Sol_Asbestos_Abatement_and_Mold_Remediation_Services_West 1 .doc

Asbestos Abatement and Mold Remediation Services (West) GSA-PBS-7PQA Indefinite Quantity Contract Greater Southwest Region Solicitation No. GS-01P-12-HH-D-0009A

U.S. General Services Administration Greater Southwest Region

SOLICITATION

SOLICITATION NO:

GS-07P-12-HH-D-0009A

ISSUE DATE: February 29, 2012

PROPOSALS DUE: March 16, 2012

GSA MISSION STATEMENT: The GSA mission is to use expertise to provide innovative solutions for our customers in support of their missions, and by so doing, foster an effective, sustainable, and transparent government for the American people.

Construction Contract for Asbestos Abatement and Mold Remediation Services, Region 7 West GSA Solicitation No. GS-07P-12-HHD-0009A

C201-SB 1/12

Notice to Offerors of Total Small Business Set-Aside The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

52.219-6, Notice of Total Small Business Set-Aside (June 2003)

NOTICE

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 the Contract

B.

List of Solicitation Documents

C.

Authorized Representatives

D.

Pre-Proposal Conference

E.

Maximum Order Limit

F.

FAR 52.228-1 Bid Guarantee

G.

FAR 52.236-27 Site Visit - Construction

H.

Receipt of Offers

II.

Proposals

Proposal Contents

Price Proposal

Technical Proposal

Other Information to be Submitted with Proposal

Requirements for Joint Venture Offerors

III.

Solicitation Provisions

General Provisions

FAR/GSAR Solicitation Provisions

IV.

Buy American and Additional Solicitation Provisions

A.

Buy American Act

B.

Buy American Exceptions

C.

Special 8(a) Requirements

D.

Additional Provisions

V.

Method of Award

Evaluation of Offers

Determination of Responsibility

Price Reasonableness

Unbalanced Prices

Total Evaluated Price

F.

Non-Price Factors

G.

Evaluation of Joint Venture Offerors I

General Information

I.A

The Solicitation and Contract

I.A.1 This Solicitation is set-aside for Total Small Businesses, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. 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 The Solicitation shall not be part of the Contract. An Offeror’s proposal shall not be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

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

The Solicitation Documents are comprised of:

1.

The Solicitation

2.

Offeror Representations and Certifications Form (C301)

3.

Other Forms Required For Submission with Proposals

4.

Standard Form (SF) 1442 – Solicitation Offer and Award

5.

The Agreement and all Attachments to the Agreement

6.

Specifications I.C

Authorized Representatives

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

I.C.1 Contracting Specialist

I.D

Pre-Proposal Conference I.D.1 A pre-proposal conference regarding this Solicitation is scheduled for the following locations:

A conference number will be available as well 866-564-9718 Passcode: 1817722. Please contact Trevor Simon for details at 817-978-0122

I.D.2 Interested parties must notify the Contract Specialist for further information about attendance and to confirm location, time, and date. 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.

1.D.3 ADDITIONAL INSTRUCTIONS:

1.3.1 Offerors are advised that hand carried proposals must be complete and must be received at the place designated in this solicitation before the time and date set for receipt of proposals.

1.3.2. PROPOSAL PREPARATION COST - This RFP does not commit the Government to pay any costs incurred in the preparation and submission of any proposals. It does not commit the Government to procure or contract for said services. The Contracting Officer is the only individual who can commit the Government to the expenditure of public funds in connection with this proposed procurement.

1.3.3 For this negotiated, source selection procurement, there will be no public opening of proposals. The Government will keep the content of all proposals confidential until an award is made. Since the possibility of requests for final proposal revisions exists, offerors and their subcontractors are advised to keep their offers confidential until award is made.

1.3.4 ALTERNATIVE DISPUTE RESOLUTION - The use of alternative dispute resolution (ADR) procedures is authorized by this solicitation/contract. ADR is defined as any procedure that is used in lieu of an adjunction to resolve issues in controversy including, but not limited to, settlement negotiations, mediation, mini-trials, arbitration or any combination thereof. The Contracting Officer is committed to using ADR before issuing a final decision to expeditiously and cost-effectively resolve claims or issues in controversy which may arise during the course of the contract. Participation in ADR is voluntary; however, if the Contractor refuses an offer of ADR, the contractor shall inform the Contracting Officer, in writing, or the specific reasons for rejecting the request.

If the Contractor agrees to the use of ADR, the contracting Officer and Contractor shall mutually and consensually arrive at an agreement of the type of ADR procedure to be used, the potential neutrals to be used, how costs are to be allocated, a tentative schedule, confidentiality provisions, and any other terms that may be appropriate.

I.E

Maximum Order Limit

1. The estimated total of the contract is up to $1,000,000 per one-year period, without carry over to the next year.

2. The guaranteed minimum shall be $1000 for the base year ONLY.

3. The Contractor will not be required to perform work where the value of the work required in the task order is less than $500.00 in any one building/facility.

4. The Government may order services that do not fall within the stipulated minimum/maximum order limitations, (Reference FAR 52.216-19 – Delivery Order Limitations (OCT 1995)) but the Contractor may reject such orders by written notice to the ordering official. If the Contractor does not reject such orders within 3 days of receipt, such orders shall be deemed accepted, and all provisions of the contract shall apply.

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

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

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

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

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

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $200,000, whichever is less.

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

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

I.G

FAR 52.236-27 Site Visit - Construction (FEB 95)

I.G.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 and are in the attached Agreement. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

I.H

Receipt of Offers

I.H.1 In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 4:00 p.m. (CST) on the following date and at the following address:

Attn: Trevor A. Simon

819 Taylor Street, 12B01

Fort Worth, TX 76102

I.H.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.

I.H.3 Offers sent by United States Mail shall be deemed timely if delivered to the address of the government installation 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

· Factor 1 - Environmental Impact Plan

· Factor 2 - Experience and Past Performance of Prime Contractor and Key

Subcontractors

· Factor 3 - Management and Technical Approach

· Factor 4 - Experience, Past Performance and Qualifications of Key Personnel 3.

Representations and Certifications (C301)

4.

Bid Guarantee, using Standard Form 24 5.

GSA Form 527 – Contractor’s Qualification and Financial Information

6.

Other Documents as Required

II.B.

Price Proposal

II.B.1

Contents

The Price Proposal shall consist of three (3) completed SF 1442’s, which includes percentage factors in a sealed envelope (separate from the technical proposal), marked “PRICE PROPOSAL GS-07P-12-HH-D-0009A”. All three copies shall have original signatures. One completed Representations and Certifications. All items are to be signed by an authorized representative of 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.C

Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors.

II.C.1

Environmental Impact Plan of Offeror This factor considers the offeror’s environmental impact plan. The plan addresses how the offeror plans to reduce the environmental impact of the products and services provided during performance of the resultant contract.

The contractor should address the following topics, if applicable, in their Environmental Impact Plan:

· Ongoing Consumable Products

· Durable Good Products

· Facility Alteration and Addition Base Building Element Products

· Cleaning Equipment Products

· Cleaning Supply Products

· Concession Products

· Other Green Products

· Use of Green Transportation/Meetings

· Voluntary Green Consensus Standards/Product Certifications

· Use of Recycled Materials

· Plan to Minimize, Reuse, or Recycle Project Materials

· Additional Miscellaneous Green Practices

In addressing each category, the contractor must describe how their plan will meet the scope of work requirements and whether their approach will reduce the environmental impact beyond the requirements of the scope of work. The contractor that proposes green products and services beyond the requirements of the scope of work that will likely reduce the overall environmental impact of the project will be evaluated higher.

The contractor must identify up to three (3) projects similar in size, scope, and complexity where they have implemented green products and services during the performance of a project that reduced the environmental impact of the project. For each project, the contractor must provide the following information:

· Dollar value of the prime contracts

· Date of contracts start and completion, including options

· Type of contracts (firm fixed price, incentive fee, time and materials, etc.)

· Description of the green products and services implemented and how they reduced the environmental impact of the projects

· Name, title, address, and current telephone number of the building’s owner or a representative of the owner who can attest to the acceptability of the services provided

The contractor will be evaluated based on how well the contractor successfully implemented green products and services required in the contracts. A contractor will be evaluated higher on a project where the contractor’s implementation of green products and services reduced the environmental impact of the project beyond the requirements of the contract.

The contractor must provide up to two (2) references for each project listed. For each reference, the contractor must include the reference’s name, title, project, email address, and telephone number. If no references are provided for a project, that project will not be evaluated. The government is not required to ensure that an equal number of references be obtained.

In addition, the government may consider the contractor’s past performance on any other relevant contract which the contractor has implemented green products or services within the past five (5) years, of which the government has knowledge or becomes aware of as a result of references or other means.

II.C.2 Experience and Past Performance of Prime Contractor and Key Subcontractors This factor considers the quality of the offeror's past performance in performing work with respect to a minimum of five (5) years experience as a licensed asbestos abatement contractor and a minimum of five (5) years experience in mold abatement in at least one or more of the following states: Oklahoma, New Mexico, and South Central Texas. All asbestos work, performed under this contract, shall be performed by licensed asbestos abatement parties (either a Prime Contractor and/or Key Subcontractor) that is licensed in the state and/or municipality in which the work is to be performed. All asbestos abatement and mold remediation work performed under this contract shall be performed by licensed asbestos and mold parties that are licensed in the state and/or municipality in which the work is to be performed, in accordance with required state or municipality licensing for said work. Proof of licensing and of the requisite experience will be verified prior to awarding a contract, or any delivery/task order issued under the contract.

The term “quality” is defined as meeting or exceeding the customers’ requirements as set forth in the abatement contract documents (drawings and specifications) of technical quality, delivery, timeliness and completion within budget. For evaluation purposes, the offeror must show through a combination of projects, demonstrating experience with the following: Mechanical (Boiler Demolition), Air Handling Systems, Structural Asbestos Insulation, Sprayed on Fireproofing, Exterior Cooling Tower Removals, Removal of Transite Siding and/or Transite Panels, Removal of Roofing Materials and the ability to perform demolition. The prime contractor and/or any subcontractors must also show successful lead and mold remediation projects.

Past performance information to be evaluated includes, but not limited to, timeliness of delivery/performance, including adherence to contract schedules and timely submission or performance of required tests and submittals; resolution of disputes and delays, number of "show cause" letters and cure notices issued, number of contract extensions resulting from contractor-caused delays; conformance to contract requirements, including quality of workmanship, timeliness and adequacy of correction of deficiencies, number and extent to warranty problems; on-the-job safety performance record including the number of lost or restricted workdays due to occupational injuries in comparison to the national average; compliance with key contract provisions (e.g., subcontracting program, labor standards, safety standards, reporting requirements, etc.); the offeror's history for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the offeror's business-like concern for the interest of the customer.

Evaluators shall contact at least 5 projects submitted. Evaluators may consider performance on contracts which are not submitted by the offeror if they have knowledge of contracts not listed or if contracts not listed are discovered during interviews. The same basic questions shall be asked of each reference contacted (See attached questionnaires). The interviews shall be documented to indicate who called for GSA, who was interviewed, questions asked and answers provided. The documentation must be reviewed by all evaluators.

Submittal Requirement:

The term “similar” is defined as any asbestos abatement or mold remediation projects in an occupied commercial building. Project size should be larger than NESHAP limits for asbestos or larger than 25 contiguous square feet for mold.

Offerors are required to submit technical capabilities, experience and references by providing information as follows: (1) List five (5) projects that your firm has completed over the last 5 years, a minimum of 3 of the 5 submitted must be “similar” and performed by the offeror. A minimum of 2 of the 5 submitted must be “similar” and performed by the proposed subcontractor. All 5 projects must be submitted in the following format:

Project title and contract number Name, address and current phone number of firm contracted to do the work (offeror or proposed subcontractor as stated above);

Name of person representing the owner who is familiar with the project and their current phone number;

Project description;

Contract period (start and completion dates);

Description of work done directly by offeror;

Original construction award amount;

Actual completion amount;

Number of owner initiated change orders;

Number of contractor initiated change orders;

Planned completion date and actual completion date;

Amount of liquidated damages assessed;

Name of On-Site Supervisor.

Information based upon the above projects shall demonstrate the offeror's experience and past performance with projects of asbestos abatement (construction) activities, mold abatement, and lead abatement. The projects cited shall demonstrate experience and past performance of the offeror with respect to the following elements; timely completion of the work, successful execution of similar work items (as noted above), simultaneous execution of multiple work items, and any other requirements for the project.

Provide proof of experience in oversight monitoring of asbestos abatement projects. Provide the number of projects “monitored” this past year, the number of projects over $200,000 “monitored” in the past five years (only the Asbestos Abatement (Construction) part of the project cost is to be counted), and certification of intention and ability to monitor on-site full time.

Offerors are cautioned to submit accessible references. References which cannot be contacted and/or verified will not be considered.

II.C.3 Management and Technical Approach This factor is comprised of the offeror’s intent and breadth of knowledge and understanding of the requirements for planning, organizing and controlling the execution of an asbestos abatement project, including scheduling work, coordination of subcontractors, trades and suppliers, minimization of delays and compliance with tenants needs. It includes: the coordination to assure compliance with contract requirements; dealing with issues, problems, questions, emergencies and other areas of concern.

To be considered for award, the contractor shall meet the following minimum requirements:

The contractor must have a minimum of five (5) years experience as a licensed asbestos abatement contractor and a minimum of five (5) years experience in Asbestos abatement and mold remediation in at least one or more of the following states: Oklahoma, New Mexico, and South Central Texas. All asbestos work performed under this contract shall be performed by licensed asbestos abatement parties (either a Prime Contractor and/or Key Subcontractor) that is licensed in the state and/or municipality in which the work is to be performed. All mold remediation work performed under this contract shall be performed by licensed mold remediation parties that are licensed in the state and/or municipality in which the work is to be performed in accordance with required state or municipality licensing for said work. Proof of licensing in at least one of the above mentioned states and of the requisite experience will be verified prior to awarding a contract, or any delivery order issued under the contract. Proof of licensing in all states served under this contract must be provided 60 days after contract award.

DO NOT COUNT ON EXEMPTION FOR FEDERAL BUILDINGS.

The technical and administrative approach to the management of future projects awarded under this solicitation has two-parts:

Sub-Factor 1 (One): Requires the offeror to complete “Appendix A”. Failure to submit complete and acceptable information may cause your proposal to be non-responsive.

Sub-Factor 2 (Two): Provide two scenarios with questions to be answered by the offeror in areas of technical quality, delivery, timeliness, safety and budget maintenance. Listed are descriptions and submittal requirements, Appendix A and the scenarios with questions with standard answers following the scenarios.

Submittal Requirement:

Offeror shall complete sub-factor 1 (One) - “Appendix A”. Sub-factor 2 (Two) requires the Offeror to provide recent (completed within the past five (5) years) examples of their management approach of a similar project in answering the scenarios and corresponding questions. If offeror uses past experience, he/she must supply reference information such as name, point of contact, address, and current telephone number of previous project.

NOTE: If the scenario does not apply to your firm, please answer to the best of your ability.

FAR 52.236-1 – PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

II.C.4 Experience, Past Performance and Qualifications of Key Personnel This factor considers the education, knowledge, experience, and expertise of key individuals assigned directly to the project. Key personnel include: On-Site Supervisor(s), Project Manager or Coordinator, major subcontractors, and any other necessary administrative and technical personnel to accomplish the work and who are to be assigned to this project.

Submittal Requirement:

List key personnel and their training and experience, and describe the duties of the key personnel in the following format:

Names of key personnel and title, Certificates/Licenses Numbers for key personnel (Supervisor)s), Waste Hauler, and Air Monitor); Experience; Duties; Amount of time individual will dedicate to projects arising from this contract. State this person’s signature authority for the contractor and restrictions, if any. List a minimum of five (5) similar projects that your firm or subcontractor has performed over the last five (5) years. All 5 projects must be submitted in the following format:

Project title and contract number and contract period.

Name and current phone number of owner representative most familiar with the project;

Project description; completed amount; amount of liquidated damage assessed, if any.

If key personnel experience was obtained while in the employment of another firm, identify the firm and a representative by name, address, and current phone number. Show a staffing plan that indicates responsibilities of key personnel and interface with major subcontractors.

Provide formal training and experience of key personnel to “collect” and “analyze” bulk samples.

Provide formal training, experience, and certification of intention and ability to analyze “on-site” on a full time basis of key personnel to “collect” and “analyze” air monitoring samples.

The Government is not limited to contacting only those references provided by the Offeror. The Government may also consider the major subcontractors’ performance on contracts not submitted by the Offeror that the Government is aware of or becomes aware of.

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. Offerors shall also submit with their proposal the Annual Representations and Certifications (FAR 52.204-8) using file C301 attached to this Solicitation.

II.D.2

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

OFFERORS - EXTREMELY IMPORTANT SUBMITTING A PROPOSAL

To submit a proposal you must:

a. Submit a price proposal and a technical proposal in separately sealed and identified envelopes.

b. The price proposal must contain:

- 3 originals of Standard Form 1442, “Solicitation, Offer and Award”

- 1 completed copy of the Representations & Certifications form

- 1 completed copy of the Document Security Order and Certification - Bid Bond in the amount of $200,000; use Standard Form 24

c. The Technical proposal must be submitted in an original and two copies.

The entire solicitation and any and all amendments apply to the base contract and any and all options exercised.

OFFERORS MUST BE REGISTERED IN THE CONTRACTOR CENTRAL REGISTRATION (CCR) DATABASE TO BE ELIGIBLE FOR AWARD. REGISTRATION SHOULD BE ACCOMPLISHED PRIOR TO SUBMITTING A PROPOSAL. REGISTRATION IS MANDATORY PRIOR TO RECEIPT OF AN AWARD.

ACKNOWLEDGMENT OF AMENDMENTS: Refer to Block 19 on the SF1442, Solicitation, Offer and Award.

LATE PROPOSALS: Proposals must be received by 4:00 p.m., CST, on the date and place identified in this solicitation. Late proposals will be handled in accordance with FAR 52.215-1.

QUESTIONS All questions concerning this solicitation shall be directed to the Contract Specialist in writing. The Government may choose not to act upon offeror’s questions received within 10 calendar days from the proposal submission date.

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.

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. 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

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

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-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.8

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.

(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.

(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 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. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint.

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

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

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

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

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

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

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

(iv) A summary of the rationale for award.

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

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

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.

(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)

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

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

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

See appendix B

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…