Final Complete Solicitation.pdf

GSA New England Region

U.S. General Services Administration Thomas P. O'Neill, Jr. Federal Building 10 Causeway Street Boston, MA 02222 www.gsa.gov

Construction Contract for ARRA Projects in Support of Energy Conservation Measures at the Burlington Courthouse and Federal Building (VT0024) Burlington, VT

GSA Solicitation No.: GS-01P-10-BZ-C-0023

Volume 2: The Solicitation

BID DUE DATE: May 4, 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.

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

Energy Conservation Measures at the Burlington Courthouse and Federal Building, Burlington, VT.

See Page 3 of the Agreement as well as Section 01260, Options in the Specifications.

0001 BASE BID

Installation of EMS variable speed control for 2 heating water pumps.

Installation of carbon dioxide sensors and associated wiring and controls in eight (8) air handling units.

Replacement of (6) six existing pneumatic control valves in basement mechanical rooms with electric control valves and remove compressors.

1.00 LS

0002 OPTION 1

Integration of chiller controls with EMS.

0003 OPTION 2

Update boiler plant controls.

0004 OPTION 3

Replacement and Relocation of freeze stats to leaving side of dual temperature coil six (6) air handling units that have had steam taken out of service.

0005 OPTION 4

Addition of EMS schedule control of five (5) exhaust fans.

0006 OPTION 5

Insulation of condensate return tanks on the boiler feed system.

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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-Bid 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. Prices Bid C. Technical Proposal (N/A) D. Other Information to be Submitted with Bids E. Requirements for Joint Venture Offerors (N/A)

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 (N/A) D. Price Reasonableness E. Unbalanced Prices F. Total Evaluated Price G. Non-Price Factors (N/A) H. Evaluation of Joint Venture Offerors (N/A)

GSA Solicitation No. GS-01P-10-BZ-C-0023

C201 03.03.10 Page 2 of 13

I. General Information

I.A. The Solicitation and Contract

I.A.1. This Solicitation sets forth requirements for bids for a Contract to construct the Project described in the attached Agreement. Bids 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 bid shall not be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

I.A.3. The Offeror's bid 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. Other Forms Required For Submission with Bids

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.

I.C. Authorized Representatives

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

I.C.1. Contracting Officer

Name: Donna Maffeo Address: 10 Causeway Street, 11th Floor, Boston, MA 02222-1022

Telephone: 617-565-6012 Email: donna.maffeo@gsa.gov

I.C.2. Primary Point of Contact

Name: Audrey Donovan Address: 10 Causeway Street, 11th Floor, Boston, MA 02222-1022

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Telephone: 617-565-6547 Email: audrey.donovan@gsa.gov

I.D. Pre-Proposal Conference

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

Date: April 13, 2010 Time: 10:00 am

Location: Burlington Courthouse and Federal Building 11 Elmwood Avenue Burlington, VT 05401

I.D.2. Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. 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 $ 100,000.00 and $ 250,000.00.

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.

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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(s) will be held at the following date and time:

Date: April 13, 2010 Time: 10:00 am

For further information, please contact:

Name: Audrey Donovan Address: 10 Causeway Street, 11th Floor, Boston, MA 02222-1022

Telephone: 617-565-6547 Email: audrey.donovan@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, Local Time on the following date and at the following address:

Date: May 4, 2010 Address: General Services Administration

GSA Reception Desk 10 Causeway Street, 11th Floor Boston, MA 02222-1022 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 deemed timely if delivered to the address of the government installation designated for receipt of bids on or before the date established 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. Price Schedule (SF 1442).

II.A.2. Technical Proposal (N/A)

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

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

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

II.A.6. Contractor Responsibility Questionnaire

II.B. Bid Prices

II.B.1. Contents

The Prices 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 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 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 proposal 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. Bidders 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.

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 (See FAR 52.214-6 (APR 84))

Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

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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. Information Concerning the Disclosure of Solicitation Results

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 15.402, 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.5. 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.6. 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 an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Bid contain the same information.

III.A.7. 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.8. 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.

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III.B. FAR/GSAR Solicitation Provisions

III.B.1. N/A

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)

(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.B4 (a) FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award (June 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

(End of provision)

III.B.4 (b) FAR 52.217-5, Evaluation of Options (July 1990)

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Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

III.B.4.(c) FAR 52.219-2 Equal Low Bids (Oct 1995)

(a) This provision applies to small business concerns only.

(b) The bidder’s status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first-tier subcontractors) amount to more than 50 percent of the contract price.

(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern.

(End of provision)

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.

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

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III.B.6. FAR 52.222-23. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

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

.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;

(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.

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(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is:

State of Vermont, Chittendon County, City of Burlington.

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

52.214-1 Solicitation Definitions-Sealed Bidding JUL 87

52.214-3 Amendments to Invitation for Bids DEC 89

52.214-4 False Statements in Bids APR84

52.214-5 Submission of Bids MAR 97

52.214-6 Explanation to Prospective Bidders APR 84

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

52.214-18 Preparation of Bids - Construction APR 84

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

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

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NUMBER TITLE DATE

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

52.236-28 Preparation of Bids—Construction OCT 97

52.252-5 Authorized Deviations or Variations in Provisions (Deviation FAR 52.252.5

SEP 99

GSAM

552.217-71

Notice Regarding Option(s) NOV 92

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 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

C201 03.03.10 Page 12 of 13

(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) f 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

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

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

IV.D. American Recovery and Reinvestment Act of 2009

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 N/A

V. Method of Award

C201 03.03.10 Page 13 of 13

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, an Bidder must demonstrate that it meets the requirements of FAR 9.104-1. The Contracting Officer's determination of an 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.C. Unbalanced Prices

All bids must include balanced prices. If this Solicitation requires unit prices, option prices, or bid rates, the Contracting Officer may reject any bid determined to be unbalanced with respect to such prices or rates. A bid may be deemed unbalanced if the Base Contract Price, unit prices, option prices or bid rates vary so markedly from either the Government estimate or the range of such prices contained in competing bids as to materially reduce the effectiveness of the Total Evaluated Price formula in determining the potential cost of an offer in comparison to other, balanced, bids.

V.D. 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)

General Decision Number: VT100001 03/12/2010 VT1

Superseded General Decision Number: VT20080001

State: Vermont

Construction Type: Building

County: Chittenden County in Vermont.

BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 03/12/2010

ELEC0300-001 06/01/2009

Rates Fringes

ELECTRICIAN

Electrical projects $250,000 < $750,000.........$ 20.70 20%+6.20 Electrical projects $750,000 and over...........$ 23.00 20%+6.20 Electrical projects < $250,000....................$ 19.55 20%+6.20

TELEDATA:

Cable splicer..............$ 19.67 20%+6.20 Technician.................$ 20.70 20%+6.20

* IRON0007-008 09/16/2009

Rates Fringes

IRONWORKER (Structural)..........$ 21.15 17.47

PLAS0534-007 01/01/2009

Rates Fringes

Cement mason Projects of 50,000 sq. ft.

or less.....................$ 30.40 19.26 Projects over 50,000 sq.

ft..........................$ 30.50 20.44

Work on a suspended staging, not supported from the ground, and over 20 ft. above the ground: $.35 per hour additional.

* PLUM0693-002 05/01/2008

Rates Fringes

Plumber/pipefitter (includes HVAC piping):

(1) Work on commericial buildings up to 3 stories and 10,000 sq ft, shopping

4/1/2010http://www.wdol.gov/wdol/scafiles/davisbacon/VT1.dvb centers up to 50,000 sq ft, and hotels/motels of 30 units or less. Does not include industrial or institutional work..........$ 17.57 11.85

(2) All other work..........$ 25.10 11.85

SHEE0063-005 07/01/2009

Rates Fringes

Sheet metal worker (includes HVAC duct work)...............$ 21.50 12.06

* SUVT2005-002 07/18/2005

Rates Fringes

Carpenter......................$ 16.15 5.16

Laborer, general Includes Cement Mason Tender......................$ 11.82 1.56

Power equipment operators:

Backhoe.....................$ 18.25 3.73

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a)(1)(ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

GS-01P-10-BZ-C-0024

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-0024

( ) 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:______________________________________

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