Amendment 8.doc

Robert Smith Vance FBCT

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

Birmingham, Alabama

10 June 2009

All questions and clarifications to this solicitation are no longer accepted.

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

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.

A Pre-Proposal Conference was held on Thursday, May 28, 2009. Attendees included:

Balfour Beatty Construction

Batson-Cook Company

BECK

BE&K Building Group/A KBR Company

B.L. Harbert International

Brasfield and Gorrie

CST Environmental

Hoar Construction

Holder Construction Company

JE Dunn Construction

McDonogh Boyard Peck

Mortenson Woodwork

Saber

Skanska USA Building

Vulcan Painters

Walbridge

Warrior Group

White Construction Company

The Whiting-Turner Contracting Company

CLARIFICATIONS TO QUESTIONS

Question 1. We want to understand what GSA wants to accomplish with the bid bond as our bonding company will ask us specifically. If it is to get assurance of bondability, would not a letter from them indicating our capacity suffice?

Answer to Question 1. The function of a bid bond is to provide the government with a financially responsible party who will pay all or a portion of the damages caused if the bidder to whom a contract is awarded refuses to enter into it.

Question 2. If the $3M bid bond is required, then under what circumstances could the bond be called upon?

Answer to Question 2. If the CMc defaults, the Government (GSA) can call on the bid bond. The bid bond insures that the all costs incurred by the Government associated with the default are paid.

Question 3. Would you like us to insert the Bid Bond within our bound submittal, or should we put this in a separate envelope, labeled accordingly?

Answer to Question 3. Place the bid bond in the envelope with the cost proposal and label accordingly.

Question 4. Is there a specified duration for the design phase services? It was stated there will be an overlap in design phase and construction phase. The pricing for design phase services are a function of time. By specifying the duration, the Offerors should be more consistent in their responses.

Answer to Question 4. Reference Page 4 of the solicitation, Section 2.7, Anticipated Award Period. The Government anticipates award of this (CMc) contract by August 1, 2009, for Design Phase Services, which will coincide with the start of Schematic Design. Building construction is tentatively scheduled to begin in March 2010. The overall project schedule is proposed as follows:

Program Development Study - April 2005

Architectural/Engineering Awarded – August 2009

Construction Manager as-Agent Awarded - August 2009

Construction Manager as-Constructor Awarded - August 2009

Final Concept Design Approval - January 2010

Design Development Phase - July 2010

100% Design Completion - July 2010

Construction Start – March 2010

Testing & Commissioning of Building Systems - July-December 2011

Substantial Completion - March 2012

Occupancy & Rent Start - March 2012

The Government does not guarantee award within these periods nor shall the Government be liable for any costs should award occur before or after such periods. Because the CMc will be on board at the onset of design, the CMc will be involved in creating early construction packages (if possible), provide valuable construction knowledge, and provide CM services for management of the overall project. To support the requirement of the ARRA, a major objective is to provide work as soon as possible for the American people: the A-E will be working to develop separate construction packages for specific systems and large work items prior to final design to promote this objective. The following separate packages should be considered for early development: (1) Boiler replacement; and (2) Exterior renovation package.

Question 5. Please clarify regarding the HUB Zone evaluation. Is this to be included in the RFP – where?

Answer to Question 5. A subcontracting plan shall be submitted for review prior to award of the Construction Phase Work option in accordance with page 44 of the solicitation. GSAR 552.219-71 Notice to Offerors of Subcontracting Plan Requirements. (June 2005) The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an Offeror, other than a small business concern, before being awarded a contract exceeding $500,000 ($1,000,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract. (End of provision) Question 6. Which ruling will govern MBE/WBE participation goals, FAR 52.222-23 or GSAR 552.219-73?

Answer to Question 6. Both the FAR and GSAR clause will be incorporated into the contract.

Question 7. I understand that the goals of the project discussed at the Pre-Proposal Conference are conceptual and that there are no firm design plans as no architect has been selected yet. However, I understand that a preliminary design calls for (i) an exterior stair to become an interior stairwell and (ii) a new interior elevator to be installed, with both of these items modifying / effecting two judges' chambers. Can you confirm if these points are indeed included as part of the stimulus funds renovation project, and if they are can you provide me with additional information and details about these plans?

Answer to Question 7. Funding for this project was made by the 2009 American Recovery and Reinvestment Act. A preliminary scope of work for this project is included as an attachment to the RFP, Attachment G Program Development Study. The building has undergone renovations since the Program Development Study. It is the intention of the Government to define the scope based on a collaborative effort from all project team members using the Program Development Study as a base document and also considering facility improvements since it was published.

Question 8. Are floor plans available for this facility?

Answer to Question 8. Floor plans are available for the facility and will be made available to the successful Offeror after award.

Question 9. When is Alabama Power cutting off the Steam to the existing facility?

Answer to Question 9. It is the Government’s understanding that Alabama Power will be terminating steam to the building in early 2011.

Question 10. Can you give us some idea of the number of occupants currently in the building?

Answer to Question 10. Such information will be disclosed after award to the successful Offeror.

Question 11. Are the Exhibits to the Program Development Study are available. We only have the body of the report. References were made that this information would be made available to the successful CMc. This information would be helpful at this time.

Answer to Question 11. Reference Question 22, Amendment 6 dated 21 May 2009.

Question 12. Regarding damages for late delivery, please confirm that there are only Liquidated Damages at $2,000 per day and not Actual Damages?

Answer to Question 12. Liquidated damages will be assessed in the amount of actual damages the Government incurs for late delivery but will not be MORE than $2,000.00 per calendar day.

Question 13. You mentioned in a site visit that the requirement for a past performance/experience projects (Factors 1 and 2) to be "completed" means they have to be completed by the end of calendar year 2009. Is that true?

Answer to Question 13. ‘Complete’ is defined as being substantially complete on or before June 15, 2009. Substantially complete generally occurs when the owner is able to use the project for the purpose intended.

Questions 14-16. We understand that a fixed-price contract will be awarded for the Design Phase CMc services. The RFP states that the Government can exercise an option for demolition work, and an option for the remaining renovation work, subject to the terms set forth in the RFP. The demolition work and remaining work will be negotiated and may be awarded on a cost reimbursable basis. Negotiated contracts and cost reimbursable contracts are typically subject to federal CAS, unless covered by an exception in 48 CFR 9903.201-1(b). The CAS clauses are not all incorporated into the RFP here.

Question 14. Does the Government intend that this contract, including any and all options exercised by the Government and paid on a cost reimbursable basis, be exempt from CAS under 48 CFR 9903.201-1(b) (15), because this contract is initially being awarded as a fixed priced contract for Design Phase Services, with options for later work?

Answer to Question 14. This contract will not be awarded on a cost reimbursable basis. Reference Attachment A.

Question 15. If the answer to the first question is no, will CAS standards apply to each negotiated option or change order in excess of $7.5m on this contract, unless some other exception in 48 CFR 9903.201-1(b) applies?

Answer to Question 15. This contract will not be awarded on a cost reimbursable basis. Reference Attachment A.

Question 16. Will the successful offeror be required to submit cost and pricing data with respect to the demolition work? With respect to the remaining renovation work?

Answer to Question 16. The successful Offeror will be required to submit cost and pricing data to all work items in this contract.

Question 17. During the Pre-Proposal Conference it was mentioned that there would be a matrix indicating what items were to be considered as General Conditions.

Answer to Question 17. The General Conditions are the contract documents or contractual provisions set forth by the Government (GSA) stipulating the offeror's performance requirements.

Question 18. At the Pre-Proposal Conference it was stated that general conditions was part of the construction cost and that the only items we were quoting at this time were Design phase fees and Construction phase fee. Please clarify, are we suppose to quote construction phase general conditions at this time?

Answer to Question 18. Complete all line items on Attachment B, Supplement to Standard Form 1442.

