RFP__Solicitation_12.2.15.pdf

GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA

REQUEST FOR PROPOSAL

(RFP)

U.S. GENERAL SERVICES

ADMINISTRATION

Acquisition Management Division 230 S. Dearborn Street, Suite 3600

Chicago, IL 60604 Solicitation

PROJECT: Construction Manager as Constructor (CMc) for the Tenant Office Build-Out and General Building Modifications at 536 S. Clark Street, Chicago, IL 536 S. Clark Street Chicago, IL

SOLICITATION NO: GS-05P-P-16-FD-C-7000

ISSUE DATE: December 2, 2015

CLOSING DATE & TIME: January 7, 2016 1:00 PM (Central Time)

CONTRACT NO:

DATE OF AWARD:

ISSUED BY:

U.S. General Services Administration Public Buildings Service Acquisition Management Division 230 S. Dearborn Street, Suite 3600 Chicago, IL 60604

GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA

GSAR 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (JUNE 2005) 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 $650,000 ($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.

GSA Solicitation No. GS-05-P-16-FD-C-7000 Construction Manager as Constructor (CMc) Contract for the Tenant Office Build-out and General Building Modifications at 536 S. Clark Street, Chicago, IL The Solicitation

Notice of Commercial Package Carriers

Because of increased security standards, commercial package carriers may experience delays in making deliveries to the address designated for receipt of offers. Offerors should take these facts into consideration when determining how and when to transmit offers to the office designated for receipt.

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, and Construction Contingency Allowance F. FAR 52.236-27 Site Visit – Construction G. Receipt of Offers

II. Proposals

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

III. General Provisions

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

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

Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American

Document: CMc201 / OCT 2015 (The Solicitation) Pages 1 of 26

G. Buy American Exceptions H. Small Business Subcontracting Plan I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Additional Solicitation Provisions and Instructions

A. Additional Provisions B. Certified Cost or Pricing Data

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. Evaluation of Joint Venture Offerors

(The Solicitation) Pages 2 of 26

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to provide Design Phase Services and the option(s) for Construction Services at a Guaranteed Maximum Price (GMP Option) for constructing the Project described in the Solicitation Documents. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

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

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer for the design phase services and construction of the Project. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Certificate of Current Cost or Pricing Data

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

I.C. Authorized Representatives

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

Contracting Officer Name: Oana Sandru

Address: 230 South Dearborn Street, Suite 3600, Chicago IL 60604 Telephone: 312.353.4001

Email: Oana.Sandru@gsa.gov

Alternate Point of Contact/Contract Specialist

Name: Alexandra Huber Address: 230 South Dearborn Street, Suite 3600, Chicago IL 60604

Telephone: 312-279-8149 Email: Alexandra.Huber@gsa.gov

(The Solicitation) Pages 3 of 26 tel:312-279-8149

I.D. Pre-Proposal Conference

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

Date: Tuesday, December 15, 2015 Time: 9:00 AM – 11:00 AM CST

Location: 536 S. Clark Street, 4th Floor Conference Room, Chicago IL 60604

(2) The attached Pre-Proposal Attendance Form must be submitted to the Contract Specialist, Alexandra Huber, via email, no later than Friday, December 11, 2015, by 12:00PM CST. Only those parties who have notified the Contract Specialist 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 Contract Specialist.

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

(1) The estimated price range for the Project is between $5,000,000 and $10,000,000.

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

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

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

(2) Site visit will be conducted at the time of the pre-proposal conference. No additional site visits are currently scheduled. Therefore, it is preferable that you attend the pre-proposal conference. However, if you are unable to attend, site visits will be conducted by appointment only at the times and dates specified by the point of contact shown below. It is not guaranteed that a site can be arranged and therefore, it is strongly encouraged that the pre-proposal conference is attended. To arrange for a site visit, contact:

Name: Eric Firestone Address: 536 S. Clark Street, Suite 261, Chicago IL 60605

Telephone: 312-886-0549 Email: eric.firestone@gsa.gov

(The Solicitation) Pages 4 of 26 http://www.acquisition.gov/far/current/html/52_233_240.html%23wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html%23wp1113375

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall follow immediately after the pre-proposal conference and it shall be limited to not more than two (2) representatives from each Offeror. Offerors shall submit a Pre-Proposal Registration Notice 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. Submit the Pre-proposal Registration Notice, via email, to the Contract Specialist, no later than Friday, December 11, 2015, at 12:00PM CST. For any reasonable accommodations, please contact the Contract Specialist.

I.G. Receipt of Offers

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

Date: Thursday, January 7, 2016 Address: 230 South Dearborn Street, Suite 3600, Chicago IL 60604

Attn: Oana Sandru, Contracting Officer

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

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

II. Proposals

II.A. Proposal Contents

Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

(1) Price Proposal

(2) Technical Proposal

(3) Representations and Certification

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

(5) Certificate of Current Cost and Pricing Data

(The Solicitation) Pages 5 of 26

II.B. Proposal Format

Offerors who wish to submit an offer will be required to submit one (1) original and five (5) copies of both the technical and price proposals at the same time. Please mark the original as “Original”.

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

The technical proposal should be organized to correspond with the evaluation criteria listed herein. The submission should not exceed 30 double sided sheets (not including the forms). Pages that exceed the 30 page limit may not be considered.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price for design phase services in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

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

II.D. Technical Proposal FACTOR #1: Experience in providing Design and Construction Phase Services on similar projects

Description:

This factor considers the Offeror’s experience as a firm in providing comparable Design and Construction Phase Services for similar projects. This factor will be evaluated based upon the written response included in the technical proposal. Experience can be described as what jobs you have performed.

A "similar” project is defined as an office space buildout, in a historical office building, or similar historic building, with construction costs greater than $5,000,000.00. Greater weight will be given to experience more similar in scope to this project.

Submittal Requirements - The Offeror must submit the following information at a minimum:

1. Provide three (3) similar projects in the last ten (10) years in which the Offeror used Construction Manager as Constructor or Construction Manager at Risk delivery. Current similar projects must be 100% complete to be considered relevant for this factor. For each project, describe in detail:

the size, scope, complexity, phasing plan, planned and actual budget, planned and actual schedule, cost control and cost tracking methods, schedule control, coordination, and experience in delivering the completed projects. Describe how you worked within a fixed schedule and within the prescribed budget. Relate those in type and scope to this project.

2. For each project submitted, at a minimum, you must provide a project description, square footage, site acreage, project schedule, safety record, overall scope of the design and construction phase

(The Solicitation) Pages 6 of 26 services, GMP or budget at award; GMP at the construction start and final contract value after adjustments, and lastly, indicate whether liquidated damages were assessed against the Offeror due to late completion.

3. All three examples provided must also be projects in which the Offeror provided Design and Construction Phase Services. The Offeror should provide written demonstration of their experience in providing project planning, value engineering, cost savings, design reviews, constructability reviews, problem/issue resolution, coordination, phasing plan development, CPM development, site logistic planning, independent cost estimating, and development of subcontractor interest necessary to complete the project within the prescribed budget and a fixed schedule.

Standard for Evaluation:

The standard is met when:

1. The Offeror has documented significant experience providing Design and Construction Phase

Services for three (3) similar projects in the past ten (10) years in a Construction Manager as Constructor or Construction Manager at Risk delivery. The Offeror has satisfactorily demonstrated their knowledge and experience in providing office space buildout features comparable to those to be encountered in this project. The Offeror has documented its ability to deliver the completed projects within a fixed schedule and within the prescribed budget. The Offeror shows relevant experience working in historic buildings.

2. The Offeror has documented significant experience providing Preconstruction Phase Services for at least three similar projects in the past ten (10) years. The Offeror has documented its ability to provide services that improve the quality and accuracy of the construction documents produced by the A/E firm and has ensured compliance with the prescribed budget and schedule

FACTOR #2: Management Approach (Design and Construction Phase Services)

This factor considers the Offeror’s project management plan which indicates the methods and means they will employ to ensure management of the project in a manner which will maximize the opportunity for successful completion that is on-time, on-budget and within quality expectations. This factor will be evaluated based upon the written response included in the technical proposal. The proposal should delineate the Offeror’s knowledge, programs and processes, relating them to the unique requirements of this project and demonstrating their approach to its management and execution.

Submittal Requirements – The Offeror must submit the following information at a minimum:

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

Overall Approach: Provide a complete approach to Design Phase services including, but not limited to, schedule development, cost-estimating and cost-reconciliation services, address subcontractor participation, and quality of value engineering services. Additionally, provide the complete approach to Construction services including, but not limited to, scheduling, cost control including contingency management, change order management, and “open book accounting”

Staffing Plan: Provide a complete staffing plan detailing all team members to be assigned to this project. Suggested team members may include the following: Corporate Construction Executive, Project Coordinator, Project Manager - Pre-Construction Phase, Engineering Review Coordinators, (The Solicitation) Pages 7 of 26

Major Consultants (i.e. acoustics, security, asbestos abatement, elevators, windows etc.), Cost Estimating Staff, Scheduler, Project Manager - Construction Phase, Construction Superintendent, Quality Control Superintendent, Project Engineer, LEED Coordinator, Fire, Life and Safety Coordinator, Construction Supervisors, Testing Engineering firms, and other key individuals. The staffing plan should include an Organizational Chart and Lines of Authority for both preconstruction and construction phases. For each key person, identify the proposed duties in the project; identify the person as a part-time or full-time employee, detail the amount of time anticipated to be spent on-site and the amount of time to be spent in the home office and identify the firm for which the employee works. Describe the amount and form of interaction between the home office and the construction site. Identify which personnel will responsible for the quality control and safety programs.

The Offeror shall designate and identify on-site key personnel having signatory authority who can bind the contractor in negotiations for changes and sign letters and contract modifications.

Quality Control Plan (QCP): Provide an example of a detailed QCP featuring both a Management Plan and Inspections/Test sections. The management plan must describe the Offeror’s process for planning, organizing, coordinating and controlling the execution of the construction work.

It shall address methods employed to prepare, monitor and accomplish the project’s schedule and to track and control project costs. It details the communication plan and problem resolution procedures as well as quality control methods employed. The plan should address the coordination, development and review of shop drawings, samples and submittals. The Inspections/Tests section shall demonstrate how the Offeror successfully implements this program and define their process of identifying, scheduling, testing, correction and follow-up for each divisional building system/feature.

Safety Plan: Provide a safety plan that demonstrates the firm’s approach to preventing accidents and injuries with contingency plans for responding to accidents. Provide specific methods for processing correspondence, and for dealing with issues, problems, questions, emergencies and other areas.

Recycling, Green Building Process, LEED Strategies: Provide an example that demonstrates the firm’s approach to leadership in energy and environmental design. It shall address the building and operation of buildings that deliver high performance inside and out. Provide specific methods for reducing the impact of construction on our natural environment, economy, health and productivity.

Standard for Evaluation:

The standard is met when:

The overall management approach submitted shows a clear understanding of, including but not limited to, change order management, open book accounting, cost control including contingency management, value engineering, and cost estimating.

1. The staffing plan submitted demonstrates that the Offeror has a clear understanding of the level of staffing necessary as well as the qualifications and expertise of that staff to successfully execute this project. Staffing levels and the amount of time staff members spend on-site are appropriate.

Staffing responsibilities and staff with signatory authority are clearly defined. The proposed staff appears capable of completing this project within the given timeframe, working hours and budget.

2. The Quality Control Plan clearly demonstrates methods that will ensure compliance with contract requirements and relates those to this project. The Offeror has shown that their processes for

(The Solicitation) Pages 8 of 26 planning, organizing, coordinating, controlling and communicating can be successfully implemented within their proposed organization and will facilitate the execution of the project.

The Firm’s processes for planning and executing shop drawing and submittal reviews as well as cost and schedule control measures are realistic and will improve the likelihood of project success. The Offeror has clearly demonstrated their ability to plan and execute necessary component and system tests to guarantee proper installation.

3. The Safety plan ensures optimum prevention of accidents and injuries and demonstrates an effective response plan. Problems, questions, and emergency situations are anticipated and avoided through the Offeror’s proactive measures.

4. The Recycling, Green Building Process, and LEED Strategies substantially reduce or eliminate negative environmental impacts and improve existing unsustainable design, construction and operational practices. The Offeror has clearly demonstrated green design and construction measures that reduce operating costs, enhance building marketability, increase worker productivity and reduce potential liability resulting from indoor air quality problems.

FACTOR #3: Qualifications and Experience of Key Personnel

Description

The Offeror shall identify the personnel they propose to fill the key team member positions listed below and state their roles and responsibility to the project. The Offeror shall provide evidence of the competency, past performance, qualifications and related experience of key team members. If the key team members did not work on the three projects submitted under Evaluation Factor Number 1, provide contact information for two references each who can provide thorough knowledge of the details of the individual’s performance (such as the Project Manager, Building Owner, or Contracting Official associated with the project) in a similar position on a similar project. The Offeror shall provide resumes for each key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received, and work experience (including roles) over the last ten (10) years. Provide a matrix chart clearly identifying the roles that key team members held on the projects submitted under the Experience and Past Performance factor. Key team members are defined as follows:

At a minimum, the CMc key team members shall consist of the following:

• Corporate construction executive

• Project manager

• Architectural review coordinator

• Engineering review coordinators - all disciplines

• Cost estimator(s)

• Project accountant

• Construction superintendent

• Quality control superintendent

• Project engineer

• Construction supervisors

• Safety program coordinator

• Move Coordinator (full-time, separate from other roles listed)

• Industrial Hygienist

• Other key team members as determined by the Offeror.

(The Solicitation) Pages 9 of 26

Note1: Any of the team members indicated above may be represented by the same individual/firm, except as noted in the description of contractor roles and responsibilities outlined within the RFP.

Offerors should clearly note in their submittal documents any of the above key team members who will be represented by the same individual/firm. Developers are not required for this project but must be identified if used as a part of the team.

Note 2: No substitution to key personnel shall be made without prior approval of the CO. In the event that personnel approved by the CO are unable to perform their duties due to death, illness, resignation from the Contractor's employment, the CO's request for removal, or similar reasons, the Contractor shall promptly submit to the CO, in writing, the name and qualifications of a proposed replacement with equal or superior qualifications. This replacement, if approved by the CO, shall be submitted to the Government within three calendar days from the time of removal and shall in no way delay the project schedule. If the schedule is delayed due to the CMc’s lack of timely submittal or lack of an equally qualified submittal, the CMc shall be responsible for any and all resulting costs associated with the delay. Any approved substitutions shall be made at no increase in contract price and/or decrease in capabilities.

1. Resumes for each key team member clearly indicicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received and work experience.

2. A matrix chart clearly identifying the roles that key team members held on the projects submitted under the Experience and Past Performance factor.

Each of the key team members has held at least one comparable position, to that proposed, for a similar project and has the appropriate education, training, experience and certification required to be assigned to this position and for this project. Preference shall be given to those members having experience on multiple similar projects and/or successful performance in comparable positions.

FACTOR #4: Past Performance in providing Design Phase Services and Construction Phase Services on similar projects

This factor considers the Offeror’s Past Performance for the projects submitted under evaluation factor number 1, Past Experience. This factor will be evaluated based upon the responses from the references provided by the Offeror. Past performance can be described as how an Offeror performed on a job.

The Government intends to contact those individuals who are provided as references by the Offeror to verify that the services provided comply with the similarity requirements of this RFP and to solicit an assessment of the quality of those services provided through a Past Performance Questionnaire. FAR 15.305(a)(2)(iv) states, "In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance." Therefore, failure of the Offeror to provide a minimum of two relevant references, and/or the inability of the Government to complete a minimum of two reference checks after making a reasonable effort to do so, may result in the Offeror being rated as "neutral" on the past

(The Solicitation) Pages 10 of 26 performance factor. The Government is not required to conduct or complete reference checks on more than the two required references for each phase. In addition to contacting references provided by the Offeror, the Government may solicit other sources to find references for other relevant, similar work performed by the Offeror.

1. Provide contact information for two individuals for each project submitted under Evaluation Factor number 1 – Past Experience on Construction Phase Services. References must have thorough knowledge of the details of the Offeror’s performance (such as the Project Manager, Building Owner, or Contracting Official associated with the project) for the majority of the contract performance period, so that the reference may sufficiently respond to the questionnaire.

Provide contact names, role in the project, address, telephone number and email address for each individual.

If any problems were encountered on the identified contracts for which the Offeror has submitted references, the contractor may provide a brief narrative describing the nature of the problems and the corrective action taken.

1. References contacted provide favorable evaluations indicating that the projects have met or exceeded the customers’ requirements as set forth in the construction contract documents (drawings and specifications) in a timely manner, and within established budgets.

II.E. Other Information to be Submitted with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management accessed via https://www.sam.gov. Offerors shall also submit with their proposal the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (CMc301).

(2) Qualifications of Offerors – Financial Capacity Criteria

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

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

● The accounting system is in accordance with GAAP.

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

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

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

The GAAP Certification must be provided from the accountant directly to the Government within 10 days of submission of a proposal.

Document: CMc201 / OCT 2015 (The Solicitation) Pages 11 of 26 https://www.sam.gov/

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.

(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

Document: CMc201 / OCT 2015 (The Solicitation) Pages 12 of 26 http://www.sba.gov/

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

III.F. Notice Concerning Preparation of Proposals

The Contract contemplated by this Solicitation provides for a Guaranteed Maximum Price (GMP) with CMc Contingency Allowance (CCA), and determines the contractor's compensation in a manner significantly different from a firm-fixed-price contract. Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Bond Requirements

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

III.H. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by 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.

Document: CMc201 / OCT 2015 (The Solicitation) Pages 13 of 26 http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm

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

III.J. Additional Security Requirements

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

(2) FAR 52.224-1, Privacy Act Notification, April 1984

(3) FAR 52.224-2, Privacy Act, April 1984

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

This project is classified as Sensitive But Unclassified.

IV. FAR/GSAR Solicitation Provisions

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

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“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).

(The Solicitation) Pages 14 of 26

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

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

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

(i) The solicitation number;

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

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

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

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

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

(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.

(The Solicitation) Pages 15 of 26

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

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

(v) Proposals may be withdrawn by written notice received at any time before award.

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

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

(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.

(The Solicitation) Pages 16 of 26

(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 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.

(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.

(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.

(The Solicitation) Pages 17 of 26

(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 Construction Manager as Constructor (CMc) Guaranteed Maximum Price with Construction Contingency Allowance contract resulting from this solicitation.

IV.C. FAR 52.222-5, Construction Wage Rate Requirements—Secondary Site of the Work (JUL 05)

(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…