GS02P11PWC0019 SOLICIATION APRIL2011.pdf

GSA SOLICITATION NO. GS-02P-11-PWC-0019

CONSTRUCTION CONTRACT for US PROBATION SPACE

ALTERATIONS, FIRST AND SECOND FLOORS

SYRACUSE, NY. RNY00367

GSA Solicitation No. GS-02P-11-PWC-0019

C201-SB 3/11

Notice to Offerors of HubZone Small Business Set-Aside

52.219-3 Notice of HUBZone Set-Aside

General Information

I.A The Solicitation and Contract

I.A.1 This Solicitation is set-aside for HubZone Small Businesses in accordance with FAR 19. 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 proposal shall not be part of the Contract except to the extent expressly incorporated therein by 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 price.

I.B List of Solicitation Documents

The Solicitation Documents are comprised of:

1. The Solicitation

2. Offeror Representations and Certifications Form (C301)

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

4. The Agreement and all Attachments to the Agreement

5. Document Security Notice

6. Other Forms Required For Submission with Bid

I.C Authorized Representatives

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

I.C.1 Contracting Officer

Name: Kim Hallman Address: 100 S. Clinton St, Room 1350, P.O. Box 7005, Syracuse, NY 13261 Telephone: (315) 448-0958; FAX: (315) 448-0968 Email: kim.hallman@gsa.gov

I.C.2 Alternate Point of Contact

Name: Kevin Flanagan Address: 100 S. Clinton St, Room 1350, P.O. Box 7005, Syracuse, NY 13261 Telephone: (315) 448-0947; FAX (315) 448-0968 Email: kevin.flanagan@gsa.gov

I.D Estimated Price Range

The estimated price range for the Project is between $1,000,000 and $5,000,000.

I.E 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.

mailto:kim.hallman@gsa.gov

I.F FAR 52.236-27 Site Visit - Construction (FEB 95)

I.F.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.F.2 Site visit will be held at the follow dates and times:

Wednesday, April 27, 2011 from 12:30 PM to 2:30 PM, Room 541 and

Wednesday, May 04, 2011 from 12:30 PM to 2:30 PM, Room 541

I.G Receipt of Bids

I.G.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 3:00 pm on the following date and at the following address:

Date: May 10, 2011 and Address: GSA, 100 S. Clinton St, Room 1350, Syracuse, NY 13261

I.G.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.

I.G.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. The Bid Opening will start promptly at 3:00 PM. No Bids will be accepted after 3:00 PM on May 10, 2011.

II. Invitation for Bid

IIIIII.A Bid Contents

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

1. Priced Bid

2. Representations and Certifications (C301)

3. Bid Guarantee, using Standard Form 24

4. GSA Form 527 — Contractor's Qualification and Financial Information

5. Other Documents as Required: Performance and Payment Bonds

The SF 1442, Block 17, must be fully executed by the Offeror.

II.A.2 Qualifications, Exclusions and Conditions

If the Offeror communicates in its Bid any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the Bid.

II.A.3 Additional Requirements

NO FACSIMILE OR ELECTRONIC BIDS WILL BE ACCEPTED.

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 Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of Bids.

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 14.403(b), after receipt of Bids and the Bid Opening, the only information available to the public is the Bid Abstract.

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 http://www.sba.gov/ reduction.

III.A.6 Notice Concerning Preparation of Bids

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 a Bid 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

The General Services Administration (GSA), Public Buildings Service (PBS) will begin using Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. The system enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The following are the modules of the system:

(a) Contractor Performance Assessment Reporting System (CPARS): Used to create past performance evaluations on services procurements;

(b) Architect Engineer Contract Administration Support System (ACASS): Used to create past performance evaluations on NE procurements; and(c) Construction Contractor Appraisal Support System (CCASS) module: Used to create past performance evaluations on construction procurements.

Throughout the rest of this section, the term "CPARS" will mean the overall evaluation system (inclusive of the CPARS, ACASS and CCASS evaluation modules).

Each award requiring an evaluation will be registered in CPARS by the Government. Within 30 days of award, the contractor will receive an email that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Contractors are encouraged to visit:

http://www.cpars.csd.disa.mil/allapps/cpartrnq/webtrain/webtrain all.htm to sign up for free on-line Contractor Overview training when these sessions are offered. The training session is (2) hours and is specifically for contractor users who will provide Past Performance Evaluation comments on PBS evaluations.

After the contracting officer prepares and releases a contract evaluation, the contractor will receive an email alerting them the evaluation is ready for their review and comment. The contractor will have 30 days to respond to the evaluation. GSA shall provide for review at a level above the contracting officer (e.g., 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.

NOTE: Unless the contractor provides a different point of contact (POC) to the contracting officer after award, the Past Performance Point of Contact (POC) listed on the contractor's Central Contractor Registration (CCR) profile will be used as the default Past Performance POC. This is the individual who will receive CPARS email alerts. In accordance with FAR Clause 52.204-7 the contractor is responsible for the accuracy and completeness of the data within the CCR database.

http://www.cpars.csd.disa.mil/allapps/cpartrnq/webtrain/webtrain

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions.

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 of the Agreement (Administrative Matters) as a condition of receipt of such information.

FAR & GSAR Solicitation Provisions

III.B.1 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.2 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 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.3 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

3.2%. 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.

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

NY / Onondaga / Syracuse

III.B.4 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.5 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

52.214-34 Submission of Offers in the English Language APR 91 52.215-16 Facilities Capital Cost of Money JUN 03 52.236-28 Preparation of Proposals OCT 97

IV Buy American and Additional Solicitation Provision

IV.A Buy American

52.225-10

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

V Method of Award

V.A Determination of Responsibility

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

V.B Price Reasonableness

All offers must include reasonable prices. The Contracting Officer may reject all offers containing prices determined to be unreasonably high or low.

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

V.C Unbalanced Prices All offers must include balanced prices. If this Solicitation requires unit prices, option prices, or bid rates, the Contracting Officer may reject any proposal determined to be unbalanced with respect to such prices or rates. A proposal 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 offers 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 offers.