C201SolpochInter.doc

GSA Solicitation No. GS-XXP-XX-XXX-XXXX

Construction Contract for Interior Renovations/Poch GSA Solicitation No. GS-03P-10-AZ-C-0039 C201 07/10

552.219-71 Notice to Offerors of Subcontracting Plan Requirements. (JUN 05)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $500,000 ($1,000,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

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

Contents of Proposal

Price Proposal

Technical Proposal

Other Information to be Submitted with Proposal

Requirements for Joint Venture Offerors

III.

Solicitation Provisions

General Provisions

FAR/GSAR Solicitation Provisions

IV.

Buy American and Additional Solicitation Provisions

A.

Buy American Act

B.

Buy American Exceptions

C.

Small Business Subcontracting Plan

D.

Project Labor Agreements

E.

Additional Provisions

V.

Method of Award

Evaluation of Offers

Determination of Responsibility

Price Realism

Price Reasonableness

Unbalanced Prices

F.

Total Evaluated Price

G.

Non-Price Factors

H.

Evaluation of Joint Venture Offerors

I.

General Information

I.A.

The Solicitation and Contract

I.A.1 This Solicitation is an unrestricted Full and Open Competition in accordance with the source selection procedures in FAR 15.3This Solicitation sets forth requirements for proposals for a Contract to construct the Project 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.

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

I.A.3 The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B.

List of Solicitation Documents

The Solicitation Documents are comprised of:

I.B.1 The Solicitation

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

I.B.3 Other Forms Required For Submission with Proposals

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

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

I.B.6 GSA Public Buildings Service Policy on Energy Efficient Commercial Buildings Tax Deduction

I.C.

Authorized Representatives

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

I.C.1 Contracting Officer

I.C.2 Alternate Point of Contact

I.D.

Pre-Proposal Conference I.D.1.

A pre-proposal conference regarding this Solicitation is scheduled as follows:

NOT WITHSTANDING PARAGRAPH I.D.2 BELOW, NOTITIFICATION OF ATTENDANCE FOR THE PRE-PROPOSAL MEETING IS NOT REQUIRED UNLESS SPECIFIC DISABILITY ACCOMODATIONS ARE REQUESTED. ALL PARTIES IN ATTENDANCE WILL BE REQUIRED TO PASS THROUGH STANDARD SECURITY CLEARANCE UPON ARRIVAL AT THE BUILDING AND SIGN AN ATTENDANCE SHEET.

I.D.2 Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.E.

Estimated Price Range

The estimated price range for the Project is between $ 5,000,000 and $ 10,000,000

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 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)

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

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

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 3:00 pm on the following date and at the following address:

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 government installation 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:

II.A.1

Price Proposal

II.A.2

Technical Proposal

II.A.3

Representations and Certifications (C301)

II.A.4

Bid Guarantee, using Standard Form 24

II.A.5

GSA Form 527 – Contractor’s Qualification and Financial Information

II.A.6

Subcontracting Plan, if required

II.A.7

Other Documents as Required

Submit the original and three (3) copies of the Price Proposal and the original and five (5) copies of the Technical Proposal. The Price Proposal must be separately bound from the Technical Proposal. The Price Proposal shall consist of the following:

1) Signed Standard Form 1442, including acknowledgement of all amendments (if any)

2) Completed Bid Schedule

3) Representations and Certifications

4) Bid Guarantee, using Standard Form 24

5) GSA Form 527, Contractor’s Qualification and Financial Information

II.B.

Price Proposal

II.B.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.

II.B.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.B.3

Prompt Payment Discount

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

II.C.