Question 19. The answer to Question 3 in Amendment 7 does not provide a clear definition of what is to be included in Overhead, Profit and Commission. The point of confusion for us is what is considered cost of work and what is considered overhead and profit? In most instances, all direct job cost including on site staff cost, bonds, insurance etc. are considered cost of work items and not overhead. We would typically define overhead as home office cost and support and include that in our overall fee. Please confirm if this is accurate or provide a clear definition of Overhead.

Question 20. Please explain what is meant by commission. Is it different than overhead and profit?

Answer to Questions 19 and 20.

DESIGN PHASE SERVICES:

Overhead - Overhead expenses typically are costs on the income statement except for direct labor and direct materials.

Profit – Profit typically is considered the total dollar amount paid to a contractor for performance over and above allowable costs (Federal Acquisition Institute’s Cost Analysis Guide).

Commission – Commission is a fee that is typically paid to contractors for work that is performed under subcontract and completed by forces other than the contractor’s own.

CONSTRUCTION PHASE WORK:

Overhead - Overhead expenses typically are costs on the income statement except for direct labor and direct materials.

Profit – Profit typically is considered the total dollar amount paid to a contractor for performance over and above allowable costs (Federal Acquisition Institute’s Cost Analysis Guide).

Commission – Commission is a fee that is typically paid to contractors for work that is performed under subcontract and completed by forces other than the contractor’s own.

Question 21. Item 3.3.1 requires the Contractor to pay for all utility costs as a part of the General Conditions to be included in the construction phase fee for services. Without a full scope defined, how can we identify what the utility cost will be at this time?

Answer to Question 21. Submit all costs as specified on Standard Form 1442 and Attachment B, Supplement to Standard Form 1442.

Question 22. It would appear from the scope developed 5 years ago that the 2nd floor was being renovated for a new tenant. I would assume that since the current scope of work replaces the water lines, fire alarm system, HVAC Controls, etc. that the second floor systems would need to be updated as well. The other concern is that when the third upper floor renovations are performed the ceilings on the 2nd floor will have to be accessed. Further any new required building risers will have to be installed through this finished space. I’m sure this will be worked out during the design and planning phase of the project.

Answer to Question 22. The fire alarm work and the installation of new stairs will affect the second floor through new penetrations. However, the project has not been designed so additional work and/or unforeseen site conditions may require other work on the second floor.

Question 23. Will the interviews be conducted the week of June 15? Have the exact days and times been determined? Will the GSA conduct a formal interview structure that we need to be made aware of? Are there limitations on time for setup, presentation, questions & answers, etc? Will we have access to audio/visual equipment or should we bring our own?

Answer to Question 23. All Offerors should be prepared to provide interviews as part of their Stage 2 submittal. However, only Offerors determined to be in the competitive range will be requested for an interview. All Offerors will be notified in writing whether they are in the competitive range prior to interviews.

ON THE PROPOSAL COVER LETTER, PROVIDE CONTACT INFORMATION (Name, Mailing Address, Electronic Mail Address, Office Phone, Cell Phone and Fax Number) FOR TWO PEOPLE WITHIN THE COMPANY THAT CAN RECEIVE SUCH NOTIFICATION.

The interviews will be held on the 18th floor of the Peachtree Summit Federal Building, 401 West Peachtree Street, NW, Atlanta, GA, 30308, on June 17, 18 or 19, 2009. The purpose of the interviews is to augment the written submittals and to provide an opportunity for dialogue among the parties. The dialogue will follow the criteria as set forth in the FAR sections 15.102 and 15.306. The Offerors shall clarify through the interview process their responses to the evaluation factors as specified in the RFP. The interviews shall address both Design Phase Services and Construction Phase Work. The interviews will be conducted in an on-the-spot question type format. GSA is not interested in a PowerPoint-type presentation. Questions will not be available prior to the interview session.

The Offerors shall be required to include the following personnel in the interviews:

Corporate Construction Executive or Project Coordinator

Project Manager – Design Phase Services

Project Manager – Construction Phase Work

Construction Superintendent

Other staff as necessary to address Design Phase Services including cost estimating, design reviews and quality control.

Each interview shall be limited to 60 minutes unless agreed upon by the Offeror and the Government at that time. Discussions will be permitted during interviews in accordance with FAR section 15.306(d)(3).

Question 24. Regarding Factor 4: Safety Plan & Quality Control Plans. Can we simply summarize in our submittals the safety plan and quality control plan to meet the page limit guidelines.

Answer to Question 24. Summaries of the Safety Plan and Quality Control Plan are acceptable in the submission to meet page limitations.

Question 25. Subfactor 2a requests projects submitted that meet the “similar” criteria regardless of location. Subfactor 2b specifically asks about local experience and market/labor knowledge. If our projects submitted for 2a are located in cities other than Birmingham, shall we submit an answer that addresses the local experience of the project submitted (ie: Atlanta), or shall we submit an answer that addresses our Birmingham experience?

Answer to Question 25. Submit an answer to Subfactor 2b that addresses your experience in or around Birmingham, Alabama.

Question 26. Subfactor 2c requests we address the way our firm handles construction claims/litigation and to provide information on any claims within the last ten years. This is a single corporation-wide answer, not specific to the projects submitted in 2a. Please confirm.

Answer to Question 26. Provide all claims that your firm has engaged in for the past ten years. Our interest is in how your firm has handled disputes.

Question 27. Please confirm that the form of contract will consist of the response to the RFP and the “Construction Contract Clauses (Fixed Price),” pages 98 through 202 of the RFP.

Answer to Question 27. The form on contract will include the Request for Proposal, the responses to the proposal, all negotiations leading to award and all attachments to the Request for Proposal.

Question 28. Will the Construction Manager as-constructor (CMc) report to the Construction Manager as-agent (CMa) or the Government (GSA)?

Answer to Question 28. Only the Government will have contractual authority for the Construction Manager as-constructor (CMc). The Construction Manager as-agent will have oversight responsibilities.

Question 29. Amendment 6 and 7 reference General Conditions and Part 4-Submission Requirements, paragraph 5. Our copy of the RFP makes no mention of General Conditions. It says “Price stated on from 1442- Solicitation, Offer and Award, and attachment will be evaluated considering the following” The Total Price is cost of construction and all other costs associated with providing the services required in accordance with the RFP.” Is there another version of the RFP?

Answer to Question 29. Price will be evaluated based information submitted on Standard Form 1442 and Supplement to Standard Form 1442.

Question 30. Can you provide a list of the firms responding to the RFP?

Answer to Question 30. It is unknown who will be responding to the RFP.

Question 31. We would like to request an extension of the due date to June 22, 2009.

Answer to Question 31. Due to the aggressive time frame for this project, an extension cannot be granted.

Question 32. Question 5 on Amendment 7 asks about the fee for line item 2A on the Supplement to the SF 1442 (Attachment B). The answer references the fee for design phase services as 2A but 2A is the fee for construction phase work.

Answer to Question 32. That is correct.

Question 33. The language in the RFP and Attachment A seem to conflict. On page 4, item 2.6 indicates that the designer will design to $32 Million to include design phase services and implies that we will collectively work to that number. In Attachment A, the first section seems to conflict with the language in item 2.6

Question 34. Template Attachment A, CMc Clause, provides at paragraph (b)9 that the term “Guaranteed Maximum Price” means “the maximum amount the government will pay for construction phase work”. The Government’s answer to questions 2, 3, 4 and 5 (21 May) states that the “Guaranteed Maximum Price for this Project is $32,000,000.” The 1442 Supplement appears to define Guaranteed Maximum Price consistent with these two points, as it equates Construction Phase costs with “Guaranteed Maximum Price” in item 2D. Paragraph 2 of the Part 1, Project Overview, however, states that “the guaranteed maximum price for this scope of work is $32,000,000, for combined Design Phase Services and Construction Phase work ”. Questions: (a) Is the $32,000,000 ceiling price just for the Construction Phase, or for both construction and design? (b) If the latter, does the form 1442 Supplement need to be revised so that the Total Offered Price in block 3 is the Guaranteed Maximum Price, which cannot exceed $32,000,000? And, does the CMc clause need to be revised at paragraph (b) 9 to state that the Guaranteed Maximum Price includes Design Phase Services?

