.

I. LIST THE FOLLOWING INFORMATION FOR THREE PROJECTS WHICH YOU HAVE

SUCCESSFULLY COMPLETED WITHIN THE PAST TWO YEARS, AND INVOLVES WORK SIMILAR

TO THAT REQUIRED BY THIS INVITATION FOR BID.

1. DESCRIPTION:_______________________________________________________________

OWNER: ______________________________________________________________

PERSON OF CONTACT:_______________________________________________________

TELEPHONE: ________________________________________________________________

AMOUNT: ________________________ DATE COMPLETED_______________________

2. DESCRIPTION:_______________________________________________________________

OWNER: ___________________________________________________________________

PERSON OF CONTACT:_______________________________________________________

TELEPHONE: ________________________________________________________________

AMOUNT: ________________________ DATE COMPLETED_______________________

3. DESCRIPTION:_______________________________________________________________

OWNER: ___________________________________________________________________

PERSON OF CONTACT:_______________________________________________________

TELEPHONE: ________________________________________________________________

AMOUNT: ________________________ DATE COMPLETED_______________________

II. THE CONTRACTOR MUST HAVE (1) ADEQUATE CAPITAL IN HAND TO PURCHASE

MATERIALS, MEET WEEKLY PAYROLLS, AND COVER OTHER JOB EXPENSES, OR (2) CREDIT

AVAILABLE FROM SUPPLIERS, BANKS, ECT. FOR THESE PURPOSES. PLEASE COMPLETE THE

FOLLOWING:

A. I HAVE ADEQUATE FINANCIAL RESOURCES IN HAND TO PAY FOR:

( ) MATERIALS

GS-01P-10-BZ-C-0014

( ) LABOR

( ) OTHER JOB EXPENSES

B. I HAVE CREDIT AVAILABLE FROM THE FOLLOWING FIRMS AND LENDING INSTITUTIONS:

(LIST NAME AND ADDRESS)

1.___________________________________________________________

2.___________________________________________________________

3.___________________________________________________________

I CERTIFY THAT THE INFORMATION ABOVE IS CORRECT.

SIGNATURE:_____________________________________

NAME OF COMPANY:_____________________________________

BY:_______________________________________

TITLE:______________________________________

CONTRACTOR'S QUALIFICATIONS AND FINANCIAL INFORMATION OMB No.: 3090-0007 Expires: 1/31/2005

Public reporting burden for this collection of information is estimated to average 2.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Financial Information Control Division (BCD), Office of Finance, GSA, Washington, DC 20405; and to the Office of Management and Budget, Paperwork Reduction Project (3090-0007), Washington, DC 20503.

SECTION I - GENERAL INFORMATION

1A. NAME

1B. STREET ADDRESS

1C. CITY 1D. STATE 1E. ZIP CODE

2. TYPE OF ORGANIZATION (Check one)

A. SOLE PROPRIETORSHIP

B. GENERAL PARTNERSHIP

C. LIMITED PARTNERSHIP

D. CORPORATION

E. SUBCHAPTER S CORPORATION

I. OTHER (Specify below)

3. TAXPAYER ID NUMBER 4. DATE ORGANIZATION ESTABLISHED 5. STATE OF INCORPORATION

6. TRADE STYLE NAME (Provide a copy of filing) 7. KIND OF PRODUCT OR SERVICE PROVIDED

8. FORMER BUSINESS NAME 10. INVENTORY VALUATION METHOD

9. KIND OF BUSINESS

A. MANUFACTURER

B. CONTRACTOR

C. WHOLESALER

D. RETAILER

F. OTHER (Specify) B. FIFO

A. LIFO C. AVERAGE COST

D. OTHER (Specify)

11. OWNERSHIP INFORMATION-PARTNERS-PRINCIPAL STOCKHOLDERS-OTHERS

NAME

TITLE

(If partner, state G(General) or L(Limited) in column)

ACTUAL TITLE G OR L

% BUSINESS

OWNED

12. PARENT COMPANY (If applicable)

13. IF "YES" TO ANY QUESTION BELOW, PROVIDE DETAILED

INFORMATION IN SECTION VIII, REMARKS

YES NO

A. NAME

B. CITY C. STATE

A. HAVE YOU, OR ANY OF YOUR AFFILIATES EVER FILED FOR BANKRUPTCY?

B. DO YOU HAVE ANY JUDGMENTS, LIENS, OR PENDING SUITS?

C. DO YOU HAVE ANY CONTINGENT LIABILITIES?

D. HAVE YOU OR ANY OF YOUR AFFILIATES DISC. BUSINESS OPER. W/OUTSTANDING DEBTS

SECTION II - GOVERNMENT FINANCIAL AID AND INDEBTEDNESS

14A. ARE YOU DELINQUENT ON ANY FEDERAL DEBT (OMB CIRCULAR A-129)

(If "Yes", provide detailed information, Section VII, Remarks)

14B. DO YOU OWE THE

GOVERNMENT

FOR ANY CON-

TRACT OR OTHER

CLAIMS?

YES NO

IF "YES", COMPLETE THE ITEMS BELOW

AGENCY CLAIM AMOUNT PAYMENT MATURITY BALANCE

15A. AGENCY INVOLVED WITH DELINQUENCY 15B. AMOUNT OF DELINQUENCY ($)

16. ARE YOU CURR-

RENTLY RECEIVING

GOVERNMENT

FINANCING?

YES NO

YES

NO (Go to Section III)

17. COMPLETE ITEMS BELOW IF APPLICABLE

A. INDUSTRIAL REVENUE BONDS

B. GUARANTEED LOANS

C. ADVANCED PAYMENTS

D. PROGRESS PAYMENTS

TYPE OF FINANCING AUTHORIZED ($) IN USE ($) GOVERNMENT AGENCY INVOLVED

E. OTHER (Specify)

GENERAL SERVICES ADMINISTRATION GSA FORM 527 (REV. 3-99)

F. LIMITED LIABILITY COMPANY

G. JOINT VENTURE

H. TRUST

SECTION III - FINANCIAL STATEMENTS

Prepared Financial Statements with notes may be provided in lieu of completing Section III

When financial statements are prepared or certified by independent accountants and transcribed to this form, please furnish the name and address of accountant of accounting firm.

18. ARE YOU THE INCUMBENT CONTRACTOR FOR THIS SOLICITATION

NO

19A. NAME

19B. STREET ADDRESS

19C. CITY 19D. STATE 19E. ZIP CODE

20. IF TRANSCRIBED STATEMENTS DIFFER FROM INDEPENDENT ACCOUNTANT'S,

PLEASE DESCRIBE ADJUSTMENT IN SECTION VII, REMARKS. ALL OF THE

LISTED FIGURES ARE:

ACTUAL

IN THOUSANDS

IN MILLIONS

U.S. DOLLARS

FOREIGN CURRENCY (Specify)

21. BALANCE SHEET AS OF (Month, Day, Year) 22. FISCAL YEAR ENDS (Month, Day, Year) 23. PREPARED STMTS.

YES

ARE ATTACHED

24. ASSETS 25. LIABILITIES AND NET WORTH

A. Current Assets A. Current Liabilities

Cash Short Term cash investments Accounts receivable, less allowance for doubtful accounts of $ Inventories Other current assets (Itemize below)

Total Current Assets

B. Property, Plant and Equipment

Accounts payable Notes payable (current) Current portion of long term debt Accrued expenses Accrued taxes on income/excess profits Other current liabilities (Itemize)

Total Current Liabilities

B. Other Liabilities

Land Buildings and equipment Leasehold improvements Less accumulated depreciation and amortization Total Property, Plant and Equipment

C. Other Assets Investments in and advance to affiliated company

Goodwill, less amortization Due from officer, employee Other (Itemize)

Total Other Assets

D. TOTAL ASSETS

Mortgages Bonds Deferred income taxes Other long term debt

Total Other Liabilities

Total Liabilities

C. Minority Interest in Subsidiary D. Net Worth

Preferred stock Common stock Additional paid-in capital Retained earnings/owner's equity Less, Treasury stock

Total Net Worth

E. TOTAL LIABILITIES AND NET WORTH

SECTION IV - INCOME STATEMENT

26. FROM (Month, Day, Year) 27. TO (Month, Day, Year)

A. Net Sales

28. INCOME

Cost and Expenses Cost of Goods Sold Depreciation and Amortization

Selling, General, and Admin. Expenses Interest Expense Other Expenses (Itemize)

Minority Interest in Earnings of Subsidiaries

Total Costs and Expenses

Earnings Before Taxes Taxes on Income Income Before Extraordinary Items Extraordinary Gains (Losses) Net of Taxes

NET INCOME (LOSS)

GSA FORM 527 (REV.3-99 ) PAGE 2

SECTION V - BANKING AND FINANCE COMPANY INFORMATION

(Please attach a separate sheet using this format for any additional banks.)

ITEM

29.Name…