C201_GC_Solicitation_EPA_Final.doc

GSA Solicitation No. GS-08P-16-JB-C-7031

Construction Contract for EPA CO Re-Location to Building 25 Project 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 $700,000 ($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.

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 Submit 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 Information H. Safeguarding Documents Designated as Sensitive But Unclassified I. Additional Security Requirements

IV.

FAR/GSAR SOLICITATION PROVISIONS

A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American G. Buy American Exceptions H. Small Business Subcontracting Plan I. Project Labor Agreements J. GSAR 552.252-5 Authorized Deviations in Provisions K. FAR 52.252-1 Solicitation Provisions Incorporated by Reference L. GSAR 552.102 Incorporating Provisions and Clauses by Reference V.

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

A. Specifications and Drawings B. Proposal Requirements

VI.

METHOD OF AWARD

A.

Evaluation of Offers

B.

Determination of Responsibility

C.

Price Reasonableness / Price Realism

D.

Unbalanced Prices

E.

Total Evaluated Price

F.

Non-Price Factors

G.

Evaluation of Joint Venture Offerors I.

General Information I.A.

The Solicitation and Contract (1) This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the Solicitation Documents. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

(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) C201 The Solicitation (2) C301 Offeror Representations and Certifications Form (3) Standard Form (SF) 1442 – Solicitation Offer and Award (4)

C101 The Agreement (5) Other Attachments

a) Attachment 1 SBU Form

b) Attachment 2 Request for Solicitation Documents

c) Attachment 3 Offer Experience Information

d) Attachment 4 Offeror Past Performance

e) GSA 527 Contractor’s Qualification and Financial Information

I.C.

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

(1) Contracting Officer

Denver Federal Center, Building 41 Lakewood, CO 80225

(2) Alternate Point of Contact

Denver Federal Center, Building 41 Lakewood, CO 80225

I.D.

Pre-Proposal Conference N/A I.E.

Estimated Price Range The estimated price range for the Project is between $ 10,000,000.00 and $20,000,000.00.

I.F.

FAR 52.228-1 Bid Guarantee (SEP 96)

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

(b)The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds— (1) To unsuccessful bidders as soon as practicable after the opening of bids; and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

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

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

I.G.

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

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

(2) Site visits will be held at the following dates and times:

For further information about the site visit or access requirements, please contact:

Denver Federal Center, Building 41 Lakewood, CO 80225

I.H.

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 4:00 pm MST time on the following date and at the following address:

Denver Federal Center, Building 41 GSA, 2nd Floor, Acquisition Division Lakewood, CO 80225

(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

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. Bid Guarantee, using Standard Form 24

5. Subcontracting Plan

6. GSA Form 527 – Contractor’s Qualification and Financial Information

7. Attachment 3 – Offeror’s Experience Information Document

II.B.

Proposal Format Firms responding to this solicitation notice shall submit two separate proposals. Proposal One shall contain the Technical Proposal, and Proposal Two shall contain the Price Proposal. Both proposals shall contain one (1) original hardcopy and one (1) electronic copy in PDF format (on compact disc or USB flash drive). The proposal submissions should be in an 8-1/2” x 11” bound format and should be organized to correspond with the order listed below. In the event of a discrepancy, the PDF copy on the compact disc or USB flash drive shall be the controlling document. Please ensure that the PDF file is a “read only” document. The total submission of should not exceed 40 double sided 8-1/2” x 11” pages (not including Cover Letter, Table of Contents, or Section Separators), with one-inch margins, and in a font not less than 12-point in size. Additional pages cannot be evaluated. All proposals must be current. GSA shall evaluate all responses in accordance with the criteria stated in the Federal Business Opportunity (FedBizOpps) website.

REQUIRED FORMAT:

Proposal One The Technical Proposal Format shall be labeled and consist of the following:

1) Experience on Comparable Projects

a. Completed Attachment 3 for all comparable projects.

