Construction_Solicitiation_Full_and_Open_DB_Solicitation_2_Phase_Part_I.pdf

GSA Solicitation No. GS-04-P-17-BV-C-0003

Document: DB201-1 / DEC 2016 (The Solicitation) Pages 1 of 28

Design Build Contract for the Hiram Ward Federal Building in Winston Salem, NC Veterans Administration Regional Office (VARO) Renovation Project: The Solicitation, Phase 1 – Request for Qualifications

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

(The Solicitation) Pages 2 of 28

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. FAR 52.222-62 Paid Sick Leave D. FAR 52.222-60 Paycheck Transparency

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

(The Solicitation) Pages 3 of 28

I. General Information

I.A. The Project This project is for the Design/Build Construction of Class A Office Space for the Hiram Ward Federal Building and Courthouse located in Winston Salem, NC. The Veteran Administration Regional Office (VARO) is requesting renovation of all work areas on six (6) floors that is currently located in the Hiram Ward Federal Building at 251 North Main Street; Winston Salem, NC 27110. The building will remain occupied throughout the construction. The project will help improve security and reduce the amount of lease space currently in use by the VARO.

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

I.D. Authorized Representatives

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

(The Solicitation) Pages 4 of 28

(1) Contracting Officer

Name: Joseph Ardoin Address: 77 Forsyth Street, Southwest Atlanta, GA 30303

Telephone: (404) 772-8076 Email: joseph.ardoin@gsa.gov

(2) Alternate Point of Contact

Name/Title: Cathal Duffy Address: 77 Forsyth Street, Southwest Atlanta, GA 30303

Telephone: (404) 536-8845 Email: cathal.duffy@gsa.gov

I.E. Pre-Proposal Conference [

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

Date: 01/11/2017 Time: 2:00 p.m. to 4:00 p.m.

Location: a telephone conference call with call in number: (712) 432-1212 meeting identification number: 358-947-132

(2) 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 $5,000,000 and $ 10,000,000

I.G. Questions Regarding Phase 1

Submit all questions regarding the Phase 1 to the Contracting Officer on or before 01/16/2017.

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: February 03, 2017 Address: 77 Forsyth Street, Southwest; Atlanta, GA 30303

(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.

(The Solicitation) Pages 5 of 28

(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 pre-solicitation notice shall submit three (3) 8-1/2” x 11” hard copy bound proposals and one (1) electronic copy on a USB flash drive of the required technical information. Electronic submission should be a PDF file. In the event of a discrepancy, the PDF copy on the USB flash drive shall be the controlling document. Please ensure that the PDF file is a “read only” document. The total submission should not exceed 15 double-sided 8- 1/2”x 11” pages for a total of 30 pages (not including Cover Letter, Table of Contents, or Section Separators), with one-inch margins, and in a font not less than 12-point in size. Font style is optional. 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 based on its submission to the pre-solicitation notice.

II.C. Technical Proposal

A. Evaluations Evaluations will be conducted in accordance with terms and conditions established herein.

B. Mandatory Requirements Upon receipt of Qualifications the Contracting Officer, Joseph Ardoin, will conduct an initial screening for responsiveness to and compliance with the solicitations terms and conditions, which include review of the mandatory Go/No Go factors as listed in the solicitation, and excerpt of which is included below, ensuring all mandatory attachments are included, all necessary forms are signed, and ensuring compliance with the solicitation’s page limitations.

The following evaluation factors will be evaluated on a “go/no-go” basis; i.e., Offerors not meeting all of the following criteria will be eliminated from further consideration. The Contracting Officer will make the initial determination as to offer responsibility/responsiveness, and submit only those offers meeting the following mandatory requirements to the SSEB for full evaluation:

1. Proof of SAM.gov Registration

2. Proof of bonding capacity of at least $10,000,000 in the form of a letter from Surety that demonstrates necessary bonding capacity

3. Signed Sensitive but Unclassified (SBU) Information Form

(The Solicitation) Pages 6 of 28

All firms found to be responsive will undergo a reference checks on similar projects by calling all references included in the offeror’s proposals and completing the electronic reference check form. In order to ensure fairness and consistency across all Offerors, the reference check team will divide up the task by type of similar project reference, .i.e. one member of the team will handle all of the similar project references for new construction, another member will handle all R&A construction, another handle all new design, and one member handle all R&A design. In addition all references will be asked the same questions; specific to the type of reference (Construction or Design) and only the answers to those questions will be recorded on the similar project reference check forms. Finally the reference check team will make three attempts to contact each reference, and if they are unable to make contact after three attempts, that information will be notated on the reference check form.

