C201_Negotiated.pdf

C201 03.03.10 Page 1 of 22

Construction Contract for American Recovery and Reinvestment Act (ARRA) Historical Window Restoration Project at the Nealon Courthouse and Federal Building in Scranton, PA

GSA Solicitation No. GS-03P-10-CDC-0040

C201 03/10

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

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

III. Solicitation Provisions

GSA Solicitation No. GS-03P-10-CDC-0040

C201 03.03.10 Page 2 of 22

A. General Provisions B. FAR/GSAR Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions

A. Buy American Act B. Buy American Exceptions C. Small Business Subcontracting Plan D. American Recovery and Reinvestment Act of 2009 E. Additional Provisions

V. Method of Award

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

C201 03.03.10 Page 3 of 22

I. General Information

I.A.The Solicitation and Contract

I.A.1. This 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.C.Authorized Representatives

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

I.C.1. Contracting Officer

Name: Mr. Jim Morris Address: 20 N. 8 th Street, 8 th floor, Philadelphia, PA 19107

Telephone: (215) 446-4581 Email: Jim.Morris@gsa.gov

I.C.2. Alternate Point of Contact

Name: Ms. Katelyn A. McCullough Address: 20 N. 8 th Street, 8 th floor, Philadelphia, PA 19107

Telephone: (215)446-5734 Email: Katelyn.McCullough@gsa.gov

C201 03.03.10 Page 4 of 22

I.D.Pre-Proposal Conference

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

Date: Monday, April 19, 2010 Time: 11:00 a.m.

Location: William J. Nealon Federal Building and Courthouse, Scranton, PA See posting for additional information

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 $1,000,000.00 and $ 5,000,000.00 .

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

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

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

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

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

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

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

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

C201 03.03.10 Page 5 of 22

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 visits will be conducted by appointment only at the times and dates specified by the point of contact shown below. To arrange for a site visit, contact:

Name: Ms. Katelyn A. McCullough Address: 20 N. 8th Street, 8th floor, Philadelphia, PA 19107

Telephone: (215) 446-5734 Email: Katelyn.McCullough@gsa.gov

I.H.Receipt of Offers

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

Date: May 10, 2010 Address: 20 N. 8th Street, 8th floor, Philadelphia, PA 19107

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

C201 03.03.10 Page 6 of 22

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.B.4. Additional Price Proposal Requirements Submit the original and one (1) copy of the Price Proposal and the original and two (2) 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) Representations and Certifications

3) Bid Guarantee, using Standard Form 24

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

II.C. Technical Proposal

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

Factor # 1 Past Performance Past Performance is being used as an evaluation factor against which offerors’ relative ranking will be compared. The SSEB may also consider any information obtained from past performance evaluations currently on file as part of their overall evaluation of this factor.

The following past performance information must be submitted:

Each offeror must provide a list of projects completed within the past five years that demonstrates the firm’s experience working on a Historic Window Restoration project with a construction valued at greater than or equal to $500,000.00. At least one of the projects submitted must include construction work in an occupied office facility.

C201 03.03.10 Page 7 of 22

It is recommended that each offeror submit ALL experience within the past five years listed in order of relevance. GSA will review a minimum of three projects. The projects reviewed will be at the discretion of the SSEB.

Offerors providing projects that exceed the stated requirements in terms of size and complexity may receive a higher rating and offerors providing projects below the stated requirements in terms of size and complexity may receive a lower rating.

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

- Up to date contact information of the property owner, including name, telephone number, email address and mailing address

- Name and location of the project

- Description of the Work

- Date of award and date of final completion

- Construction cost at award

- Construction cost at completion

- Any special features of the project

*GSA reserves the right to contact references. The following questions may be asked to use as evaluation of performance:

- Would you work with this firm again on another similar project?

- Provide a description of the scope of work of the referenced project.

- Was the construction completed in an occupied facility?

- Was the contractor successful in limiting disruptions to occupants?

- Was the project completely in a timely manner?

- Was the contractor cooperative with the owner in helping to limit change order costs for the project?

- Was the project completed with the desired level of quality?

- Would you consider the overall project successful in terms of quality, schedule and budget? Please explain.

Minimum Standard The minimum standard is met when the following conditions are satisfied:

a) The past performance on comparable contracts was satisfactory or better. In order to be considered satisfactory, the offeror must have completed the work in accordance with all contract requirements.

b) The contractor has experience working on one historic window restoration project with a construction valued at greater than or equal to $500,000.00 in an occupied office facility.

Factor #2 Key Personnel For this procurement, Key Personnel is defined as the individual serving the role of the Project Manager and the individual serving the role of the Superintendent. This factor considers the education, training, qualifications, past performance and experience relative to the tasks they will be performing. Contractors will be requested to include any professional qualifications, specialized experience in this type of work, and the technical competence of the staff on similar projects. Each proposed team member will be evaluated based on GSA’s evaluation concerning the qualifications and experience to the proposed staff with similar roles and project experience as proposed on this project.

C201 03.03.10 Page 8 of 22

Resumes and qualifications of the individual serving the role of the Project Manager shall be submitted demonstrating experience of 3 projects exceeding $500,000 within the past 10 years, 1 of which was working on a historic window restoration project. The resume must clearly identify the name of the individual serving in the role of Project Manager.

Resumes and qualifications of the individual serving the role of Superintendent shall be submitted demonstrating experience of 3 projects within the past 10 years exceeding $500,000, 1 of which was working on a historic restoration project. The resume must clearly identify the name of the individual serving in the role of Superintendent.

For each proposed individual, the offeror shall provide two professional references, including the following information:

- Viable point of contact, email address and phone number

- Name, date and location of project experience referenced

- Description of the work

- Construction Value

- Title the individual held under the project

* GSA reserves the right to contact references. The following questions may be asked to use as evaluation of performance:

- What project did you work on with the person in question?

- What title and role did the person in question have on the project?

- How would you rate their performance?

- Were their any issues with their performance? If so, were performance issues addressed?

- Would you work with the person again?

Minimum Standard The minimum standard is met when the Key Personnel resumes and qualifications for each discipline reflect at least one project within the past 10 years exceeding $500,000 on a historic window restoration project.

Factor #3 Small 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 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.

C201 03.03.10 Page 9 of 22

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

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

C201 03.03.10 Page 10 of 22 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.

C201 03.03.10 Page 11 of 22

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

C201 03.03.10 Page 12 of 22

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.

C201 03.03.10 Page 13 of 22

(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.

C201 03.03.10 Page 14 of 22

(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)

C201 03.03.10 Page 15 of 22

(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:

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

0.6 %. 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

C201 03.03.10 Page 16 of 22

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:

Scranton, PA Lackawanna County

III.B.7. FAR 52.233-2. Service of Protest (SEP 06)

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

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

III.B.8. FAR 52.252-1. Solicitation Provisions Incorporated by Reference (FEB 98)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting

C201 03.03.10 Page 17 of 22

Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

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

NUMBER TITLE DATE

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 07

52.204-5 Women-Owned Business (Other Than Small Business) MAY 99

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

52.215-16 Facilities Capital Cost of Money JUN 03

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

JUL 05

52.222-38 Compliance with Veterans’ Employment Reporting Requirements DEC 01

52.223-1 Biobased Product Certification DEC 07

52.223-4 Recovered Material Certification MAY 08

52.225-13 Restrictions on Certain Foreign Purchases JUN 08

52.236-28 Preparation of Proposals—Construction OCT 97

IV. Buy American and Additional Solicitation Provisions

IV.A. Buy American

52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials (MAR 2009).

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

C201 03.03.10 Page 18 of 22

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) f the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

IV.B. Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Provision of this Solicitation, the following construction materials and components are excepted:

None

IV.C. Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is required to be submitted with offers.

GSAR 552.219-72, Preparation, Submission, and Negotiation of Subcontracting Plans (JUNE 2005)

IV.D. American Recovery and Reinvestment Act of 2009

IV.D.1. This Contract is funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (ARRA).

IV.D.2. The extent of ARRA coverage is set forth in Paragraph I.F. of the Agreement.

C201 03.03.10 Page 19 of 22

IV.E. Additional Solicitation Provisions

A. Debriefing – Hours of Operation

SUBMISSION OF REQUESTS FOR DEBRIEFINGS - GSA’S HOURS OF OPERATION.

GSA’s hours of operation are 8:00 AM to 4:30 PM. Requests for preaward debriefings postmarked or otherwise submitted after 4:30 PM will be considered submitted the following business day. Requests for postaward debriefings delivered after 4:30 PM will be considered received and filed the following business day.

1. FAR 52.217-5, Evaluation of Options (JULY 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

2. 552.217-71 Notice Regarding Option(s) (NOV 1992) The General Services Administration (GSA) has included an option to [Insert “purchase additional quantities of supplies or services” or “extend the term of this contract” or “purchase additional quantities of supplies or services and to extend the term of this contract”] in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.

C. Source Selection Criteria for SDB Participation:

1. FAR 52.219-24 - SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM -

TARGETS (OCT 2000)

(a) This solicitation contains a source selection factor or subfactor related to the participation of small disadvantaged business (SDB) concerns in the contract. Credit under that evaluation factor or subfactor is not available to an SDB concern that qualifies for a price evaluation adjustment under the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, unless the SDB concern specifically waives the price evaluation adjustment.

(b) In order to receive credit under the source selection factor or subfactor, the offeror must provide, with its offer, targets, expressed in dollars and percentages of total contract value, for SDB participation in any of the North American Industry Classification System (NAICS) Industry Subsectors as determined by the Department of Commerce. The targets may provide for participation by a prime contractor, joint venture partner, teaming arrangement member, or subcontractor; however the targets for subcontractors must be listed separately. (End of Provision)

Note: Regarding paragraph (a) above: GSA does not have the authority to implement Price Evaluation Adjustments for Small Disadvantaged Business Concerns.

2. FAR 52.219-25 - SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM -

DISADVANTAGED STATUS AND REPORTING (APR 2008)

(a) Disadvantaged status for joint venture partners, team members, and subcontractors. This clause addresses disadvantaged status for joint venture partners, teaming arrangement members, and subcontractors and is applicable if this contract contains small disadvantaged business (SDB) participation targets. The Contractor shall obtain representations of small disadvantaged status from joint venture partners, teaming arrangement members, and subcontractors through use of a provision substantially the same as paragraph (b)(1)(i) of the provision at FAR 52.219-22, Small Disadvantaged Business Status. The Contractor shall confirm that a joint venture partner, team member, or

C201 03.03.10 Page 20 of 22 subcontractor representing itself as a small disadvantaged business concern is a…