2) Past Performance of Offeror

3) Management Strategy

4) Key Personnel

a. Resumes

Proposal Two The Price Proposal Format shall be labeled and consist of the following:

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

a. Also provide a fixed maximum percentage rate for Overhead and Profit to be used for any additional work within scope that requires a contract modification during the course of the project.

2) Detailed Price Proposal in Uniformat, Level 4, (Classification for building elements and sitework).

3) Bid Guarantee, using SF24.

4) Subcontracting Plan (Not required for Small Business Offerors)

5) Representations and Certifications, using the attached C301.

6) Contractor’s Qualifications and Financial Information, Using GSA Form 527.

II.C.

Price Proposal (1) Contents The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

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

II.D.

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

Definition of Similar Contract/Task Order: a construction contract/task order having all of the following:

1. Building construction involving the construction of laboratory space or hospital grade space performed within an occupied building. (Regulatory laboratory construction is most relevant)

2. A project that involved three or more phases requiring coordination and relocation of tenants within the building during construction

3. Exceed $10,000,000 in value (1) Experience on Comparable Projects This factor evaluates the extent to which the Offeror as the Prime Contractor has performed on similar contracts/task orders. The Offeror should have performed as the Prime Contractor on at least three Similar Contracts/Task Orders substantially completed within the past ten (10) years prior to the issuance of the solicitation. Offerors must submit a narrative description for at least three (3) Similar Projects/Task Orders and may submit up to a total of five (5) Similar Projects/Task Orders. The narrative must include: Project name, description of the scope of work, duration of work, project completion date, phasing activities, contract value, and specify if the work was for a regulatory laboratory project.

A more favorable evaluation will be provided to the extent of any of the following exists:

a) The more recent the performance by the Offeror as the Prime Contractor on a Similar Contract/Task Order.

b) The greater the number of phases involved to relocate tenants within the building during construction.

c) The larger the portion of construction dedicated to laboratory or hospital grade space in a Similar Contract/Task Order.

d) Regulatory laboratory construction.

Note: The Government will only consider experience for work performed by offerors as prime contractors.

Offeror shall submit, with its proposal, one completed Attachment 3 - “Offeror Experience Information” document for each contract submitted for Factor 1. Offeror shall also provide a copy of the completed Attachment 3 – “Offeror Experience Information” document to its reference submitting the Attachment 4 – “Offeror Past Performance Survey”. (See, Factor 2)

Standard for Evaluation: The standard for this factor has been met when the Offeror demonstrates that it has performed as the Prime Contractor on at least three Similar Contracts/Task Orders for building construction within the last ten (10) years involving a constructed laboratory or hospital grade space within an occupied building involving three or more phases requiring relocation of tenants within the building during construction on a single project exceeding $10,000,000 in value.

(2) Past Performance of Offeror This factor considers the quality of the Offeror’s past performance as the Prime Contractor on Similar Contracts/Task Orders substantially completed within the past ten (10) years prior to the issuance of the solicitation on at least three, but no more than five (5), Similar Contracts/Task Orders. A more favorable evaluation will be provided for references rated higher than average. If more than three past performances are provided, the highest three will be used for the overall score.

Note: The Government will only consider past performance for work performed by Offerors as prime contractors; however, in the case of Offerors that are Joint Ventures (JV), work performed as the prime contractor by the JV or either entity comprising a member the JV will be considered and evaluated as work performed by the Offerors as the prime contractor.

For each Offeror reference, Offeror shall provide the completed Attachment 4 – “Past Performance Survey” to its reference for completion and submission directly to the government point of contact. (See also, Factor 1 for additional submission requirements for references.) The reference must complete the Attachment 4 and send directly to the Government (Rhonda Widick at Rhonda.Widick@gsa.gov and a copy to Kelly Rima at Kelly.Rima@gsa.gov ). Past Performance Surveys are due as provided for as and no later than the proposal due date in the solicitation.

The Government reserves the right to contact references or use sources other than those provided by the offeror to obtain information related to past performance. Other sources include, but are not limited to, the Past Performance Information Retrieval System; Federal, State or local governmental agencies; and private sector businesses. Limited exchanges between the Government and an offeror may occur to clarify the relevance of an offeror's past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond.

