02. C201_Small_Business_Set_Aside_GC_Sol Final.pdf

GSA Solicitation No. GS-03P-17-CD-D-0004

Document: C201-SB / DEC 2016 (The Solicitation) Pages 1 of 30

Construction Contract for Repair and Alteration IDIQ for the East Field Office

The Solicitation Notice to Offerors of Total Small Business Set-Aside with one contract reserved for Service-Disabled Veteran-Owned Small Business

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

52.219-6, Notice of Total Small Business Set Aside

Table of Contents

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

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

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

(The Solicitation) Pages 2 of 30

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

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

V. Additional Solicitation Provisions and Instructions

A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

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

C. Additional Provisions D. Additional Clauses E. FAR 52.222-62 Paid Sick Leave F. FAR 52.222-60 Paycheck Transparency

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

(The Solicitation) Pages 3 of 30

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses with one contract reserved for Service- Disabled Veteran-Owned Small Business Concerns in accordance with FAR 19. This procurement is a Total Small Business Set-Aside, with one contract reserved for Service Disabled Veteran-Owned Small Business concerns.

The government has the right to award more than one contract to any of the concerns if it is determined they represent the best value to the government in accordance with the source selection criteria. The government will only meet this concern if a proposal is received from a Service Disabled Veteran Owned Small Business concern is responsive, responsible, and received an overall technical score of “Acceptable” or greater and represents a fair and reasonable price. If it is determined that no SDVOSB offeror proposes an acceptable proposal at fair and reasonable price, a SDVOSB concern will not be recommended for an award and the government is no longer bound to make an award to this concern.

This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

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

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Other Forms Required For Submission with Proposals

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

(5) The Agreement and Attachments to the Agreement

(6 Wage Determinations for the following areas: Philadelphia County (General Decision No. PA160005), Mercer County (General Decision No. NJ160035), Burlington County (General Decision No. NJ160027), Camden County (General Decision No.

NJ160028), Kent County (General Decision No. DE160013) and New Castle County (General Decision No. DE160014)

I.C. Authorized Representatives

(The Solicitation) Pages 4 of 30

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

(1) Contracting Officer

Name: Daniel Langan Address: 100 S. Independence Mall W.

Philadelphia, PA 19106 Telephone: 215-287-9865

Email: Daniel.langan@gsa.gov

(2) Alternate Point of Contact

Name: Samantha Bohne Address: 100 S. Independence Mall W.

Philadelphia, PA 19106 Telephone: 215-446-2863

Email: Samantha.bohne@gsa.gov

I.D. Pre-Proposal Conference

(1) A pre-proposal conference regarding this Solicitation will be scheduled in January.

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

I.E. Estimated Price Range The individual orders to be placed under the contracts will range in value from $100.00 to $50,000.00.; however, there may be individual orders with lower or higher costs placed against this contract. The contract duration will be one (1) base year with four (4) one-year options.

The aggregate maximum order limitation (MOL) is $2,000,000.00 for the entire duration of the contract. In other words, there is no single MOL per contractor nor a single MOL per year, other than the MOL of the entire contract.

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

(The Solicitation) Pages 5 of 30

(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.

Site visits, if required, will be arranged on a Task Order level basis.

I.H. Receipt of Offers

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

Date: February 17, 2017 Address: Samantha.bohne@gsa.gov Daniel.langan@gsa.gov or

U.S. General Services Administration Acquisition Management Division (3PQXA) The Dow Building, 2nd Floor 100 South Independence Mall West Philadelphia, PA 19106-2320 ATTN: Samantha Bohne

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

(3) Offers sent by United States Mail shall be deemed timely if delivered to the address of the government installation designated for receipt of offers on or before the date established for receipt of offers.

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 6 of 30

II. Proposals

II.A. Proposal Contents Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

(1) Price Proposal

(2) Technical Proposal

(3) Representations and Certifications (C301)

(4) Bid Guarantee, using Standard Form 24

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

**** PLEASE NOTE A BID GUARANTEE IS NOT REQUIRED FOR THIS

SOLICITATION. REFERENCES TO BID GUARANTEES, PRICE OR PERFORMANCE

BONDS THROUGHOUT THIS DOCUMENT ARE NOT RELATIVE TO THE LINE ITEM

PRICING BUT MAY BE RELATIVE ON A TASK ORDER BASIS.

II.B. Proposal Format Submit one electronic copy of the Price Proposal and the Technical Proposal. Proposals can be emailed, or mailed as a CD-ROM or Flashdrive. The Price Proposal must submitted in a separate folder or a separate document from the Technical Proposal.

