C201-Solicitation GS-03P-12-AZ-D-0023.pdf

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Construction Contract for Indefinite Delivery/Indefinite Quantity Multiple Award Large Project Construction Term Contracts – Pennsylvania and Ohio County in West Virginia

GSA Solicitation No. GS-03P-12-AZ-D-0023

C201-SB 11/11

Notice to Offerors of Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

52.219-6, Notice of Total Small Business Set-Aside

Table of Contents

I. General Information

A. The Solicitation and the Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee G. FAR 52.236-27 Site Visit - Construction H. Receipt of Offers

II. Proposals

A. 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

A. General Provisions B. FAR/GSAR Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions

A. Buy American Act B. Buy American Exceptions

GSA Solicitation No. GS-03P-12-AZ-D-0023

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C. Additional Provisions

V. Method of Award

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

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I General Information

I.A The Solicitation and Contract

I.A.1 This Solicitation is set-aside for Small Businesses, in accordance with FAR 19. 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:

1. The Solicitation

2. Offeror Representations and Certifications Form (C301)

3. Other Forms Required For Submission with Proposals

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

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: Michelle Donnelly Address: GSA Mid-Atlantic Region (3PQCK), 20 N. 8th Street, Philadelphia, PA 19107

Telephone: (215) 446-4498 Email: Michelle.donnelly@gsa.gov

I.C.2 Alternate Point of Contact

Name: Jim Morris Address: GSA Mid-Atlantic Region (3PQCK), 20 N. 8th Street, Philadelphia, PA 19107

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

I.D Pre-Proposal Conference

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

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Date: Tuesday, March 20, 2012 Time: 1:00 PM Eastern Time

Location: GSA Mid-Atlantic Region, 20 N. 8th Street, Philadelphia, PA Washington Square Conference Room on 9th Floor

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 $150,000 and $2,700,000 per task order .

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.

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I.H Receipt of Offers

I.H.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 2:00 pm on the following date and at the following address:

Date: April 10, 2012 Address: GSA Mid-Atlantic Region (3PQCK)

20 N. 8th Street, 9th Floor Philadelphia, PA 19107 Attn. Mr. James A. Morris

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

I.H.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:

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications (C301)

4. Bid Guarantee, using Standard Form 24

5. GSA Form 527 – Contractor’s Qualification and Financial Information

6. Other Documents as Required

Submit the original and two (2) copies of the Price Proposal and the original and four (4) 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 (on the SF 1442)

3) Representations and Certifications, using the C301

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

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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 Additional Price Proposal Requirements

Although the intention of the Government is to compete each task order among all awardees, the Government reserves the right to award task orders based on the proposed line item pricing during the initial performance period. Therefore, all offerors must pay particular attention to the unit prices proposed based on the estimated quantities provided.

Special Pricing Conditions for IDIQ Contracts:

1. PRICE PROPOSALS: Each Offeror must submit a Cost Structure as listed in the Continuation Sheet to the Standard Form 1442 and must completely provide all information as requested on this document. The rates offered by the contractor may be negotiated during the source selection process. If awarded a contract under this solicitation, the negotiated rates will be accepted by the government as NOT TO EXCEED RATES to be used in pricing future projects/modifications for the contract. The rates requested are intended for use in situations where the Government and awardee are conducting sole source negotiations for the price of project work. Sole source negotiations may occur when pricing modifications to an awarded order, or when the Government uses the authority to enter into sole source negotiations for a new order as detailed in Paragraph titled “Method of Placement of Orders Under Multiple Award Contracts” in the Agreement. The intent of this contract is to compete RFP's for each project among the awardees, and in situations where adequate price competition is available, the Government will generally not request a price breakdown. Rather, GSA envisions that most project proposals will be submitted on a lump sum basis and the offerors shall include all mark-ups related to that project and all proposed preparation costs within that lump sum price. While some circumstances may arise in which a price breakdown is required for a specific RFP, it is the Government's intent to use the not-to exceed mark-up rates requested only in situations where GSA and the offeror/awardee are negotiating a price in a sole source environment.

For award purposes, the proposed cost structure as requested in the RFP will be evaluated based on a comparison of the proposed total cost structure for each of the elements listed with similar rates paid by GSA on previous projects. Cost analysis will be performed on the proposed rates that will be used in determining reasonableness and probable cost of future projects, and the offeror's understanding of the work and ability to perform the contract.

2. BID GUARANTEES AND PERFORMANCE BONDS

a. The solicitation shall require the submission of a bid guarantee. The bid guarantee shall be twenty (20) percent of the total evaluated price for the base year (Line Items 0001 through 0038).

b. Prior to commencement of work on an awarded task order, the contractor will be required to provide Performance and Payment Bonds or alternate payment protection, as follows:

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(1) Orders under $30,000: No additional protection required

(2) Orders over $30,000 but under $150,000: Alternate payment protection in accordance with FAR 52.228-13, Alternative Payment Protections

(3) Orders over $150,000: Performance Bond: 100% of the awarded delivery order amount.

Payment Bond: 100% of the awarded delivery order amount.

c. When additional bonding is required, the provisions of FAR 28.102-2(b)(1) and FAR 28.102- 2(b)(2) shall apply.

II.C Technical Proposal

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

Information to be provided by Offeror:

Each Offeror is to provide a list of 5 (five) relevant projects completed within the last (3) years from the date of this solicitation (2009-2012).

NOTE: Offerors must submit 5 (five) previous projects – no more, no less – on which they will be evaluated for both Factor #1, Past Performance on Relevant Projects, and Factor #2, Overall Corporate Experience. Any offeror submitting more than five previous projects will result in only the first five projects, chronologically, being considered. Any subsequent projects will not be considered.

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

a. Name and location of the project.

b. A detailed description of the project.

c. Project start and completion dates.

d. Construction cost at award and the final construction cost at construction completion.

e. A narrative description of the amount and type of work the firm performed with in-house forces and the percentage of the work that was accomplished by subcontractors.

f. Whether the contractor served as prime or subcontractor on the project.

g. A list providing the number of other projects and their dollar values, and a brief description of the projects which were running concurrently.

h. An explanation of Project Management techniques and Quality Control measures that were used on the project.

i. Construction value.

j. Name and Phone number of the client’s contact person, a primary contract and a secondary contact (at least one contact must be owner)

II.C.1 Past Performance on Relevant Projects

This factor will measure the quality of the offeror’s collective experience in performing projects similar in size, scope and complexity to the one described in the solicitation. The quality of both

C201-SB 11/11 Page 8 of 23 design and construction efforts associated with past projects will be evaluated. The relevance of the projects submitted will also be a consideration under this factor. Projects deemed to not be relevant to this procurement cannot be evaluated for past performance.

Letters of commendation or appreciation from owners of the offeror’s submitted projects, although not required, would be favorably evaluated if included.

Note:

1) It is the contractors responsibility to ensure that their references have completed the

Owner Reference / Evaluation and to ensure that the form is submitted to GSA by the proposal due date. GSA will not attempt to locate references that are not submitted by the owner.

2) GSA may contact any/all references submitted by the offeror. An owner is defined as a reference that is submitted by a building owner/developer or anyone who was hired by the building owner/developer to represent them during a project such as a construction manager or architect/engineering firm.

Past performance will be evaluated by the Board members by reviewing the Owner Evaluations / References and discussing the offeror’s performance on the listed projects as well as any knowledge of past performance on other projects. The offeror’s past performance will be evaluated based on the following categories:

a. 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?

b. 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?

c. 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?

d. Project Management

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

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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?

*In addition to any information contained in the offeror’s proposal, the Government may consider information obtained through interviews with the offeror’s customers, and/or building owner or representatives. The Government may also consider the past performance of the offeror or its team members on any other projects within the past (7) years of which the Government has knowledge.

II.C.2 Overall Corporate Experience

This factor will measure the number of opportunities the offeror has had to learn by performing work. The Government will examine the breadth, depth and relevance of prior experience in performing projects similar in size, scope and complexity to the one described in the solicitation.

Prior experience in construction will be evaluated. Relevant projects would be those projects performed, as prime contractor or subcontractor, in fully occupied office space facilities involving the firm’s general construction repair and alteration experience. The team will be required to demonstrate the experience of the firm in handling multiple projects simultaneously. Projects may include both governmental and private contracts. Offerors with previous experience in IDIQ Construction Contracts may submit that experience. One IDIQ Contract (not an individual order) equates to one previous project.

This factor will be evaluated based upon the written response to the RFP by the Offeror and the past experience demonstrated by the presented projects.

II.C.3 Management Plan

Offerors must, in narrative form, describe their methodology for managing the IDIQ contract.

Specifically, they must identify, and provide a resume for, a primary contract manager, and a detailed description of the plan/approach, demonstrating sound means and methods, to ensure organizational management for the processing of task orders to provide timely quality service without disruption to tenant occupied building functions. A successful management plan will demonstrate the offeror’s ability to satisfactorily manage multiple relevant projects simultaneously.

The Contract Manager shall be a central point of responsibility, tasked with serving as an overall manager of ongoing projects responsible to GSA for scheduling/coordinating all project deliverables. This individual should not be an on-site manager, but someone with administrative oversight responsibilities, typically based in the firm’s home or corporate office.

Complete resumes shall be provided for the primary Contract Manager proposed to work on this project, listing their education, training, qualifications and experience relative to the tasks they will be performing. Professional qualifications, specialized experience in this type of work and the demonstrated technical competence of the staff on similar projects will also be requested.

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This demonstrated competence will take the form of specific project accomplishments, length of service in a particular discipline, and other specifiable or identifiable elements and duties.

The individual’s resume shall be limited to two double sided pages. If more than two double side pages are provided for an individual, only the information on the first two double sided pages will be considered. The Government reserves the right to conduct interviews with the proposed Contract Manager.

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.

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

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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

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

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

(b) Architect Engineer Contract Administration Support System (ACASS): Used to create past performance evaluations on A/E procurements; and

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

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

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

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

After the contracting officer prepares and releases a contract evaluation, the contractor will receive an email alerting them the evaluation is ready for their review and comment. The contractor will have 30 days to respond to the evaluation. GSA shall provide for review at a level above the contracting officer (e.g., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

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

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

III.A.8 Safeguarding Documents Designated as Sensitive But Unclassified

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

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“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

C201-SB 11/11 Page 14 of 23 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, C201-SB 11/11 Page 15 of 23 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.

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

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

III.B.3 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.4 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: Minority Goals for this solicitation vary by locality of the work performed, as follows:

Pennsylvania:

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013 Scranton - Wilkes-Barre, PA:

SMSA Counties

5745 Northeast Pennsylvania 0.6 PA Lackawanna; PA Luzerne; PA Monroe.

Non-SMSA Counties 0.5 PA Columbia; PA Wayne; PA Wyoming.

014 Williamsport, PA:

SMSA Counties

9140 Williamsport, PA 1.0 PA Lycoming.

Non-SMSA Counties 0.7 PA Cameron; PA Centre; PA Clearfield; PA Clinton; PA Elk; PA Jefferson; PA Montour; PA Northumberland; PA Snyder; PA Sullivan; PA Union.

015 Erie, PA:

SMSA Counties:

2360 Erie, PA 2.8 PA Erie.

Non-SMSA Counties 1.8 PA Clarion; PA Crawford; PA Forest; PA Venango; PA Warren.

016 Pittsburgh, PA:

SMSA Counties

0280 Altoona, PA 1.0 PA Blair.

3680 Johnson, PA 1.3 PA Cambria; PA Somerset.

6280 Pittsburgh, PA 6.3 PA Allegheny; PA Beaver; PA Washington; PA Westmoreland.

Non-SMSA Counties 4.8 MD Allegany; MD Garrett; PA Armstrong; PA Bedford; PA Butler; PA Fayette; PA Greene; PA Indiana; WV Mineral.

017 Harrisburg - York - Lancaster, PA:

SMSA Counties

3240 Harrisburg PA 6.2 PA Cumberland; PA Dauphin; PA Perry.

4000 Lancaster, PA 2.0 PA Lancaster.

9280 York, PA 2.2 PA Adams; PA York.

Non-SMSA-Counties 3.1 PA Franklin; PA Fulton; PA Huntingdon; PA Juniata; PA Lebanon; PA Mifflin.

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

*%. 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

C201-SB 11/11 Page 18 of 23 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:

The entire state of Pennsylvania with the EXCEPTION OF THE FOLLOWING COUNTIES:

Philadelphia, Bucks, Chester, Delaware, Montgomery. In addition, the covered area includes Ohio County in West Virginia.

III.B.5 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.6 FAR 52.252-1. Solicitation Provisions Incorporated by Reference (FEB 98)

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This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

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

NUMBER TITLE DATE

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

52.215-16 Facilities Capital Cost of Money JUN 03

52.236-28 Preparation of Proposals—Construction OCT 97

IV Buy American and Additional Solicitation Provisions

IV.A Buy American

52.225-12 Notice of Buy American Act Requirement—Construction Materials under Trade

Agreements (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act—Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of 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 FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of 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.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy

American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

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

(d) Alternate offers.

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(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate…