RFP_GS-02-P-17-PV-C-0003__Solicitation_-_Attachment_1__RFP.pdf

General Services Administration Public Buildings Service

Northeast and Caribbean Region (R2) Manhattan Service Center

Request for Proposal (RFP)

Solicitation Number: GS-02-P-17-PV-C-0003

Project: Construction Contract for Repair and Alteration

Services for RM 801 & 820 at the Moynihan Courthouse

Proposal Due Date: July 28, 2017 at 2:00 PM EST

Submit Proposals to: Nadia Shokry Burns

Contract Specialist

GSA/PBS/2PQBS

nadia.shokry.burns@gsa.gov

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement for Total Small Business set-aside:

52.219-6, Notice of Total Small Business Set Aside

This is the property of the United States Government. Copying, Dissemination, or Distribution of these drawings, plans, or specifications to unauthorized persons is prohibited.

Do not remove this notice.

Properly Destroy Documents When No Longer Needed.

mailto:nadia.shokry.burns@gsa.gov

GSA Solicitation No. GS-02-P-17-PV-C-0003

Pages 2 of 30

Table of Contents

1. General Information

1.1. The Solicitation and Contract

1.2. List of Solicitation Documents

1.3. Authorized Representatives

1.4. Estimated Price Range

1.5. FAR 52.228-1 Bid Guarantee (Sept. 1996)

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

1.7. Receipt of Offers

2. Proposals

2.1. Proposal Contents

2.2. Proposal Format

2.3. Price Proposal

2.4. Technical Proposal

2.1. Other Information to Submit with Proposal

2.2. Requirements for Joint Venture Offerors

3. General Provisions

3.1. Availability of Funds

3.2. Requests for Clarification or Interpretation

3.3. Notice to Small Business Offerors

3.4. Information Concerning the Disclosure of Solicitation Results

3.5. Affirmative Procurement Program

3.6. Notice Concerning Preparation of Proposals

3.7. Contractor Performance Information

3.8. Safeguarding Documents Designated as Sensitive But Unclassified

3.9. Additional Security Requirements

4. FAR/GSAR Solicitation Provisions

4.1. FAR 52.215-1 Instructions to Offerors - Competitive Acquisition (Jan 2017)

Pages 3 of 30

4.2. FAR 52.216-1 Type of Contract (Apr. 1984)

4.3. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (May 2014)

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

4.5. FAR 52.233-2 Service of Protest (Sep. 2006)

4.6. Buy American

4.7. Buy American Exceptions

4.8. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 98)

Number Title Date

4.9. GSAR Clause 552.102 Incorporating Provisions and Clauses

5. Additional Solicitation Provisions and Instructions

5.1. FAR 52.223-21, FOAMS (Jun. 2016)

5.2. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan. 2017)

6. Method of Award

6.1. Evaluation of Offers

6.2. Lowest Price Technically Acceptable Evaluation Process

6.3. Determination of Responsibility

6.4. Price Reasonableness

6.5. Unbalanced Prices

6.6. Total Evaluated Price

6.7. Non-Price Factors

6.8. Evaluation of Joint Venture Offerors

Pages 4 of 30

1. General Information

1.1. The Solicitation and Contract

1.1.1. This Solicitation is set-aside for Total Small Businesses, in accordance with FAR 19.

This Solicitation sets forth requirements for proposals for a Contract to conduct repair and altering construction services for rooms 801 and 820 at the Moynihan Courthouse as described in the attached Agreement. 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.

1.1.2. 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.

1.1.3. 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.

1.2. List of Solicitation Documents

The Solicitation Documents are comprised of:

1.2.1. The Solicitation

1.2.2. Standard Form (SF)1442 – Solicitation Offer and Award

1.2.3. The Agreement

1.2.4. Offeror Representations and Certifications Form

1.2.5. Past Performance Questionnaire

1.2.6. Wage Determination NY170003 NY3 Dated 05/09/2017

1.2.7. Statement of Work (SOW)

1.2.8. Sketch A

1.2.9. Sketch B

1.2.10. Sketch C

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1.3. Authorized Representatives

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

1.3.1. Contracting Officer (CO):

Name: Nadia Shokry Burns Address: 1 WTC Rm: 5509, New York, NY 10007 Telephone: (646) 465-4651 e-Mail: nadia.shokry.burns@gsa.gov

1.3.2. Alternate Point of Contact:

Name: Nicholas Uom Address: 1 WTC Rm: 5509, New York, NY 10007 Telephone: (212) 264-7367 e-Mail: nicholas.uom@gsa.gov

1.4. Estimated Price Range

The estimated price range for the Project is between $100,000.00 and $250,000.00.

1.5. FAR 52.228-1 Bid Guarantee (Sept. 1996)

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.

mailto:nicholas.uom@gsa.gov

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

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

1.6.1. 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.

1.6.2. Site visits will be held at the following date and time:

Date: July 18th, 2017 Time: 2:00 PM EST

1.6.3. Pre-registration is required for all attendees to the Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below.

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

Name: Nadia Shokry Burns Address: 1 WTC, RM: 5509, New York, NY 10007 Telephone: (646) 465-4651 e-Mail: nadia.shokry.burns@gsa.gov

1.7. Receipt of Offers

1.7.1. In order to be considered for award, proposals conforming to the requirements of the Solicitation must be received at the following office no later than 2:00 PM Eastern Time on the following date and to the following e-Mail address:

Date: July 28th, 2017 e-Mail Address: nadia.shokry.burns@gsa.gov

1.7.2. Only electronic copies of the proposals will be accepted.

http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

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2. Proposals

2.1. Proposal Contents

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

2.1.1. Technical Proposal

2.1.2. Price Proposal

2.1.2.1. SF-1442 (Signed)

2.1.2.2. SF-30, if any are issued (Signed)

2.1.2.3. Detailed price breakdown

2.1.3. Annual Representations and Certifications – FAR 52.204-8

2.1.4. GSA Form 527 – Contractor’s Qualification and Financial Information (Current)

2.1.5. Bid Guarantee, using Standard Form 24

2.2. Proposal Format

2.2.1. Each bulletin mention in section 2.1. shall be submitted as a separate attachment.

2.2.2. The technical proposal shall not contain any pricing information, pertaining to the pricing of the requirement.

2.2.3. Technical offers should be neat, orderly, and address all solicitation requirements. Simply repeating or paraphrasing the Description/Specification/Work Statement is not acceptable.

2.2.4. The Technical offer shall be limited to a maximum of 20 pages, excluding the submitted resumes and past performance questionnaires. Any technical offers exceeding 20 pages in length will be considered excessive and only the first 20 pages will be considered.

2.3. Price Proposal

2.3.1. 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

Pages 8 of 30 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. In addition, include any SF-30s issued along.

2.3.2. 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.

2.3.3. Additional Price Proposal Requirements, include a detailed price proposal breakdown.

2.4. Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors described in Section 6.

2.4.1. Factor 1: Set-Aside Requirement

The Offeror shall be considered a small business under NAICS code 236220 under their SAM account at Offer submission and award. If the Offeror is not considered a small business, they will be removed from competition and no longer taken into consideration.

2.4.2. Factor 2: Experience on Similar Projects

Offeror shall submit three (3) references of ongoing or completed contracts (Government or commercial) for general construction/repair and alternation services substantially ongoing/completed within the past five (5) years. All past performance references submitted must indicate that the Offeror performed as the prime contractor.

Reference Requirements:

1. All references were performed shall be comparable in size, scope, and complexity to the Daniel Patrick Moynihan Courthouse and were a part of a fully occupied and functioning office building;

2. All references provided shall include at least a combination of all of the following (each of these elements shall be presented in the submitted references): carpet replacement, painting, removal and replacement of wall coverings, carpentry, kitchen cabinet construction/installation (including plumbing and electrical hook-ups), ceiling replacements (both lay-in and concealed grid type), wall and door installations, HVAC mods, general electrical installations/movements, fire sprinkler relocations, wood molding, and vinyl cove base installations;

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3. Project was performed in a comparably sized structure such as a Federal Building, Federal Courthouse, Municipal Building or Municipal Courthouse, etc.;

and the Offeror’s employees were able to obtain security clearances to allow them to work within such facilities;

4. Each reference provided shall have a total Contract Award of at least $100,000.00.

A reference is considered “comparable”, if the Offeror performed general construction/repair and alternation services on a “similarly complex projects” is defined and comparable in nature, type, and complexity within the Statement of Work.

For each reference 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 this RFQ requirement. At a minimum, the following information shall be included in the narrative.

∗ Building name and address;

∗ Type of facility (i.e. office building, hospital, museum, etc.);

∗ Size of project in the number of square feet and number of stories;

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

∗ Description of services performed/project;

∗ Original date for substantial and contract completion at the 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;

∗ Describe the security clearance obtained for the project, if any were required;

∗ A point of contact complete with a mailing address, e-mail address, telephone number.

2.4.3. Factor 3: Quality Control Plan

Quality control plan shall fully describe the company’s quality control program and how it serves to ensure effectiveness, efficiency, and soundness in the overall performance of services under this contract. The requirements of the contract are, but not limited to, reporting standards, certification of provided staff, capability to perform at services based on the complexity of the statement of work, and correspondence to problematic issues with the contract. Refer to the solicitation for all the contract requirements.

2.4.4. Factor 4: Staffing Plan

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Offeror shall include corporate organizational chart and contact information showing qualifications, responsibilities, and authorities, including the Project Manager’s level of authority and responsibility. A resume is also required for the proposed Project Manager and Alternate Project Manager. Any relevant trades requiring certifications shall be identified and included within the staffing plan.

2.4.5. Factor 5: Past Performance

This factor considers the past performance of the Offeror, and will be evaluated as part of the responsibility determination.

The Offeror’s past performance record must demonstrate satisfactory performance on at least three (3) comparable projects substantially completed within the last five

(5) years. Any proposal which does not demonstrate satisfactory performance on at least three (3) comparable projects substantially completed within the last five (5) years will not considered technically acceptable. The Offeror must provide a GC Reference Form for each reference (a person or persons who may be contacted regarding the quality of the Offeror’s past performance). The name, title, company name, current address, current phone number, and current fax number for each reference must appear on the form.

The Offeror must submit a Past Performance Questionnaire (PPQ), completed by the applicable client, for each project included in its offer for Factor 2 – Experience on Similar Projects. Completed PPQs should be submitted with the offer. 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 the offer closing date, the Offeror should complete and submit with the offer 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, to Nadia Shokry Burns via e-mail at nadia.shokry.burns@gsa.gov prior to the offer closing date. Offerors may resubmit questionnaires previously submitted with other offers or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their offer PPQs previously submitted for other RFPs.

Also include performance recognition documents received within the last five (5) 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 contact the references provided and/or 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 Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming

Pages 11 of 30 arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's submission, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the Offeror. While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. GSA will not maintain database of PPQs submitted by Offerors.

If the Offeror has no relevant past performance history, it must affirmatively state so in the proposal. The Offeror that states they have no relevant past performance history and Offerors that are unable to provide past performance references/reports after making all reasonable efforts will not be evaluated favorably or unfavorably under the criteria and will receive a “neutral” rating, in accordance with FAR 15.305.

2.4.6. Factor 6: Bid Bond

This factor considers the bid guarantee of the Offeror, and will be evaluated as part of the responsibility determination.

The Offeror shall submit an original and two (2) copies of Standard Form 24, Bid Bond as requested in Section I, Bid Guarantee. The bid bond (bid guarantee) shall be 20 percent of the Offeror’s total evaluated price or $3,000,000.00, whichever is less.

2.1. Other Information to Submit with Proposal

2.1.1. 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.

2.1.2. Qualifications of Offerors

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

2.2. Requirements for Joint Venture Offerors

https://www.sam.gov/

Pages 12 of 30

2.2.1. 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.

2.2.2. 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.

2.2.3. 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.

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

3. General Provisions

3.1. 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.

3.2. Requests for Clarification or Interpretation

The Government will answer timely requests for clarifications or interpretations of the Solicitation documents prior to the date set for receipt of proposals. Prospective Offerors should make such requests by July 19th, 2017 at 2:00 PM EST. Questions are to be submitted to Nadia Shokry Burns, Contracting Officer, at nadia.shokry.burns@gsa.gov.

3.3. Notice to Small Business Offerors

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.

3.4. Information Concerning the Disclosure of Solicitation Results http://www.sba.gov/

Pages 13 of 30

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

3.5. 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.

3.6. 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.

3.7. Contractor Performance Information

3.7.1. 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. 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.

3.7.2. CPARS Registration: Each award requiring an evaluation must be registered in CPARS. The Contractor will receive several automated emails. Within thirty days of award, the Contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

3.7.3. Contractor CPARS Training: Contractors may 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.

http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm

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3.7.4. Contractor Representative (CR) Role: All evaluations will be sent the Contractor

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

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

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

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

3.8. 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, as set forth in the provision “Administrative Matters” of the Agreement, as a condition of receipt of such information.

3.9. Additional Security Requirements

3.9.1. FAR 52.224-1, Privacy Act Notification (Apr. 1984 )

3.9.2. FAR 52.224-2, Privacy Act (Apr. 1984 )

3.9.3. GSAR Clause 552.204-9, Personal Identity Verification Requirements (Oct 2012)

3.9.4. FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems, This project is classified as Sensitive But Unclassified (SBU).

4. FAR/GSAR Solicitation Provisions

4.1. FAR 52.215-1 Instructions to Offerors - Competitive Acquisition (Jan 2017)

Referenced

Pages 15 of 30

4.2. FAR 52.216-1 Type of Contract (Apr. 1984)

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

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

(May 2014)

(a)

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

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

(b)

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

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

4.4. 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 Electricians 9.0 to 10.2 Carpenters 27.6 to 32.0

Steam fitters 12.2 to 13.5 Metal lathers 24.6 to 25.6

Painters 28.6 to 26.0 Operating Engineers 25.6 to 26.0

Plumbers 12.0 to 14.5 Iron workers (construct) 25.9 to 32.0

Elevator constructors 5.5 to 6.5

6.9%

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Bricklayers 13.4 to 15.5 Asbestos workers 22.8 to 28.0

Roofers 6.3 to 7.5 Iron workers (ornamental) 22.4 to 23.0

Cement masons 23.0 to 27.0 Glaziers 16.0 to 20.0

Plasterers 15.8 to 18.0 Teamsters 22.0 to 22.5

Boilermakers 13.0 to 15.5 All others 16.4 to 17.5

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;

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(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: New York, NY 10007

4.5. FAR 52.233-2 Service of Protest (Sep. 2006)

(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 the provision “Receipt of Offers” in Section 1 General Information.

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

4.6. Buy American

4.6.1. 52.225-9 Buy American—Construction Materials (May 2014)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;

and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit.

Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

None

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest;

or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

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(c) Request for determination of inapplicability of the Buy American statute.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction Material Description

Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction

Pages 20 of 30 material Item 2:

Foreign construction

Domestic construction

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

4.6.2. 52.225-10 Notice of Buy American Requirement—Construction Materials (May 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

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(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 52.225-9, 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 price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 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)

4.7. Buy American Exceptions

Not applicable.

4.8. 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 52.214-34 Submission of Offers in the English Language Apr. 1991 52.215-1 Instructions to Offerors—Competitive Jan. 2017 52.215-16 Facilities Capital Cost of Money Jun. 2003 52.236-28 Preparation of Proposals—Construction Oct. 1997 http://www.acquisition.gov/comp/far/index.html

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4.9. GSAR Clause 552.102 Incorporating Provisions and Clauses

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.

Number Title Date

552.236-75 Use of Premises Apr. 1984

5. Additional Solicitation Provisions and Instructions

5.1. FAR 52.223-21, FOAMS (Jun. 2016)

5.2. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan. 2017)

1) Bilateral Modifications extending the contract when such modifications are individually or cumulatively longer than six months.

2) In IDIQ where the remaining ordering period extends at least six months and the amount of remaining work or number of orders expected is substantial.

6. Method of Award

6.1. Evaluation of Offers

6.1.1. The Government intends to award a contract resulting from this solicitation to the responsible Offeror whose proposal represents the best value from the selection of the technically acceptable proposal with the lowest evaluated price. Award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non-price factors. Proposals will be evaluated for acceptability but will not be ranked using the non- price factors.

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

6.1.3. The Government may waive informalities and minor irregularities in proposals received.

6.1.4. The Government intends to evaluate proposals and award on initial proposals.

Therefore, the offeror’s initial proposal shall contain the offeror’s best price. If multiple line items are priced, each line item will be evaluated to ensure that balanced pricing exists. If the line items are determined to be unbalanced for the offeror that presents the lowest priced technically acceptable proposal, the Government will allow that offeror the opportunity to balance the line items prior to award. If the

Pages 23 of 30 offeror cannot, or chooses not to, balance the line items, the Government shall deem the offeror’s proposal as unacceptable.

6.1.5. A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

6.1.6. Unsuccessful offerors will be notified in accordance with FAR 15.503.

6.2. Lowest Price Technically Acceptable Evaluation Process

6.2.1. The Government will evaluate all technical proposals on a Acceptable/Unacceptable or Go/No Go basis to determine all offers that meet the minimum technically acceptable requirements. Failure to meet a requirement may result in an offer being determined technically unacceptable. An unacceptable rating for any one factor makes the entire proposal unacceptable. Any costs incurred by Offerors in preparing or submitting proposals are the offerors' sole responsibility; the United States will not reimburse any Offeror for any proposal preparation costs.

6.2.2. Award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non-price factors.

6.2.3. The following non-price factors will be evaluated for acceptability:

6.2.3.1. Factor 1: Set-Aside Requirement

Evaluation Criteria: This factor evaluates the Offeror’s adherence to the set-aside requirement.

Acceptability Standard (Acceptable): The Offeror shall be considered a small business under NAICS code 236220 under their SAM account at Offer submission and award. If the Offeror is not considered a small business, they will be removed from competition and no longer taken into consideration.

6.2.3.2. Factor 2: Experience on Similar Projects

Evaluation Criteria: This factor evaluates the extent of the Offeror’s past experience as a firm in providing similar construction services to determine the firm’s experience in completing the tasks detailed in the performance work statement.

Acceptability Standard (Acceptable): The Offeror must demonstrate successful experience as a General Construction (GC) Contractor responsible for the construction of at least three (3) ongoing or completed contracts (Government or commercial) for general construction/repair and alternation services substantially ongoing/completed within the past five (5) years. All

Pages 24 of 30 past performance references submitted must indicate that the Offeror performed as the prime contractor.

Reference Requirements:

1. All references were performed shall be comparable in size, scope, and complexity to the Daniel Patrick Moynihan Courthouse and were a part of a fully occupied and functioning office building;

2. All references provided shall include at least a combination of all of the following (each of these elements shall be presented in the submitted references): carpet replacement, painting, removal and replacement of wall coverings, carpentry, kitchen cabinet construction/installation (including plumbing and electrical hook-ups), ceiling replacements (both lay-in and concealed grid type), wall and door installations, HVAC mods, general electrical installations/movements, fire sprinkler relocations, wood molding, and vinyl cove base installations;

3. Project was performed in a comparably sized structure such as a Federal Building, Federal Courthouse, Municipal Building or Municipal Courthouse, etc.; and the Offeror’s employees were able to obtain security clearances to allow them to work within such facilities;

4. Each reference provided shall have a total Contract Award of at least $100,000.00.

A reference is considered “comparable”, if the Offeror performed general construction/repair and alternation services on a “similarly complex projects” is defined and comparable in nature, type, and complexity within the Statement of Work.

Each Offeror will be evaluated on the type and description of references and the Offeror’s performance under these references.

For each reference 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 this RFQ requirement.