Solicitation_GS-07P-12-HH-D-0024.pdf

GSA Solicitation No. GS-07P-12-HH-D-0024

Document: DB201A / Sept 2012 (The Solicitation) Page 1 of 27

Design Build Contract for Nationwide IDIQ Construction with Design- Build The Solicitation

552.219-71 Notice to Offerors of Subcontracting Plan Requirements (MAR 2012)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $650,000 ($1,500,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

Notice of Commercial Package Carriers

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

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee

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

II. Proposals A. Proposal Contents B. Proposal Format

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

III. Solicitation Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals

(The Solicitation) Page 2 of 27

G. Bond Requirements H. Vendor Past Performance System I. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Davis-Bacon Act—Secondary Site of the Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American Act G. Buy American Act Exceptions H. Small Business Subcontracting Plan I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

V. Additional Solicitation Provisions and Instructions

A. Additional Solicitation Provisions

VI. 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

(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 Contracts to the selected Offerors, subject to the conditions set forth herein.

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

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

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

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement

(5) Technical, Specifications, and other Attachments to the Agreement

I.C. Authorized Representatives

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

(1) Contracting Officer

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

Fort Worth, Texas 76102 Telephone: (817)978-7172

Email: Cornel.codner@gsa.gov

(2) Alternate Point of Contact

Name: Shawna Villarreal (Contract Specialist) Address: 819 Taylor Street, RM 12B01

Fort Worth, Texas 76102 Telephone: (817)850-5541

Email: Shawna.villarreal@gsa.gov

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

Date: December 12, 2012 Time: 11:00 AM, Central Time

Phone: 877-414-3921 Passcode: 454-5388#

Location: 819 Taylor Street, RM 12B06 Fort Worth, TX 76102

(1) Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. There is a limit of two (2) representatives from each Offeror. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

(2) Questions regarding this RFP will be addressed at a pre-proposal conference where questions will be answered relative to this RFP. All prospective Offeror(s) are requested to submit in advance any questions they may have in writing to Shawna Villarreal at Shawna.villarreal@gsa.gov. The submission of written questions will not preclude anyone from posing questions during the pre-proposal conference.

(3) Failure of a prospective Offeror to attend the conference will be construed to mean that the Offeror fully understands all requirements of the solicitation. Prospective Offeror(s) are advised that the pre-proposal conference will be held solely for the purpose of explaining the concepts involved in the sample project, specifications, terms, and conditions of this solicitation.

(4) All prospective Offeror(s) are advised that this solicitation will remain unchanged unless it is amended in writing. All amendments will be published on fedbizopps.

I.E. Estimated Price Range or Budget Amount

The individual task order(s) will list the estimated price range.

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

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.G. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 2:00 pm Central time on the following date and at the following address:

Date: January 16, 2013 Address: General Services Administration

ATTN: Shawna Villarreal 819 Taylor Street, RM 12B01 Fort Worth, Texas 76102 mailto:Shawna.villarreal@gsa.gov 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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(2) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

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

(4) Any questions regarding this solicitation must be submitted in writing to Shawna.villarreal@gsa.gov no later than 4:00 pm CST, 14 days before the proposal due date.

II. Proposals

II.A. Proposal Contents

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

(1) Price Proposal – Sample Project

(2) Technical Proposal

(3) Representations and Certifications

(4) Subcontracting Plan

(5) Other Documents as Required

II.B. Proposal Format Design-Build Contractors responding to the solicitation notice shall submit proposals in two (2) separate Volumes. Provide one PDF on disc of both the price and technical proposal, along with:

I. Volume I: Technical Proposal, original and five (5) hard copies.

II. Volume II: Price Proposal, original hard copy and five (5) hard copies.

Only one Technical Qualifications Data and Pricing Package may be submitted by each Design- Build Contractor. The original submittal package shall be in an 8-1/2” x 11” 3-ring binder, double-sided format, with one-inch margins, and in a font not less than 10-point in size. Font style is optional.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement.

(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.

mailto:Shawna.villarreal@gsa.gov

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(3) Additional Price Proposal Requirements

The Price Proposal shall consist of the following:

1) Signed Standard Form 1442, including acknowledgement of all amendments (if any)

2) Completed Sample Project Price Proposal Form

3) Representations and Certifications, using the C301

II.D. Technical Proposal

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

(1) Experience and Past Performance Delivering Design-Build Services

This factor considers each Offeror’s previous experience and past performance delivering design-build projects within the last 8 years.

PREVIOUS EXPERIENCE

For previous experience, a previous project/program is only applicable for submittal and consideration if it meets the five criteria listed below:

1. The prime contractor had contractual obligations for both design and construction.

2. The prime contractor had designated one project/program manager to manage both the design phase and construction phase.

3. The project or program was completed within the last 8 years.

4. The project had a base contract value of at least $1,000,000.00.

5. The prime contractor or its joint venture team partner must have performed the majority of the tasks for the project.

Previous experience projects/programs may receive additional consideration in terms of relevancy if they have some of the following characteristics:

1. Technology projects/programs including the design, specification, installation, configuration, implementation and start-up of imaging systems, telecommunications systems, data systems, security systems or computing systems in secure government installations.

2. Executing multiple projects/programs at geographically dispersed locations.

3. Executing multiple projects/programs at extremely remote locations within the United

States/territories of the United States.

4. The proposed design-build team has documentable previous experience working together on past projects or programs – at least three previous projects working together over the course of at least the past five years.

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Successful Offerors will be required to deliver projects/programs at one or more of the following types of facilities. Therefore, previous experience project/program submittals at these locations may receive additional consideration:

1. One or more Land Ports of Entry on either the northern border, southwestern border, or both

2. Border Patrol stations or facilities

3. Military installations

4. Military air bases

5. Civilian airports

6. Marine/sea ports

PAST PERFORMANCE

Past performance will be evaluated by determining each Offeror’s success for each submitted past-performance project/program with respect to:

1. Quality

2. Timeliness

3. Budget performance

4. Dispute avoidance

5. Flexibility and problems solving

6. Safety performance

7. Customer service/satisfaction

8. Number and extent of warranty problems

Submittal Requirement:

Offerors must submit at least five (5) project/program data sheets. All five (5) projects/programs must have been design-build for facilities and/or infrastructure projects at locations similar to those listed above (1-6) for additional consideration. Each project/program data sheet must be four pages or less (2 pages front & back). Submittals can be in any format and may include additional information, but must present all of the following required information for bullets numbered 1-12:

1. Project title

2. Contract number

3. Contact information for the owner’s representative who is familiar with the project and the Offeror’s performance. Provide the current name, phone number and email address.

4. Brief project description

5. Design firm name, if different from the prime contractor

6. Project size quantifiers. Examples include square footages, number of houses or buildings, acres, lineal feet of pipe/roadway, etcetera.

7. Project delivery method

8. Base contract $ value

9. Actual completion date after all changes

10. Name of design-phase project manager

11. Name of construction-phase project manager

12. Amount of liquidated damages assessed, if any

Additional references may be contacted. Evaluators may consider performance on contracts which are not submitted by the Offeror if they have knowledge of contracts not listed or if

(The Solicitation) Page 8 of 27 contracts not listed are discovered during interviews. The National Institute of Health’s Contractor Performance System may also be queried regarding Offeror’s past performance on government contracts.

The Government may use data obtained from other sources such as Past Performance Information Retrieval System (PPIRS); Federal Awardee Performance and Integrity Information System (FAPIIS); Contractor Performance Assessment Reporting System (CPARS); and Excluded Parties List system (EPLS) that it considers current, accurate and relevant.

Failure of the Offeror to provide accurate contact information for the references given for any of the factors will negate the reference. GSA is not required to search for current/correct contact information including phone numbers or email addresses.

(2) 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, number of years of experience in relevant field depending on the position held, and proof that they have the skills and abilities to effectively fulfill their responsibilities for the project.

Each Offeror must submit resumes according the requirements below for at least the following personnel:

1. Contract Director – A Vice President or similar senior staff member of the prime contractor with at least the following qualifications:

A person with the required construction experience (at least 10 years) and authority to command all resources necessary for delivery under this contract

Bachelor’s degree or higher

2. Project Managers – provide resumes for at least four (4) project managers that will be assigned to manage task orders awarded under this contract. Project managers must have documentable experience (at least 8 years) managing both design and construction phases of design-build projects. Project Managers must have the following qualifications:

Bachelor’s degree or higher in architecture, engineering or construction management

At least 8 years of experience managing design and construction efforts on design-build projects

3. Design staff – provide resumes for at least five (5) key personnel from either the prime contractor’s in-house design staff and/or from the subcontracted design resources firm(s) that will be the joint venture partner(s) with the prime contractor for this contract. Include personnel from all key design disciplines expected to be required for the typical task orders awarded under this contract: architectural;

civil; mechanical; electrical; technology. All design staff members must have at least 8 years of experience. Design staff must have the following qualifications:

Bachelor’s degree or higher in architecture or engineering from an accredited university

Professional licensure in at least one state

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At least 8 years of experience managing design efforts on design build and construction projects

4. On-site superintendants - provide resumes for at least four (4) project superintendants that will be assigned to manage task orders awarded under this contract. These superintendants must have full-time on-site experience and will be expected to be deployed to the project locations for task orders awarded under this contract.

All superintendants must have at least 6 years of experience on construction projects

5. Quality Assurance / Quality Control Director – provide a resume for the person who will be singularly responsible for implementing and managing the QA/QC efforts for all awarded task orders. Optional – provide resumes for other key members of the QA/QC staff.

The QA/QC Director must have at least 10 years of experience on construction projects

6. Safety Director - provide a resume for the person who will be singularly responsible for implementing and managing the safety efforts for all awarded task orders. Optional – provide resumes for other key members of the safety staff.

The Safety Director must have at least 10 years of experience in managing safety efforts for construction projects

Submittal Requirements:

Offerors must submit resumes, two pages maximum (two pages one-sided or 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.

Each resume must include the contact information (supervisor name and telephone number) for each employer worked for.

Resumes must also include the following items:

1. A brief summary statement for each resume describing how each person is uniquely qualified to perform in their proposed position for task orders under this contract

2. College degrees and majors, if any, including graduation month/year

3. Certifications and/or credentials specific to current position/responsibilities

4. Licensure, if any and states licenses held

5. Tenure, i.e. – number of months worked for current and each previous employer/major project.

(3) Management Approach Plan

This factor considers the offeror’s management approach plans that must be implemented for the multiple challenging task orders with multiple challenging situations for each task order to be awarded under this IDIQ contract.

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Each task order must be executed satisfactorily in terms of technical quality, timeliness, safety and budget. However, each task order will present its own unique challenging situations. Each management approach plan submitted offers the opportunity for offerors to show their ability to perform strategic pre-project planning after task order award AND senior management’s commitment to ensure that management plans are implemented successfully by project/task order staff.

Submittal Requirement:

Offerors must submit one proposed management approach plan for each of the three challenging situations (three management approach plans total) that are certain to be encountered in the eventual task orders awarded under this contract.

Each management approach plan must have at least these components:

1. Strategies and tactics for surmounting the challenging situations

2. Steps the contract director will take to confirm strategies and tactics are competently implemented by project/task order staff

3. The reporting that the contract director will provide to the GSA Contracting

Officer’s Representative and the GSA task order project managers to ensure quality service and customer satisfaction throughout the Periods of Performance for each task order

Challenging Situations:

1. Remote locations with minimal access to resources such as food, lodging, materials, labor, qualified subcontractors and equipment

2. Finding, hiring and managing an unfamiliar and unproven contractor pool

3. Managing multiple (three or more) concurrent task orders that are geographically dispersed in any of the 50 U.S. states and/or territories

Each management approach plan must be succinct. Each management approach plan must be no more than two pages long (one page – both-sides or two pages – single-sided).

(4) Subcontracting 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.

Submittal Requirements:

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.E. Other Information to be Submitted with Proposal

Representations and Certifications:

The System for Award Management (SAM) is a new system that consolidated CCR, FedReg, ORCA and EPLS. In accordance with FAR 4.11 and the Clause FAR 52.204-99 (Deviation), all Offeror’s registration at http://www.ccr.gov shall be active and current as of the date set for receipt of proposals. Since CCR no longer exists as a standalone website, all Offeror’s must be registered in SAM by the date set for receipt of proposals. Offerors submitting a proposal in response to this Solicitation shall also complete electronic annual representations and certifications at https://www.sam.gov/. Offerors shall also submit with their proposal the Annual Representations and Certifications (FAR 52.204-8).

II.F. Requirements for Joint Venture Offerors

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

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

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

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

III. General Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but will not warrant that all such requests will be answered within 15 calendar days. Therefore, prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

https://www.sam.gov/portal/public/SAM/

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III.C. Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

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

III.F. Notice Concerning Preparation of Proposals

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

III.G. Bond Requirements

Performance Bonds: Any task orders awarded will require a performance bond as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under FAR 28.102.

III.H. Vendor Past Performance System

(1) The General Services Administration (GSA), Public Buildings Service (PBS) is using the 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

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(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).

(2) 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.

(3) 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 two (2) hours and is specifically for contractor users who will provide Past Performance Evaluation comments on PBS evaluations.

(4) 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.

(5) 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.I. Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

IV. FAR/GSAR Solicitation Provisions

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

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

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

http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm

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“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.

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(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.

(The Solicitation) Page 16 of 27

(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.

(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.

(The Solicitation) Page 17 of 27

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

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

IV.C. 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.

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

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

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

Action Compliance Requirements for Construction clause of this solicitation.

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

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

6.9%

*Minority Goals for this solicitation will vary by the locality of the work performed and the percentage will be provided on each individual task order.

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

(The Solicitation) Page 18 of 27 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;

(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:

The geographical areas where the work is to be performed will be provided on each individual task order.

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

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

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

IV. F. Buy American Act 52.225-10 Notice of Buy American Act Requirement—Construction Materials (SEP 2010)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “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” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations 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. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the

(The Solicitation) Page 19 of 27 clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the…