Technical Proposal

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

II.C.1

It is the intent of the Government, in accordance with FAR Part 15.3, to make an award to the responsible contractor whose offer conforms to the solicitation and is most advantageous to the Government cost or price and technical factors listed in the solicitation considered. For this solicitation, the combined weight of the technical evaluation factors is of equal importance to price. The award may be made without negotiation of proposals; therefore, offerors will be requested to submit initial proposals to the Government on the most favorable terms from a technical and price standpoint. The factors to be utilized are:

1. Past Performance

2. Relevant Corporate Experience

3. Key Personnel

4. Small & Disadvantaged Business Participation Plan

Technical Proposal

The Government will evaluate technical proposals based on the following evaluation criteria (listed in descending order of importance):

1. Past performance. (Defined as the quality of services rendered in performing prior projects) (Weighted 40%)

2. Overall Corporate Experience. (Defined as the breadth, depth, and relevance of the offeror’s experience in performing similar projects to the current solicitation) (Weighted 40%)

3. Key Personnel. (Defined as the quality of experience of the project team) (Weighted 15%)

4. Small Disadvantaged Business Participation Plan (Weighted 5%) The evaluation factors selected were based on GSA internal experience in acquiring similar services in the past. For past performance, experience with existing and/or prior projects submitted by the offerors will be examined for quality of past performance in terms of timeliness, cost control, quality of product and project management.

For the purpose of this Source Selection by GSA’s Source Selection Evaluation Board (SSEB), % weights will be given to the technical factors in conjunction with price to select the Offer who provides the best value to the Government.

The technical evaluation factors shall be evaluated as follows:

1.)

Past Performance Past Performance was deemed to be a critical element in evaluation of proposals. The SSB determined that the evidence of successful past performance is vital for the success of this project. Therefore, Offeror’s will be required to provide references for all projects worked on in the 3 preceding years (October 1, 2007-2010); as well as the name and phone number of the owner’s representative who may be contacted by GSA for phone interview of the contractor’s past performance. Offerors are cautioned that the owner’s representative listed in the proposal must be an individual with the owner organization who has worked closest with the Offeror in completing the project. If such person is no longer available at the organization where the project was completed, provide the name and phone # of the person who has the most knowledge of the offeror’s work performance with the project.

The Government will attempt to contact a minimum of 3 of the offerors’ submitted references for past projects. Offerors without any previous projects for similar work or that cannot be contacted will be given a neutral rating for overall corporate experience.

Letters of commendation or appreciation from owners of the offeror’s submitted projects, although not required, would be favorably evaluated if included. The Government may use past performance information obtained from sources other than those identified by the Offeror and such information will be used for both the responsibility determination and best value decision.

This is a matter of judgment and the total assessment will be used to evaluate past performance in connection with the requirement set forth in this solicitation. Relevance and quality have approximately equal importance in assessing past performance. Past performance information obtained from sources other than those identified by the Offeror may be used to determine a rating for past performance The offeror’s past performance will be evaluated based on the following categories:

Timeliness of Performance

Did the contractor complete the project on schedule?

To what extent did the contractor adhere to contract delivery schedules at significant milestones?

How responsive was the contractor in addressing unforeseen conditions?

Cost Control

Did the contractor submit reasonably priced change proposals?

How responsive was contractor in submitting proposals for owner initiated changes?

How reasonable were contractor initiated changes?

Quality Product

How well has the contractor complied with contract requirements?

Did they conform to standards of good workmanship?

Does the contractor have the ability to adapt to changing requirements while maintaining a desired level of quality?

Project Management

How well did the contractor work with the owner and the owner’s technical representatives?

Was the contractor cooperative, businesslike, and concerned with the interests of project related third party entities (i.e. end users)?

Did the contractor maintain a consistent on site management/project team throughout the duration of the project?

Minimum standards: The minimum standard for past performance is met when the offerors’ submission of past projects reflects overall satisfactory past performance. The minimum standard will have been met if no more than one project submitted by the offeror is deemed less than satisfactory by the SSB in the above noted elements

2. Overall Corporate Experience/A similar project is defined as: renovation or restoration of an occupied commercial, industrial or governmental building including one or more of the following work items: mechanical, plumbing, drywall, HVAC, stonework, electrical work, window installation, painting, carpet installation, environmental sustainability, plaster work, and overall general construction experience.

Information to be provided by Offeror:

Each Offeror is to provide a list of all projects completed within the last three (3) years of the date of this solicitation. (October 1, 2007-2010) Offerors without any previous projects for similar work or that cannot be contacted will be given a neutral rating for overall corporate experience.

For each project, offerors will be required to provide a detailed description of the past projects identifying scope and similarities to the current government project.