Standard for Evaluation: The standard for this factor is met when none of the references are below average for the Offeror’s past performance as the Prime Contractor on Similar Contracts/Task Orders performed within the last ten (10) years.

(3) Management Strategy

This factor considers the Offeror’s ability to manage a multi-phase project involving the relocation of tenants in a fully occupied building while successfully completing all construction requirements. The Offeror will be evaluated on the realism and comprehensiveness of the proposed project schedule and its organizational approach will be evaluated to assess the Offeror's understanding of the project requirements, ability to complete the project within the required contract duration, and demonstration of organized management, coordination, and communication between the prime contractor and its subcontractors. Offerors will be evaluated on their ability to schedule and perform in construction sequence and multi-phasing. Offerors will be evaluated on ability to effectively prepare and execute a critical path method (CPM) schedule for this type and size project and ability to assure efficient scheduling of the work by its own forces, subcontractors, and material suppliers to meet the scheduled completion date. The preliminary schedule shall reflect an understanding of the required sequencing, must comply with the anticipated project duration, and shall include projected dates for completion.

Schedules and approaches that clearly include all project requirements and reflect effective scheduling of work performed by the offeror's own firm, subcontractors, and materials suppliers to meet the required completion date will be more favorably rated. Schedule and Organizational Approach are of equal importance.

Offerors shall submit the following:

a) Provide a brief narrative of your overall organizational approach for managing the project. Explain how you will maintain schedule, cost, and quality control. Describe your QA/QC process.

b) Provide a brief narrative describing the coordination of effort between the prime and subcontractors and indicate the allocation of work quantity between the general contractor and subcontractors. Describe your approach to addressing possible EPA Investigation Emergencies, necessitating the provision of laboratory space that could affect the ongoing construction.

c) Submit the proposed construction schedule for THIS SPECIFIC PROJECT showing completion within the required period of performance (535 calendar days from Notice to Proceed). Assume approximate dated Notice to Proceed of 12/12/2016 and a construction completion date of May 31, 2018. The schedule shall be specific to the activities required for this project and shall include major milestones with applicable predecessor activities, and contain a clear critical path.

d) An organizational chart, including key personnel and major subcontractors. The organizational chart is limited to one page.

Standard for Evaluation: The standard for this factor is met when the offeror provides a detailed technical approach which demonstrates a reasonable likelihood of successfully meeting all of the contract requirements, including completion within 535 calendar days.

(4) Key Personnel This factor considers the Offeror’s demonstrated qualifications of key personnel and how the Offeror manages the construction work requirements. The Offeror shall demonstrate that it has the key personnel with the required construction capabilities. The Offeror shall describe the Construction Project Managers experience directing Similar Construction/Task Orders and that the key personnel have the qualifications and experience in all areas necessary to effectively perform the required work for the duration of the project. Each Offeror shall submit an organizational chart and resumes for each key person on the project team as follows:

a) Project Manager

b) On-Site Construction Superintendent

Duties of each key individual must be clearly defined. Resumes of no more than two pages must include a description of training and experience in respective areas of expertise. Resumes must describe current and proposed position titles, education, professional licensing, professional awards, experience and qualifications relevant to similarly scoped work as required under this contract and a list of projects in which the individual has worked to include name of projects and project locations.

Minimum required years of experience in the same or substantially similar personnel role as will be assigned for this project is as follows:

a) Project Manager – 4 years

b) On-Site Construction Superintendent – 4 years

Key Personnel with more experience on Similar Contract/Task Orders will be rated more favorably.

Standard for Evaluation: The standard for this factor is met when the Offeror provides a resume containing all required information for each key personnel which demonstrates that the individual meets the minimum years of experience.

II.E.

Other Information to Submit with Proposal (1) Representations and Certifications Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301).

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

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 (October 14, 2016), but does 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 (October 14, 2016).

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 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 Information

1. Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

2. CPARS Registration: Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

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

4.

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

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

GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

III.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.

III.I.

Additional Security Requirements

1. FAR 52.204-2, Security Requirements, August 1996

2. FAR 52.204-9, Personal Identity Verification of Contractor Personnel, January 2011

3. FAR 52.224-1, Privacy Act Notification, April 1984

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

5. SAfeguarding and dissemination of sensitive but unclassified (sbu) building information This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers, and manufacturers.

(a) Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the contracting officer may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.

(b) Authorized recipients. Building information considered SBU must be protected with access strictly controlled and limited to those individuals having a need to know such information. Those with a need to know may include Federal, State, and local government entities, and nongovernmental entities engaged in the conduct of business on behalf of or with GSA. Nongovernmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, and others submitting an offer or bid to GSA or performing work under a GSA contract or subcontract. Contractors must provide SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

(c) Dissemination of SBU building information:

(1) By electronic transmission. Electronic transmission of SBU information outside of the GSA firewall and network must use session (or alternatively file encryption). Sessions (or files) must be encrypted with an approved NIST algorithm, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with the Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules. Encryption tools that meet FIPS 140-2 are referenced on the NIST web page found at the following URL: http://csrc.nist.gov/groups/STM/cmvp/documents/140-1/1401vend.htm. All encryption products used to satisfy the FIPS 140-2 requirement should have a validation certificate that can be verified at the following URL: http://csrc.nist.gov/groups/STM/cmvp/validation.html#02. (Not all vendors of security products that claim conformance with FIPS 140-2 have validation certificates.) Contractors must provide SBU building information only to authorized representatives of State, Federal, and local government entities and firms currently registered as “active” in the Central Contractor Registration (CCR) database at www.ccr.gov that have a need to know such information. If a subcontractor is not registered in the CCR and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license.

(2) By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include but are not limited to CDs, DVDs, and USB drives. Nonelectronic forms of SBU building information include paper documents.

(i) By mail. Utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

(ii) In person. Contractors must provide SBU building information only to authorized representatives of State, Federal, and local government entities and firms currently registered as “active” in the CCR database that have a need to know such information.

(3) Record Keeping. Contractors must maintain a list of State, Federal, and local government entities and the firms to which SBU is disseminated under sections (c) (1), and (c) (2) of this clause. The list must include at a minimum (1) the name of the State, Federal, or local government entity or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once work is completed, or for leased space with the submission of the “as built” drawings, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the contracting officer. For federal buildings, final payment may be withheld until the lists are received.

(d) Retaining SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a need to know such information.

(e) Destroying SBU building information. SBU building information must be destroyed such that the marked information is rendered unreadable and incapable of being restored, or returned to the contracting officer, when no longer needed, in accordance with guidelines provided for media sanitization within Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization, available at http://csrc.nist.gov/publications/nistpubs/800-88/NISTSP800-88_rev1.pdf. If SBU building information is not returned to the contracting officer, examples of acceptable destruction methods for SBU building information are burning or shredding hardcopy; physically destroying portable electronic storage devices such as CDs, DVDs, and USB drives; deleting and removing files form electronic recycling bins; and removing material from computer hard drives using a permanent-erase utility such as bit wiping software or disk crushers.

(f) Notice of disposal. The contractor must notify the contracting officer that all SBU building information has been destroyed, or returned to the contracting officer, by the contractor and its subcontractors or suppliers in accordance with section (e) of this clause, with the exception of the contractor’s record copy. This notice must be submitted to the contracting officer at the completion of the contract in order to receive final payment. For leases, this notice must be submitted to the contracting officer at the completion of the lease term.

(g) Incidents. All improper disclosures of SBU building information must be immediately reported to the contracting officer at General Services Administration, Denver Federal Center, 6th and Kipling, Building 41, Denver, CO. If the contract provides for progress payments, the contracting officer may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision of this clause until the contractor provides a written corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

(h) Subcontracts. The Contractor must insert the substance of this clause in all subcontracts.

This project is classified as low risk security.

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.

“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.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 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 14)

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, 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…