GS-04-P-17-BV-C-0001__Solicitation_package_20170130_final.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

GSA Solicitation No. GS-04-P-17-BV-C-0001

Document: DB201-1 / OCT 2016 (The Solicitation) Pages 1 of 16

Design Build Contract for the Bridging Design-Build construction services for the New U.S. Courthouse, Nashville, Tennessee The Solicitation, Phase 1 – Request for Qualifications

NOTICES FOR ALL PROSPECTIVE OFFERORS

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 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.

(The Solicitation) Pages 2 of 16

Table of Contents

I. General Information A. The Project B. The Solicitation and Contract C. List of Phase 1 Solicitation Documents D. Authorized Representatives E. Pre-Proposal Conference F. Estimated Price Range/Budget Amount G. Questions Regarding Phase 1 H. Receipt of Qualifications

II. Proposals

A. Proposal Contents B. Proposal Format C. Technical Proposal D. Other Information to Submit with Proposal E. Requirements for Joint Venture Offerors

III. General Provisions

A. Availability of Funds B. Request for Clarification C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Bond Requirements (Phase 2 Requirement) H. Contractor Performance Information I. Safeguarding Documents Designated as Sensitive But Unclassified J. Additional Security Requirements

IV. FAR/GSAR Solicitation Provisions To be issued in Phase 2

V. Additional Solicitation Provisions and Instructions

A. Additional Provisions B. Additional Clauses C. Fair Pay and Safe Workplaces Provisions and Clauses

VI. Method of Award A. Evaluation of Phase 1 Proposals B. Evaluation of Phase 2 Proposals C. Determination of Responsibility D. Price Reasonableness / Price Realism E. Unbalanced Prices F. Total Evaluated Price

(The Solicitation) Pages 3 of 16

G. Non-Price Factors H. Evaluation of Joint Venture Offerors

(The Solicitation) Pages 4 of 16

I. General Information

I.A. The Project The General Services Administration (GSA) intends to award a Bridging Design-Build (BDB) Contract for construction of a new U.S. Courthouse, located in the Nashville, Tennessee pursuant to the Federal Acquisition Regulation (FAR) Two-Phase Design-Build Selection Procedures (FAR Subpart 36.3). The project includes design-build services, demolition, construction and site development of 3.4 acres for the new Courthouse. The U.S. Courthouse of approximately 339,000 gross square feet includes underground structured parking. The tenant agencies for the project include: U.S. District Court; Probation; U.S. Marshals Service; Office of the U.S. Attorney, GSA/PBS Field Office; U.S. Senate and Randolph Sheppard Vending Machine Operator. The contract will be awarded as a firm fixed price for the design build services.

I.B. The Solicitation and Contract

(1) This procurement is being conducted using the two phase selection process found in FAR

36.3. Qualification proposals will be evaluated in Phase 1 to determine which offerors will submit proposals for Phase 2. One contract will be awarded using competitive negotiation. In Phase 1, GSA will select a short list of the most highly qualified offerors and request that those offerors submit Phase 2 proposals. All responsible sources may submit a Phase 1 proposal. A maximum of 5 firms will be selected to submit Phase 2 proposals. Only those selected offerors are authorized to submit Phase 2 proposals. Those offerors not selected for participation in Phase 2 will be notified. In Phase 2, Offerors may submit a price proposal subject to the Project Labor Agreement (PLA) requirements set forth in the Phase 2 solicitation (a PLA proposal), a price proposal not subject to the PLA requirements set forth in the Phase 2 solicitation, or both.

Any price proposal submitted in Phase 2 shall clearly identify whether it is subject to such PLA requirements.

(2) This Solicitation sets forth requirements for Phase 1 qualifications proposals and the evaluation factors for Phase 2 proposals for a Contract to construct the Project. 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.

