Solicitation - Design Build Contract for CBP New Housing Development 8-31-11

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Design Build Contract for CBP New Housing Development, Presidio, Texas

GSA Solicitation No. GS-07P-11-HH-D-0019

552.219-71 Notice to Offerors of Subcontracting Plan Requirements. (JUN 05)

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 $500,000 ($1,000,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

NOTICE

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

NOTICE

Because of increased security standards, commercial package carriers may experience delays in making deliveries to the address designated for receipt of offers. United States Mail delivered to Government offices in the Washington, DC area is subject to irradiation, significantly delaying deliveries and potentially damaging or defacing mail contents. Offerors should take these facts into consideration when determining how and when to transmit offers to the office designated for receipt.

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Table of Contents

I. General Information

A. The Solicitation and the Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range

F. FAR 52.236-27 Site Visit – Construction G. Receipt of Offers

II. Proposals

A. Contents of Proposal B. Price Proposal C. Non-Price Factors D. Other Information to be Submitted with Proposal E. Requirements for Joint Venture Offerors

III. Solicitation Provisions

A. General Provisions B. FAR/GSAR Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions

A. Buy American Act B. Buy American Exceptions C. Small Business Subcontracting Plan D. Project Labor Agreement

V. Method of Award

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

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I General Information

I.A The Solicitation and Contract I.A.1. This Solicitation sets forth requirements for proposals for a Contract to design and 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.

I.A.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.

I.A.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.

I.B List of Solicitation Documents This solicitation contains drawings and specifications that will be distributed via CD upon request.

In order to obtain a copy, interested offeror's must email Dave Codner at cornel.codner@gsa.gov. Please include your mailing address and company DUNS number with the request. The Solicitation Documents are comprised of:

(1) The Solicitation

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

(3) The Agreement

(4) The Statement of Work, 35% Design-Build Bridging Documents, 100% Prototype House Design and other Attachments to the Agreement

I.C Authorized Representatives The following individuals are designated as the authorized GSA representatives under this Solicitation:

I.C.1. Contracting Officer

Name: Michael Jackson Address: 819 Taylor Street, RM 12B01

Fort Worth, TX 76102 Telephone: 817-978-4664

Email:

michaeld.jackson@gsa.gov

I.C.2. Alternate Point of Contact (Contract Specialist)

Name: Cornel (Dave) Codner Address: 819 Taylor Street, RM 12B01

Fort Worth, TX 76102 Telephone: 817-978-7172

Email: cornel.codner@gsa.gov mailto:cornel.codner@gsa.gov mailto:michaeld.jackson@gsa.gov mailto:cornel.codner@gsa.gov

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I.D Pre-Proposal Conference I.D.1 A pre-proposal conference regarding this Solicitation is scheduled as follows:

Date: September 14, 2011 Time: 11:00 a.m. (CST)

Location: Presidio Activity Center 1200 East O’Reilly.

Presidio, TX 79845

I.D.2 To ensure adequate conference room space is made available, interested parties are encouraged to notify the Contracting Officer of their plans to attend. Requests for reasonable accommodations due to a disability, contact the Contracting Officer.

I.E Estimated Price Range or Budget Amount The estimated price range for the site design and construction for the entire project of 69 housing units is projected between $35,000,000 and $45,000,000. However, the Government does not have full funding for this project. Offerors will be given a budgetary range of $13.5 million to $14.5 million and asked to propose a scope solution and an associated price within this range.

For further instructions on price, see section II.B.

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

I.F.2 Site visit will be held at the following date and time in conjunction with the pre-proposal conference:

Date: September 14, 2011 Time: 11:00 a.m. (CST)

I.G Receipt of Offers I.G.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 3:00 p.m. central time on the following date and at the following address:

Date: September 30, 2011

Address: General Services Administration Attn: Dave Codner 819 Taylor Street, RM 12B01 Fort Worth, TX 76102 Email: cornel.codner@gsa.gov

I.G.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.

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

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I.G.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. Technical factors are listed in a descending order of importance.

(1) Price Proposal

(2) Technical Proposal o Factor 1 – Proposed Scope within the Project Budget Range o Factor 2 – Project Execution Plan o Factor 3 – Previous Experience and Past Performance o Factor 4 – Qualifications, Experience, Skills and Abilities of Key Personnel o Factor 5 – Project Labor Agreement o Factor 6 – Sub-Contracting Plan

II.B Price Proposal

II.B.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.

II.B.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.B.3 Offerors may submit a price proposal subject to the Project Labor Agreement (PLA) requirements set forth in IV.D. of this solicitation (a PLA proposal), a price proposal not subject to the PLA requirements, or both. Any price proposal submitted shall clearly identify whether it is subject to such PLA requirements.

II.C. Non-Price Factors

II.C.1 EVALUATION FACTOR NUMBER 1 – PROPOSED SCOPE WITHIN THE PROJECT

BUDGET RANGE

Description:

This factor considers the amount of scope that the Offeror proposes that they can design and build, complying with the Design Build Bridging Documents (DBBD), for a price within the project budget range. The DBBD define a specific amount of construction that must be built in order for a contract to be awarded. This minimum amount of construction is defined as ―Part A‖ and/or ―Minimum Build‖ in the DBBD. In order to score well for this Evaluation Factor, offerors are encouraged to propose a specific amount of additional scope, over and above ―Part A / Minimum Build‖ that they can build for a contract value that is within the project budget range.

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Additional scope must include a certain number of additional houses and all required infrastructure and open space to result in completed and fully functional houses.

Additional scope must include the appropriate amount of completed fencing, yards and open space so that all houses completed in this first phase have equal amounts of amenities.

Submittal Requirement:

Offerors must submit confirmation that they are able to design and build at least the amount of work shown in ―Part A / Minimum Build‖ in the DBBD.

Offerors must also submit a complete and clear description of the additional amount of construction they propose to design and build for a project cost within the project funding range. The current project funding is between $13.5 million and $14.5 million. Description must explicitly state the number of additional houses, additional and/or connecting infrastructure, additional open space with amenities and landscaping, etcetera. The description must at a minimum, describe the additional proposed scope in narrative format. Drawings, sketches, plans, markups of the DBBD, etcetera should also be used to unambiguously show the additional proposed scope.

II.C.2 EVALUATION FACTOR NUMBER 2 – PROJECT EXECUTION PLAN

Description:

This factor considers the Offerors’ submitted written Project Execution Plans. All Offerors must submit a written plan that describes their planned strategies, tactics and steps for successfully designing and constructing this project. Project Execution Plans must be succinct and may not use any ―canned‖ language used for proposals on previous projects. The submitted Project Execution Plans must be unique and specifically geared towards this project. This project is not overly complex. Therefore, the Source Selection Board will be looking for Project Execution Plans that cover all of the important aspects of this project, but are not overly verbose. Submitted Project Execution Plans will be expected to be clear, complete, correct AND CONCISE.

Offerors may wish to cover some or all of the following items in their Project Execution Plan, as well as other important factors they deem appropriate.

Design strategy and steps for execution

Mobilization

Plans for housing construction workers in Presidio and/or other nearby locations

Plans for dealing with the remoteness of this project location

Stick-building or modular building of the houses – compare the two methods, your analysis and conclusions reached

Schedule management plan – not just your submitted schedule but the rationale for your schedule strategies

Quality management plan

Subcontracting plan – especially the rationale supporting your choice of subcontractors for the most important aspects of this project

Self-performance plan – which pieces of the work do you plan to self-perform and why

On-site and off-site staffing management plan

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Submittal Requirement:

Offerors must submit a written Project Execution Plan that is prepared specifically for this project. The Plan may communicate with narrative, graphics, images, tables, schedules, etcetera. The Plan must cover all of the important aspects of this project without any obvious omissions. The Plan must be complete and concise.

II.C.3 EVALUATION FACTOR NUMBER 3 – PREVIOUS EXPERIENCE AND PAST

PERFORMANCE ON SIMILAR PROJECTS DELIVERED USING THE DESIGN-BUILD

DELIVERY METHOD

For this evaluation factor, a ―Similar Project‖ is a project that meets the elements of size and type as defined here:

Size:

To be considered similar in size, projects must equal or exceed $5 million in total contract cost including both design and construction services and be completed in the last ten years, or be at least 75% constructed as of July 1, 2011.

Type:

To be considered similar in type, projects must be new construction. Projects must have been delivered using the design-build delivery method with the contractor having contractual design responsibilities. Projects must have had a significant sitework component including underground infrastructure, roads, paths, and picnic/pavilion areas with landscaping. The following types of buildings will be considered similar:

Single family residential

Multifamily residential including duplexes, four-plexes or other similar townhome or condominium construction

Hotels / motels

Barracks / military housing

Senior living centers

Description:

Previous experience will be assessed by reviewing project fact sheets provided from both the designer and builder and, preferably, from designers and builders who have worked together previously on similar design-build projects. These project fact sheets MUST explicitly state the project manager, project superintendent and other key project staff, the location, owners’ name and contact info, gross square feet of buildings AND land, construction completion date, the contract amount for the construction cost and/or the design-build cost, and the building types and site work constructed.

Past performance will be assessed by reviewing either written or verbal performance reviews provided by Offerors from their clients on previously completed projects. Written performance reviews from previous clients must be on the clients’ letterhead and be written and signed by a senior member of the clients’ staff. Alternatively, Offerors may provide contact information for their previous clients so the GSA can contact them to inquire about the Offerors’ past performance. The GSA may also consider information gathered from other sources including other former clients of the Offeror, other government agencies the Offeror has worked for, federal databases, or other references.

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Submittal Requirements:

For Previous Experience:

The design team and the builder in the Offeror’s team must each submit three project fact sheets that provide the above described information. Alternatively, the design team and builder may submit three project fact sheets together if the designer and builder worked on all three projects together using the design-build delivery method.

For Past Performance:

For written performance reviews, Offerors must submit written reviews from previous clients written on the Client’s letterhead and signed by a senior client staff member.

For verbal performance reviews, Offerors must submit contact information that allows GSA to successfully contact and receive past performance information from the Offeror’s previous clients.

Additional Consideration May Be Given For:

1. Projects designed and built in remote locations

2. Buildings built modularly

3. The constructors’ and designers’ previous experience delivering design-build projects together

4. Previous experience designing, constructing and providing LEED certification using the LEED for Homes rating system

5. Project fact sheets that were delivered by the key staff members you are proposing for this project

II.C.4 EVALUATION FACTOR NUMBER 4 – QUALIFICATIONS, EXPERIENCE, SKILLS AND

ABILITIES OF THE KEY PERSONNEL

This factor considers the unique quality provided by the combination of qualifications, experience, skills and abilities of the proposed key members of the Offeror’s team. The Source Selection Board will be looking for each member of the Offeror’s team having the required qualifications for their position, adequate or better number of years of experience, and proof that they have the skills and abilities to effectively fulfill their responsibilities for the project.

Offerors must submit resumes, two pages maximum (two pages one-sided one page front and back) for each team member. Each resume must list the periods of time / number of months that each team member worked for each employer and or project – previous and current.

The Source Selection Board will be confirming that each member of the team has at least the following qualifications and years of experience:

Construction Project Manager:

Bachelor’s degree or higher in architecture, engineering or construction management from an accredited college/university

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10 years of experience working on similarly complex projects

Experience managing design efforts on design-build projects

Design Project Manager:

Bachelor’s degree or higher in architecture or Bachelor’s degree or higher in civil engineering from an accredited college/university.

Professional licensure in one of the 50 states

10 years of experience working on similarly complex projects

Experience delivering design services on design-build projects

Full Time, On-Site Superintendant:

At least 10 years of documented experience working as a full-time, on-site superintendant on similarly complex projects

Submit two page resumes for each key member of the project team that meet all of the requirements described in the Description section above.

Additional Consideration May Be Given For:

1. Resumes that are written specifically for this project – not just taken off the shelf and inserted into the proposal

2. Team members that have worked for at least 5 years for the proposing offeror

II.C.5 EVALUATION FACTOR NUMBER 5 – PROJECT LABOR AGREEMENT

Offerors are invited to submit a proposal subject to PLA requirements (a PLA proposal), a proposal not subject to PLA requirements, or both. If a PLA proposal is accepted by GSA, the awardee shall be required to execute a Project Labor Agreement with one or more appropriate labor organizations for the term of the resulting contract.

A proposal submitted subject to the PLA requirement set forth in section IV.D.2 of this solicitation will receive full credit under this evaluation factor. A proposal submitted not subject to such PLA requirements will receive no credit under this evaluation factor.

II.C.6 EVALUATION FACTOR NUMBER 6 – SUB-CONTRACTING PLAN

This factor considers the goals of the subcontracting, as well as the past performance of the Offeror in meeting the goals in previous sub-contracting plans for similar work.

Offerors that exceed the small business size standard for this NAICS code identified in this solicitation shall submit a subcontracting plan with established goals. In addition to the plan, the proposal shall include a narrative detailing previous contracts for similar work which required sub-contracting with a description of their goals, how the firm established their goals, a statement as to whether the goals were or were not met and any good faith efforts to achieve the goals when the goals were not met.

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Offerors not exceeding the size standard are not required to submit a subcontracting plan for evaluation. In such instances, the offeror will receive a neutral score for this factor, which shall not positively or negatively affect the evaluation or overall scoring of the proposal.

II.D Other Information to be Submitted with Proposal II.D.1 Representations and Certifications Offerors submitting a proposal in response to this Solicitation shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database.

II.E Requirements for Joint Venture Offerors II.E.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.

II.E.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.

II.E.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.

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

III Solicitation Provisions

III.A General Provisions III.A.1 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.A.2 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.A.3 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.A.4 Information Concerning the Disclosure of Solicitation Results http://orca.bpn.gov/

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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.A.5 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.A.6 Notice Concerning Preparation of Proposals Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.A.7 Bond Requirements A bid guarantee is required to be submitted with your offer; therefore, any contract awarded will require a payment and 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.A.8 Vendor Past Performance System The General Services Administration (GSA), Public Buildings Service (PBS) will begin using Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. The system enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The following are the modules of the system:

(a) Contractor Performance Assessment Reporting System (CPARS): Used to create past performance evaluations on services procurements;

(b) Architect Engineer Contract Administration Support System (ACASS): Used to create past performance evaluations on A/E procurements; and

(c) Construction Contractor Appraisal Support System (CCASS) module: Used to create past performance evaluations on construction procurements.

Throughout the rest of this section, the term ―CPARS‖ will mean the overall evaluation system (inclusive of the CPARS, ACASS and CCASS evaluation modules).

Each award requiring an evaluation will be registered in CPARS by the Government. Within 30 days of award, the contractor will receive an email that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Contractors are encouraged to visit http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm to sign up for free on-http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm

DB 201A 7/11 12 of 21 pages line Contractor Overview training when these sessions are offered. The training session is (2) hours and is specifically for contractor users who will provide Past Performance Evaluation comments on PBS evaluations.

After the contracting officer prepares and releases a contract evaluation, the contractor will receive an email alerting them the evaluation is ready for their review and comment. The contractor will have 30 days to respond to the evaluation. GSA shall provide for review at a level above the contracting officer (e.g., 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.

NOTE: Unless the contractor provides a different point of contact (POC) to the contracting officer after award, the Past Performance Point of Contact (POC) listed on the contractor’s Central Contractor Registration (CCR) profile will be used as the default Past Performance POC. This is the individual who will receive CPARS email alerts. In accordance with FAR Clause 52.204-7 the contractor is responsible for the accuracy and completeness of the data within the CCR database.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions.

III.A.9 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.B FAR/GSAR Solicitation Provisions III.B.1 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.

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(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.

(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.

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(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.

(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

DB 201A 7/11 15 of 21 pages 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 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.

(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.

III.B.2. FAR 52.216-1. Type of Contract. (APR 84) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

III.B.3. FAR 52.222-5. Davis-Bacon Act—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, Davis-Bacon Act, 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.

DB 201A 7/11 16 of 21 pages

(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.

III.B.4. FAR 52.222-23. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999)

(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:

[Locality goals can be found at http://www.dol.gov/ofccp/TAguides/ctaguide.htm in Appendix E of Construction Contractors Technical Assistance Guide.]

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

49.0%

6.9%

These goals are applicable to all 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 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;

http://www.dol.gov/ofccp/TAguides/ctaguide.htm

DB 201A 7/11 17 of 21 pages

(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:

Texas - Presidio County, Presidio, TX.

III.B.5. 52.228-1 Bid Guarantee (Sept 1996)

(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 $2,700,000, 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.

III.B.6. 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 Paragraph I.D.

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

III.B.7. FAR 52.252-1. Solicitation Provisions Incorporated by Reference (FEB 98) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.acquisition.gov/comp/far/index.html http://www.acquisition.gov/comp/far/index.html

DB 201A 7/11 18 of 21 pages

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English Language APR 91

52.215-16 Facilities Capital Cost of Money JUN 03

52.236-28 Preparation of Proposals—Construction OCT 97

III.B.8 552.217-71 Notice Regarding Option(s) (Nov 1992).

The General Services Administration (GSA) has included options to purchase additional quantities of services and to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.

III.B.9 52.217-5 Evaluation of Options (July 1990).

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

IV Buy American and Additional Solicitation Provisions

IV. A Buy American

52.225-12 Notice of Buy American Act Requirement—Construction Materials under Trade

Agreements.

As prescribed in 25.1102(d)(1), insert the following provision:

Notice of Buy American Act Requirement—Construction Materials under Trade Agreements (Feb 2009)

(a) Definitions. ―Commercially available off-the-shelf (COTS) item,‖ ―construction material,‖ ―designated country construction material,‖ ―domestic construction material,‖ and ―foreign construction material,‖ as used in this provision, are defined in the clause of this solicitation entitled ―Buy American Act—Construction Materials Under Trade Agreements‖ (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers.