Amendment 7.doc

Robert Smith Vance FBCT

GS-04P-09-EX-C-0077

Birmingham, Alabama

29 May 2009

The Request for Proposal under Solicitation Number GS-04P-09-EX-C-0077 is hereby amended as follows:

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

CLARIFICATIONS TO QUESTIONS

Question 1. If we are proposing to submit as a joint venture, are we required to register in CCR as the joint venture for our response to the solicitation or can we submit each joint venture partners individual company information for the proposal?

Answer to Question 1. Companies proposing as a joint venture are not required to be registered jointly in the Central Contractor Registration (CCR) prior to proposal submission. If successful, the joint venture is required to be in CCR prior to award.

Question 2. Item 8.2, Technical Proposal states, If the Offeror is a joint-venture or part of a partnering agreement, all firms composing the Offeror shall provide the information requested in 9. Does this mean each firm is required to submit three projects for Factor 1 and Factor 2?

Answer to Question 2. The joint-venture (or partnering team) is required to submit a minimum of three projects for Factor 1 and a minimum of three projects for Factor 2.

Question 3. Attachment B – Supplement to SF 1442 - Define Overhead and Commission as indicated in item 1.B, 2.A and 4.

Answer to Question 3. 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 4. 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 4. 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 $32,000,000. The Guaranteed Maximum Price will be converted to a firm, fixed-price during the contract.

Question 5. 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 5. Fees for Design Phase Services (2A) are to be provided as firm, fixed-price.

Question 6. 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?

Question 7. Reference is made to Attachment B. Please clarify which line the estimated general conditions amount is to be inserted.

Question 8. If General Conditions cost is to be identified on the Supplemental Form 1442 as indicated in a previous Amendment, it seems very difficult to quantify the cost for these services without a more defined scope of work. If a General Conditions cost is to be provided, is it to be considered a firm fixed price or subject to modification once the scope is better defined?

Answer to Questions 6, 7, and 8. 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 9. Attachment C – Certificate of Procurement Integrity. Where is this to be included in the proposal?

Answer to Question 9. Include the Certificate(s) of Procurement Integrity as an exhibit to the proposal. The Certificate(s) of Procurement Integrity do not count toward the page limitation.

Question 10. In the Amendment dated May 21, 2009, Attachment A (f) 3. – How and when is the shared savings % determined?

Answer to Question 10. There is no shared savings in this contract.

Question 11. Reference is made to Part 1, Paragraph 2.8.1, 'Liquidated Damages', line 3 reading in part "actual damages". This reference to actual damages conflicts with FAR 52.211-12, stating 'liquidated damages in the amount of $2,000.00 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 11. 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 $2,000.00 per calendar day.

Question 12. Reference is made to Part 3, Paragraph 2.1.h). 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 12. 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 13. Reference is made to Part 3, Paragraph 2.1.j) Tenant Representative. Please clarify the role and responsibilities of this individual.

Answer to Question 13. 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 14. With respect to the mandated (Amendment No. 4) pricing of general conditions, may the CMc assume that the phasing plan may be modified to reduce the calendar day duration? Please clarify the autonomy, if any, that Offeror's may make in their proposals regarding construction duration.

Answer to Question 14. The phasing plan may be reduced but the contract duration will remain at 900 calendar days. Price for the duration as indicated. However, it is expected that the successful Offeror will submit reductions during the design phase for consideration as a possible savings.

Question 15. With respect to the mandated pricing of general conditions, 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 15. It is anticipated that the CM will be providing no more than five full-time on-site personnel. The number of personnel will be determined as the design begins to be developed.

Question 16. With respect to the mandated pricing of general conditions, 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 16. Division 1 Specifications have not been developed yet. What is currently known has been provided in the Request for Proposal. General Conditions pricing should reflect an estimated amount of anticipated costs knowing that Division 1 specifications will be developed after award.

Question 17. 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 17. The CMc is not responsible for errors and omissions but should help the Owner identify these during their review of the design documents.

Question 18. 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 18. The Construction Contingency Allowance (CCA) will be used to correct design errors and omissions. The Guaranteed Maximum Price (GMP) will not be adjusted for design errors and omissions unless the total of such changes exceeds the CCA. It is the intent of the government to use the CCA first for changes related to design errors and omissions. If the amount of the CCA is exceeded for design errors and omissions, then it is possible that GMP may be adjusted.

Question 19. Which Certs and Reps are required? Those we complete using the Online Representations and Certifications Application (ORCA) or the information in the Solicitation?

Answer to Question 19. 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 20. We understand that we are submitting a firm fixed price for the Design Phase Services. We are submitting estimated costs for all construction phase services; there are no drawings or specs, or even a clearly defined scope yet, for all of those services. Are we correct that the bid guarantee (bid bond) covers only the fixed price proposal for the Design Phase Services?

Answer to Question 20. The bid bond covers the fixed-price proposal for Design Phase Services and the proposal for the Construction Phase Work.

Question 21. What is the unit for Extended Overhead required on Attachment B (Supplement to SF 1442)? Is it dollars or percentage? You provide the units on all the other categories.

Answer to Question 21. The unit for Extended Overhead should be expressed in dollars ($) per calendar day.

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

End of Amendment 7

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