Answer to Questions 33 and 34. The fee for Design Phase Services is included in the Guaranteed Maximum Price of $32 Million.

Question 35. Are additional tours being permitted in the building?

Answer to Question 35. The Government is not arranging additional site visits.

Question 36. Is there a minimum or maximum "self performed work" percentage on the Young Courthouse Project? If so, that is (are) the percentages?

Answer to Question 36. Per FAR 52-219-14 the prime contractor must self perform at least 15% of the construction work. "Percent of self-performed work" is calculated by dividing the above defined cost of "self-performed work" by the "total cost of the contract" and multiplying the result by 100.

Question 37. If there is a "self performed work" percentage required, what is the GSA definition of what can be considered "self performed work"?

Answer to Question 37. "Self-performed work" generally includes costs for: mobilization and utilization of owned or rented plant and equipment to be operated by the contractor's own employees and labor associated with the aforementioned equipment; contractor's own labor to fabricate or to install materials into the finished construction; performance by the contractor's own employees of design work, land surveys and other engineering or technical specialist services required by the contract; supplies to directly support the aforementioned work to be accomplished by the contractor's own employees; and the contractor's own job overhead costs. Contractor markups for profit, general and administrative overhead, bonds, or other indirect costs on "self-performed" or subcontracted work are not "self-performed work" and are to be excluded from "total cost of the contract" for calculation purposes. Rental of plant or equipment for operation by subcontractors is not "self-performed work" but shall be included in the "total cost of the contract" for calculation purposes . Cost of materials to be incorporated into the work and supplies to support other than construction by the contractor's own employees are excluded from the above definition. Do not include these costs in the calculation.

Question 38. Are GSA's fees included in the $32 million construction budget? If so, approximately how much are they (this will help us determine how much funding is actually available for construction)?

Answer to Question 38. There are no GSA fees in the construction budget.

Question 39. Describe the management/reporting relationships between the Government (GSA) and Construction Manager as-agent (CMa), the Architect/Engineer (A/E) and the Construction Manager as-constructor (CMc)?

Answer to Question 39. GSA is the public owner and all parties are agents to GSA.

Question 40. The RFP states that the project must be LEED certified. Is this a contractual requirement of all parties, and what actions are taken if this is not achieved?

Answer to Question 40. The project must be LEED certified and this is a contractual requirement.

Question 41. Let’s say that we and the designers all work diligently at keeping the project within the $32,000,000 GMP for the scope defined by the Owner but when it comes time to bid the project it comes in at $33,000,000 or higher. GSA could then accept the Option of our executed offer per the proposal for the $32,000,000 GMP. Then as per Attachment A, as revised in Amendment 5, paragraph (a) starting in line 8 requires that “If the sum of the ECW, CCA and Fee is greater than the GMP, the Fee shall be adjusted to reduce the sum to the GMP.” In other words it appears that if the actual ECW, with CCA and Fee exceed the GMP for the same scope of work as defined in the RFP, then we will have to cut our Fee accordingly. If our Fee was 4% or $1,400,000 we could actually end up in the negative through no real fault of ours.

Answer to Question 41. Please reference subparagraphs (d) and (e) in Attachment A of the RFP.

There have been eight (8) amendments issued to this solicitation as follows:

Amendment 1 dated April 28, 2009

Amendment 2 dated May 4, 2009

Amendment 3 dated May 6, 2009

Amendment 4 dated May 18, 2009

Amendment 5 dated May 18, 2009

Amendment 6 dated May 21, 2009

Amendment 7 dated May 29, 2009 Amendment 8 dated June 10, 2009

Please be sure to acknowledge all amendments in block 19 of the Standard Form 1442.

End of Amendment 8

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