sol_HIRAM_WARD_VARO_DB201-2_2_PhasePart_II_Final_Draft_ii.pdf

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

Document: DB201-2 / DEC 2016 (The Solicitation) Pages 1 of 47

Design Build Contract for Project Name The Solicitation, Phase 2 – Request for Proposals

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.

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee G. FAR 52.236-27 Site Visit - Construction H. Receipt of Offers

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

(The Solicitation) Pages 2 of 47

III. General Provisions A. Availability of Funds B. Requests for Clarification or Interpretation 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 H. Contractor Performance Information I. Safeguarding Documents Designated as Sensitive But Unclassified J. Additional Security Requirements

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American G. Buy American Exceptions H. Small Business Subcontracting Plan I. Project Labor Agreements J. GSAR 552.252-5 Authorized Deviations in Provisions K. FAR 52.252-1 Solicitation Provisions Incorporated by Reference L. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Additional Solicitation Provisions, Clauses and Instructions A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 B. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions C. Additional Provisions D. Certified Cost or Pricing Data E. Additional Clauses F. FAR 52.222-62 Paid Sick Leave G. FAR 52.222-60 Paycheck Transparency

VI. Method of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness / Price Realism D. Unbalanced Prices E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offerors

(The Solicitation) Pages 3 of 47

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for Phase 2 proposals for a Contract to construct the Project described in the Solicitation Documents. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

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

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

Offerors that submit incomplete or unacceptable proposals are not eligible for a stipend.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement

(5) The Statement of Work, Specifications, Drawings, Exhibits, and other Attachments to the Agreement

I.C. Authorized Representatives

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

(1) Contracting Officer Name: Joseph Ardoin III

Address: 77 Forsyth St. SW Atlanta, GA 30303

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

(2) Alternate Contact Name: Mike Reece

Address: 77 Forsyth St. SW Atlanta, GA 30303

Telephone: (404) 308-6923 Email: Michael.reece@gsa.gov

I.D. Pre-Proposal Conference

(The Solicitation) Pages 4 of 47

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

N/A

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.E. Estimated Price Range or Budget Amount The estimated price range for the Project is between $5,000,000.00 and $ 10,000.000.00.

I.F. FAR 52.228-1 Bid Guarantee (SEP 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.G. FAR 52.236-27 Site Visit - Construction (FEB 95)

(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

(The Solicitation) Pages 5 of 47

(2) Site visits will be held at the following dates and times:

Date: [ April 18, 2017 ] Time: [09:00 A.M.]

Hiram Ward Federal Building and Courthouse Conference Room 762 251 N. Main Street Winston-Salem, NC

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team.

Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below.

For further information about the site visit or access requirements, please contact:

Name: Bruce Cooper Address: 77 Forsyth St. SW

Atlanta, GA 30303 Telephone: (404) 202-7208

Email: Anthony.cooper@gsa.gov

I.H. Receipt of Offers

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

Date: 15 May 2017 4:30 P.M. EST Address: 77 Forsyth St. SW

Atlanta, GA 30303

(2) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

(3) Offers sent by United States Mail shall be deemed timely if delivered to the address of the office designated for receipt of offers on or before the date established for receipt of offers.

II. Proposals

II.A. Proposal Content Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

(The Solicitation) Pages 6 of 47

(1) Price Proposal

(2) Phase 2 Proposal

(3) Representations and Certifications

(4) Bid Guarantee, using Standard Form 24

(5) Subcontracting Plan

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

(7) 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. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

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

Factor (1) Qualifications and Experience of Key Personnel

This factor considers the qualifications and experience of key personnel on the Offeror’s team.

The RFP requests resumes or other relevant documentation for certain positions. The Offeror may submit additional resumes as it believes necessary to fully describe the talents and depth of their team. The qualification of each individual is based upon the skill, experience and education level of the individual. This factor will be evaluated based upon the written responses

(The Solicitation) Pages 7 of 47 to the RFP by the Offeror. The scope of this project requires construction-related experience in key positions to ensure reasonable expectation of project success. At a minimum, key personnel are the Designer of Record, Design Manager, Construction Project Manager, Superintendent and Quality Control Superintendent.

