C201-SB.pdf

GSA Solicitation No. GS-03-P-16-AZ-C-7026

Document: C201-SB / JAN 2016 (The Solicitation) Pages 1 of 26

Construction Contract for MATSSC Security Project

The Solicitation

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

II. Proposals A. Proposal Contents B. Proposal Format

C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal F. Requirements for Joint Venture Offerors

(The Solicitation) Pages 2 of 26

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Information H. Safeguarding Documents Designated as Sensitive But Unclassified I. Additional Security Requirements

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American G. Buy American Exceptions H. Special 8(a) Requirements I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. GSAR 552.102 Incorporating Provisions and Clauses by Reference

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

Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 B. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions C. Additional Provisions

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

(The Solicitation) Pages 3 of 26

I. General Information

I.A. The Solicitation and Contract

(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.

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

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

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Other Forms Required For Submission with Proposals

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

(5) The Agreement and Attachments to the Agreement

(6) GSA Form 527

(7) Bid Bond

I.C. Authorized Representatives

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

(1) Contracting Officer

Name: James A. Morris Address: 100 S Independence Mall W, Philadelphia, PA 19106-2320

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

(The Solicitation) Pages 4 of 26

(2) Alternate Point of Contact

Name: Emily Acedo-Malaney Address: 100 S Independence Mall W, Philadelphia, PA 19106-2320

Telephone: (215) 446-4993 Email: emily.acedo-malaney@gsa.gov

I.D. Pre-Proposal Conference

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

Date: Wednesday, September 7, 2016 Time: 9-11am EST

Location: MATSSC Auditorium

[Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend.

To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.E. Estimated Price Range

The estimated price range for the Project is between $5 million and $10 million.

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.

(The Solicitation) Pages 5 of 26

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

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

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

(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: Paul McIntyre Address: 100 S Independence Mall W, Philadelphia, PA 19106-2320

Telephone: (215) 446-4712 Email: paul.mcintyre@gsa.gov

I.H. Receipt of Offers

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

Date: Wednesday, September 21, 2016 Address: jim.morris@gsa.gov

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

(3) Offers sent by United States Mail shall be deemed timely if delivered to the address of the 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

(The Solicitation) Pages 6 of 26

II.B. Proposal Format

Submit the original Price Proposal and the Technical Proposal, in pdf format, to the Contracting Officer at jim.morris@gsa.gov. The Price Proposal must be a separate electronic document 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 Pricing Sheet

3) Representations and Certifications (C301)

4) Bid Guarantee, using Standard Form 24

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

II.C. Price Proposal

(1) Contents

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

(2) Qualifications, Exclusions and Conditions

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

(3) Additional Price Proposal Requirements – Completed Pricing Sheet, including base price, unit prices, and total evaluated price.

II.D. Technical Proposal

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

Factor #1 – Relevant Past Performance on Similar Projects This factor considers the extent of the Offeror’s past experience, within the last five years, in carrying out similar work of the same/similar level of difficulty; and the quality of the Offeror’s past performance in carrying out the work considering issues such as timeliness and technical issues. The Offeror’s past performance and experience in similar projects, as described below, will be considered.

The evaluation of Past Performance on Similar Projects will be a subjective assessment based on a consideration of all relevant facts and circumstances. The Government is seeking to determine whether the Offeror has consistently demonstrated knowledge of and a commitment to customer satisfaction with timely delivery of services at fair and reasonable prices.

Note: Offerors are advised that the Government may use past performance information not specifically provided with the proposal in its technical evaluation of that offeror.

(The Solicitation) Pages 7 of 26

A. Experience on Similar Projects

Each Offeror shall provide a list of at least three (3) projects completed within the last five (5) years that demonstrate the company’s construction and management experience on similar projects in terms of complexity, size, and dollar value. Only owner references shall be provided.

An owner’s reference 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. GSA has defined similar project as:

Security System installation including CCTV, Card Access, Intrusion Detection System in an occupied building.

Projects including structural steel and curtain wall glazing systems Waterproofing repair projects

Offerors must submit a total of 3 distinct projects. Projects must be completed to be considered. If an offeror submits more than 3 projects, the evaluation board will only evaluate the first 3 projects. For each project, the Offeror will address the following:

Name and location of the project Offeror’s Role on this project i.e as a prime, subcontractor, member of a joint venture. If the experience was as a subcontractor, give the name, point of contact and telephone number of the prime contractor.

Date of completion Description of Work and similarities to this project Total Construction Costs Owner contact points including owner’s name, telephone number, address, and person(s) to contact Actual work performed by this firm under the overall scope of work.

Description of issues related to working in an occupied facility and phasing required Overall assessment of project success relative to the project’s baseline for scope, schedule and budget indicating how your firm positively affected the outcome, Photographs Award and Recognitions

This information should not exceed two pages, single sided, for each project submitted. Award and recognition letters, and photographs, are allowed to be submitted as separate attachments and are exclusive of the two page limitation.

