Rodino_Vestibule_Solicitation_Document.pdf

GSA Solicitation No. GS-02-P-15-DT-C-7001

Document: DB201A-SB / Nov 2014 (The Solicitation) Pages 1 of 36

Design Build Contract for Walnut Street Entrance / Exit Vestibule and Improvements to the 1st Floor HVAC System

The Solicitation

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement: 52.219-6, Notice of Total Small Business Set-Aside

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 Offers

II. Proposals A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal F. Requirements for Joint Venture Offerors

III. General Provisions

1. Availability of Funds

2. Requests for Clarification or Interpretation

3. Notice to Small Business Firms

4. Information Concerning the Disclosure of Solicitation Results

5. Affirmative Procurement Program

6. Notice Concerning Preparation of Proposals

7. Bond Requirements

8. Contractor Performance Information

9. Safeguarding Documents Designated as Sensitive But Unclassified 10.

IV. FAR/GSAR Solicitation Provisions

1. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition

2. FAR 52.216-1 Type of Contract

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

4. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction

5. FAR 52.233-2 Service of Protest

6. Buy American

7. Buy American Exceptions

(The Solicitation) Pages 2 of 36

A.

8. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

V. Additional Solicitation Provisions and Instructions A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 B. Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building

Information

C. FAR 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (JUNE 2010)

D. FAR 52.244-6 Subcontracts for Commercial Items (OCT 2014)

E. FAR 52.215-2 AUDIT AND RECORDS-NEGOTIATION (OCT 2010) ALTERNATE I

VI. Method of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness D. Unbalanced Prices E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offerors

(The Solicitation) Pages 3 of 36

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside forSmall Businesses Concerns , in accordance with FAR 19.

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

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

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

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

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement

(5) The Statement of Work, Specifications, Drawings, Exhibits, and other Attachments to the Agreement

I.C. Authorized Representatives

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

(1) Contracting Officer

Name: Sebastian Asaro

Address: General Services Administration Public Buildings Service Operations Branch C (2PQCA) 26 Federal Plaza New York, NY 10278

Telephone: office: 212-264-2713 cell: 646-398-0455

Email: sebastian.asaro@gsa.gov

(2) Alternate Point of Contact

Name: Andreea Surdu Address: General Services Administration

(The Solicitation) Pages 4 of 36

Public Buildings Service Operations Branch C (2PQCA) 26 Federal Plaza New York, NY 10278

Telephone: office: 212-306-4943 cell: 646-398-0455

Email: andreea.surdu@gsa.gov

1. I.D. Pre-Proposal Conference A pre-proposal conference regarding this Solicitation is scheduled as follows:

Date: June 9, 2015 Time: 8:00 AM

Location: Peter W. Rodino Jr. Federal Office Building 13th Floor Conference Room 970 Board Street Newark, NJ

The Pre-Proposal Conference is limited to no more than four representatives from each firm interested in submitting a proposal in response to this solicitation. Interested parties that plan to attend must notify the Contracting Officer by June 5, 2015. Only those parties who have notified the Contracting Officer by June 5, 2015 and provide the names, telephone numbers, email addresses, and the firm they represent will be allowed to attend. Contact the Contracting Officer to request a reasonable accommodation due to a disability. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Conference.

I.E. Estimated Price Range or Budget Amount

The estimated price range for the Project is between $8,000,000 and $12,000,000.

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

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

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

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

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed

(The Solicitation) Pages 5 of 36 bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

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

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

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

Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Interested parties that plan to attend must notify the Contracting Officer by June 5, 2015. Only those parties who have notified the Contracting Officer by June 5, 2015 and provide the names, telephone numbers, email addresses, and the firm they represent will be allowed to attend.

(2) The pre-proposal site visit is scheduled as follows:

Date: June 9, 2015 Time: 8:00 AM

Location: Peter W. Rodino Jr. Federal Office Building 13th Floor Conference Room 970 Board Street Newark, NJ

For additional information regarding the pre-proposal conference, site visit or access requirements, please contact:

Name: Sebastian Asaro Address: General Services Administration

Public Buildings Service Operations Branch C (2PQCA) 26 Federal Plaza New York, NY 10278

Telephone: office: 212-264-2713 cell: 646-398-0455

Email: sebastian.asaro@gsa.gov

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 4:00 pm local time on the following date and at the following address:

Date: June 29, 2015 Address: ELECTRONIC SUBMISSIONS ONLY AT THE FOLLOWING ADDRESSES:

Sebastian.asaro@gsa.gov

(The Solicitation) Pages 6 of 36

Andreea.surdu@gsa.gov

(2) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

(3) Offers sent by United States Mail shall be deemed timely if delivered to the address of the office designated for receipt of offers on or before the date established for receipt of offers.

II. Proposals

II.A. Proposal Contents

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

(1) Price Proposal

(2) Technical Proposal

(3) Representations and Certifications

(4) Bid Guarantee, using Standard Form 24

(5) Other Documents as Required

II.B. Proposal Format Your proposal should be separated into two parts:

Part I shall be the offeror’s Price Proposal and it shall contain the pricing information for the base plus any options.

Part II shall be the offeror’s Technical Proposal, which will provide the response to the technical factors demonstrating the offeror’s technical capabilities.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

II.D. Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors described in Section VI.

(The Solicitation) Pages 7 of 36

Factor 1: Offeror’s Experience on Similar Projects

This factor will consider the extent of the offeror’s design and construction experience in the role of on projects with similar in size, scope, and complexity. In response to this factor the offeror must submit the required information listed below for two (2) similar projects successfully completed within the past six years. If the offeror provides more than two (2) projects, GSA will only consider the two (2) projects submitted based on descending order from the most recent project completion date.

A project will be considered similar if the project has enough characteristics or similarities in common with the requirements of the RFP that it can be determined comparable.

The projects submitted must be substantially complete and demonstrate the offerors cumulative experience with:

Completing individual construction requirements with a value over $2.5M.

Construction requiring blast calculations.

Abatement of asbestos containing spray-on fireproofing.

New York State Code Rule 56.

Design/build requirements.

HVAC design and installation requirements.

Construction in an occupied building.

For each project identified, offerors are required to provide a narrative explaining how the firm’s past experience on the submitted project is relative and will lead to the successful delivery of the RFP requirements. The narrative shall be no more than four 8 ½ x 11 one sided typewritten pages using Times New Roman 12 point font and include no more than three pictures per project (pictures are not included in page count). Incomplete or missing information may result in a lower evaluation rating. If the narrative exceeds the specified page count, GSA will only consider the first four pages. At a minimum, the following information shall be included in the narrative.

Name of project, date started, date substantially complete, date contract complete, and location the work took place.

Description of project.

Schedule date for substantial and contract complete at time of award and explanation for any variance from that date.

Project challenges if any and steps to overcome those challenges.

Construction contract value at time of award and at time of completion and explanation of any variance.

Evaluation Standards for Factor 1:

Excellent:

Response is considered excellent if all of the following apply:

The experience submitted demonstrates successful experience on projects that are more complex than the requirements contained in the solicitation.

(The Solicitation) Pages 8 of 36

The offeror demonstrates that it is capable to complete projects on-time and on-budget with no exception.

The offeror demonstrates successfully experience performing construction in an occupied building with no disruption to the tenants.

There are no identifiable weaknesses.

Good:

Response is considered good if the offer did not meet one or more of the evaluation standards for excellent and all of the following apply:

The standard was rated excellent or the experience submitted demonstrates successful experience on projects that are as complex as the requirements contained in the solicitation.

The standard was rated excellent or the offeror demonstrates that it is capable to complete projects with no more than a 10% variance or with adequately explained exception above a 10% variance to schedule and budget.

The standard was rated excellent or the offeror demonstrates successfully experience performing construction in an occupied building with slight disruption to the tenants.

The standard was rated excellent or there are no identifiable significant weaknesses.

