TheSolicitation_GreenvilleSC.pdf

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

Construction Manager as Constructor (CMc) Contract for the New Greenville, South Carolina Federal Courthouse Project

The Solicitation

GSAM 552.219-71, Notice to Offerors of Subcontracting Plan Requirements (MAR 2012)

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 $700,000 ($1,500,000 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.

Notice of Apprenticeship Programs

GSA is promoting the use of registered apprenticeship programs on this project. An Apprenticeship Plan is required after the award.

Notice of Equal Employment Opportunity (EEO) Compliance Plan

GSA has partnered with the Department of Labor to ensure compliance with equal employment opportunity requirements that apply to this project. An EEO Compliance Plan is required after the award.

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, Construction Contingency Allowance, and Shared Savings

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

F. FAR 52.236-27 Site Visit – Construction G. 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 and Interpretation C. Notice to Small Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Bond Requirements H. Contractor Performance Information I. Safeguarding Documents Designated as Sensitive But Unclassified J. Additional Security Requirements

IV. FAR/GSAR Solicitation Provisions 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. Small Business Subcontracting Plan I. Project Labor Agreement J. GSAR 552.252-5 Authorized Deviations in Provisions K. FAR 52.252-1 Solicitation Provisions Incorporated by Reference L. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Additional Solicitation Provisions, Clauses and Instructions

A. Additional Provisions B. Certified Cost or Pricing Data C. Additional Clauses

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

D. Fair Pay and Safe Workplaces Provisions and Clauses E. Paycheck Transparency (Executive Order 13673)

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

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to provide Design Phase Services and the option(s) for Construction Services at a Guaranteed Maximum Price (GMP Option) for constructing the Project described in the Solicitation Documents. 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.

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer for the design phase services and construction of the Project. 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 – CMc201/October 2016

(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

(6) Davis Bacon Act Wage Determination

(7) Standard Form 24 – Bid Bond

(8) GSA Form 527: Contractor’s Qualifications and Financial Information

(9) Statement of Work

(10) Drawings

(11) Specifications

(12) Past Performance Questionnaire

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

I.C. Authorized Representatives

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

Contracting Officer Name: Swindale Rhodes Address: 77 Forsyth Street, Atlanta, GA 30303 Telephone: 404-331-4620 Email: swindale.rhodes@gsa.gov

Alternate Point of Contact Name: Julius Teal Telephone: 404-987-1257 Email: Julius.teal@gsa.gov

I.D. Pre-Proposal Conference A pre-proposal conference regarding this Solicitation was held as follows:

Date: 5/25/2017 Time: 10:30 am

Location: Jacobs Technology, Inc.

1041 East Butler Rd.

Greenville, SC 29606

I.E. Magnitude of Construction, Construction Contingency Allowance, and Shared Savings

(1) The maximum budget for this contract is $80,000,000. The Government will not accept any proposals which exceed this amount.

(2) The CMc Contingency Allowance (CCA) is three percent (3%) of the Estimated Cost of the Work (ECW), as defined in the Agreement.

(3) The Contract contemplated by this Solicitation provides for shared savings.

I.F. 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.

Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

(2) Offerors are encouraged to walk the site prior to attending the pre-proposal conference and Small Business Networking Session. GSA officials will be onsite May 25 from 8:30 am - 9:30 am. The site is mailto:swindale.rhodes@gsa.gov mailto:Julius.teal@gsa.gov http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017 located at the corner of East North Street and North Spring Street and is bounded by E. North Street, N.

Spring Street, E. Coffee Street and N. Irvine Street.

(3) Pre-registration was required for all attendees for the pre-proposal conference. Attendees were limited to not more than three (3) representatives from each Offeror. Offerors were required to submit a Pre-Proposal Registration Notice identifying all attendees from their respective team.

I.G. 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 Eastern Standard Time on the following date and at the following address:

Date: 6/30/2017

Address: Attention: Swindale Rhodes, Contracting Officer 77 Forsyth Street

Atlanta, GA 30303

(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 office designated for receipt of offers on or before the date established for receipt of offers.

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 Certification

(4) Subcontracting Plan, if required

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

(6) Certification of CAS compliance

(7) Past Performance Questionnaires (See submission instructions, Evaluation Factor #2).

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

(8) Offeror Representations and Certifications Form

II.B. Proposal Format

Offerors who wish to submit an offer will be required to submit one (1) original and seven (7) copies of both the technical and price proposals at the same time.

The proposal package shall be comprised of two sealed envelopes, one to contain one original and seven copies of the technical proposal to be marked “TECHNICAL PROPOSAL” and the other to contain one original and seven copies of the price proposal to be marked “PRICE PROPOSAL”. All envelopes shall clearly identify the firm’s name and address.

The technical proposal should be organized to correspond with the evaluation criteria listed herein. The Technical Proposal shall not contain more than 45 double sided, numbered pages inclusive of the table of contents, charts, exhibits, and any other materials the Offeror deems required for each technical evaluation factor listed herein for which the Offeror is addressing, with the exception of the Project Labor Agreement (PLA) and Subcontracting Plan. The Technical Proposal page limitation does not include the PLA, the Subcontracting Plan submission or other requirements. A page is defined as double sided sheet of content.

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 for design phase services 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) Project Labor Agreement

Offerors may submit a price proposal subject to the Project Labor Agreement (PLA) requirements set forth in this solicitation (a PLA proposal), a price proposal not subject to the PLA requirements

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017 set forth in this solicitation, or both. Any price proposal submitted shall clearly identify whether it is subject to such PLA requirements.

II.D. Technical Proposal

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

*These six (6) factors are listed in descending order of importance.

FACTOR #1: Qualifications and Experience of Key Personnel (30%)

The Offeror must submit the following information at a minimum:

The Offeror shall identify the personnel they propose to fill the key team member positions listed in the RFP and/or as necessary for successful contract performance and state their roles and responsibilities on the project. The Offeror shall provide evidence of the competency, past performance, qualifications and related experience of key team members. If key team members did not work on the projects submitted under Evaluation Factor Number 2, the Offeror shall provide contact information for two business or job related references who can provide thorough knowledge of the details of the individual’s performance in a similar position on a similar project. The Offeror shall provide resumes for each key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, professional awards received, and work experience (including roles) over the last ten (10) years. Provide a matrix chart clearly identifying the roles that key team members held on the projects submitted under Factor 2, Past Performance and Experience in providing Design and Construction Phase Services on Similar projects. CMc key team members shall include the following:

● Construction executive

● Project Manager/Coordinator

● Cost Estimator(s)

● Construction Superintendent

● Quality Control Superintendent

● Project Engineer

● Scheduler

● Safety Program Coordinator

● MEP Coordinator

● Commissioning Coordinator

● BIM Coordinator

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

Offerors should clearly indicate in their submittal any of key personnel who will be represented by the same individual.

FACTOR #2: Past Performance and Experience in providing Design and Construction Phase Services on Similar projects (25%)

The Offeror shall submit a minimum of two (2) similar projects completed in the last six (6) years in which the Offeror used Construction Manager as Constructor or Construction Manager at Risk delivery. Projects submitted in response to the RFP must be 100% complete as of the submission date of initial proposals to be considered relevant for this factor. For each project submitted, the Offeror shall describe in detail design and construction phase services provided, to include project planning, value engineering and cost savings, independent cost estimating, design and constructability reviews, problem/issue resolution and stakeholder engagement, coordination, phasing plan development (if any), CPM development, and site logistic planning necessary to complete the project within the prescribed budget (GMP) and a fixed schedule. The Offeror shall also define, for each project submitted, the size, overall project scope and complexity, planned and actual budget (GMP), planned and actual schedule, cost control and cost tracking methods, and schedule control. The Offeror shall indicate, in its written submission, whether liquidated damages were assessed against the Offeror due to late completion and/or any claims that were submitted by or against the Offeror. The Offeror shall also indicate the dollar value and number of contractor requested changes for each project submitted, if any. The Offeror shall also describe if any incentive pricing structures were utilized for the projects submitted. The Offeror shall describe in detail significant challenges encountered during construction for each project provided in response to this factor that affected or had the potential to adversely affect the project. The Offeror shall discuss how each challenge was identified, evaluated, and managed in order to get the project completed.

The challenges should show the Offeror’s ability to problem solve. The challenges will not be evaluated on whether or not they impacted the project but on the Offeror’s problem identification and resolution proficiency.

Offerors must also submit a Past Performance Questionnaire (PPQ) (See Attachment E), completed by the applicable reference, for each project submitted in response to this evaluation factor. The questionnaire will ask, but not be limited to, questions relating to ratings of the Offeror’s timeliness of performance, cost control, quality of product or services, business relationship, continuity of personnel, qualification of personnel, etc. Completed PPQ’s shall be submitted directly to the attention of the Contracting Officer, Swindale Rhodes, via email at swindale.rhodes@gsa.gov prior to initial proposal submission date. It is the Offeror’s responsibility to ensure correct phone numbers and email addresses are provided for the point of contact and to follow up with clients/references to ensure timely submittal of questionnaires. Offerors may resubmit questionnaires previously submitted with other proposals within the past 12 months or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017 submitted for other RFPs/ RFQs. Offerors shall also include performance recognition documents received within the last five (5) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

A "similar” project is defined as new construction, (non renovations) of an office building, or similar Class A building of at least 100,000 gross square feet with construction costs greater than $50,000,000.00 completed within the last six (6) years. Class A Office space as defined by BOMA is a building type that is of “the most prestigious buildings competing for premier office users with rents above average for the area. Buildings have high quality standard finishes, state of the art systems, exceptional accessibility and a definite market presence.”

FACTOR #3: Management Approach (20%)

The Offeror shall provide a detailed management plan that includes the following:

Overall Approach: The Offeror shall describe their approach for successful performance of base contract design phase services including, but not limited to, schedule development, cost-estimating and cost-reconciliation services, key subcontractor or subject matter expert coordination and participation, value engineering services, constructability reviews, communication and stakeholder engagement that will be provided for the project. The Offeror shall also describe their approach to executing the construction phase work including, but not limited to CPM schedule requirements, cost control including contingency management, change order management, “open book accounting,” and site logistics and constraints.

Staffing Plan: The Offeror shall provide a complete staffing plan detailing all team members to be assigned to this project. Suggested team members may include the following: Corporate Construction Executive, Project Coordinator, Project Manager - Pre-Construction Phase and Construction Phase, Engineering Review Coordinators, Key Subcontractors (i.e., mechanical, electrical, structural, elevators, building enclosure, etc.), Cost Estimating Staff, Scheduler, Construction Superintendent, Quality Control Superintendent, Project Engineer, LEED Coordinator, Fire, Life and Safety Coordinator, Testing Engineering firms, and other key individuals. The staffing plan should include an Organizational Chart and Lines of Authority for both preconstruction and construction phases. For each key person, the Offeror shall identify the proposed duties in the project; whether the person is a part-time or full-time employee, the amount of time anticipated to be spent on-site and the amount of time anticipated to be spent in the home office. The Offeror shall designate and identify on-site key personnel having signatory authority who can bind the contractor in negotiations for changes and sign letters and contract modifications.

Quality Control Plan (QCP): The Offeror shall describe the process that will be utilized for planning, organizing, coordinating and controlling the execution of the construction work to achieve the

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017 owner’s quality requirements with minimal or zero rework. The Offeror shall also address methods that will be employed to monitor and accomplish the project’s schedule and to track and control project costs against the GMP while achieving the owner’s quality requirements. The plan should address the coordination, development and review of shop drawings, samples and submittals.

Inspections/Tests shall demonstrate how the Offeror successfully implements commissioning to include the process of identifying, testing, correcting and follow-up for major building systems/features.

Safety: The Offeror shall include their current and previous EMR in their written submission.

Recycling, Green Building Process, LEED and Sustainable SITES Strategies: The Offeror shall address how they will achieve the owner’s project requirements with regard to LEED, Sustainable SITES and High Performance Green Building Systems.

FACTOR #4: Geographic/Market Presence (10%)

The Offeror shall describe its knowledge of and experience with local markets, subcontractors, suppliers, vendors, the general labor market, and local government in the area for which this project is being built. “Area” is defined as being within 150 miles circumference from the geographical state (South Carolina) in which the project to be built is located.

FACTOR #5: Project Labor Agreement (PLA) (10%)

A proposal submitted subject to the PLA requirements set forth in the solicitation will receive full credit under this evaluation factor. A proposal submitted not subject to such PLA requirements will receive no credit under this evaluation factor.

FACTOR #6 - Utilization of Small Business (5%)

The Offeror shall submit the following information:

(A) For Offerors other than small businesses, a Subcontracting Plan shall be submitted. Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor in your proposed Subcontracting Plan. Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor. State the extent of work, including type and percentages, you plan to subcontract to LB, HUBZone, SB, SDB, WOSB, VOSB, SDVOSB firms, and if applicable, HBCU/MI. The Offeror, who did not meet its Small Business percentage goals on existing/prior contract vehicles, shall address improvements to those goals in the proposed new Plan. The Plan should include specific, concrete

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017 actions that the Offerors will take to create opportunities and to enhance maximum practicable opportunities. It should not consist of non-specific promises and platitudes. If the Offeror does not intend to subcontract, provide a detailed explanation why subcontracting would not result in efficient contract performance.

GSA has established subcontracting goals of at least 29% of the subcontracted effort to small businesses. Of the total subcontracted effort, the targets are a minimum of 3% to HUBZone firms, 6% to SDB firms, 5% to WOSB firms, 5% to VOSB firms and 3% to SDVOSB firms. Large Business firms will be evaluated against these stated targets with more favorable evaluation given to firms that exceed these targets. Small businesses that respond to this criteria as a prime that choose to submit a subcontracting plan based on the above subcontracting goals will also be evaluated more favorably.

(B) The Offeror shall also submit the following information for two (2) recently completed projects (projects do not have to be relevant projects): 1) The complete identity of the project along with a point-of-contact and contact information; 2) The dollar value of the project specific to your firm’s contract amount; 3) Target small business subcontracting goals for your firm prior to beginning the project; 4) Specific small business subcontracting goals reached by your firm at completion of the project; 5) Rationale or explanation where target subcontracting goals were not achieved; 6) Final or latest eSRS reports correlating from the two (2) recently completed projects.

(C) Provide information on any awards you received within the past three years for outstanding support to HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms. Include the total dollar value and the percentage of work subcontracted to LB, HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms for each project submitted in response to this evaluation factor. If subcontracting was not used on submitted projects, provide an explanation as to why for each category.

Greenville, SC Courthouse Subcontracting Goals Model

Small Business Category Goal

Small Business 29.00%

Small Disadvantaged Business 6.00%

Women-owned Small Business 5.00%

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

HUBZone Small Business 3.00%

Veteran Owned Small Business 5.00%

Service-Disabled Veteran-owned Small Business 3.00%

II.E. Other Information to be Submitted 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 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 (CMc301).

(2) Qualifications of Offerors – Financial Capacity Criteria

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.

(3) The Offeror must submit certification from a Certified Public Accountant (CPA) that the Offeror’s accounting system provides for the following:

● The accounting system is in accordance with Generally Accepted Accounting Principles (GAAP).

● There is proper segregation of direct costs and indirect costs.

● There is proper identification and accumulation of direct costs by contract.

● There is a labor time distribution system that charges direct and indirect labor appropriately.

The GAAP Certification must be provided from the accountant directly to the Contracting Officer by the submission date for initial proposals.

The Offeror must submit all disclosures in accordance with FAR 52.230-1, Cost Accounting Standards Notice and Certifications and FAR 52.230-7, Proposal Disclosure – Cost Accounting Practice Changes.

II.F. Requirements for Joint Venture Offerors https://www.sam.gov/

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

(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 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. Request 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 will not warrant that all such requests received within 10 calendar days prior to the receipt of proposals will be answered before such date. Therefore, prospective Offerors should make such requests not less than 10 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 http://www.sba.gov/

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017 identity of those submitting offers, the number of offers received, or the information contained in such offers will 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 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

The Contract contemplated by this Solicitation provides for a Guaranteed Maximum Price (GMP) with CMc Contingency Allowance (CCA), and determines the contractor's compensation in a manner significantly different from a firm-fixed-price contract.

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. Bond Requirements

A bid guarantee will be required 90 days prior to the exercise of the Construction Option. The option award will require performance and payment bonds as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.H. 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 the Federal acquisition community for use in making source selection http://www.cpars.gov/

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017 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.I. Safeguarding Documents Designated as Sensitive But Unclassified

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 Section III.A. of the Agreement (Administrative Matters) as a condition of receipt of such information.

III.J. Additional Security Requirements

(1) GSAM/GSAR 552.204-9 Personal Identity Verification Requirements. (Oct 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.

http://www.cpars.gov/allapps/cpcbtdlf.htm http://www.gsa.gov/hspd12

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

(End of clause)

(2) All contractors interested in attending the pre-proposal conference must pre-register. Please see section I.D. related to pre-proposal conference.

(3) FAR 52.204-9 -- Personal Identity Verification of Contractor Personnel (JAN 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 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)

(4) GSAM 552.204-9 Personal Identity Verification Requirements.

As prescribed in 504.1303, insert the following clause:

Personal Identity Verification Requirements (Oct 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.

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

(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)

(5) FAR 52.204-21 – Basic Safeguarding of Covered Contractor Information Systems.

As prescribed in 4.1903, insert the following clause:

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 Web sites) 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.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P890_115865 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/04.htm#P890_115865

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

○ (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.

○ (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.

● (End of clause)

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.215-1, Instructions to Offerors—Competitive Acquisition (JAN 04) Alt 1 (OCT 97)

(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.

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

“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 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;

(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.

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

(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.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

GSA Solicitation No. GS-04-P-16-BV-C-7005 May 15, 2017

(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 provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction.