GS-04P-09-EX-C-0078 Amendment 7.doc

George C. Young Federal Bldg & Courthouse

GS-04P-09-EX-C-0078

Orlando, Florida

10 June 2009

The Request for Proposal under Solicitation Number GS-04P-09-EX-C-0078 is hereby amended as follows:

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

CLARIFICATIONS TO QUESTIONS

QUESTION 1:

Please confirm what the building's structure is made of. From the Pre-Solicitation Tour it appeared that the building structure was cast in place columns and cast in place, post-tensioned floor slabs, with precast exterior walls. Is this correct?

Yes this is correct

QUESTION 2:

Has a survey of Harzardous Materials been done? If so, is a copy of it available for review?

Specifically:

Is there Asbestos Containing Material (ACM) Fireproofing? If so, where?

Is there ACM floor tile? Is so, where?

Is there ACM acoustical ceiling tile? If so, where?

Is there ACM containing mastic on the floors? If so, where?

Are there PCB's? If so, where?

Are there mercury containing devices? If so, where?

Is there lead paint? If so, where?

The survey work shall be completed by GSA Property Management. Hazardous materials do exist in very small quantities of VAT on the basement level. There is also some scattered ACM containing drywall joint material and some ACM acoustical treatment in the 3rd, 5th and 6th floor courtrooms (ceilings). The survey is to be provide to the selected CMC. It is the intent to do additional testing during design period to confirm results before more demo is completed.

QUESTION 3:

From the Pre-Solicitation Tour, it was evident that some mold exists in the building. However, the extent can't be determined without the removal of wall coverings, carpet, etc. For the pricing of the "early" Demolition Package (work to be performed while building is occupied), I believe the removal and replacement of moldy sheetrock should be EXCLUDED from the estimate, to be dealt with on a unit cost basis after award, IF found. Is this acceptable?

The minor demolition requires that none of the drywall be removed.

QUESTION 4:

Please provide a detailed definition of what the GSA considers to be included in each of the following line items:

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 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.

QUESTION 5:

As this is an existing building, can all work be done in "english" units, to match the units the building was originally build under?

Typically in these building renovations the government uses metric ceiling systems, but do go to soft metric elsewhere.

QUESTION 6:

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 Orlando, 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 Orlando experience?

2a should be submitted as projects that are similar per the definitions that are contained in the RFP and subsequent amendments. 2b should be submitted to show local Orlando market experience, as that is the market the project is located in.

QUESTION 7

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.

This is an opportunity to show how as a General Contractor the firm has preferred to handle disputes

QUESTION 8

Since laydown area is minimal, will it be possible to office out of the courthouse building itself during construction phase services?

Yes

QUESTION 9

Please confirm that the architect will provide the CMc with a full Revit file.

Full Revit architectural file, yes. MEP, maybe not. Answer: DLR is fully BIM integrated and the file will be made available. Their consultants may not be, negotiations are not concluded.

QUESTION 10

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

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 11

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

"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 12

Is the existing caulk on the exterior of the building to be removed and replaced?

YES

QUESTION 13

Is the exterior of the building to be power washed?

YES

QUESTION 14

I understand the design costs will be part of the $35 million budget. How much will the design costs be? (This tells us approximately how much money will be available for the actual construction.)

The $35 million is construction cost.

QUESTION 15

Please confirm if the exterior glazing of the building is to be removed and replaced?

Yes, the glazing will be replaced

QUESTION 17

Is the existing roof to be removed and replaced with a "white" or "green" roof for LEED?

The roof on the courthouse is a new roof and therefore will not need to be replaced.

QUESTION 18

From the site tour, it appeared that some of the Judge's Chambers had bullet proof glass inside the exterior windows. Please confirm if this is true. If so, is this bullet proof glass to remain or be removed and replaced? If bullet proof glass does not exist, please confirm if any will be required in the renovated building (for example, in Judge's Chambers, in FBI Tenant space, etc.

Exterior glazing will be replaced. There sill be bullet resistant transaction windows in the clerks and US attorney’s entrance lobbies .

QUESTION 19

Should we assume the courtrooms will be totally upgraded, including courtroom benches, spectator seating, witness boxes, ceilings, walls, AV / VD and technology, etc., per the Courts Design Guide?

Yes, they will be new courtrooms.

QUESTION 20

Please confirm if any anti-terrorism or prisoner movement upgrades are to be done to the building, such as:

--Adding a new prisoner Sallyport

--Adding, removing and replacing or upgrading a prisoner elevator?

--Revising existing "keyed" cells to "electronic"?

--Adding crash barriers, bollards, etc.?

--Revising the building to meet new blast standards?

There will be no anti-terror or prison improvement upgrades. There is no prisoner movement in bankruptcy courtroom.

QUESTION 21

Does the building have an existing Bio-hazard Mailroom? If so, does it need renovation? If not, will one be added?

No there is no Bio-hazard mailroom or plans to add one.

QUESTION 22

Should we assume the Judge's Chambers will be totally upgraded?

Yes

QUESTION 23

Please confirm if the following MEP systems are to be fully removed and replaced as part of this project:

--Dry and wet side mechanical?