Acceptable:

Response is considered acceptable if the offer did not meet one or more of the evaluation standards for excellent or good and all of the following apply:

The standard was rated excellent, good or the experience submitted demonstrates successful experience on projects that are not as complex as the requirements contained in the solicitation, but the offeror demonstrates experience with the requirements contained in the solicitation.

The standard was rated excellent, good or the offeror demonstrates that it is capable to complete projects on-time and on-budget with no more than a 15% variance or with adequately explained exception above a 15% variance.

The standard was rated excellent, good or the offeror demonstrates successfully experience performing construction in an occupied building.

The standard was rated excellent, good or there are identifiable weaknesses that with risk management can be minimized.

Unacceptable:

Response is considered unacceptable if any of the following apply:

The experience submitted does not demonstrate successful experience on projects similar to requirements contained in the solicitation.

The offeror completes projects with more than a 15% variance to schedule and budget without adequate explanation.

The offeror does not demonstrate successfully experience performing construction in an occupied building.

There are significant weaknesses that cannot be minimized by risk management.

The information provided lacks essential information to substantiate the data presented to the extent that the response can only be evaluated with significant changes to the proposal.

Factor 2: Design Concepts

(The Solicitation) Pages 9 of 36

This factor will consider the offeror’s understanding of the design intent for the contract requirements. The offeror shall submit design concept documents to include preliminary sketches that demonstrate the offerors understanding of the contractual requirements identified in the RFP.

Evaluation Standards for Factor 2:

Excellent: The design concept documents submitted clearly demonstrate the offerors understanding of the requirements contained in the solicitation. There are no identifiable weaknesses.

Good: The design concept documents submitted demonstrate the offerors understanding of the requirements contained in the solicitation with minor exception. There are no identifiable significant weaknesses.

Acceptable: The design concept documents submitted demonstrate the offerors understanding of the requirements contained in the solicitation but additional action is required to ensure design intent is met. There are identifiable weaknesses that with risk management can be minimized.

Unacceptable: The design concept documents submitted does not demonstrate the offerors understanding of the requirements. There are significant weaknesses. The information provided lacks essential information to substantiate the data presented to the extent that the response can only be evaluated with significant changes to the proposal.

Factor 3: Key Personnel

This factor will consider the depth of the experience and qualifications of the proposed Key Personnel and the design team. Offerors shall submit resumes for the Key Personnel required for the Project. Resumes shall include all pertinent information that clearly exhibits the education, experience and qualifications of the proposed personnel. Each resume shall be no more than one 8 ½ x 11 one sided typewritten pages using Times New Roman 12 point font.

Incomplete or missing information may result in a lower evaluation rating. All personnel proposed shall be considered the Key Personnel for this project and changes to the designated Key Personnel shall only take place in accordance with the terms of the contract.

This factor will also evaluate the design team’s qualifications and experience. The offeror shall submit the design team’s portfolio of not more than five projects completed in the last (10) ten years (maximum of three pages per project). The narrative shall address the design approach with salient features for each project and discuss how the client’s program, functional, image, mission, economic, schedule, and operational objectives were satisfied by the overall design/planning solution. This section of the submission should include tangible evidence such as certificates, awards, peer recognition, etc. demonstrating design excellence, and provide a client reference contact for each project, including name, title, address, email, phone, and fax numbers. A representative floor plan, a site plan, a building section, or other appropriate drawing, and a minimum of two photographs must be included for each project.

The offeror shall demonstrate that the design team has the experience and competence in designing new building construction and renovations that are similar in size, scope, and complexity. At a minimum, the design experience and competence shall be in the disciplines of code compliance, HVAC, electrical, fire safety, plumbing, hazardous material abatement, blast calculations, building security systems and space planning and programming. The offeror shall

(The Solicitation) Pages 10 of 36 demonstrate experience and capabilities to design using the best technology in all areas of work such as documentation management, use of metric units, and energy management. The offeror shall demonstrate experience and capability of working with the owner and tenants, to design within the available budgets and schedule.

GSA considers the following Key Personnel for this contract:

Lead Architect: The offeror shall propose one (1) licensed Architect that possesses a minimum of ten (10) years of commercial construction design experience and has designed projects with values over $2 million.