For each project identified, please use the attached Offeror’s Past Performance Form, Appendix “A”.

(The Solicitation) Pages 8 of 26

If the Offeror is proposing as a joint venture, the team will be required to discuss if the Joint Venture has experience working together in the past. If the joint venture has worked together in the past, the members of the team will be required to discuss their joint venture experience in the past, including which firm was the lead firm. The Firm must also identify who will be the lead in the project. If a team is proposing as a joint venture, the team will be required to provide a copy of the joint venture agreement.

Appendix E will be used as a contact record. Additional references may be contacted.

Evaluators may consider performance on contracts that are not submitted by the Offeror if they have knowledge of contracts that are not listed, or if contracts not listed are discovered through interviews. The same basic questions will be asked on each reference contacted. Offerors are cautioned to submit accessible references. References that cannot be contacted and / or verified will not be considered.

B. Standard for Evaluation: Past Performance will be evaluated as follows:

1.) The degree to which the Offeror performed successfully on similar work as described in the solicitation under at least three contracts within the last five years. (Offeror must have performed work in an occupied facility.

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

3.) According to the references contacted, the timeliness on similar contracts was satisfactory or better. In order to be considered satisfactory, the offeror must have met all significant milestones, and completed all projects in a timely manner.

4.) The degree to which experience within the past five (5) years demonstrates that the Offeror routinely performs work of this type and scope. The Offeror must also demonstrate successful execution of similarly scoped and sized projects by listing at least three (3) previous projects with all pertinent facts of the listed projects. (The terms “similar projects” or “comparable projects” for purposes of evaluation under this Source Selection, are hereby defined as: A) projects involving the installation of a Security system of a similar or greater size, and complexity, and B) projects where no disruption of building operations were allowed during the work.

Factor #2 - Technical Approach/Project Management Plan

Provide a typewritten narrative describing your approach to the construction for this project. At a minimum, provide the following:

A. Project Planning/Coordination The offeror shall discuss in narrative format the following areas:

(The Solicitation) Pages 9 of 26

1. Basic Construction Approach to the general construction. Discuss how the phasing will not impact occupant operations. Please provide a brief narrative describing the team approach to planning and administering these multiple tasks. In the narrative provide:

Provide which portions of the scope of work you (the offeror) are going to perform and which portions of the scope of work will be subcontracted.

List any special project challenges that you foresee.

Describe what measures you intend to implement in order to minimize disruption of the occupied facility during construction operations.

Describe how you plan to coordinate the multiple tasks in order to meet the project requirements in the time frame allowed.

B. Schedule

The total project duration is 700 calendar days. Provide a bar chart schedule, defining all critical project components, that demonstrates how the Offeror will achieve the as-planned duration. Keep in mind that the building will be occupied during the total project duration. Additionally, identify the high-risk work items that may delay the project, what proactive measures can be taken to minimize the risk, and how GSA may assist the Offeror in meeting the schedule. The proposed schedule will be incorporated into the contract as part of the award.

C. Standard For Evaluation

Standard for Evaluation: Technical Approach/Project Management Plan will be evaluated as follows:

1.) The Offeror proposes a guaranteed completion date within the specified completion period.

The Offeror should submit a schedule in the form of a bar chart, line chart, or other suitable form, clearly defining the phases of the project.

2.) The Offeror demonstrates that all noise generating activities and all burning, welding activities, or especially odorus activities such as painting will be performed outside of normal working hours. Normal working hours are defined in the specification as 8:00 a.m. until 5:00 p.m, Monday Through Friday, excluding Federal Holidays.

3.) The Offeror demonstrates its understanding of the requirements by submitting a work plan that recognizes the need to minimize or eliminate disruption to normal operation of the building. The Offeror also demonstrates that they plan to mitigate the risks to the artwork as much as possible.

Factor #3 – Project Team/ Key Personnel

Offerors are requested to identify the construction project management staffing and other key personnel that will make up the project team for the proposed project. A complete resume is required for each team member utilizing the Personnel Resume Form attached, Appendix “B”.

Offerors are requested to include any professional qualifications, specialized experience in this type of work, and the technical competence of the staff on similar projects. A complete project list of previous similar project experience for each proposed team member is requested to

(The Solicitation) Pages 10 of 26 demonstrate that each of the proposed staffing meets the minimum experience levels shown below. Contractors are requested to provide details concerning any previous experience the proposed team may have working together on similar projects.

Each proposed team member will be evaluated based on GSA’s evaluation concerning the qualifications and experience of the proposed staff with similar roles and project experience as proposed on this project.

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

Project Manager Project Superintendent

Resumes shall be provided for each individual. Please utilize Appendix "B", Personnel Resume Form. You may reproduce locally as necessary.

A. Key Personnel

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

Project Manager General Information: Offerors shall designate one (1) individual to act as the Project

Manager for this project. Such individual will be the central point of contact for managing and coordinating all work performed under this contract. It is required that all submissions to the government required by the contract for the project shall be routed through and reviewed by this individual. This individual shall have full authority to bind the successful offeror on all issues or actions related to the project.

Experience/Qualification Requirements for the Project Manager: At least one individual with a minimum 4-year college degree (Bachelors of Architecture or Civil, Mechanical, Electrical or Fire Protection Engineering or Construction Management) and 10 years of construction experience, and, 5 years as a Project Manager and experience on at least 1 similar projects as defined under Factor 1, Relevant Past Performance/Corporate Experience.

Project Superintendent Experience/Qualification Requirements for the Project Superintendent: One individual with 10 years of construction experience and at least 2 years experience as a project superintendent and at least 1 similar project as defined under Factor 1, Relevant Past Performance/Corporate Experience.

Note 1: The indicated levels of experience cited above represent the minimum acceptable levels. Experience exceeding the minimum may be indicated. Experience, which does not meet the minimum, will result in either a “Marginal” or “Poor” rating for this factor. In addition, resumes of any other proposed individuals who the offeror feels are critical for the completion of this project may be submitted, using Appendix “B”, Personnel Resume Form.

(The Solicitation) Pages 11 of 26

Note 2: The qualifications of individuals identified as key personnel will be reviewed during proposal evaluation and incorporated into the contract at the time of award. Consequently, these key personnel must be maintained during the pendency of the contract. After award, requests for substitution of such personnel or must be submitted to the Contracting Officer for review and approval. The Contractor shall provide the same information as required by this solicitation for all proposed substitutes, and any additional information requested by the Contracting Officer. The qualifications of the individual(s) must be similar to the experience and qualifications of the key personnel/individual previously incorporated into the awarded contract.

In addition, an explanation of the necessity for the change shall accompany the request for substitution. No substitution shall be made without prior written approval by the Contracting Officer. Note that no increase in the contract price will be made as a result of substitution of Key personnel.

B. Standard for Evaluation: The standard is met when:

1.) The degree to which the resumes of key personnel reflect qualifications by education, experience, knowledge and skills to perform the work. Appropriate duties of each key individual should be clearly described in the proposal. The source of construction workers and Abatement Technicians should be outlined. The Project Manager/Coordinator’s resume should show that he/she has at least five (5) years in project management experience for renovations in commercial facilities, and has managed a project, or series of projects, of similar size and complexity.

2.) The degree to which the Offeror demonstrates sufficient resources to provide the work and services described in the solicitation.

3.) The degree to which the Offeror demonstrates organizational control of on-site personnel by the Project Superintendent. The degree to which the Offeror reflects the experience of the on site supervision with the Project Superintendent. The Project Superintendent shall have a minimum of 2 years experience as an onsite project supervisor in renovation projects of similar size and complexity.

Factor #4 – Artwork Protection Plan (10% weight)

Provide a typewritten narrative describing your approach to the protection of the lobby artwork during construction. At a minimum, provide the following:

A. Project Planning/Coordination The offeror shall discuss in narrative format the following areas:

2. Basic Construction Approach to the artwork protection. Show how you will minimize the risk of damage to the artwork while erecting the temporary protection. Discuss how the protection will be modified throughout the duration of the project to accomplish the work directly adjacent to it. Please provide a brief narrative describing the team approach to planning and administering these multiple tasks. In the narrative provide:

What team members will be tasked with constructing and monitoring the artwork.

List any special project challenges that you foresee.

(The Solicitation) Pages 12 of 26

Describe what measures you intend to implement in order to minimize the risks to the artwork.

Describe how you plan to coordinate the operation and monitoring of the artwork protection throughout the construction period.

Discuss Emergency Action Plan if something goes wrong with the artwork protection or the artwork environment or the artwork itself.

B. Standard For Evaluation

Standard for Evaluation: Artwork Protection Plan will be evaluated as follows:

1.) The Offeror proposes a team to construct, monitor, and maintain the artwork protection and the artwork that is an approved Fine Arts Professional as defined below:

Fine Arts Conservator Fine Arts Conservators in a specific area of expertise must have at a minimum a Master’s degree from an accredited university graduate program in conservation and a minimum of 5 years’ experience in their specialized field of fine art conservation. Also, the conservator must have a minimum of 10 years’ experience as a paintings conservator. The conservator must be able to produce through past projects the ability to perform the requirements of this scope.

Additionally, the conservator must have qualifications and experience equivalent to those required to be a Professional Associate (PA) or Fellow of the American Institute for the Conservation of Historic and Artistic Works (AIC). The AIC defines these categories of membership as follows:

Professional Associate:

Professional Associates (PAs) are conservators, conservation scientists, educators or others professionally involved in conservation that, through training, knowledge and experience, have shown a commitment to the purposes for which the AIC was established. The PA category was established in 1980. Effective January 1997, a conservator who has earned an undergraduate degree (or the international equivalent) may apply for PA status after completing 2 years of basic conservation training and acquiring at least 3 years of experience in his/her special field beyond the training period (third/fourth) year program internships are considered training.)

Applicants without an undergraduate degree may still apply, but first must request a waiver from the Membership committee. Applications for PA must be supported by three Fellows or PAs.

Candidates must agree in writing to abide by the Code of Ethics and Guidelines for Practice.

Fellow:

In addition to the qualifications required for election to PA membership, a candidate for Fellow must have a minimum of ten years of experience after conservation training and two years prior membership as PA. This equivalent can be waived for an international equivalent. Moreover, evidence must be submitted of sustained high quality professional skills and ethical behavior.

(The Solicitation) Pages 13 of 26

Applicants for Fellow status must also demonstrate that they have participated in an exchange of ideas regarding methods. Professional recommendations from five AIF Fellows must be included with the application.

(excerpt from the Directory: The American Institute for Conservation of Historic & Artistic Works 2008 (Washington, DC), AIC-2). Further information can be found under the AIC website www.conservation-us.org

Additionally, this project requires the FAP to be experienced in understanding and minimizing negative impacts of vibration and high and low level frequencies on artworks and must provide one or more past projects utilizing this knowledge and/or conferring with a structural engineer on this project that is not an employee of the construction contract.

The FAP will provide the GC and GSA a range of acceptable level(s) and duration(s) of vibration, high and low level frequencies to protect the artwork.

It is incumbent upon the FAP to familiarize themselves with all aspects of the construction project that could impact the artwork. This includes at a minimum, types of equipment/machinery that will be utilized, duration of use of equipment causing vibrations, equipment utilizing water or other liquids, duration of non-stop vibrations, amount of time curtain wall will be removed, amount of exposure to elements, etc.

The Fine Art Conservator will work with a qualified professional Art Handler that meets the qualifications outlined below.

Professional Art Handler To qualify as a Professional Art Handler, the individual and firm must be in business for a minimum of ten years and be able to show from past projects experience including but not limited to crating, shipping, fabrication, installation, de-installation and removal of appropriate packing and protective materials for two and three dimensional artworks.

-experience with protecting artworks in situ for extended time periods - in particular, protecting artworks located in active construction job sites -experience in abating vibration, high and low level frequencies, etc. from construction activities -familiarity with micro climate and effect on artwork in prolonged on site protection and storage -experience working with oversized and monumental works -thorough knowledge of materials and methodologies used for the safe wrapping and protection of artworks including complete knowledge of archival materials for packing and storing -past experience working with museums, galleries, auction houses, collections, etc.

Resumes for Fine Art Conservators and Professional Art Handlers must be provided including projects worked on that meet these qualifications.

(The Solicitation) Pages 14 of 26

2.) The Offeror demonstrates that they understand the risks associated with construction in close proximity to the artwork. That the offeror has a sufficiently detailed artwork protection plan that shows how they will mitigate all risks. The plan shall also show how the protection is modified throughout the project so that construction in close proximity to it can be performed.

3.) The Offeror demonstrates its understanding of the artwork protection requirements by discussing their plan for on site environmental monitoring of the artwork during the entire construction period by a Fine Arts Professional as defined above.

Factor #5 – Small Business Socioeconomic Category

Offerors whose small business qualifies under any of the below socioeconomic categories will receive full credit for this factor. Offerors who do not fit any of these categories will not receive credit.

Socioeconomic categories are: HUB Zone Small Business; Woman-Owned Small Business;

Service-Disabled Veteran-Owned Small Business.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

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

(2) 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.F. Requirements for Joint Venture Offerors

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

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

(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so

(The Solicitation) Pages 15 of 26 certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

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

III. General Provisions

III.A Availability of Funds

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but does not warrant that all such requests will be answered within 5 calendar days. Prospective Offerors should make such requests not less than 7 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

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

(The Solicitation) Pages 16 of 26

III.F. Notice Concerning Preparation of Proposals

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

III.G. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov

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

(2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS.

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

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

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

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

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

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

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III.H. Safeguarding Documents Designated as Sensitive But Unclassified

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

III.I. Additional Security Requirements

See Specifications. This project is classified as containing controlled unclassified information.

IV. FAR/GSAR Solicitation Provisions

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

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

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

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

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

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

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

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

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

(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;

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

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

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

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

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

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

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(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

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

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

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

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

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

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

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

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

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

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

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

(f) Contract award.

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

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(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…