(3) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

I.C. List of Phase 1 Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation - Phase 1

(2) Offeror Representations and Certifications Form

(3) Standard Form (SF) 1442 – Solicitation Offer and Award

(4) Draft of The Agreement

(5) The Scope of Work, Drawings, Exhibits, and other Attachments to the Agreement.

(The Solicitation) Pages 5 of 16

I.D. Authorized Representatives

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

(1) Contracting Officer

Name: Kiersten S. Mathews Address: 77 Forsyth Street SW, Atlanta, GA 30303

Telephone: (404)526.3125 Email: Kiersten.Mathews@gsa.gov

(2) Alternate Point of Contact

Name/Title: Freeman Randolph Address: 77 Forsyth Street SW, Atlanta, GA 30303

Telephone: (404) 331.4269 Email: Freeman.Randolph@gsa.gov

I.E. Pre-Proposal Conference [

NOTE: A Pre-proposal conference will not be held.

(1) A pre-proposal conference regarding this Solicitation is scheduled as follows:

While there is no pre-proposal conference, any potential offeror who is interested in physically seeing the site can contact the Contracting Officer with the required information below and a meeting can be coordinated.

Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend.

To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.F. Estimated Price Range or Budget Amount The estimated price range for the Project is between $120,000,000.00 and $140,000,000.00.

I.G. Questions Regarding Phase 1 Submit all questions regarding the Phase 1 to the Contracting Officer on or before January 4, 2017. Any responses provided by GSA will be posted on FedBizOpps as an Amendment to the Solicitation.

I.H. Receipt of Qualifications

(1) In order to be considered for Phase 2 and award, Phase 1 qualifications proposals conforming to the requirements of this Solicitation must be received at the following office no later than 4:00 pm local time on the following date and at the following address:

Date: March 13, 2017 Address: GSA/Acquisition Division Attn: Kiersten Mathews, 77 Forsyth Street SW, Atlanta, GA 30303 Electronic submissions should be sent to Kiersten.Mathews@gsa.gov mailto:Kiersten.Mathews@gsa.gov mailto:Kiersten.Mathews@gsa.gov

(The Solicitation) Pages 6 of 16

(2) All submittals must clearly indicate the solicitation number.

(3) 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. Offers sent by facsimile will not be accepted.

(4) 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 Content Proposals shall consist of the following documents, completed and executed in accordance with this Phase 1 Solicitation:

(1) Technical Proposal

(2) Other Documents as Required

II.B. Proposal Format Firms responding to the Phase 1 Request for Qualifications shall submit one (1) original emailed and two (2) copies submitted on a thumb drive of the required technical information. The submission should be in an 8-1/2” x 11” pdf format and should be organized to correspond with the evaluation factors listed below. Standard Form 330 is not required. The total submission should not exceed 50 8-1/2”x 11” pages (not including Cover Letter, Table of Contents, or Section Separators), with one-inch margins, and shall be in a standard font a minimum of ten

(10) points or a maximum of twelve (12) points in height, single-spaced. All proposals must be current. GSA shall evaluate all responses in accordance with the criteria stated in the Federal Business Opportunity (FedBizOpps) website. Phase I factors and evaluations are independent of the Phase II factors and evaluation. The Phase I factors and evaluation will only be used to evaluate and select firms to compete in Phase II.

All Phase One Proposal development costs shall be borne by the Offerors without reimbursement from GSA.

II.C. Technical Proposal

Proposals must address the technical approach, technical qualifications, and the other Phase 1 evaluation factors stated herein. Any proposal that does not meet all of the following criteria will be rejected as unresponsive.

The factors being evaluated below are listed in descending order of importance.

The SSEB will be limited to reviewing only projects of similarity. All projects submitted should be relative in type, scope, and complexity to this project.

Factor 1: Technical Qualifications (Firm) Factor 2: Past Performance of Offeror’s Team Factor 3: Resources, Facilities, and Technology

(The Solicitation) Pages 7 of 16

These factors consider the Offeror successfully completing similar or relevant projects.

“Similar” and “Relevant” are defined as Design-Build or Bridging Design-Build projects of multi-story (6-story minimum) construction containing a minimum of 250,000, gross square feet. These structures can include courthouses and Class A office space, with a construction cost of a minimum of $100 million. Particular emphasis is placed on a proposals demonstrating experience of the total project. Proposals demonstrating Federal Courthouse experience, bridging or design-build delivery, in an urban environment shall be judged more favorable than proposals reflecting less experience. Projects in which the primary function is to serve as a residence such as condominium complexes, apartment complexes, dormitories, education facilities, sport facilities, hospitals or hotels, and projects in which the primary function is retail, such as shopping malls, big box stores, and strip malls, will not be considered similar for the purposes of this evaluation.

Factor 1: Technical Qualifications (Firm) This factor will evaluate the Offeror’s Firm and Designer of Record specialized experience, technical competence, and capability to perform. For this factor, Offerors must identify by name its member firms, both General Contractor (GC) and Designer of Record. If an Offeror consists of more than one GC or more than one Designer of Record, then the Offeror must identify by name its lead GC and its lead Designer of Record. The currency and relevance of the information, source of the information, context of the data, and general trends in performance will be considered. Offeror with demonstrated experience performing in the project area will be considered more favorable. Project area is defined as area in and within 150 miles of Davidson County Tennessee.

Offerors shall address the following in its technical submission for this evaluation factor:

1. Most Relevant Project Summary (MRPS) –Offerors shall provide a list of at least one (1), but no more than six (6), relevant projects that are ongoing (65% or greater) or have been completed within the last seven (7) years of this RFQ issue date. The list can include projects performed by the GC, and/or the Designer of Record. More favorable consideration will be given to those firms who have worked together on relevant projects. Design Phase Services and Construction Phase Work can be represented by a single project and Offerors are encouraged to submit projects wherein both types of services were provided on the same project; however, separate projects can be submitted in response to Phase I Factors 1 and 2. The Offeror is defined as the team that serves as the Prime Contractor and the Designer of Record for the project. The MRPS shall not exceed four sheets for each Project. For purposes of evaluation, the term relevant projects are those that contain all or some of the following characteristics:

Characteristics:

• Original and final contract value of Offeror’s contract; Contract value at award must be in excess of $100,000,000

• Size: 250,000 gross square feet or larger

• Delivery Method: Use of Design-Build or Bridging Design-Build (BDB) as the delivery method – projects using other delivery methods (CMc, design-bid-build, etc.) will be evaluated less favorably than Design-Build or BDB projects. If bridging design-build: include name of lead designer bridging A/E firm and point of contact information

(The Solicitation) Pages 8 of 16

• Green and Sustainable requirements (ex. SSI and/or LEED® certified)

• Physical site constraints

• Urban Center/Downtown environment

• Phased turnover1

• Utility infrastructure2

• Nashville location and experience with Dade County construction requirements

• Brief description of key firm’s roles and responsibilities;

• Used Building Information Modeling (BIM) in the design and/or construction;

and

• Had the Government as a client (Federal, State and/or Local).

Information Required:

i. Companies performing the Project (Offeror, GC, Designer of Record, or others as applicable);

ii. Name and location of the Project;

iii. Contract type;

iv. Name and current telephone number of the owner’s representative most knowledgeable of the Project;

v. Contract number for Government contracts (if applicable);

vi. Offeror’s team members’ role or roles (firm) on the Project (prime or subcontractor/sub-consultant);

vii. Percentage increase or decrease in final cost from the original contract value;

viii. Scheduled and actual contract completion dates for Offeror’s contract;

(include explanations for any growth or decrease experienced in cost, time or both);

ix. Percentage increase or decrease in scheduled time from original contract completion date;

x. Offeror’s (or affiliated firms) ownership or partial ownership in the Project, if any;

xi. Cost and schedule performance;

xii. Claims submitted: amount of days and dollars requested; amount of days and dollars settled;

xiii. Description of the incentive pricing structure utilized, if any, and the benefits realized by the Offeror and the Owner; and

xiv. Change Orders: number of change order and total amount that are attributable to unforeseen conditions and or design deficiencies, e.g., design errors or omissions and the likes.

1 Defined as “areas” of the construction that is completed and turned over to the tenant. For example, once floor one is completed, it is turned over to the tenant and second floor construction begins.

2 “Utility infrastructure” shall mean any above ground structure, which a Contractor constructs, erects or places on a site, and is attached or affixed to something having a permanent location on or under the ground which is used to provide its services to customers.

(The Solicitation) Pages 9 of 16

xv. Narrative that describes the Project attributes listed and any other information the Offeror deems relevant to this solicitation;

2. Local Market –For each the GC and Designer of record, describe knowledge and experience with local markets, subcontractors, the general labor market, materials and local government in the location where the project is being built;

Nashville, TN (Davidson County).

Factor 2: Past Performance of Offeror’s Team This factor will evaluate the extent to which the Offeror’s Team has a successful and satisfactory track-record on relevant projects. Offeror’s past performance will be evaluated based on the information received as part of the past performance questionnaires, phone interviews with identified customers on the Most Relevant Project Summaries (MRPS), project descriptions, and relevance summaries. The Government may also consider information obtained from any other sources. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably.

Information Required:

Past Performance Questionnaires:

Offerors shall be responsible for initiating a request for questionnaires for at least one (1) of the projects selected from the MRPS. Offerors shall complete the top section of the “Past Performance Questionnaire,” which is included as an attachment to this SSP, and request that the reference complete the remaining sections and send directly to the Contracting Officer to ensure receipt no later than the Phase One Proposal due date and time.

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, business relationship, continuity of personnel, qualification of personnel, etc. The Government will not consider or evaluation past performance information, good or bad, received from questionnaire respondents that does not relate to the project listed in the questionnaire in their submission.

Offerors are responsible for ensuring that the references provided are willing and available to be contacted by the Government. If, after three (3) attempts to contact the reference, the Government is unable to speak directly with the reference provided, the lack of speaking to a reference may result in a neutral rating of this element.

Factor 3: Resources, Facilities, and Technology.

This factor considers the resources and facilities available to the BDB Contractor and how they are integrated in the offerors approach to the design-build delivery process:

Information Required:

1. Describe resources, facilities and technology available and planned to be used in connection with the performance of the project

(The Solicitation) Pages 10 of 16

2. Describe ability, experience and resources in reviewing drawings using computer aided design (CAD) and Building Information Modeling (BIM) during design and construction.

Evaluation of Past Performance will be a subjective assessment. The Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction, timely delivery of services, adherence to contract schedules, subcontractor management, safety management, quality control programs, good workmanship, conformance to specifications, and fair and reasonable prices. The Government may choose to contact additional customer(s) not provided by an offeror and may obtain additional information through other sources, such as the Past Performance Retrieval System (PPIRS), and phone interviews using all DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.

If the offeror is a joint venture, information submitted for a party to the joint venture will not be evaluated to the extent that the terms of the joint venture agreement limit such party's performance or financial obligations as a party to the Contract contemplated by this Solicitation.

II.D. Other Information to Submit with Proposal

(1) Proof of Registration in the System for Award Management (https://www.sam.gov)

(2) Proof of Bonding Capacity to $140,000,000.

(3) Signed Sensitive but Unclassified (SBU) information Form. (Attachment 5)

II.E. Requirements for Joint Venture Offerors

(1) All offers submitted by joint ventures must include a copy of the joint venture agreement 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 submission accompanying an offer regardless of any agency relationship established between the members.

(3) 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. Requests 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 https://www.sam.gov/

(The Solicitation) Pages 11 of 16 requests will be answered the day designated in the schedule for submission of questions.

Therefore, prospective Offerors should make such requests by the deadline outlined in this solicitation. (See Section I.G. of this solicitation.

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. Reserved

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 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 (Phase 2 Requirement) If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond 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 Federal acquisition community for use in making source selection 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 http://www.cpars.gov/

(The Solicitation) Pages 12 of 16 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 the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

III.J. Additional Security Requirements To be added to Phase 2 Solicitation

IV. FAR/GSAR Solicitation Provisions

To be issued with Phase 2 Solicitation.

V. Additional Solicitation Provisions and Instructions

V.A. Additional Provisions

52.223-21 -- Foams (Jun 2016)

(a) Definitions. As used in this clause--http://www.cpars.gov/allapps/cpcbtdlf.htm

(The Solicitation) Pages 13 of 16

“Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G. with supplemental tables of alternatives available at http://www.epa.gov/snap/).

“Hydrofluorocarbons” means compounds that contain only hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor shall reduce its use, release, and emissions of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract. When determining feasibility of using a particular alternative, the Contractor shall consider environmental, technical, and economic factors such as--

(1) In-use emission rates, energy efficiency, and safety;

(2) Ability to meet performance requirements; and;

(3) Commercial availability at a reasonable cost.

(c) The Contractor shall refer to EPA’s SNAP program to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap/.

(End of clause)

V.B. Additional Clauses V.B.1. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 (IBR)

V.G. FAR 52.222-60 Paycheck Transparency (Executive Order 13673) (IBR)

VI. Method of Award

VI.A. Evaluation of Phase 1 Proposals The Government will evaluate Phase 1 proposals based on the following evaluation factors and short list a maximum of five offerors to submit Phase 2 proposals:

Factor 1: Technical Qualifications (Firm) Factor 2: Past Performance of Offeror’s Team Factor 3: Resources, Facilities, and Technology) http://www.epa.gov/snap/ http://www.epa.gov/snap/

(The Solicitation) Pages 14 of 16

VI.B. Evaluation of Phase 2 Proposals The Government will award a contract resulting from this Solicitation to the responsible Offeror whose offer conforming to the Solicitation will be most advantageous to the Government, Total Evaluated Price and other factors considered. In addition to Total Evaluated Price, the following Phase 2 non-price factors shall be used to evaluate offers:

Factor 1: Quality of Design Concept Factor 2: Qualifications, Experience and Past Performance of Key Personnel Factor 3: Management Plan and Technical Approach Factor 4: Project Labor Agreement Factor 5: Small Business Plan

VI.C. Determination of Responsibility In order to be considered responsible, an Offeror must demonstrate that it meets the requirements of FAR 9.104-1. The Contracting Officer's determination of an Offeror's responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer, and is independent of the evaluation of offers set forth herein.

VI.D. Price Analysis and Price Realism Analysis

(1) In Phase 2, the Contracting Officer will use Price Analysis to analyze the Offeror’s proposal to ensure that the final agreed-to-price is fair and reasonable. In performing Price Analysis, the Contracting Officer may use, singly or in combination with others, the analytical techniques described in FAR 15.404-1, to ensure that the final price is fair and reasonable. The Contracting Officer may request the advice and assistance of other experts to ensure that appropriate Price Analysis is performed.

(2) In addition, the Contracting Officer will use Price Realism Analysis in conjunction with the evaluation of the offeror’s Quality of Design Concept to measure an Offeror's understanding of the requirements and to assess the risk inherent in an Offeror's proposal. Accordingly, Offerors are advised that a business decision to submit significantly low pricing will be considered as reflecting on their understanding or the risk associated with their proposals. Price Realism Analysis will not be used for the purpose of determining the probable cost to the Government.

VI.E. Unbalanced Prices Phase 2 offers must include balanced prices. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices.

Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of price analysis techniques. All offers with separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced. If price analysis techniques indicate that an offer is unbalanced, the contracting officer shall: (i) Consider the risks to the Government associated with the unbalanced pricing in determining the competitive range and in making the source selection decision; and (ii) Consider whether award of the contract will result in paying unreasonably high prices for contract performance. An offer may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

(The Solicitation) Pages 15 of 16

VI.F. Total Evaluated Price The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). Total Evaluated Price shall be calculated using the prices indicated in the Phase 2 Price Proposal using the formula in the Phase 2 Solicitation.

VI.G. Non-Price Factors

[Factor 1: Technical Qualifications (Firm) Standard for Evaluation: Project organizations with significant/relevant experience with projects of size, scope and complexity will be judged more favorably than proposals reflecting less experience. Project summaries will be judged less favorably if it is not evident that sufficient experience is not directly ascertainable.

The standard is met when:

a. Offeror provides at a minimum one (1) relevant project with completed information.

b. The Most Relevant Project Summary (MRPS) is completed within the last seven

(7) years of this RFQ issue date. All of the requested information is provided for each project on the MRPS.

c. The submission describes Offerors knowledge of local markets, subcontractors, the general labor market, and local government in the area for which this project is being built. A more favorable evaluation is given for Offerors with experience in local markets, with subcontractors, with the general labor market, and with local government in the area the building is being built

d. Project organizations with significant/relevant experience with projects of size, scope and complexity will be judged more favorably than proposals reflecting less experience. Project summaries will be judged less favorably if it is not evident that sufficient experience is directly ascertainable.

Factor 2: Past Performance of Offeror’s Team Standard for Evaluation The standard is met when:

a. Offeror’s Performance Questionnaire is provided for at least one (1) of the projects selected from the Most Relevant Project Summary (MRPS) and have been completed with an “good” or higher rating within the last seven (7) years. A more favorable evaluation is given to new construction projects that were bridging design-build or design-build, had green and sustainable requirements;

used Building Information Modeling (BIM) in the design; and had the Government as a client (Federal, State and/or Local).

b. References indicate that projects have been completed by meeting or exceeding the customers’ requirements as set forth in the construction contract documents (drawings and specifications), within established budgets and on schedule, with a minimum number of Requests For Information (RFIs) resulting in contractor requested change orders, with the majority of responses rating GOOD or EXCELLENT shall be evaluated more favorably.

(The Solicitation) Pages 16 of 16

Factor 3: Resources, Facilities, and Technology.

Standard for Evaluation: Project organizations that demonstrate resources, facilities and technology described above will be judged more favorably than those that do not demonstrate such abilities. An Offeror presenting clear and complete experience with systems described above will be judged more favorably.

The standard is met when:

• Offeror provides a narrative in connection with the information required including, depth of resources, facilities and technology available and planned for the project

• Offeror describes ability and experience in reviewing drawings using computer aided design (CAD) and Building Information Modeling (BIM) during design and construction.

VI.H. Evaluation of Joint Venture Offerors

In the evaluation of responsibility and non-price factors, information submitted for a party to the joint venture will only be evaluated to the extent that the terms of the joint venture agreement do not limit such party's performance or financial obligations as a party to the Contract contemplated by this Solicitation.

Document: C301/ JAN 2016 (Offeror Representations and Certifications) Page 1 of 8

Offeror Representations and Certifications

1. FAR 52.204-8 Annual Representations and Certifications (Jan 2016)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 236220 (Commercial and Institutional Building Construction).

(2) The small business size standard is $36.5 million average annual receipts.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(Offeror Representations and Certifications) Page 2 of 8

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations— Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(Offeror Representations and Certifications) Page 3 of 8

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(Offeror Representations and Certifications) Page 4 of 8

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(Offeror Representations and Certifications) Page 5 of 8

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on

SAM.

(End of Provision) https://www.acquisition.gov/

(Offeror Representations and Certifications) Page 6 of 8

2. 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE…