IRS_ECC_Consolidation_Project_Kearneysville_WV_The_Solicitation_Form_C201.pdf

GSA Solicitation No. GS-03-P-16-DX-C-7003

Document: C201-SB / JAN 2016

(The Solicitation) Pages 1 of 40

Construction Contract - Internal Revenue Service Enterprise Computing Center (ECC) Consolidation Project located in Kearneysville, WV

The Solicitation

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

(The Solicitation) Pages 2 of 40

D. Technical Proposal

E. Other Information to be Submitted with Proposal

F. Requirements for Joint Venture Offerors

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

(The Solicitation) Pages 3 of 40

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 4 of 40

I. General Information

The General Services Administration will be soliciting construction firms to provide all labor, material, equipment, and supervision necessary for construction services for the Internal Revenue Service Enterprise Computing Center (ECC) in Kearneysville, WV in which the scope of the project includes approximately 120,000 square feet of interior renovations; renovation of identified main building areas on multiple floors to accommodate the relocation / consolidation of employees; demolition and new construction in an existing tenant office space; raised access flooring, new/repaired gypsum partitions; paint, wall base, door frames and doors; door hardware; gypsum and acoustical lay in ceilings; millwork; mechanical work; fire protection work;

telecommunication / security work, A/V work; electrical work, and site work. Disposal of existing furniture and moves will also be included in contract.

The Internal Revenue Service Enterprise Computing Center (ECC) in Kearneysville, WV is a campus composed of two (2) single-tenant buildings, the ECC Main Building and the ECC Annex, adjacent to WV Route 9 approximately five (5) miles east of Martinsburg, WV. Both buildings are occupied solely by the Internal Revenue Service.

Sections of both buildings of the Enterprise Computing Center (ECC) are “mission critical” to the Internal Revenue Service and operate continuously on a 24/7/365 basis.

This includes spaces that house Automated Data Processing (ADP) operations and the MEP systems that support them. The ECC Main Building is a 400,000 sf facility consisting of three distinct, inter-connected buildings: a 3-story Office building with attached auditorium, a 2-story Automatic Data Processing (or “ADP”) building containing complex computer equipment, and a Warehouse.

The Internal Revenue Service Enterprise Computing Center (ECC) Annex is a 154,600 gross square feet building leased by the GSA for the IRS and composed of the three distinct structures; the one-story IRS Annex main building, a 74,300 gross square feet structure completed in 1995, the two-story IRS Central Utility Building (CUB), a 24,200 gross square feet structure also completed in 1995, and the two-story IRS Annex Office Expansion (AEO), a 55,900 gross square feet structure completed in 1996. The Internal Revenue Service Annex main building is occupied by a large computer room that uses approximately two-thirds of area of this portion of the facility. The term of the lease on this building is due to expire in the near future. With the release of updated IRS-REFM National Workplace Standards on May 1, 2014, and with the advent of mobile work

(The Solicitation) Pages 5 of 40 strategies within the Federal workforce, the Internal Revenue Service realized that operations at the Enterprise Computing Center (ECC) Annex Building might be able to be consolidated into Main Building, allowing GSA to end the lease term of the Annex building and realizing significant savings to the American taxpayer.

The NAICS (North American Industry Classification System) Code for this procurement is 236220 for Commercial and Institutional Building Construction. This industry comprises establishments primarily responsible for the construction (including new work, additions, alterations, maintenance, and repairs) of commercial and institutional buildings and related structures, such as stadiums, grain elevators, and indoor swimming pools. This industry includes establishments responsible for the on-site assembly of modular or prefabricated commercial and institutional buildings. Included in this industry are commercial and institutional building general contractors, commercial and institutional building operative builders, commercial and institutional building design-build firms, and commercial and institutional building project construction management firms.

It is the intent of the Government that this procurement will result in the selection of a small business construction firm that shall be capable of meeting the project requirements commensurate with the project scope of work.

I.A. The Solicitation and Contract

The procurement of construction services for the Internal Revenue Service Enterprise Computing Center (ECC) Consolidation Project located in Kearneysville, WV will be via the award of a firm fixed price contract. The award of this contract will be in accordance with selection procedures outlined in the Federal Acquisition Regulations (FAR) Part 15.

This method is appropriate as the agency shall evaluate all responses in accordance with the criteria stated and shall advise each respondent in writing either that it will be invited to participate in the resultant acquisition or that it is unlikely to be a viable competitor. The Government will evaluate all Phase I proposals and select the most highly qualified offerors for participation in the Phase II process. The Phase II process will require the submission of technical and price proposals from each offeror for separate evaluation by the Government.

(The Solicitation) Pages 6 of 40

(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. Phase I - C101 - The Agreement

2. Phase I - C201 - The Solicitation

3. Phase I - C301 - Offeror Representations and Certifications Form

4. SF 1442

5. Past Performance Questionnaire

I.C. Authorized Representatives

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

Raymond J Porter Contracting Officer U.S. General Services Administration Acquisition Management Division (3PQ) The Dow Building 100 S. Independence Mall West

(The Solicitation) Pages 7 of 40

Philadelphia, PA 19106 215-756 - 3439 Raymondj.porter@gsa.gov

I.D. Pre-Proposal Conference

A project pre proposal conference shall be held on 23 March 2016 at the Internal Revenue Service Enterprise Computing Center (ECC) located at 250 Murall Drive in Kearneysville, WV 25430, United States.

This conference will focus on the general evaluation and proposal preparation issues and conclude with a question and answer session. 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. . Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal meeting.

I.E. Estimated Price Range

This project is to be awarded as a firm fixed price contract. Per FAR Part 36.204 -- Disclosure of the Magnitude of Construction Projects the estimated project cost is in excess of $10,000,000.00. Award will be made to the firm offering the best value to the Government in terms of price and technical merit. The NAICS code applicable to this project is 236220. This procurement is being solicited as a total small business set aside.

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

(The Solicitation) Pages 8 of 40 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)

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

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

The Phase I technical proposal must be sent in an electronic format only to the attention of the GSA Contracting Officer Raymond J Porter.

The technical proposal is due on 8 April 2016 by 2:00 PM EST.

(The Solicitation) Pages 9 of 40

Questions Regarding Phase I

Submit all questions regarding Phase I to the Contracting Officer on or before 31 March 2016 to the attention of the contracting officer Raymond J Porter. Any responses provided by GSA will be posted on FedBizOpps as an Amendment to the Solicitation.

Receipt of Qualifications

In order to be considered for Phase II and award, Phase I qualifications proposals conforming to the requirements of this Solicitation must be sent in an electronic format only to the attention of the contracting officer Raymond J Porter

II.A Proposal Contents

1) Technical Qualifications

a. Prior Experience

b. Past Performance on Relevant Projects

c. Project Team Qualifications

2) Representations and Certifications (GSA Form C301)

3) Proof of Bonding Capacity of $15 million.

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

(1) Technical Proposal

(2) Other Documents as Required

II.B. Proposal Format

In order to be considered for Phase II and award, Phase I qualifications proposals conforming to the requirements of this Solicitation must be sent in an electronic format only to the attention of the contracting officer Raymond J Porter.

(The Solicitation) Pages 10 of 40

II.D. Technical Proposal

TECHNICAL EVALUATION FACTORS/MINIMUM STANDARDS

PHASE I

Factor I. Prior Experience This factor will measure the number of opportunities the offeror has had to learn by doing. The Government will examine the breadth, depth and relevance of prior experience in constructing projects similar in size, scope and complexity to the one described in the solicitation. Prior experience in construction will be evaluated.

Prime Contractor – For the prime contractor (or joint venture) the offeror is requested to submit a detailed description listing of three (3) projects completed within the past ten (10) years that are similar in type, size, scope and complexity to those described in this solicitation. For joint ventures, projects may be submitted for the joint venture as an entity or for an individual member of the joint venture.

Relevant Projects

Similar Size and Complexity Projects are those that are new construction or renovation of facilities with a minimum of 50,000 GSF and have reached substantial completion in the past 10 years. Projects will be considered more similar if they exhibit some or all of the following characteristics:

Office Building Occupied Office Building Phased Renovation Constrained Construction Site Data Center Multiple Sub Contractors Experience in the geographical area which is defined as similar projects with a fifty (50) mile radius of Martinsburg, West Virginia

(The Solicitation) Pages 11 of 40

Relevant projects may have been acquired under governmental (federal, state, or local) or private sector contracts. Experience on similar projects for the Federal Government may be considered more favorably. While the Government is looking for prior experience by the prime contractor, the Government may consider relevant experience by affiliated companies, key personnel and key subcontractors.

For Joint Ventures, projects may be submitted for the Joint Venture as an entity or for individual members of the joint venture. All firms in a Joint Venture arrangement must display prior experience under this factor either as an individual firm or Joint Venture.

This factor will be evaluated based upon the written response to the RFP by the Offeror and the prior experience demonstrated by the presented projects. Projects of Similar Scope and Complexity will be rated more favorably than projects that are less similar.

While the Government may consider the prior experience of managers, key personnel or other affiliates playing a significant role in contract performance, the total number of projects submitted is limited as stated above.

To be considered, a submitted project must have reached substantial completion, at a minimum. The offeror is required to submit sufficient information to allow the Government to assess the level of relevance of the project.

Factor II. Past Performance on Relevant Projects

This factor evaluates recent past performance as this measures the quality of the offeror’s collective experience in performing projects similar in size, scope and complexity to the one described in the solicitation. In evaluating past performance, the Government may consider the information in the Offeror’s proposal as well as information gathered from other sources including former customers, Government agencies, federal databases and other references. An offeror who has no record of past performance will receive a neutral rating. If GSA receives negative past performance information, the offeror may be given an opportunity to respond

2.1 Standard for Evaluation

(The Solicitation) Pages 12 of 40

In evaluating past performance, the SSEB may consider the following:

A. The Government will utilize the project information submitted under Prior Experience on Relevant Projects above in addition to other available sources to assess the quality of work performed on relevant projects. The evaluation will include: an assessment of the overall quality of past performance; record of conforming to contract requirements and to standards of good workmanship; the adherence to contract schedules, including the administrative aspects of performance; the responsiveness of management; the history of reasonable and cooperative behavior and commitment to customer satisfaction; the business-like concern for the interest of the customer and; the Offeror’s overall performance on their contracts.

B. In addition to the information in the Offeror’s proposal itself, the Government will consider information obtained through interviews with the Offeror’s customers and/or the building's owner or a representative of the owner. The Government may consider the past performance of managers, key personnel or other affiliates playing a significant role in contract performance.

C. In addition to any information contained in or referred to in the Offeror’s proposal, the Government may consider the past performance of the offeror or its team members on any other projects performed within the past (10) years of which the Government has knowledge. The Government has no obligation to ensure that an equal number of references are obtained for each offeror.

D. The Offeror’s safety record will be a consideration under this factor. To that end, in addition to the information requested under Prior Experience on Relevant Projects, the offeror is requested to submit the Trailing Recordable Incident Report (TRIR) for the prime contractor (or joint venture).

0.2.2 Proposal Requirements

A. Two references, including name, address telephone number and email address, for each project identified for the contractor or joint venture in Factor 1.A.

(The Solicitation) Pages 13 of 40

B. Offerors shall submit the Trailing Recordable Incident Report (TRIR) for all projects submitted for the prime contractor (or joint venture).

Factor III. Project Team Qualifications Offerors are requested to identify the construction, project, and quality management staffing and other key personnel that will make up the project team for the proposed project. 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 demonstrate that each meets the minimum experience levels shown below.

Offerors are requested to provide details concerning any previous experience the proposed team may have working together on similar projects. Include a list of awards, publications and other professional recognition.

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

Offerors shall be required to submit a proposed team with the minimum required disciplines and respective experience levels as stated in the Minimum Standards below. One individual must be assigned to each of the disciplines listed below.

Offerors demonstrating proposed key personnel who exceed the minimum qualifications and experience levels identified in the Minimum Standards will receive a greater technical score for this Evaluation Factor.

During the Construction phase, the positions of Offeror, Construction Project Manager, Construction Superintendent, and Construction MEP Coordinator may not deviate from those individuals identified in the proposal without prior approval from the Contracting Officer. In the event that any substitutions in key personnel are proposed, the Offeror shall provide to the Contracting Officer the information required for that position as stated in the Key Personnel Minimum Requirements and Phase I Submittal Requirements. Written notification and submittal of a

(The Solicitation) Pages 14 of 40 change in the Offeror’s Key Personnel must be identified timely to allow for proper evaluation by the Government.

If changes in Key Personnel occur after award, no increase in contract price or delay in contract performance will be allowed as a result of the Offeror’s substitution, addition or replacement of key personnel

Qualifications of Key Project Members – Submit information to sufficiently demonstrate that the members of the project team have the necessary professional registrations, leadership and technical experience to ensure successful completion of this project. Key project members should have at least ten (10) years of relevant experience on projects similar in size, scope and complexity to those described under Factor 1. The following are considered Key Project Members:

Offeror’s Principal In Charge/Project Executive Construction Project Manager Construction Superintendent Construction MEP Coordinator

Resumes for each Key Project Member, shall not exceed two pages.

Include a one-page matrix to indicate any Key Project Member’s involvement with Projects listed under Factor I.

Bonding Capacity – This is a go/no-go factor to assess the offeror’s ability to provide an offer guarantee and performance and payment bonds sufficient to cover a project of this magnitude. For this procurement, the minimum amount to be covered by the offer guarantee and bonding is $15 million.

PHASE II

Factor I. Project Management/Delivery Plan

The Offeror is to provide a Project Management/Delivery Plan (PMDP) describing its management philosophy for the construction and post-construction activities for this project. The PMDP shall not exceed five (5) pages, not inclusive of a

(The Solicitation) Pages 15 of 40 project schedule. The schedule and staging plan can be above the 5 pages of the PMDP. At a minimum, provide the following:

Phasing Plan

1. Describe in your plan how you will deliver a quality project on time and within budget.

2. Describe your understanding of the design and how you will successfully control quality on the project from award, through construction, substantial completion and contract closeout. Describe your approach to working on this secured campus, with other buildings in the vicinity, foot and vehicular traffic.

Subcontracting

1. Describe your procurement approach for selecting and contracting the mechanical, electrical, plumbing and interior finish subcontractors. Given the building type, it is anticipated that these trades will have experience in building types described in Phase I, Factor I.

2. Describe your approach to contracting to local community.

Staging and Jobsite Management Show the details of the staging area, including where material lay down will be located for each phase of the project, placement of job trailers, cranes, how work will be staged, and paths of travel for workers and tenants, etc. Note that this staging plan is not included in the 5 page limit for the PMDP.

Third Party Contractors

1. Discuss how IRS-specific Audio Visual system requirements will be incorporated into the project to allow for tenant occupancy at phased substantial completion.

2. The GSA & IRS will purchase and install furniture for this building.

Contractor is to dispose existing furniture and move furniture/boxes.

(The Solicitation) Pages 16 of 40

Describe how and when GSA furniture procurements will addressed in your phasing plan.

Permits and Safety GSA is the Authority Having Jurisdiction (AHJ) for fire and life safety. IRS has existing maintenance contracts for security and BAS systems. Describe how your project team will satisfy this requirement.

Submittals The Government and its representatives reserves two (2) weeks of review time for submittals. Describe how you will manage the government’s involvement with submittal reviews in relation to schedule, budget and quality. Identify any mock-up activities and their relation to the construction schedule. Identify when the government and it representatives will be brought in for inspections and walk-throughs.

Project Risk Analysis List risks that you see to this project and how you will work with the Government and its representatives to mitigate these risks.

Communication Plan Describe how you plan on communicating with GSA, its clients and government representatives, local Community, and other stakeholders throughout the life of the contract. GSA shall procure Construction Manager as Agent services (CMa).

GSA has also procured the services of MTFA for construction administration.

CMa and MTFA will be involved from project award through post-construction as GSA and IRS representatives. Describe your involvement with CM and MTFA and how you will engage them to assist in managing this project.

Cost and Change Management Describe how you will manage the initial budget upon award, utilizing Earned Value Management, or other Cost Management Techniques. Describe how you will manage your subcontractors, with respect to cost and change management, and what you will do to keep the process moving expeditiously. Describe your approach with change management with regard to government changes.

(The Solicitation) Pages 17 of 40

Commissioning Mechanical, Electrical and Plumbing Systems outside of construction area shall remain operational during construction. The Government and its representatives will have an independent, 3rd Party Commissioning Agent. Describe your understanding of the commissioning specifications and approach and application of commissioning for this project from award to completion with the involvement and oversight of a 3rd Party Commissioning Agent.

ePM - Proliance Explain your understanding and use of GSA’s ePM system to manage the project.

Schedule The total project duration from Notice to Proceed to Final Substantial Completion is twenty four to thirty (24-30) months. IRS has move constraints for the four phased approach. Provide a bar chart schedule, defining all critical project elements, that demonstrates how the Offeror will achieve on-time completion.

This includes but is not limited to procurement, government review time of submittals and fabrication activities for all critical project components.

Minimum Standard The standard is met when the Offeror submits a PMDP addressing each of the items listed above which ensures that the requirements of this project will be successfully delivered. The plans shall be discussed in detail and organized such that the proposed management of this project is so structured that the Offeror demonstrates an understanding of the government’s requirement.

Factor II. Interactive Discussions

To allow offerors an opportunity to further demonstrate their project understanding and abilities, the Government will invite Phase 2 offerors to give oral presentations to augment the written information submitted under this factor.

The offeror will be expected to provide a clear and concise overview of the project in relation to the project requirements and to provide clear and concise

(The Solicitation) Pages 18 of 40 responses to pertinent questions posed by members of the Government’s evaluation team.

2. The oral presentation will not constitute discussions as defined in FAR

15.306 (d). No price information shall be included in the presentation narrative or mentioned in the oral presentation.

3. The offeror will be given the date, time, and place for its oral presentation.

The offeror may be asked to have certain key personnel or representatives present during the oral presentation.

Price - Pricing proposals will be evaluated to determine the reasonableness of the offeror's price by comparing it with the independent Government cost estimate (IGCE) and with other prices received in response to the solicitation. A price analysis will be performed in accordance with FAR Part 15.404-1.

Description of the Evaluation Process, Methodology, and Techniques to be Used

In accordance with FAR 15.305 and FAR 15.404, price analysis will be used to determine price reasonableness. The offeror’s understanding of the work and ability to perform this requirement falls under the technical evaluation. For this solicitation, the combined weight of the technical evaluation factors is significantly more importance than price. The approach to the source selection for this procurement will be the best value concept, using the trade-off process. The objective is to select the proposal that offers the best value for the funds expended, not necessarily the lowest price. As a result, the Government intends to award this contract to the responsible offeror whose proposal conforms to the solicitation, and is most advantageous to the Government, when price and technical factors are considered. The board will evaluate all proposals against the evaluation factors listed here and in the solicitation.

(The Solicitation) Pages 19 of 40

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).

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 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.

(The Solicitation) Pages 20 of 40

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 15 calendar days. Prospective Offerors should make such requests not less than 15 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.

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.

(The Solicitation) Pages 21 of 40

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

(The Solicitation) Pages 22 of 40

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.

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.

(1) FAR 52.204-2, Security Requirements, August 1996

(2) FAR 52.204-9, Personal Identity Verification of Contractor Personnel, January 2011

(3) FAR 52.224-1, Privacy Act Notification, April 1984

(4) FAR 52.224-2, Privacy Act, April 1984

(5) GSAR Clause 552.204-9, Personal Identity Verification Requirements, October 2012

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.

(The Solicitation) Pages 23 of 40

“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;

(The Solicitation) Pages 24 of 40

(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.

(The Solicitation) Pages 25 of 40

(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—

(The Solicitation) Pages 26 of 40

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

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

The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

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

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

(f) Contract award.

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

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

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).

Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(The Solicitation) Pages 27 of 40

(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…