The Price Proposal shall consist of the following:

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

2) Completed Bid Schedule

3) Representations and Certifications

4) Letter confirming bonding capacity between $35,000.00 and $50,000.00

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

II.C. Price Proposal

(1) Contents

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

(2) Qualifications, Exclusions and Conditions

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

(3) Special Pricing Conditions for IDIQ Contracts:

PRICE PROPOSALS: Each offeror must submit a Price Structure as listed in the Continuation Sheet to the Standard Form 1442 and must completely provide all information as requested on this document. The rates offerored by the contractor may be negotiated during the source selection process. If awarded a contract under this solicitation, the negotiated rates will be accepted by the government as NOT TO EXCEED RATES to be used in pricing future task orders for the contract. The rates requested are

(The Solicitation) Pages 7 of 30 intended for use in situations where the Government and awardee are conducting sole source negotiations for the price of project work. Sole source negotiations may occur when pricing modifications to an awarded order, or when The Government uses the authority to enter into sole source negotiations for a new order as detailed in Paragraph titled “Method of Placement of Orders Under Multiple Award Contracts” the Agreement. The intent of this contract is to compete RFP’s for each project among the awardees, and in situations where adequate price competition is available, the Government will generally not request a price breakdown. Rather, GSA envisions that most project proposals will be submitted on a lump sum basis and the offerors shall include all mark-ups related to that project and all proposed preparation costs within that lump sum price. While some circumstances may arise in which a price breakdown is required for a specific RFP, it is the Government’s intent to use the not-to-exceed mark-up rates requested only in situations where GSA and the offeror/awardee are negotiating a price in a sole environment.

**Please note, contractors may discount line item pricing on a task order basis.

For award purposes, the proposed price structure as requested in the RFP will be evaluated based on a comparison of the proposed total price structure for each of the elements listed with the Independent Government Estimate (IGE). Price analysis will be performed on the proposed rates that will be used in determining reasonableness and probably price of future projects, and the offeror’s understanding of the work and ability to perform the contract.

In order to effectively and equitably evaluate all proposals, the Contracting Officer must receive information containing sufficient detail to allow review and evaluation by the Government. Proposal clarity, organization, and cross-referencing are mandatory. Failures to submit and organize proposals as requested may adversely affect an Offeror’s evaluation. The Contracting Officer may remove any Offeror from further consideration during any phase of the procurement if the Offeor fails to meet the submittal requirements of the RFP or to reduce the competitive range for purposes of efficiency pursuant to FAR 15.306(c)(2).

(4) BID GUARANTEES AND PERFORMANCE BONDS

a. The solicitation shall require the submission of a bid guarantee. The bid guarantee shall be twenty

(20) percent of the total evaluated price for the base year.

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

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

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

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

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

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

(1) Prior Experience

This factor will measure the breadth, depth and relevance of an offeror’s prior experience in performing projects similar in scope, magnitude and complexity to

(The Solicitation) Pages 8 of 30 the work described in this solicitation. The evaluation of Prior Experience will be a subjective assessment based on a consideration of all relevant facts and circumstances.

The offerors are requested to demonstrate their construction experience in fully occupied office facilities by providing a list of three (3) successful projects completed as the prime contractor within the past three (3) years, similar in dollar value. Two (2) of the three (3) projects should be under $25,000.00 and one project should be under $50,000.00, similar in nature and working conditions as those anticipated in this contract. Projects more than $50,000.00 will be seen as less relevant and rated less favorably.

Anything more will not increase the technical rating for this factor. If more than three (3) projects are submitted in total, only the three (3) will be considered.

More recent performance may be determined to have greater importance than less recent performance. Previous projects may have been governmental (federal, state, or local) or private sector contracts.

“Similar” is defined as projects comparable in terms of scope, magnitude, complexity and price. The Government considers a project that has the following criteria a similar project:

• Performed within the last three (3) years.

• Project value under $50,000.00. Two (2) projects should be under $15,000.00 and one (1) project should be under $50,000.00.

• Followed design-bid-build project delivery method.

• Work performed in occupied office building.

When determining similarity, the Government considers the following favorable:

• Similar projects (as defined above) for the Federal Government and Commercial.

• Similar projects (as defined above) that incorporate multiple trades.

For the evaluation criteria listed above, the firm shall provide the following information for each of the three (3) projects:

• Name and location of project

• A detailed description of the project

• Type of building space

• Project start and completion dates

• Construction cost at award and final construction cost at completion

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

• An explanation of Project Management techniques and Quality Control measures that were used on the project. Provide a summary of issues that were encountered on the project, and how they were resolved using the established project management techniques and quality control measures

(The Solicitation) Pages 9 of 30

(2) Past Performance

This criterion will evaluate the quality of an offeror’s past performance in performing projects similar in scope, magnitude and complexity to the one described in the solicitation. “Similar “is defined under Prior Experience (above). Past Performance measures the offeror’s overall quality of past performance, record of conforming to contract requirements and to standards of good workmanship; the management of subcontractors; the offeror’s adherence to contract schedules, including administrative aspects of performance; the responsiveness of management; the offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; including the offeror’s business-like concern for the interest of the customer, and the offeror’s overall performance on their contracts.

Past performance will be evaluated by analysis of information requested and provided under Prior Experience (above), as well as information obtained through interviews with the offeror’s customers and/or the building’s owner or a representative of the owner. Regarding past performance on any projects submitted on behalf of managers, key personnel, subcontractors or other partners, evidence of collaborative prior experience among the partners will be viewed favorably.

In addition to those references provided directly by the offeror, the Contracting Officer may identify and analyze the past performance of the offeror on any other similar project which they have performed within the past three (3) years of which the Contracting Officer has knowledge or obtains knowledge of. Because of the wide variety of past performance history of individual offerors, the Government is not required to ensure that an equal number of references be obtained for each offeror.

Note:

1. It is the contractor’s responsibility to provide accurate reference contact information including phone and email. GSA will not attempt to locate references that are not submitted by the offeror.

Evaluation: The Contractor is requested to provide references for the three (3) projects that were submitted for the Prior Experience evaluation factor (above). If the Contractor’s submission for this technical factor does not meet the criteria set forth above, it shall result in a lower technical score. A neutral rating will be given to offerors without a record of relevant past performance.

(3) Key Personnel Offerors will be requested to identify key personnel for the project team and their responsibilities, qualifications, and positions for the proposed projects. Key Personnel are limited to the Contract Manager and their primary Project Manager that will be used on delivery orders against this term contract. No other key personnel qualifications will be considered.

Please note that the offeror’s proposal shall clearly state if the same person is being utilized for both positions. Additionally, the Key Personnel section should address the degree to which the resumes of key personnel reflect qualifications by education, experience on similar projects, knowledge and skills to perform the work. The duties of each are clearly described in the proposal.

(The Solicitation) Pages 10 of 30

The Contract Manager shall be a central point of responsibility/authority for all projects awarded during the performance period of the IDIQ contract. This individual should not be an on-site manager, but someone with administrative oversight responsibilities, typically based in the firm’s home or corporate office. The Contract Manager should have the authority to make final decisions on the contractor’s behalf. They should be able to sign contracts, delivery orders, and modifications. The Contract Manager should provide oversight of the contractor’s project manager(s).

Complete resumes shall be provided for the Contract Manager and the primary Project Manager proposed to work on this project listing, their education, training, qualifications, specialized experience in this type of work and the demonstrated technical competence of the staff on similar projects will also be requested. This demonstrated competence will take the form of specific project accomplishments, length of service in a particular discipline, and other specifiable or identifiable elements and duties. Each key personnel should have a minimum of five (5) cumulative years of construction renovation experience in occupied facilities. Offerors will be required to discuss previous experience in which the key personnel may have in working together on past projects. The key personnel will be viewed more favorably if the proposed key personnel were on the project team of the projects referenced in prior experience and past performance section.

The key personnel will be evaluated based on the degree to which the resumes of key personnel reflected qualifications by education, experience on similar projects, knowledge and skills to perform the work. The duties of each are clearly described in the proposal. Substitutions of key personnel must be approved in writing by the Contracting Officer. Each individual’s resume shall be limited to two double sided pages. If more than two double sided pages are provided for an individual, only the information on the first two double-sided pages will be considered.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

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

(2) Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

II.F. Requirements for Joint Venture Offerors

(1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of https://www.sam.gov/

(The Solicitation) Pages 11 of 30 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.

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 http://www.sba.gov/

(The Solicitation) Pages 12 of 30 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

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

(The Solicitation) Pages 13 of 30

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

III.I. Additional Security Requirements

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

a) This clause applies to the extent that this contract involves access to information classified “Confidential,” “Secret,” or “Top Secret.”

(b) The Contractor shall comply with—

(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M); and

(2) Any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information. (End of clause)

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

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract.

The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. (End of clause)

(3) FAR 52.224-1, Privacy Act Notification, April 1984 The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public

(The Solicitation) Pages 14 of 30

Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations.

Violation of the Act may involve the imposition of criminal penalties. (End of clause)

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

(a) The Contractor agrees to—

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function.

For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. (End of clause)

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

(a) The contractor shall comply with GSA personal identity verification requirements, identified at http://www.gsa.gov/hspd12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system. (End of clause) http://www.gsa.gov/hspd12

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(6) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems, Jun 2016.

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

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(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

This project will be classified on a task order basis.

IV. FAR/GSAR Solicitation Provisions

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

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

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

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

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

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

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

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

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

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

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

(i) The solicitation number;

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

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

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

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

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

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

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

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

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

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

(3) It is the only proposal received.

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

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

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

(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.

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(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…