REV_IRS_ECC_Cooling_Tower_Replacement_Project_Kearneysville_WV_The_Solicitation_Form_C201.pdf

GSA Solicitation No. GS-03-P-16-DX-C-7004

Document: C201-SB / JAN 2016

(The Solicitation) Pages 1 of 34

Construction Contract Internal Revenue Service - Enterprise Computing Center (ECC)

Cooling Tower Replacement Project Kearneysville, WV

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

(The Solicitation) Pages 2 of 34

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

G. Buy American Exceptions

H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

I. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Additional Solicitation Provisions and Instructions

A. Additional Provisions

(The Solicitation) Pages 3 of 34

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 34

I. General Information

The General Services Administration (GSA) has a requirement to replace the cooling tower systems at the IRS Enterprise Computer Center with new high-quality systems. The replacement cooling tower systems must conform with the design alternative selected by GSA and IRS after considering life cycle costs, initial construction costs, service life, water usage, and ease of access, operation, and maintenance, to the maximum extent possible.

Replacement of the cooling towers system must not interfere with “mission-critical” operations performed by the IRS at this facility. The IRS facility is a secure site with limited access.

The Enterprise Computing Center (ECC) is a single-tenant 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.

As planned and built, 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. Construction of the ECC was substantially completed in April, 1999. Construction of a new mechanical, electrical, and plumbing (MEP) plant addition adjacent to the Warehouse building, including the replacement of a majority of the MEP plant equipment serving the facility, reached substantial completion in May, 2013.

The facility’s chilled water plant equipment is considered to be “mission critical” by the IRS. The plant must reliably operate year round without interruption to provide cooling to the 24/7/365 computer room spaces in the facility. Computer loads represent over half of the total cooling load for the facility. As such, the chilled water plant equipment has been designed and constructed with redundancy built in, to avoid single points of failure and allow any piece of equipment to be replaced with an alternate unit in the event of any equipment problems. Most of the chilled water plant equipment, including the chillers and their associated pumps, were replaced in 2012 under the MEP Addition Project and installed in the main mechanical room in lower level of the new addition to the building. However, the cooling towers are original to the building and are quickly

(The Solicitation) Pages 5 of 34 approaching the end of their useful life. Failure of the cooling tower systems represents an unacceptable risk to IRS operations at this facility.

In addition to normal deterioration, the cooling towers have experienced numerous problems with excessive scale build-up during their service life, which has shortened their service life and has resulted in the need to blow down the cooling towers more frequently than normal. This in turn has led to excessive water usage, a condition that is inconsistent with the Government’s policy of conserving water at its facilities. In the past full year, the cooling towers required 3.6 million gallons of make-up water from a local utility between evaporation, drift, and blow-down cycles.

The replacement cooling towers and associated options have been fully designed by Greenman-Pedersen, Incorporated to meet or exceed GSA P-100 standards. The prospective firm shall have relevant recent experience in this type of construction.

Replacement of cooling towers is not typically considered a complex construction activity however this project has a number of complicating factors that move it into a higher realm of complexity. This project will occur in a fully occupied building therefore the work must be both phased and conducted in a manner that does not disrupt the tenant and on-going business operations. All mechanical shutdowns must be closely coordinated with the client and GSA. In addition to these complicating factors, the project includes a number of options to include redundant systems. Furthermore, the project includes installation of a pre-fabricated building to be used as an electrical sub-station and various types of site work.

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.

(The Solicitation) Pages 6 of 34

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

(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 – C201

2. Offeror Representations and Certifications Form – C301

3. SF 1442 – Solicitation Offer and Award

4. The Agreement – C101

5. The Specifications, Drawings, Exhibits, and other Attachments to the

Agreement.

(The Solicitation) Pages 7 of 34

I.C. Authorized Representatives

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

(1) Contracting Officer:

Name: Anthony Teti, Contracting Officer Address: U.S. General Services Administration

Acquisition Management Division (3PQ) The Dow Building 100 S. Independence Mall West Philadelphia, PA 19106

Telephone: 215-756-5252 E-Mail: anthony.teti@gsa.gov

(2) Alternate Point of Contact:

Name: Tracy Meister, Contract Specialist Address: U.S. General Services Administration

Acquisition Management Division (3PQ) The Dow Building 100 S. Independence Mall West Philadelphia, PA 19106

Telephone: 215-446-4609 E-Mail: tracy.meister@gsa.gov

I.D. Pre-Proposal Conference

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

Date: 05 April 2016 Time: 12:00 pm Location: Internal Revenue Service Enterprise Computing Center (ECC)

250 Murall Drive, Kearneysville, WV 25430, United States.

mailto:anthony.teti@gsa.gov mailto:tracy.meister@gsa.gov

(The Solicitation) Pages 8 of 34

This conference will focus on the general evaluation and proposal preparation issues and conclude with a question and answer session.

(2) Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer. 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 between $5,000,000.00 and $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 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.

(The Solicitation) Pages 9 of 34

(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.

(2) Site visits will be held immediately following the pre-proposal conference on the following date and time:

Date: 05 April 2016 Time: 12:00 pm

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Offerors shall submit a list identifying all attendees and their company affiliation from their respective team. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the list of attendees to the point of contact listed below.

For further information about the site visit or access requirements, please contact:

Name: Tracy Meister, Contract Specialist Address: U.S. General Services Administration

Acquisition Management Division (3PQ) The Dow Building 100 S. Independence Mall West Philadelphia, PA 19106

Telephone: 215-446-4609 E-Mail: tracy.meister@gsa.gov http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

(The Solicitation) Pages 10 of 34

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received no later than 2:00 pm local time.

Date: 11 May 2016 by 2:00 PM EST

Name: Tracy Meister, Contract Specialist Address: U.S. General Services Administration

Acquisition Management Division (3PQ) The Dow Building 100 S. Independence Mall West Philadelphia, PA 19106

Telephone: 215-446-4609 E-Mail: tracy.meister@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 office designated for receipt of offers on or before the date established for receipt of offers.

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

II.B. Proposal Format

Submit the original paper and two (2) electronic copies of the Price Proposal and the original paper and four (4) electronic copies of the Technical Proposal. The Price Proposal

(The Solicitation) Pages 11 of 34 must be separately bound from the Technical Proposal. The Price Proposal shall consist of the following:

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

2) Completed Bid Schedule

3) Representations and Certifications

4) Bid Guarantee, using Standard Form 24

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

Electronic proposal format shall be either by CD or other storage media such as a flash / thumb drive.

The technical proposal shall not exceed twenty five (25) double-sided pages in length total, excluding the cover page. Matter beyond this limit will not be considered when evaluating the Offeror’s proposal.

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 referenced 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) Evaluation

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.

(The Solicitation) Pages 12 of 34

II.D. Technical Proposal

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

(1) Prior Experience on Comparable Projects

This factor considers the number of opportunities the offeror has had to learn by doing. The projects submitted under Past Performance on Relevant projects should be the same as the projects submitted under this factor. The Government will examine the breadth, depth and relevance of prior experience in performing projects similar in size, scope and complexity to the one described in the solicitation. Relevant projects would include replacement of large mechanical equipment for a large occupied office building that required no interruptions to current operations. Relevant components of these projects might include cooling towers and/or chillers to support 2000 plus tons of cooling.

For the prime contractor (or joint venture) the offeror is requested to submit a detailed descriptive listing of three (3) to five (5) projects performed within the past ten (10) years that are similar in nature to the one 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. While the Government may consider the prior experience of managers, key personnel or other affiliates playing a significant role is contract performance, the total number of projects submitted is limited as stated above. (The offeror may submit no more than five (5) projects for the prime contractor team as a whole.) “Similar” is defined as projects comparable to this one in terms of size, scope and complexity. To be considered, a submitted project must have reached the stage of substantial completion. The offeror is required to submit sufficient information to allow the Government to assess the level of relevance of the project. The detailed description submitted for each project should include, as a minimum, the following information:

• Description of services provided by the offeror (design/build, design only, construction only, etc.)

• The offeror’s level of authority on the project (prime contractor, joint venture partner, major subcontractor, etc.)

• Facility details, including type of facility, tenant mission and population, square footage, acreage, venue types, security level, LEED certification, type of construction (new or renovation)

(The Solicitation) Pages 13 of 34

• Total dollar value of the project (awarded price and final contract price)

• Dollar value of the offeror’s effort on the project

• Type of contract (e.g. firm fixed price, cost reimbursable, incentive fee, award fee, time and materials, CMc, etc.).

• Dates of contract start and completion

• Name, title, address, phone number and email address of the customer contact and building owner who can attest to the quality of the work provided. (It is incumbent upon the offeror to ensure the information submitted is current and accurate).

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

(2) Past Performance of Offeror

This factor will measure the quality of the offeror's collective experience in performing projects similar in size, scope and complexity to the one described in the solicitation. The quality of the construction efforts associated with past projects will be evaluated. The relevance of the projects submitted will be an additional consideration under this factor.

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.

The Offeror shall submit references (a person or persons who may be contacted regarding the quality of the Offeror’s past performance) for comparable projects substantially completed within the last ten (10) years. The Government has no obligation to ensure that an equal number of references are obtained for each offeror. The Offeror must provide contact information for each reference. The name, title, company name, current address, current phone number, and current fax number for each reference must be provided.

The offeror’s safety record may 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 and/or joint venture.

(The Solicitation) Pages 14 of 34

This factor will be evaluated based upon the written responses to the RFP by the Offeror and by the evaluation of responses of references recommended by the Offeror. The Government also reserves the right to use other government data available in its assessment of the offeror. The quality of the reference information supplied will be considered. In accordance with FAR 15.306, the offeror will be given the opportunity to respond to adverse past performance information.

(3) Management Plan and Key Personnel

This factor will assess the qualifications of the general contractor and key project team members for successfully performing this project. Experience, professional certifications, awards and other pertinent information will be examined. In addition, the Government will assess the offeror’s understanding of the project by examining its proposed technical approach. The following information should be submitted to address this factor:

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:

• Project Manager

• Quality Control Manager

• Project Superintendent

Resumes for each Key Project Member, shall not exceed three pages. Include a one-page matrix to indicate any Key Project Member’s involvement with Projects listed above.

• Qualifications of Project Manager – Submit information to sufficiently demonstrate that the Project Manager has the necessary professional registrations, education, leadership, and technical experience to ensure The Project Manager should have at least ten (10) years of relevant experience.

• Qualifications of Quality Control Manager – Submit information to sufficiently demonstrate that the Quality Control Manager has the necessary professional registrations, education, leadership, and technical experience to ensure successful complete of this project. The Quality Control Manager should be a graduate of a four year ABET accredited college program in one of the following disciplines:

Engineering, Architecture, Construction Management, Engineering Technology, Building Construction, Building Science, with a minimum of 10 years of experience

(The Solicitation) Pages 15 of 34 as a superintendent, QCM, project manager, project engineer or construction manager on similar size and type construction contracts which included the major trades that are part of this contract. In addition to the above experience and education requirements, the QCM shall have completed the course entitled “Construction Quality Management for Contractors.”

• Qualifications of Project Superintendent – Submit information to sufficiently demonstrate that the Superintendent has the necessary professional registrations, education, leadership, and technical experience to ensure successful completion of this project. The Project Superintendent should have at least ten (10) years of relevant experience.

• Organization Chart and Staffing Plan – Submit an organization chart for the project team showing organizational positions. This chart should show lines of authority within the project team, between the project team and its corporate organizations, and between the project team and the Government.

• Management Plan – Submit a Management Plan for this Project that explains how the various team members will work together and the methodology and processes that will be used to manage this entire Project. The plan should include at minimum the following topics (listed in no particular order):

• Project Risk Analysis

The plan should include risks specific to this project and describe in detail what the team will do to mitigate the risks.

• Schedule

The total project duration from Notice to Proceed to Final Substantial Completion is fourteen (14) months. 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.

• 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.

• 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-

(The Solicitation) Pages 16 of 34 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.

• Communication Plan

The Plan should discuss the method of coordination with the Government and other stakeholders to be used. 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 has also procured the services of Greenman-Pedersen, Inc. (GPI) for construction administration and Hill International, Inc. (Hill) for construction management and commissioning services. GPI and Hill will be involved from project award through post-construction as GSA and IRS representatives. Describe your involvement with GPI and Hill how you will engage them to assist in managing this project.

• ePM - Proliance

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

• 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.

• 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.

• Quality Control Plan – Submit a Quality Control Plan for this project that details the methods, frequencies, documentation, and remedies for ensuring that work performed is of the highest quality. It should describe procedures for correcting problems and any proposed compensation to GSA for contracted services not performed as scheduled or poorly performed.

(4) 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

(The Solicitation) Pages 17 of 34 procurement, the minimum amount to be covered by the offer guarantee and bonding is $10 million.

(5) Minimum Standard

The standard is met when the Offeror submits a plan 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.

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 more important 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.

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.

https://www.sam.gov/

(The Solicitation) Pages 18 of 34

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 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 15 calendar days. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

(The Solicitation) Pages 19 of 34

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.

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 http://www.sba.gov/ http://www.cpars.gov/

(The Solicitation) Pages 20 of 34

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.

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.

http://www.cpars.gov/allapps/cpcbtdlf.htm

(The Solicitation) Pages 21 of 34

III.I. Additional Security Requirements

(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

This project is classified as UNCLASSIFIED.

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).

(The Solicitation) Pages 22 of 34

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

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

(i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

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

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

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

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

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

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

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

(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of

(The Solicitation) Pages 23 of 34 offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

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

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

(3) It is the only proposal received.

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

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

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

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals.

Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(The Solicitation) Pages 24 of 34

(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.

(The Solicitation) Pages 25 of 34

(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 sub-factors 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 reserves the right to award a contract based on initial offers 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.