--Fire protection systems?

--Fire alarm systems?

--Plumbing systems?

--Electrical systems?

--Low voltage systems? (AV / VD / Courtroom Technology)

Not all of the systems will be fully removed. Chillers and other systems in the basement will remain, sprinkler system will be modified, new fire alarm system will be installed, new low voltage system will be installed, new electrical distribution system will be installed, and main plumbing lines will be modified to accommodate new toilets and fixtures.

QUESTION 24

Are the GSA's fees included in the $35 million budget? If so, approximately how much are they (this will help us determine how much funding is actually available for construction).

There are no GSA fees in the budget.

QUESTION 25

Describe the management/reporting relationships between the GSA and CM, A/E, and CMc?

GSA is the owner, and all parties are agents to GSA.

QUESTION 26

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?

Yes

QUESTION 27

Which ruling will govern MBE/WBE participation goals, FAR 52.222-23 or GSAR 552.219-73?

Both the FAR and GSAR clause will be incorporated into the contract

QUESTION 28

Can you confirm the amount of Liquidated damages for substational completion and final completion?

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 29

Can the requirement for the establishment of a GMP be postponed until the design phase services and the actual design are completed and then be offered to the Government as a GMP for acceptance or rejection?

Postponing the GMP is not possible, the GMP established by the Gov't represents all of the funds budgeted for the Construction. The intent is for the CMc to keep the Design within this amount (Design Phase Services) such that GSA could award the construction.

QUESTION 30

Can the offer at this stage in the solicitation process be for the Design Phase Services and the Architectural Demolition (based on the drawings provided today by the Government) only?

The requirement is to have the two phases priced separately, with the option for the GSA to exercise the Construction Phase Work and/or demolition at a later date.

QUESTION 31

Can Price Item B-2 on the Attachment B be made an Owner Established Allowance at this stage, to be adjusted to an actual GMP amount once the design is completed?

The GMP established by the Gov't represents all of the funds budgeted for the Construction. The intent is for the CMc to keep the Design within this amount (Design Phase Services) such that GSA could award the construction

QUESTION 32

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?

This contract will not be awarded on a cost reimbursable basis. Reference Attachment A.

QUESTION 33

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?

This contract will not be awarded on a cost reimbursable basis. Reference Attachment A.

QUESTION 34

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?

No, we will not need cost or pricing data for the demolition or renovation work

QUESTION 35

In your e-mail transmitting drawings for the above-referenced project you state that “…the drawings should not be forwarded…”. Because a GMP is required to be submitted as part of the proposal, contractors may seek subcontractor input and, as such, these companies will need to review the documents. Please clarify restrictions on distribution of these documents.

The CMc can provide drawings to the subcontractor, if the CMc collects the drawings after the subcontractor use the.

QUESTION 36

Will a PLA (Project Labor Agreement) be required for the project?

The project is subject to the Davis Bacon Wage determination in effect at the time of award.

QUESTION 37

Specifications include requirement that all subcontracts contain a statement of the “open book”, or auditable, nature of the project. Subcontracts will be competitively bid and therefore should not be subject to audit. Please clarify this requirement.

We agree

QUESTION 38

Did you mean to infer liquidated damages and actual damages are one in the same? If $2000 per day is a minimum, is there a maximum?

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 39

Are all team members; “a” through “j” , inclusive of “major consultants” listed on page 37 of the rfp required to have one reference with the PM and Construction Supt required to have three references/one from a project submitted in Factor 2a.

Provide three references

QUESTION 40

The response should state “that damages will be assessed in the amount of actual damages the Government incurs for late delivery but will not be less more than $2,000.00 per calendar day.” This would be consistent with what is stated in Part 1, Paragraph 2.8.1 of the Request For Proposal.

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 41

In the event of a delay, could the actual damages exceed the liquidated damages of $2,000.00 per calendar day? Is so, what is the actual dollar amount of the liquidated damages that will be assessed for late delivery of this project beyond the contract completion date?

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 42

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?

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 43

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

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 44

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

Place the bid bond in the envelope with the cost proposal and label accordingly.

QUESTION 45

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?

‘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.

QUESTION 46

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?

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 presentation shall address both Design Phase Services and Construction Phase Work. The interview will be conducted in a on the spot question type format. The GSA is not specially 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 oral presentations:

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 47

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.

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 48

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

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

QUESTION 49

Let’s say that we and the designers all work diligently at keeping the project within the $35,000,000 GMP for the scope defined by the Owner but when it comes time to bid the project it comes in at $36,000,000 or higher. GSA could then accept the Option of our executed offer per the proposal for the $35,000,000 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.

Please reference subparagraphs (d) and (e) in Attachment A of the RFP.

Clarification on the number of amendments: With the exception of this amendment, there have been six (6) amendments issued as follows:

Amendment 1 = April 28, 2009 (only changed the title of the Solicitation Notice) Amendment 2 = May 1, 2009

Amendment 3 = May 6, 2009

Amendment 4 = May 18, 2009

Amendment 5 = May 21, 2009

Amendment 6 = June 1, 2009

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 Lawrence Hales, 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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