For this solicitation, the owner organization is defined as the corporation, partnership, or government entity that has fee title to the building in which the project was performed. For this solicitation, the owner organization may also be defined as a construction management firm or project management firm under direct contract with the corporation, partnership or government entity to perform a project support role and to act as the owner representative for the project in question. The general contractor or other firms under contract with the general contractor for the project do not qualify, under this solicitation, as the owner organization.

For each project submitted for evaluation, offerors will be required to provide the following information:

Name, date, location of the project, and contract number (b) Description of Work (b) Construction Value (b) Duration of the work (b) Name and Phone # of the client’s contact person, a primary contract and a secondary contact (at least one contact must be owner) (p) Gross square feet/meters of project area (b) Month & year when the construction was substantially completed or estimated completion date if not completed. (b)

Experience in the construction/renovation of an occupied space. (e)

Whether work performed was as prime or sub contractor (e)

Actual work the firm performed under the scope of work (b)

*Special Note*: (“b”=utilized for both past performance and corporate experience evaluation; “p”=utilized for past performance evaluation; “e”=utilized for corporate experience evaluation)

If the team is proposing as a joint venture, the team will be required to discuss if the Joint Venture has experience working together in the past. If the joint venture has not worked together in the past, the members of the team will be required to discuss their joint venture experience in the past, including which firm was the lead firm. Firms must also identify who will be the lead on this project. If a team is proposed as a joint venture, the team will be required to provide a copy of the joint venture agreement.

Minimum standards: The minimum standard for overall corporate experience is met when the offeror submits at least one project of similar size and scope to the current solicitation as defined in the RFP.

3. Key Personnel/defined as the quality of experience of the proposed project team.

Offerors shall identify the Project Manager and Superintendent for the proposed project. A complete resume is required for each team member . The resume shall include any professional qualifications, specialized experience in this type of work, and list of projects demonstrating the experience that the Key Personnel have on similar projects to this one. Contractors are required to provide a paragraph detailing previous experience the proposed Project Manager and Superintendent may have working on similar projects.

The proposed Project Manager and Superintendent will be evaluated based on GSA's evaluation concerning the qualifications and experience of the proposed staff with similar roles and project experience as proposed on this project.

The following individuals are designated as Key Personnel under this contract:

· Project Manager

· Project Superintendent

A. Key Personnel

For each project team member the minimum standards are defined as:

Project Manager

· General Information: Offerors shall designate one (1) individual to act as the Project Manager for this project. Such individual will be the central point of contact for managing and coordinating all work performed under this contract. It is required that all submissions to the government required by the contract for the project shall be routed through and reviewed by this individual. This individual shall have full authority to bind the successful offeror on all issues or actions related to the project.

· Experience/Qualification Requirements for the Project Manager: One individual with experience managing projects that are similar to those projects defined under Factors 1& 2, Relevant Past Performance/Corporate Experience.

o Project Superintendent

· Experience/Qualification Requirements for the Project Superintendent: One individual with experience as a project superintendent on projects that are similar to those projects defined under Factors 1&2, Relevant Past Performance/Corporate Experience.

Note 1: The qualifications of individuals identified as key personnel will be reviewed during proposal evaluation and incorporated into the contract at the time of award. Consequently, these key personnel must be maintained during the pendency of the contract. After award, requests for substitution of such personnel must be submitted to the Contracting Officer for review and approval. The Contractor shall provide the same information as required by this solicitation for all proposed substitutes, and any additional information requested by the Contracting Officer. The qualifications of the individual(s) offered as a substitute must be similar to the experience and qualifications of the key personnel previously incorporated into the awarded contract. In addition, an explanation of the necessity for the change shall accompany the request for substitution. No substitution shall be made without prior written approval by the Contracting Officer. Note that no increase in the contract price will be made as a result of substitution of Key personnel.

4. Small And Disadvantaged Business Participation The extent of participation of Small Disadvantaged Business (SDB) concerns in the performance of construction contracts expected to exceed $1,000,000 is a FAR 19.202-2 requirement for all solicitation issued on an unrestricted basis. As this project meets the FAR requirement, this factor measures the extent to which the offeror will utilize small disadvantaged business concerns in the performance of the contract. The proposal will be evaluated on the extent to which SDB firms are specifically identified and the extent of planned participation of SDB concerns in terms of the value of the total acquisition. SDB concerns, and the work they are to perform, shall be specifically identified in the offer.

Minimum Standard: The minimum standard for the project is met when the Small Disadvantaged Business Participation factor is identified according to the criteria set forth, including the SDB firms and the extent of work to be performed.

A. Commitment to Small Business Concerns: GSA is committed to providing to the maximum extent practicable for these socio-economic businesses to receive federal contracting opportunities. This factor is designed to ensure that this GSA commitment is brought to the attention of the prospective offerors. This factor measures the extent to which the offeror will perform contract requirements utilizing small business concerns in the NAICS Code 236220. This portion of the proposal will be evaluated on the extent of planned participation of small business concerns in terms of the value of the total acquisition. Small Business Concerns may perform work with their own forces or subcontract work to other small businesses to demonstrate their commitment to small business. Offerors will also be evaluated on their proposed outreach efforts that will be taken to assure their commitment to small business.

Submission Requirement: Offerors shall submit a Subcontracting Commitment Goals and Outreach Efforts Plan, with their proposal.

B. Commitment to Equal Employment Opportunity for Construction: Federal Acquisition Regulation (FAR) Provision 52.222-23 — Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (Feb 1999) sets goals for minority and female participation for the Contractor's aggregate work force in each trade on all construction work. For this project, the goals are as follows:

Goals for Minority Participation for Each Trade: 6.3% Goals for Female Participation for Each Trade: 6.9%

Submission Requirement: In narrative format, describe the efforts that will be taken to meet these goals for minority and female participation in construction trade work.

B.

Price:

In accordance with FAR 15.304 (c) (1), Price or cost to the Government shall be evaluated in every source selection (10 U.S.C. 2305(a)(3)(A)(ii) and 41 U.S.C. 253a(c)(1)(B)). Cost or price will not be assigned a numerical weight or point score.

For award purposes, prices will be evaluated based on the total estimated construction cost of the contract including options. In accordance with FAR 15.305, FAR 15.404, and FAR 15.405, price and/or cost analysis will be used to determine price reasonableness and the offeror’s understanding of the work and ability to perform the contract.

For this solicitation, the technical evaluation factors are of equal importance to price. The approach to the source selection for this procurement will be pursuant to the best value concept. The objective is to select the proposal that offers the best value for the funds expended, not necessarily the lowest price. As the selection of a firm will be based on the best value concept, GSA may pay more for demonstrated technical experience.

PROPOSAL EVALUATION:

Technical proposals will be evaluated and rated, using adjectival ratings, based on the evaluation criteria established in the solicitation as detailed in this Plan. Price proposals will also be evaluated based on the pricing formula detailed in the solicitation. The proposals considered within the competitive range in terms of their rating and price will further be evaluated in accordance with the best value concept.

II.D.

Other Information to be Submitted with Proposal

II.D.1

Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database. Offerors shall also submit with their proposal the Annual Representations and Certifications (FAR 52.204-8) using file C301 attached to this Solicitation.

II.D.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.

II.E.

Requirements for Joint Venture Offerors

II.E.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.

II.E.2

An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer.

II.E.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.

II.E.4

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

III.

Solicitation Provisions

III.A.

General Provisions

III.A.1

Availability of Funds

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

III.A.2

Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.A.3

Notice to Small Business Firms

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

III.A.4

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.A.5

Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

III.A.6

Notice Concerning Preparation of 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.A.7

Vendor Past Performance System

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

III.A.8

Safeguarding Documents Designated as Sensitive But Unclassified

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

III.B.

FAR/GSAR Solicitation Provisions

III.B.1

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 (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 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 informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (f)(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) 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.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

III.B.2

FAR 52.211-1. Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29. (AUG 98)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

III.B.3

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

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

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

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

III.B.4

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

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

III.B.5

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

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

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

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

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

III.B.6

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

(Applicable to solicitations resulting in construction contracts in excess of $10,000.)

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

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

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

6.9%.

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

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

Pennsylvania, Allegheny County, Pittsburgh.

III.B.7

FAR 52.233-2. Service of Protest (SEP 06)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in Paragraph I.D.

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

III.B.8

FAR 52.252-1. Solicitation Provisions…