Project Manager: The offeror shall propose one (1) Project Manager that possesses a minimum of ten (10) years of construction project management experience and has managed a construction project over $2 million.

Construction Superintendent: The offeror shall propose at least one Construction Superintendent that has at least ten years of general construction experience, with a minimum of five years as a Construction Superintendent and has been a superintendent of a project over $2 million.

MEP Superintendent: The offeror shall designate at least one MEP Superintendent that has at least ten years of MEP experience, with a minimum of three years as a MEP Superintendent and has been a superintendent of a project over $1 million.

Evaluation Standards for Factor 3:

Excellent:

The experience and qualifications of the key personnel and design team proposed exceed the minimum requirements. The key personnel proposed have experience in projects that directly correspond to the requirements specified in the RFP. There are no weaknesses.

Good:

The experience and qualifications of the key personnel and design team proposed meet and in some cases exceed the minimum requirements. The key personnel proposed have experience in projects with similar requirements identified in the RFP. There are no identifiable significant weaknesses.

Acceptable:

The experience and qualifications of the key personnel and design team proposed meet the minimum requirements. There are identifiable weaknesses that with risk management can be minimized.

Unacceptable:

The experience and qualifications of the key personnel and design team proposed does not meet the minimum requirements. There are significant weaknesses. The response lacks essential information to substantiate the data presented to the extent that the criteria/requirements can only be met with major changes to the proposal.

Factor 4: Design Build Team Structure

(The Solicitation) Pages 11 of 36

This factor will consider the depth of offeror’s the design build team structure. Each offeror shall submit a narrative with the experience, qualifications and other relevant information on its proposed team structure to include significant subcontractors for critical project requirements.

The offeror shall identify if the work will be self-performed (accomplished through its own organizational assets) or by key subcontractors. All subcontractors proposed shall be considered Key Subcontractors for this project and changes to the designated Key Subcontractors shall only take place in accordance with the terms of the contract. The narrative shall be no more than two 8 ½ x 11 one sided typewritten pages using Times New Roman 12 point font. Incomplete or missing information may result in a lower evaluation rating. If the narrative exceeds the specified page count, GSA will only consider the first two pages.

GSA considers the following Critical Project Requirements for the Project:

Blast design and calculations

Design, engineering and specification development

HVAC design, engineering and specification development

Asbestos and lead abatement

Evaluation Standards for Factor 4:

Excellent:

The offeror’s proposed DB team’s qualifications and experience demonstrates significant experience with and understanding of the Critical Project Requirements without exception.

There are no weaknesses.

Good:

The offeror’s proposed DB team’s qualifications and experience demonstrates experience with and understanding of the Critical Project Requirements with minor exceptions. There are no identifiable significant weaknesses.

Acceptable:

The offeror’s proposed DB team’s qualifications and experience demonstrates experience with and understanding of the Critical Project Requirements with correctable exceptions. There are identifiable weaknesses that with risk management can be minimized.

Unacceptable:

The offeror’s proposed DB team’s qualifications and experience does not demonstrate experience with or an understanding of the Critical Project Requirements. There are significant weaknesses. The response lacks essential information to substantiate the data presented to the extent that the criteria/requirements can only be met with major changes to the proposal.

Factor 5: Project Management Plan

This factor will consider the offeror’s ability to manage the project. Each offeror shall submit a project plan that at a minimum identifies the offeror’s project organizational structure with roles and responsibilities identified, risk identification and mitigation, quality assurance efforts, and the identification of and schedule for completing significant milestones. The project management plan shall be no more than four 8 ½ x 11 one sided typewritten pages using Times New Roman 12 point font. Incomplete or missing information may result in a lower evaluation rating. If the narrative exceeds the specified page count, GSA will only consider the first four pages.

Excellent:

(The Solicitation) Pages 12 of 36

The offeror’s project management plan is complete, realistic and demonstrates significant understanding of the project requirements without exception. There are no weaknesses.

Good:

The offeror’s project management plan is complete, realistic and demonstrates an understanding of the project requirements with minor exceptions. There are no identifiable significant weaknesses.

Acceptable:

The offeror’s project management plan is complete, realistic and demonstrates an understanding of the project requirements with correctable exceptions. There are identifiable weaknesses that with risk management can be minimized.

Unacceptable:

The offeror’s project management plan is incomplete, is not realistic and does not demonstrate an understanding of the project requirements. There are significant weaknesses. The response lacks essential information to substantiate the data presented to the extent that the criteria/requirements can only be met with major changes to the proposal.

Factor 6: Offeror’s Past Performance

This factor will consider the offeror’s past performance. The offeror must submit a Past Performance Questionnaire (PPQ) (included in the solicitation as an attachment), completed by the applicable client, for each project included in its proposal for Factor 1. Completed PPQs should be submitted with the proposal. Ensure correct phone numbers and email addresses are provided for the client point of contact. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the project. If the client requests, the client may submit a questionnaire directly to the Government’s point of contact Sebastian Asaro via email at sebastian.asaro@gsa.gov prior to the proposal closing date. Offerors may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

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

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Report System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by offeror. While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror. GSA will not maintain database of PPQs submitted by offerors.

(The Solicitation) Pages 13 of 36

Evaluation Standards for Factor 6:

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the

Government/Owner's benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the

Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes and Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the

Government's/Owner's benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the

Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets minimum contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

A Satisfactory rating is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(M) Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(U)

Unsatisfactory

Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the

Government/Owner. A singular problem however, could be of such serious magnitude that it alone constitutes an

(The Solicitation) Pages 14 of 36 unsatisfactory rating.

(N) Not

Applicable

No information or did not apply to your contract.

Rating will be neither positive nor negative.

BASIS FOR AWARD

The award of this acquisition is contingent upon the availability of funds. Based on the SSA’s decision, a contract will be awarded to the offeror whose proposal provides the Best Value to the government. The SSA decision shall be based on a comparative assessment of proposals against all of the technical criteria identified in the solicitation. While the SSA may use reports and analyses prepared by the SSB and others, the technical decision shall represent the SSA’s independent judgment. The technical decision shall be documented, and the documentation shall include the rationale for any business judgments and tradeoffs made or relied on by the SSA, including benefits associated with additional costs. Although the rationale for the selection decision must be documented, that documentation need not quantify the tradeoffs that led to the decision. GSA will award one contract for construction services that offers the best overall value to the Government.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management (SAM), accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301).

(2) Financial Responsibility and Capacity of Offerors

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

(The Solicitation) Pages 15 of 36

II.F. Requirements for Joint Venture Offerors

(1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.

(2) An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members.

(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

(4) Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture.

III. General Provisions

III.A. Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the Contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of Contract award.

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered within 30 calendar days. Therefore, prospective Offerors should make such requests not less than 19 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such

(The Solicitation) Pages 16 of 36 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.F. Notice Concerning Preparation of Proposals

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

III.G Bond Requirements

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.H. Contractor Performance Information

1. Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov/index.htm

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

2. CPARS Modules: Currently there are three (3) modules within the CPARS system; however, the modules are being merged into a single application under the CPARS name in order to standardize the contractor performance evaluation process across the entire Federal Government. The merge is scheduled to occur in the summer of 2014. For more information on the merge visit the FAQs on the CPARS website. The following are the three modules within 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 A/E procurements; and

(c) Construction Contractor Appraisal Support System (CCASS) module: Used to create past performance evaluations on construction procurements.

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

3. Contractor’s User Point of Contact: The contractor must provide the contracting officer with the name and email address of the contractor’s user who will be the past performance point of contact (POC). The POC will be responsible for the contractor’s evaluations. Access to CPARS will be granted to the POC after the

(The Solicitation) Pages 17 of 36 award is registered in the system, and the POC is assigned the CPARS system role of contractor representative (referred to as “CR” in the CPARS system).

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

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

5. Contractor CPARS Training: Contractors should sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

III.I. Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition (JAN 04)

(a) Definitions. As used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and

(The Solicitation) Pages 18 of 36

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time

(The Solicitation) Pages 19 of 36 before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225- 17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive…