8(a) MACC IDIQ_Solicitation No. GS-08P-14-JB-D-0024 Final.pdf

8(a) Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Construction Contract (MACC) for Region 8

The Solicitation

This solicitation is set aside for 8(a) concerns.

See IV.A 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference & Site Visit E. Estimated Contract Value F. Receipt of Offers

II. Proposals A. Proposal Contents B. Proposal Format

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

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Assessment Reporting System H. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions

A. FAR 52.219-18 Notification of Competition Limited to 8(a) Concerns B. FAR 52.216-1 Type of Contract C. FAR 52.216-27 Single or Multiple Award D. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition E. FAR 52.233-2 Service of Protest F. FAR 52.222-5 Davis Bacon Act – Secondary Site of the Work G. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction H. Buy American Act I. 552.219-74 Section 8(a) Direct Award. (SEP 1999) J. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98)

V Method of Award A. Evaluation of Offers B. Determination of Responsibility

C. Price Factors D. Unbalanced Prices E. Non-Price Factors

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for an Indefinite Delivery Indefinite Quantity (IDIQ) Multiple Award Construction Contract (MACC) described in the Solicitation Documents. This Solicitation is set-aside for Small Business 8(a) Program, in accordance with FAR 19.8. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award Contract(s) to the selected Offeror(s), 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.

(4) It has been determined that competition will be limited to 8(a) firms located within Region 8; Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah and other 8(a) firms with a bona fide place of business within the geographical competitive area, and the assigned NAICS code. All other 8(a) BD Participants are deemed ineligible to submit offers.

(5) Joint Venture Agreements – Joint Ventures are allowable on competitive 8(a) set-asides, however, the joint venture agreement must be received by Small Business Administration (SBA) prior to proposal due date and approved before award of any resulting contract. If you are contemplating a joint venture on this project, you must advise, in writing, your assigned SBA Business Opportunity Specialist (BOS) as soon as possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations. Any corrections and /or changes needed can be made only when your BOS has adequate time for a thorough review before the proposal due date. No corrections and /or changes are allowed after time of submission of proposal or bids.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Other Forms Required For Submission with Proposals

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

(5) The Agreement and 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: Raymond Panaguiton Address: 1961 Stout Street, Suite 107, Denver, CO 80204

Telephone: 303-236-1087 Email: raymond.panaguiton@gsa.gov

(2) Alternate Point of Contact

Name: Christina Niemi Address: 1961 Stout Street, Suite 107, Denver, CO 80294

Telephone: 303-236-2831 Email: christina.niemi@gsa.gov

I.D. Pre-Proposal Conference & Site Visit (Chavez EDA Buildout Seed Project)

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

Date: April 29, 2014 Time: 9:00 AM Mountain Standard Time

Location: Cesar Chavez Memorial Building, 1244 Speer Blvd, Denver, CO 80204

(2) Identification is required for access in federal office buildings. Offerors are responsible for finding their own parking. Provide the number of individuals in your party attending the pre-pre-proposal/site visit.

Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend.

To request a reasonable accommodation due to a disability, contact the Contracting Officer.

All questions for the IDIQ contract and Task Order seed project must submitted via email no later than 3:00 PM Mountain time on May 5, 2014. The answers will be posted on Fed Biz Ops (FBO) no later than 3:00 PM Mountain time on May 9, 2014.

I.E. Estimated Contract Value

The aggregate value of all awards is $100,000,000 for a total of 5 year period of performance and will be shared by all awardees.

I.F. Receipt of Offers

(1) In order to be considered for award, proposals must be received at the following office no later than 3:00 PM Mountain time on the following date and at the following address:

Date: May 20, 2014 Address: U.S. General Services Administration, Attn: Raymond Panaguiton, 1961 Stout

Street, Suite 107, Denver, CO 80294

(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 government installation designated for receipt of offers on or before the date established for receipt of offers.

II. Proposals

The offeror’s proposal must include all data and information requested. Any offeror who submits an incomplete package may be considered ineligible for award. Non-conformance with the instructions provided may result in an unfavorable proposal evaluation. Material contained in proposals that exceed the requisite page limit will be disregarded and not considered in the evaluation. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation. The proposal should not simply rephrase or restate the Government's requirements, but rather provide convincing, factually-based explanation on how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience. The Government will base its evaluation on the information presented in the offeror’s proposal, and the Government reserves the right to use any past performance information available to it. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions. Changes to the solicitation prior to the deadline for receipt of proposals will be executed via issuance of SF-30.

The SF-30 will be posted and available on http://www.fbo.gov under the announcement number of the solicitation. Offerors are encouraged to check the solicitation announcement regularly to verify issuance of amendments. Offerors shall acknowledge receipt of any amendment and provide confirmation upon submission of the offeror’s proposal on the SF1442. Any unacknowledged amendments in the offeror’s proposal will be considered deficiency in the evaluation of the proposal.

II.A. Proposal Contents

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

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications

4. Bonding Company Statement

5. SF Form 1442 – Solicitation, Offer, and Award

II.B. Proposal Format

Offerors who wish to submit an offer will be required to submit an original and (5) copies of each part of the proposal and one (1) electronic version. Each copy shall be marked clearly as “original” or “duplicate copy”. All materials submitted shall be in typeface Times New Roman 12 point, single spaced on 8-1/2” X 11” white paper with one inch margins all around. Proposals shall not exceed 60 pages and printing on each of the paper counts as two pages. Cover page and project photos will not count against the page limit. The content and page size of electronic copies must be identical to the hard copies. When discrepancies exist between the written offers and those provided in electronic format, the written offer will take precedence in all cases. All electronic versions must be in MSOffice format or Adobe pdf format. Electronic versions should be on a CD.

With the proposal the Offeror will also provide a notarized statement from a Treasury-approved surety of an aggregate bonding capability of $3,000,000 and a minimum per-contract (Task Order) bonding capacity of $500,000. Each Task Order will be bonded separately.

Proposal title pages must include the title of the solicitation, solicitation number, Offeror name and date of the submittal and volume number. Proposals shall be submitted in tabbed 3 ring binders or bound with coil or comb binding.

Volume 1:

TAB A: Standard Form 1442, completed and signed by authorized individual(s) of the Offeror.

TAB B: C301 – Representations and Certifications

TAB C: Bonding Documents (IDIQ & Seed Project)

TAB D: Seed Task Order Pricing – Chavez EDA Bid Sheets

TAB E: Task Order Bid Bond (20% of bid price) – Standard Form 24

TAB F: Maximum Forward Pricing Rates for IDIQ contract

Volume 2:

TAB G: Past Performance of Offeror

TAB H: Experience of Offeror

TAB I: Technical Approach of Offeror

TAB J: Bonding Capacity of Offeror

II.C. Price Proposal

(1) Contents:

The Price Proposal shall consist of the signed SF 1442 and the pricing information required in the IDIQ contract and Seed Task Order, Representations and Certifications, Surety Bonding Letter, Task Order Bid, Performance, and Payment Bonds, and Maximum Forward Pricing Rates.

(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.

(3) Additional Price Proposal Requirements:

Seed Project Pricing

U.S. Economic Development Administration (EDA) Tenant Improvement Project located in the Cesar Chavez Memorial Building, Denver, CO.

Offerors shall fill out the Seed Project Bid Sheets with a price breakdown of labor, materials, equipment, and supervision in accordance to the Scope of Work (SOW) required for the seed project. Bid sheet forms will be attached.

The offerors seed project pricing must be within the maximum forward pricing rates proposed for the IDIQ contract.

If the seed project price for award of the task order is considered unreasonable or not complete the offeror may be eliminated from consideration for award unless, the CO determines a clarification in accordance with 15.306(a) is warranted or discussions are required.

Offerors are encouraged to provide their best competitive pricing for the seed project and only the selected IDIQ awardees will be eligible for the seed project task order.

II.D. Technical Proposal

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

Evaluation Factors

The evaluation factors for award of the IDIQ contract(s) and Seed Task Order are listed in descending order of importance and weighted accordingly: Past Performance of Offeror, Experience of Offeror, Technical Approach of Offeror, and Bonding Capacity of Offeror.

For award of the IDIQ contract(s), Non-Price Factors, when combined, are significantly more important than Price. The award of the 1st Task Order (Seed Project) will be based on the lowest price from the successful IDIQ contract recipients.

Definition

Similar Project(s) means a project or projects for new construction of a building or for repair, alteration, or renovation of a building. The major areas of work includes site work/demolition, electrical, mechanical, HVAC, fire alarm systems, plumbing, concrete, thermal & moisture protection, woods & plastics, doors & windows, metals, and finishes.

Factor 1: Past Performance of Offeror – 30%

The basis of evaluation will include the quality of Past Performance of the Offeror as the General Contractor (GC) on Similar Projects costing at least $5,000 completed within three years prior to issuance of the solicitation.

. The evaluation of the Offer’s past performance will be for the following:

commitment to customer satisfaction record of conforming to construction specifications quality of workmanship effective subcontractor management adherence to schedules

The government will consider Similar Projects submitted by the Offeror in response to Factors 1 or 2 and any other information it becomes aware of relevant to this Factor 1.

Public Building Service (PBS) Past Performance Questionnaire forms shall be provided for each reference submission. Offerors will submit all reference questionnaire forms with the proposal package. By submitting the PBS Past Performance Questionnaire, the offeror certifies that no changes have been made from the reference’s (Client) answers and comments. (The questionnaire form will not count against the 60 page maximum.)

The name, title, company name, current address, current phone number, e-mail address, and current fax number for each reference must appear on the form.

This factor will be evaluated based upon the written responses to the RFP by the Offeror and by the evaluation of responses of references recommended by the Offeror.

See definition of Similar Projects.

Factor 2: Experience of Offeror – 30%

The basis of evaluation will be the Offeror’s experience as the GC with Similar Projects. The Offeror should have at least three Similar Projects each costing at least $5,000 completed within three years prior to issuance of the solicitation. At least one of such Similar Projects should be a Similar Project costing at least $200,000 completed within three years prior to issuance of the solicitation. The government will consider Similar Projects submitted by the Offeror in response to this Factor 2 and any other information it becomes aware of relevant to this Factor 2.

A more favorable evaluation will be provided for submission of Similar Projects each costing at least $5,000 that are more similar to the work described in the seed project requirements, or the greater the number of Similar Projects each cost at least $5,000, or both. See definition of Similar Projects.

Factor 3: Technical Approach of Offeror – 25%

This factor considers how the Offeror’s technical approach for managing and performing the work described in the five items below in this Factor 3 to meet contract requirements.

The Offeror’s Technical Approach should at least address each of the following five items below and demonstrate a reasonable understanding of the contract requirements:

Approach for effectively managing construction schedules concurrently on multiple projects, including without limitation, task orders under the contract, while performing the work described in the 1st Task Order.

Approach for effectively managing resources concurrently on multiple projects, including without limitation, task orders under the contract.

Offeror’s approach to identify and mitigate risk to the government on 1st Task Order , regardless of Offeror’s concurrent projects.

Offeror’s safety plan for employees on the task orders generally under the IDIQ contract and how it would be tailored for 1st Task Order.

Offeror’s approach separately for 1st Task Order specifically and for the task orders under the contract generally for incorporating and working with electronic project management (ePM) systems.

Factor 4: Bonding Capacity of Offeror – 15%

The basis of evaluation will be the Offeror’s bonding capacity for performing construction work as GC on a single project or on an aggregate total. The Offeror should have a bonding capacity for performing construction work as a GC on a single project basis of at least $500,000 million and on an aggregate total of at least $3 million.

II.E. Other Information to be Submitted with Proposal

Representations and Certifications

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

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 does 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.

II.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 https://www.sam.gov/ http://www.sba.gov/ http://www.sba.gov/ http://www.sba.gov/ http://www.sba.gov/ http://www.sba.gov/ the information contained in such offers will be 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. Contractor Performance Assessment Reporting System

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov/index.htm

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

(2) CPARS Modules: Currently there are three (3) modules within the CPARS system; however, the modules are being merged into a single application under the CPARS name in order to standardize the contractor performance evaluation process across the entire Federal Government. The merge is scheduled to occur in the summer of 2014. For more information on the merge visit the FAQs on the CPARS website. The following are the three modules within 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 remainder of this section, the term “CPARS” will mean the overall evaluation system (inclusive of the CPARS, ACASS and CCASS evaluation modules).

(3) Contractor’s User Point of Contact: The contractor must provide the contracting officer with the name and email address of the contractor’s user who will be the past performance point of contact (POC). The POC will be responsible for the contractor’s evaluations. Access to CPARS http://www.cpars.gov/index.htm will be granted to the POC after the award is registered in the system, and the POC is assigned the CPARS system role of contractor representative (referred to as “CR” in the CPARS system).

(4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor

Representative (CR) named on the award. The CR will be able to access CPARS to review and comment on the evaluation. If the CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on the award.

Once an evaluation is ready to be released, the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

(5) Contractor CPARS Training: Contractors should sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

III.H. 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 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns-Deviation

(June 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business

Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the

United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ____________ [insert name of SBA's contractor] will notify the ____________ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause) http://www.cpars.gov/allapps/cpcbtdlf.htm

Alternate I (Apr 2005). If the competition is to be limited to 8(a) concerns within one or more specific

SBA regions or districts, add the following paragraph (a)(3) to paragraph (a) of the clause:

(3) The offeror’s approved business plan is on the file and serviced by ________ [Contracting Officer completes by inserting the appropriate SBA District and/or Regional Office(s) as identified by the SBA].

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

The Government contemplates award of a firm fixed priced Indefinite Delivery Indefinite Quantity contract resulting from this solicitation.

IV.C. FAR 52.216-27 Single or Multiple Awards (OCT 85)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

IV.D. 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.

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. 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.

Note: The following provision will be included in all Task Orders issued under the resulting contract.

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

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

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

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

Denver, CO - 13.8 % Cheyenne, WY – 7.5% Billings, MT – 3.3% Bismarck, N.D. – 0.4% Rapid City, S.D. – 3.4% Salt Lake, UT – 6.0%

National Average - 6.9%

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

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

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

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

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

(3) Estimated dollar amount of the subcontract;

(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:

Region 8; Colorado, Wyoming, Montana, North Dakota, South Dakota, and Utah

IV.H. Buy American Act

IV.H (1) FAR 52.225-10 Notice of Buy American Act Requirement—Construction Materials

(FEB 2009)

(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 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 offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations. (End of provision)

IV.H (2) Buy American Act Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Provision of this Solicitation, the following construction materials and components are excepted:

Buy American exceptions are “None” unless changed at the Task Order level.

IV.I. 552.219-74 Section 8(a) Direct Award. (SEP 1999)

(a) This contract is issued as a direct award between the contracting activity and the 8(a)

Contractor pursuant to the Memorandum of Understanding between the Small Business

Administration (SBA) and the General Services Administration. SBA retains the responsibility for

8(a) certifications, 8(a) eligibility determinations, and related issues, and will provide counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

[Complete at time of award]

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any advance payments or novation agreements. The contracting activity may assign contract administration functions to a contract administration office.

(c) The Contractor agrees:

(1) To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA’s 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C.