The Contracting Officer will also assemble CPAR Reports and Evaluations using PPIRS The “best value continuum concept” (FAR 15.101) will be utilized in this procurement for the evaluation of offers and the selection of the successful Offeror. This process permits trade-offs amongst cost or price and non-cost (technical) factors and allows the Government to accept other than the lowest price proposal or other than the highest technically rated Offeror. The Government will select the proposal that represents the best value based on the evaluation of both price and technical factors as specified. Technical evaluation factors when combined are significantly more important than cost or price

C. Elements of the Evaluation Process

Evaluation Criteria The following criteria represent the factors that will be used by GSA’s Source Selection Evaluation Board in evaluating and selecting three (3) Offerors for Phase II. The proposals submitted by the Offerors will be evaluated against the criteria set forth in the solicitation.

The factors below consider the Offeror successfully completing similar projects. “Similar” is defined as Design-Build or Bridging Design-Build renovation projects of multi-story construction containing a minimum of 40,000 gross square feet. Examples of such “similar” building structures include courthouses, hospital facilities, Class A office space, research laboratories, and government facilities with a minimum construction cost of $5 million. The Government’s preference is that the renovations include historic structures, building additions, and the work was completed while the building was fully or partially occupied.

Factor 1: Specialized Experience and Technical Competence – (Weight 45%) Factor 2: Past Performance of Offeror’s Team – (Weight 45%) Factor 3: Technical Approach. (Weight 10%)

Each of the three factors includes various elements. These elements are not sub-factors and as such will not be individually scored.

Factor 1: Specialized Experience and Technical Competence (Weight 45%). This factor will evaluate the specialized experience and technical competence of the Offeror’s Design-Build Team, including the designer and constructor. For this factor, Offerors must identify by name its member firms, both designer (Architect-Engineer) and constructor. Accordingly, this factor will evaluate the extent of the Offeror’s experience with similar project types.

(The Solicitation) Pages 7 of 28

Experience will be evaluated based on the information received for this factor.

Information Required:

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

a. Provide three (3) similar projects completed within the last 10 years, of which at least one

(1) was substantially or contractually completed within the last seven (7) years of this Solicitation issue date. Provide the name and location of each project along with a brief description of the scope, including the date the original building was constructed. Provide the project delivery method of each project (design-build or bridging design-build) and the name of the designer (Architect/Engineer) and of the constructor for each project along with a brief description of their roles and responsibilities.

1. Describe how each project is similar to this project requirement in this solicitation.

Submit the description of any unusual physical site constraints that had to be overcome for each project.

2. Provide the contract award amount at time of initial award and final contract amount (including all modifications) for each project.

b. Describe Offeror’s knowledge of and experience with the Winston Salem, NC local subcontractors, the general area labor market, and city and state government.

Standard for Evaluation The standard is met when:

Factor 1

a. The Offeror submits three (3) similar projects, of which at least one (1) was substantially or contractually completed within the last seven (7) years of this Request for Qualifications (RFP) issue date. Name and location of each project along with a brief description of the scope, including the date the original building was constructed is provided. The project delivery method of each project (design-build or bridging design-build) is provided. Name of the designer (Architect/Engineer) and of the constructor for each project along with a brief description of their roles and responsibilities.

1. The Offeror describes how each project is similar to this project requirement in this solicitation. Offeror submits description of any unusual physical site constraints that had to be overcome for each project.

2. The contract award amount at time of initial award and final contract amount (including all modifications) is provided for each project.

b. Offeror shows knowledge of and experience with the Winston Salem, NC local subcontractors, the general area labor market, and city and state government by illustrating past relationships with local subcontractors.

Factor 2: Past Performance of Offeror ‘s Team (Weight 45%). This factor will evaluate the extent to which the past performance of the Offeror’s Team, including the designer and constructor have a successful and satisfactory performance record on similar projects providing

(The Solicitation) Pages 8 of 28 design and construction services over the last seven (7) years. For this factor, Offerors must identify by name its member firms, both designer and constructor. Accordingly, this factor will evaluate the extent to which the Offeror has a successful and satisfactory track record on similar projects.

Past performance will be evaluated based on the information received for this factor and references.

Information Required:

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

a. Offeror shall provide three (3) similar projects, of which at least one (1) was substantially or contractually completed within the last seven (7) years of this RFP issue date. The Offeror may use the same projects submitted in Factor 1 if they are substantially or contractually completed. The Offeror is defined as the design-builder that will contract with the Government.

Provide the name and location of each project along with a brief description of the scope, including the date the original building was constructed. Provide the name of the member firms for each project. At a minimum, the designer (Architect/Engineer) and constructor must be provided. In addition, provide the following information for each project submitted for evaluation:

1. Demonstrate how each project is similar and comparable in scope and complexity to the project requirement for this RFP.

2. Provide the contract award amount at the time of initial award and the final contract amount (including all modifications) for each project. Provide how the costs were managed during the execution of each project. Describe all scope changes during each project, who initiated them and how they were managed.

3. Provide the performance period at the time of initial award and the actual performance period for the contract of each project. Provide how the schedule was managed during the execution of each project, and if the performance period increased, provide the reasons why it did so.

4. Describe any key features or constraints that required additional effort, creativity, or innovations to successfully complete each project (e.g., a limited budget, accelerated schedule, difficult site, unusual functional requirements, or phased construction in an occupied space).

5. Provide a minimum one (1) reliable* reference to complete the Questionnaire for each project submitted in accordance with the Instructions for the Questionnaire.

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. In cases where the Offerors member teams (designer and constructor) have not worked together on similar projects the Offeror may submit projects that demonstrate the work of either the designer or constructor or both.

*The term reliable relates to the ability of GSA to readily contact these references.

b. Provide a list of all claims submitted by the Offeror's member teams with the last five years. For each claim briefly describe the claim and the final resolution, if already resolved.

Standard for Evaluation The standard is met when:

(The Solicitation) Pages 9 of 28

a. The Offeror submits three (3) similar projects, of which at least one (1) was substantially or contractually completed within the last seven (7) years, with Design Phase Services and Construction Phase Work.

1. Offeror demonstrates how each project is similar and comparable in scope and complexity to the project requirement for this RFP.

2. Offeror provides the contract award amount at the time of initial award and the final contract amount (including all modifications) for each project; how the costs were managed during the execution of each project; and describes all scope changes during each project, who initiated them and how they were managed.

3. Offeror provides the performance period at the time of initial award and the actual performance period for the contract of each project; provides how the schedule was managed during the execution of each project, and if the performance period increased, provides the reasons why it did so.

4. Offeror describes any key features or constraints that required additional effort, creativity, or innovations to successfully complete each project (e.g., a limited budget, accelerated schedule, difficult site, unusual functional requirements, or phased construction in an occupied space).

5. Offeror had at least one (1) reliable references complete the Questionnaire for each project submitted and sent to GSA in accordance with the Instructions for Questionnaire.

6. A list of all claims by the Offeror's member teams with the last five years was submitted.

For each claim a description of the claim and the final resolution, if already resolved, was submitted.

Factor 3: Technical Approach (Weight 10%). This factor will evaluate the Offeror’s Technical Approach to performing site investigation, design and construction document preparation, project management, construction, contract administration, and how the Offeror plans to achieve the project requirements.

Information Required:

a. General Approach:

Offerors shall describe their general approach to managing and delivering design-build projects of similar complexity. In describing this general approach, Offerors should address such areas as risk analysis/management/mitigation; cost estimating and how costs are controlled; schedule development and monitoring; and, site access. Offerors are encouraged to provide examples of where they have successfully utilized such approaches.

b. Organizational Chart and Explanatory Statement

Offerors shall provide a detailed organizational chart that clearly delineates the following:

• The name of the design-build entity with which the Government will enter into a contract;

• The name of the Constructor;

• The name of the Design firm (Architect/Engineer);

(The Solicitation) Pages 10 of 28

In addition, Offerors shall provide a statement that explains the general organizational structure of the proposed entity and a detailed description of the proposed overall project team and development responsibilities for each individual and/or firm.

c. Resource Capacity:

Offerors shall describe/verify the capacity of the project team members to be available on this project as proposed during the term of the contract. Offeror shall provide its means, methods, and processes used to manage clients, trade subcontractors, consultants, and other entities during Design Phase Services and Construction Phase Work.