Note: The DB Contractor will not be allowed to substitute key personnel during the course of the project without prior approval by the Contracting Officer or his/her representative. All substitutions MUST have equal or better qualifications and experience.

Qualifications and Experience will be evaluated based on the SF 330 and the information received for this factor.

Information Required:

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

a. Provide a project organization chart identifying how the design-builder will organize and staff the project from project award and inception of design through construction completion.

The chart should identify the title of key positions in the organization, and the names of the persons proposed to fill those positions. At a minimum, the chart should address design management, project management, project superintendence, quality assurance/control (both design and construction), and project controls. The reporting relationships between these functions and the company's senior management should also be defined. By including this information in this proposal, the Offeror is making a commitment to assign specific individuals to specific roles in this project, and that commitment is a consideration in the evaluation of the proposal. Provide a narrative on the project organization. It should define the roles, responsibilities and authority to be delegated to the incumbent of each position, and discuss how work flows through the organization

b. Provide a one-page resume for each person shown in the organization chart, highlighting previous work experience similar to this project. For each proposed key person, identify their proposed duties in the project. Identify the person as a part-time or full-time employee and the firm that person is employed (i.e. Designer or Constructor). Offeror must state how long the key personnel have worked for the firm. Indicate the specific geographic location of employment where each proposed employee is located at the time of response to this announcement. Also include the amount of time anticipated to be spent on-site and the amount of time to be spent working in the home office on this project. State which personnel will be involved in the design phase and which will be involved in the construction phase.

c. Provide a staffing summary for the design-builder that identifies the proposed design and construction staffing for this project. The summary should include the number of people employed, the number that would be available for this project, and the estimated number required for this project. If design and construction are being provided by separate companies, provide a staffing summary for each company.

d. Indicate how the Project Manager guides the work; how change orders, claims and disputes will be handled; and how shop drawings, submittals, etc. are coordinated.

e. For each proposed key person, describe their knowledge and experience with local markets, subcontractors, the general labor market, and local government in the location where the project is being built.

Standard for Evaluation The standard is met when:

(The Solicitation) Pages 8 of 47

The offer provides a project organization chart, a narrative on the project organization, a one-page resume for each person shown in the organization chart (at a minimum the qualifications, experience, education, background for the Project Manager, Superintendent and Quality Control Superintendent), a staffing summary, a discussion of how the work is managed, and a discussion of how each key person has experience in local markets.

(2) Management Approach Plan

Elements of the Management Approach Plan

(a) This factor considers the Offeror's approach to planning, organizing and controlling the execution of the concept design services, and design-build services on the project that maximizes the opportunity for successful completion of the project on time, on budget, within quality expectations, and to include building occupant satisfaction.

Information Required:

a. Provide a not-to-exceed 5-page narrative describing the Offeror’s approach to planning, organizing and controlling the execution of the design and construction on the project. The plan should identify how the Offeror plans to implement management techniques to ensure the success and quality of the design and construction of this project. Provide a proposed project schedule in Gantt chart format for execution of the design-build project from award of the contract to completion. The proposed schedule should provide sufficient detail to illustrate the proposed flow of design and construction activities for the project with the overall duration clearly shown.

b. Provide a narrative on the project schedule that highlights key assumptions on which the schedule is based, and discusses the Offeror's strategy for sequencing the work. The narrative should also discuss any significant contingency issues that could potentially delay overall progress on the project, and what actions the Offeror would propose to mitigate the impact on project completion.

c. Provide a not-to-exceed 2-page narrative on how the project will be executed in a fully occupied building without causing disruption to the daily operation of the building and its tenants.

d. Provide a narrative outlining how the Offeror intends to manage the responsibilities of its team.

e. The Offeror’s plan must also include:

● Coordination of trade subcontractors and suppliers to minimize installation conflicts and ensure that specified products, and installation means and methods comply with contract requirements;

● Monitoring construction schedule and costs, including change orders, to ensure that the project is completed on time and within budget, to include describing construction means and methods in the form of a network analysis schedule.

● An example of a Quality Control Plan. (Not subject to page limitation)

● An example of a Safety Plan. (Not subject to page limitation)

● Discussion related to the management of extended overhead costs in the event of contract modifications.

The standard is met when:

The Offeror provides the required narratives and examples of a Quality Control Plan and Safety Plan.

Safety Program: The offeror shall provide information that demonstrates a corporate commitment to construction safety by addressing the following:

(The Solicitation) Pages 9 of 47

● Processes/Standard Operating Procedures

● Management Involvement/Commitment

● Employee participation and training

● Incentive/Awards program

● Other safety program innovations

Safety Performance History: Provide the number of lost time accidents for the most recent 100,000man-hours of construction. This information is required for the prime contractor and all subcontractors that worked on the past contracts. Your response shall address each of the following:

● Description of Accident/Mishap and whether prime or subcontractor event

● Date/location of occurrence and contract title

● Actions taken following accident/mishap to prevent such an accident/mishap from recurring

● Agency/client POC and phone number

● Employer (of employee affected by event) POC and phone number

In addition, provide your EMR rating for the last three years. The Government will contact references for the purpose of validating the information provided in response to this element as well as obtaining further insight into each offeror’s corporate safety philosophy. The Government reserves the right to call any or all previous clients for the purpose of obtaining additional information regarding your record of accidents and mishaps.

Small Business Utilization

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.

Basis of Evaluation:

(1) 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. Large Business firms will be evaluated against the above stated targets with more credit given to firms that exceed these targets.

(2) 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.

PAST PERFORMANCE IN UTILIZING THE SMALL BUSINESS PROGRAM

Provide information on any awards you received within the past three years for outstanding support to HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms. Include the total dollar value and the dollar value percentage of work (of total contract value) subcontracted to LB, HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms for each contract referenced in this

(The Solicitation) Pages 10 of 47 proposal. If subcontracting was not used on submitted contracts, provide an explanation as to why for each category.

PARTICIPATION OF SMALL BUSINESS IN THE PERFORMANCE OF THIS CONTRACT

Solicitation Submittal Requirements: Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor in your proposed Subcontracting Plan. Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor. State the extent of work, including type and percentages, you plan to subcontract to LB, HUBZone, SB, SDB, WOSB, VOSB, SDVOSB firms, and if applicable, HBCU/MI. Small business Offerors should not submit subcontracting plans.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301).

(2) Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

II.F. Requirements for Joint Venture Offerors

(1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.

(2) An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members.

(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

https://www.sam.gov/

(The Solicitation) Pages 11 of 47

(4) Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture.

III. General Provisions

III.A. Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the Contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of Contract award.

III.B. 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. Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will made available until after award except as provided by FAR 15.503.

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

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

(The Solicitation) Pages 12 of 47 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

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

(The Solicitation) Pages 13 of 47

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]

(1) FAR 52.204-9, Personal Identity Verification of Contractor Personnel, January 2011

(2) GSAR Clause 552.204-9, Personal Identity Verification Requirements, October 2012

(3) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems, Jun 2016.

This project is classified as not classified.

IV. FAR/GSAR Solicitation Provisions

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

(a) Definitions. As used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(The Solicitation) Pages 14 of 47

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, (The Solicitation) Pages 15 of 47 if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

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

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225- 17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of

(The Solicitation) Pages 16 of 47 proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (f)(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

IV.B. FAR 52.216-1 Type of Contract (APR 84)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(The Solicitation) Pages 17 of 47

IV.C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work

(MAY 14)

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

IV.D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(Applicable to solicitations resulting in construction contracts in excess of $10,000.)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative

Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

16.4%.

6.9%

These goals are applicable to the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order

(The Solicitation) Pages 18 of 47

11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for

Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the

"covered area" is: Winston Salem, North Carolina Forsyth County

IV.E. FAR 52.233-2 Service of Protest (SEP 06)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the address provided in the provision “Receipt of Offers” in Section I (General Information).

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

IV.F. Buy American

52.225-11 Buy American—Construction Materials under Trade Agreements.

As prescribed in 25.1102(c), insert the following clause:

Buy American—Construction Materials under Trade Agreements (Oct 2016)

(a) Definitions. As used in this clause—

(The Solicitation) Pages 19 of 47

“Caribbean Basin country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different construction material distinct from the materials from which it was transformed.

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii…