Amendment 5.doc

Modernization of Dr. A. H. McCoy Federal Building

GS-04P-09-EX-C-0076

Jackson, Mississippi 01 Jun 2009

Amendment 5

The Request for Proposal under Solicitation Number GS-04P-09-EX-C-0076 hereby amended as follows:

Included in the amendment is a list of attendees to the McCoy Pre-Proposal/Site visit held on May 27, 2009 in Jackson, Ms.

Company

CLARIFICATIONS TO QUESTIONS

All questions and clarifications to this solicitation are due no later than Friday, June 5, 2009, 5:00 PM Eastern Standard Time to Leslie Smalls, Contracting Officer, General Services Administration, Public Building Services, Acquisition Services Division, 401 West Peachtree Street, NW, Suite 2500, Atlanta, Georgia 30308.

Question 1.

Reference is made to Part 1, Paragraph 2.8.1, page 9 'Liquidated Damages', line 3 reading in part "actual damages". This reference to actual damages conflicts with FAR 52.211-12 Page 88, stating 'liquidated damages in the amount of $4,300.00 per calendar day of delay.' As actual damages are entirely different than liquidated damages, please clarify which is correct, i.e. Paragraph 2.8.1 or FAR 52.211-12.

Answer to Question 1.

The intent of Paragraph 2.8.1 is to specify that liquidated damages will be assessed in the amount of actual damages the Government incurs for late delivery but will not be less than $4,300 per calendar day.

Question 2.

Reference is made to Attachment B. Please clarify which line the estimated general conditions amount is to be inserted.

Answer to Question 2.

General Conditions should be calculated as part of the Estimated Cost of the Work

Question 3.

Reference is made to Part 3, Paragraph 2.1.h) page 42. Please clarify the roles and responsibilities of the environmental coordinator, energy conservation officer, and waste management coordinator. Additionally, please clarify if these individual's must be consultants or if qualified employees of the CMc may be utilized.

Answer to Question 3.

It is anticipated these functions will be needed to oversee the asbestos abatement work (environmental coordinator), and commissioning and LEED related activities (energy conservation officer, waste management coordinator). These roles and responsibilities can be provided by consultants, and/or by qualified employees of the CMc. These roles and responsibilities may also be performed by one individual and/or by other proposed team members per the RFP.

Question 4.

Reference is made to Part 3, Paragraph 2.1.j) page 42 Tenant Representative. Please clarify the role and responsibilities of this individual.

Answer to Question 4.

The role and responsibilities of the tenant representative will be primarily to interface with the tenants in the building, coordinate and oversee the physical relocation of the tenants either into swing space and/or into permanent space on a different floor, ensure phones/computers, furniture, equipment, etc. are relocated, etc. This person is the primary liaison for the tenant agencies.

Question 5. Reference is made to the following RFP information:

Specification Section 01591 Construction Manager's Office.

Part 1, Paragraph 2.8 line 7 Page 8 states a contract duration of 930 calendar days.

Part 1, Paragraph 2.13 that states in part 'The CMc shall work with GSA to develop an implementation strategy for a phased construction approach...'.

Part 2, Paragraph 1.11 Page 18 General Conditions Items, Part 2, Paragraph 2.8 Page 21, whereby the CMc is to 'assist the A-E in preparation of a draft construction specification, in particular, Division 1 General Requirements Section emphasizing project phasing, GC requirements, and preliminary project-specific construction management issues.

Part 3, Paragraph 2.1.a) to j) Pages 41 and 42, the CMc shall provide sufficient staff...

With respect to the mandated (Amendment No. 4) pricing of general conditions, we ask for the following clarifications:

5a. May the CMc assume that the phasing plan may be modified to reduce the 930 calendar day duration? Please clarify the autonomy, if any, that offeror's may make in their proposals regarding construction duration.

Answer to Question 5a.

The phasing plan may be reduced but the contract duration will remain at 930 calendar days. Price for the duration as indicated, however it is expected that the successful offeror will be able to submit reductions during the design phase for consideration as a possible savings.

5b. How many full time equivalent (FTE) on-site personnel is the CM providing within their contract? Please clarify this issue as an increased number of CM personnel will have a direct impact on the number of personnel required for the project.

Answer to Question 5b.

The CM will be providing 5 to 6 full time, on site personnel.

5c. Please provide complete Division 1 specifications so that general conditions costs may accurately price Owner requirements OR is it the intention of the Owner that general conditions pricing reflect an estimated amount of anticipated cost knowing that additional information after award is forthcoming for the selected CMc. Please clarify.

Answer to Question 5c.

Complete Division 1 Specifications have not been developed yet. What is currently known has been provided as attachments to the RFP, ie. the Construction Manager's office, CPM Scheduling specifications, etc. General Conditions pricing should reflect an estimated amount of anticipated costs knowing that Division 1 specifications will be developed after award. Additional requirements may be identified during the on-site proposal meeting and will be captured in an addendum prior to the due date for proposals.

Question 6.

Reference is made to the following RFP information:

Part 2 Paragraph 1.1 Page 14 stating 'That the construction work will be performed in conformity with Codes and Applicable requirements.'

Part 2 Paragraph 2.1. Page 19 (General CMc Responsibilities) stating 'The emphasis of the reviews will be on determining the constructability of the design documents, identifying design error and omissions and to provide cost saving ideas.

Amendment No. 4 whereby Attachment A was reissued.

Question 6a.

6a. Is the CMc responsible for the design team errors and omissions? It appears, based upon the deletion of this requirement from Attachment A, that the CMc is NOT responsible for errors and omissions. Please clarify.

Answer to Question 6a.

The CMc is not responsible for errors and omissions but should help the Owner identify these during their review of the design documents.

Question 6b. If the CMc is responsible for the design team errors and omissions, is the use of the Construction Contingency Allowance considered allowable charges to this allowance? Please clarify.

Answer to Question 6a The Construction Contingency Allowance (CCA) will be used to correct design errors and omissions. The GMP will not be adjusted for design errors and omissions unless the total of such changes exceed the CCA. In otherwords, the CCA will be used first for changes related to design errors and omissions. If the amount of the CCA is exceeded for design errors and omissions, then the GMP starts getting adjusted.

Question 7. Reference is made to Part 2, Paragraph 1.4 lines 3 and 4 that states 'This contract also includes a provision for shared savings based on the unused portion of the construction contingency allowance. Part 3, Paragraph 1.3.4 Management of Construction Contingency Allowance in line 6 also states this.

Attachment A paragraph a) (Page 1 of Attachment) states that all savings from the Construction Contingency Allowance will be shared on a 60% (Contractor)/ 40% (Government) basis, however, Amendment No. 4 deleted this verbiage. Please clarify the shared savings percentage between parties

Answer to Question 7.

The percentage of shared savings will remain as originally specified at 60 /40.

Question 8. Which Certs and Reps are required? Those we complete on line thru ORCA or page 53-54 of the Solicitation?

Answer to Question 8.

It is our preference that the Online Representations and Certifications Application (ORCA) be used. It can be found at https://orca.bpn.gov. If access to on-line is not available complete the form located in the Request for Proposal.

Question 9. Attachment B – Supplement to SF 1442 - Define Overhead and Commission as indicated in item 1.B, 2.A and 4.

Answer to Question 9.

As defined in the General Services Administration Manual (GSAM) APD 2800.12B, 09-01-99, “The allowable overhead shall be determined in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulation (48 CFR Part 31) in effect on the date of this contract. The percentages for profit and commission shall be negotiated and may vary according to the nature, extent and complexity of the work involved, but in no case shall exceed the following unless the Contractor demonstrates entitlement to a higher percentage:

To Contractor on work performed by other than his own forces

10%

To first tier subcontractor on work performed by his subcontractors

10%

Not more than four percentages will be allowed regardless of the number of tier subcontractors. The Contractor shall not be allowed a commission on the commission received by a first tier subcontractor.”

Question 10. Attachment B – Supplement to SF 1442 - How can we include items 2.B, 2.B-1, 2.B-2 and 2.C now?

Answer to Question 10.

All portions of Standard Form 1442 and the Supplement to Form 1442 must be completed in their entirety. The Guaranteed Maximum Price for this project is $60,000,000. The Guaranteed Maximum Price will be converted to a firm, fixed-price during the contract Question 11. Attachment B – Supplement to SF 1442 - Is the Fee (item 2.A) to be quoted now as a fixed price or as a % of construction cost?

Answer to Question 11.

Fees for Design Phase Services (2A) are to be provided as firm, fixed-price.

Question 12. It was stated in Amendment 4 that “The amount of the General Conditions must be indicated on the Supplement to Standard Form 1442.” There is no identified space of the form to identify the General Conditions. Also, General Conditions as defined in the solicitation are time sensitive items. How can cost for time sensitive items without a more defined scope of work and construction schedule?

Answer to Questions 12.

General Conditions should be calculated as part of the Estimated Cost of the Work. General conditions pricing should reflect an estimated amount of anticipated costs knowing that Division 1 specifications will be developed after award.

Question 13. - Attachment C – Certificate of Procurement Integrity. Where is this to be included in the proposal?

Answer to Question 14.

Include the Certificate(s) of Procurement Integrity as ad a part of your price proposal. The Certificate(s) of Procurement Integrity do not count toward the page limitation.

Question 15. In the Amendment dated May 21, 2009, Attachment A (f) 3. – How and when is the shared savings % determined?

Answer to Question 15.

The percentage of shared savings will remain as originally specified at 60 /40.

Question 16 - Does GSA require a complete, detailed estimate for the project?

Answer to Question 16.

A detailed estimate can be submitted by the offeror but is not required.

Question 17 - Will A Project Labor Agreement be required?

Answer to Question 17.

Project Labor Agreements will not be required for this project.

Clarification on the number of amendments:

With the exception of this amendment, There have been four (4) amendment issued as follows:

Amendment # 1 - Issued May 1, 2009, - Clarifications

Amendment # 2 - Issued May 15, 2009 - “Notice Update” Stage 1 Viability

Amendment # 3 - Issued May 19, 2009 - Building Information Modeling

Amendment # 4 - Issued May 21, 2009 – Clarification to Questions Please be sure to acknowledge all amendments in block 19 of the Standard Form 1442.

Proposals are due no later than Monday, June 15, 2009, 2:00 PM Eastern Standard Time to Leslie Smalls, Contracting Officer, General Services Administration, Public Building Services, Acquisition Services Division, 401 West Peachtree Street, NW, Suite 2500, Atlanta, Georgia 30308.

End of Amendment 5