Offerors also shall address their resources from the standpoint of information technology.

Offerors are advised that a contract requirement will be the use of the Government’s electronic Project Management (ePM) application to distribute deliverables, and communicate and coordinate its work activities. Offerors will be required to use the ePM system to its fullest extend for all of its work activities. Offerors shall discuss whether they have experience with electronic project management systems on past projects, and, if they have had to learn an owner’s similar application.

d. Coordination

Offerors shall provide a written narrative that describes its means, methods, and processes used to manage clients, trade subcontractors, consultants, and other entities. Of particular importance will be the Offeror’s experience with managing and coordinating design services within a Design-Build contract. Offerors may submit flow charts and illustrations of the processes or systems.

e. Methodologies for Claims Avoidance, Delays, and Change Management Offerors shall provide a written narrative that describes its means, methods, and processes used to manage changes. Offerors shall also describe the types of changes, claims and delays associated with this type of project, and shall also describe methodologies it will follow to avoid such causes. Offerors shall list (a minimum of 2) projects where their best practices and methodologies were implemented and describe what was done and whether or not the outcome of avoidance of delays and claims was achieved. Offerors may submit flow charts and illustrations of the processes.

Standard for Evaluation

This standard is met when:

a. The Offerors general approach addresses risk analysis/management/mitigation; cost estimating and how costs are controlled; and, schedule development and monitoring is provided.

b. An Organizational Chart is provided that explains the general organizational structure of the proposed entity along with a detailed description of the proposed overall project team and development responsibilities for each individual and/or firm.

c. A written narrative is provided that describes the Offeror’s capacity of its member team to be available during the term of the contract. Offeror describes its means, methods, and processes used to manage clients, trade subcontractors, consultants, and other entities.

Offeror describes its experience using electronic project management system.

(The Solicitation) Pages 11 of 28

d. A written narrative is provided that describes the means, methods, and processes used for coordination on a project. Two project examples were provided to show best practices.

e. A written narrative is provided that describes the means, methods, and processes used to manage changes. Two project examples were provided to show best practices.

B. Evaluation of Submissions in response to the Phase II Evaluation The Phase II evaluation will be based on technical factors as well as price. Technical factors are significantly more important than price and the technical factors will be weighted. The price proposal will include pricing of the DB’s cost for Design/Build Phase Work including profit, and other overhead costs, change order markup and extended overhead costs. The price proposal shall be segregated from the technical proposal. Proposals will be evaluated and scored according to technical evaluation factors and standards outlined in the RFP and SSP.

Factor 1: Qualifications and Experience of Key Personnel. (Weight 60%) Factor2: Management Plan (Weight 40%)

Award The source selection and award will be based on the Best Value trade-off process. Evaluations will be based on technical factors as well as price, technical factors being significantly more important than price. The selection for award will be made after the final evaluation of the technical and price proposals submitted in the final offers.

Small Business Utilization

(a) GSA is committed to supporting the Small Business Program. These commitments extend to Historically Underutilized Business Zones (HUBZone), Small Business (SB), Small Disadvantage Business (SDB), Women-Owned Small Business (WOSB), Veteran-Owner Small Business (VOSB), and Service Disabled Veteran- Owned Small Business (SDVOSB). Large business will be required to submit a subcontracting plan for this evaluation sub-factor. This subcontracting plan only applies to work performed in the United States and its possessions.

(b) GSA has established subcontracting goals of at least 37% 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. The subcontracting plan will be evaluated on a Go/NoGo basis, if the submitted plan meets/exceeds the percentage.

(c) FAR 52.219-8, Utilization of Small Business Concerns states in part; “The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance.” If the Offeror does not intend to subcontract, provide a detailed explanation why subcontracting would not result in efficient contract performance..

II.D. Other Information to submit

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

(2) Proof of Bonding Capacity to $10,000,000.

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.

https://www.sam.gov/

(The Solicitation) Pages 12 of 28

(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 requests will be answered within 15 calendar days. Therefore, prospective Offerors should make such requests not less than 15 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. 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.

(The Solicitation) Pages 13 of 28

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

(The Solicitation) Pages 14 of 28 provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

III.J. Additional Security Requirements

Drawing Intent Documents (DID) are available upon request. Please send all requests for DIDs to Bruce Cooper at anthony.cooper@gsa.gov or call (404) 202-7208. They have not been included as part of this packet due to being classified as Sensitive but unclassified.

IV. FAR/GSAR Solicitation Provisions

To be issued with Phase 2 Solicitation.

V. Additional Solicitation Provisions and Instructions

V.A. Additional Provisions

V.B. Additional Clauses FAR 52.223-21, FOAMS (Jun 2016)

V.C. FAR 52.222-62, Paid Sick Leave under Executive Order 13706 Implements EO 13706 which requires incorporation of new FAR Clause 52.222-62 in all contracts with 52.222-6, Construction Wage Rate Requirements, ($2,000 threshold), or 52.222-41, Service Contract Labor Standards, ($2,500 threshold) and performance is in whole or in part in the United States.

1) Bilateral Modifications extending the contract when such modifications are individually or cumulatively longer than six months

2) In IDIQ where the remaining ordering period extends at least six months and the amount of remaining work or number of orders expected is substantial.

V.D. FAR 52.222-60 Paycheck Transparency (Executive Order 13673) (Oct 2016)

Utilize updated templates on and after 1 January to ensure clause incorporation for actions over $500K. Ensure new service solicitations and contracts, effective 1 January 2017, valued over $500K include the new clause

52.223-1 Biobased Product Certification.

As prescribed in 23.406(a), insert the following provision:

Biobased Product Certification (May 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of provision)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

mailto:anthony.cooper@gsa.gov

(The Solicitation) Pages 15 of 28

As prescribed in 23.406(b), insert the following clause:

Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sept 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data.

As prescribed in 23.303, insert the following clause:

Hazardous Material Identification and Material Safety Data (Jan 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any

(The Solicitation) Pages 16 of 28 applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to—

(The Solicitation) Pages 17 of 28

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

Alternate I (July 1995). If the contract is awarded by an agency other than the Department of Defense, add the following paragraph (i) to the basic clause:

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.

52.223-4 Recovered Material Certification.

As prescribed in 23.406(c), insert the following provision:

Recovered Material Certification (May 2008)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

(End of provision)

52.223-5 Pollution Prevention and Right-to-Know Information.

As prescribed in 23.1005, insert the following clause:

Pollution Prevention and Right-to-Know Information (May 2011)

(a) Definitions. As used in this clause—

(The Solicitation) Pages 18 of 28

“Toxic chemical” means a chemical or chemical category listed in 40 CFR 372.65.

(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(1) The emergency planning reporting requirements of Section 302 of EPCRA.

(2) The emergency notice requirements of Section 304 of EPCRA.

(3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA.

(4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.

(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

(6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of Executive Order 13423 and of Executive Order 13514.

(End of clause)

Alternate I (May 2011). As prescribed in 23.1005(b), add the following paragraph (c)(7) to the basic clause:

(c)(7) The environmental management system as described in section 3(b) of E.O. 13423 and 2(j) of E.O.

13514.

Alternate II (May 2011). As prescribed in 23.1005(c), add the following paragraph (c)(7) to the basic clause. If Alternate I is also prescribed, renumber paragraph (c)(7) as paragraph (c)(8).

(c)(7) The facility compliance audits as described in section 3(c) of E.O. 13423.

52.223-6 Drug-Free Workplace.

As prescribed in 23.505, insert the following clause:

Drug-Free Workplace (May 2001)

(a) Definitions. As used in this clause—

“Controlled substance” means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.

“Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

“Criminal drug statute” means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

(The Solicitation) Pages 19 of 28

“Drug-free workplace” means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

“Employee” means an employee of a Contractor directly engaged in the performance of work under a Government contract. “Directly engaged” is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.

“Individual” means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The Contractor, if other than an individual, shall—within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration—

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about—

(i) The dangers of drug abuse in the workplace;

(ii) The Contractor’s policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by paragraph (b)(1) of this clause;

(4) Notify such employees in writing in the statement required by paragraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will—

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;

(5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Taking appropriate personnel action against such employee, up to and including termination; or

(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(The Solicitation) Pages 20 of 28

(7) Make a good faith effort to maintain a drug-free workplace through implementation of paragraphs (b)(1) through (b)(6) of this clause.

(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract.

(d) In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraph (b) or (c) of…