GS-08-P-17-JF-C-0001__GC_Solicitation.pdf
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GSA Solicitation No. GS-08-P-17-JF-C-0001
Document: C201 / DEC 2016
(The Solicitation) Pages 1 of 32
Construction Contract for Bennett Consolidation Project The Solicitation
(The Solicitation) Pages 2 of 32
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.
Project Description
The General Services Administration (GSA) intends to award a firm-fixed-price General Construction Contract for the Alteration of space within the Wallace F. Bennett Federal Building (FB). The impetus for this project is to support GSA’s mission to reduce private lease space and back-fill vacant space in federal properties. This project will construct approximately 82,000 square feet of office, storage, conference, and specialized space for two USDA Departments:
Forest Service Geospatial Technologies Application Center, and the Farm Service Agency Aerial Photography Field Office. In addition, this project will modernize portions of the building’s existing common space including elevator lobbies, corridors, public restrooms, and joint use conference space. The work in the existing FB will be concentrated within portions of the basement, 2nd, 3rd, 5th, 6th, 7th floors, penthouse, and roof. This construction project includes demolition, asbestos abatement, interior tenant improvements, as well as mechanical, electrical, fire notification/suppression, and structural construction to support the modernized spaces.
The Government will be using a brand name product to fulfill a portion of the construction requirements through a subcontract for the brand name product under the General Contractor.
The requirements call for a subcontract to DIRTT Environmental Solutions, Ltd. through one of its approved affiliated companies.
The FB is located at 125 South State Street, Salt Lake City, UT. It is an existing multi-tenant professional office building with 8 stories above grade and a partial below grade basement and parking garage. The building is currently occupied by the following federal agencies:
• US Senate
• US Court of Appeals
• USDA Farm Service Agency
• USDA Rural Housing Service
• USDA Food and Nutrition Service
• USDA Natural Resources Conservation Service
• National Oceanic & Atmospheric Administration
• Bureau of Reclamation
• Office of Valuation Services
• US Marshals Service
• Social Security Administration Office of Adjudication and Review
• Office of Apprenticeship
• General Services Administration Public Buildings Service
(The Solicitation) Pages 3 of 32
• Railroad Retirement Board
• Environmental Protection Agency
• Small Business Administration
• HUD Office of the Secretary
• Corporation for National & Community Services
The FB will remain occupied by the above mentioned agencies during demolition/construction
(The Solicitation) Pages 4 of 32
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
(The Solicitation) Pages 5 of 32
V. Additional Solicitation Provisions and Instructions A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal
Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 B. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal
Specifications, Standards and Commercial Item Descriptions C. Additional Provisions D. Cost or Pricing Data E. Additional Clauses F. FAR 52.222-62 Paid Sick Leave G. FAR 52.222-60 Paycheck Transparency
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
(The Solicitation) Pages 6 of 32
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) 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
(6) Other Attachments
I.C. Authorized Representatives
The following individuals are designated as the authorized GSA representatives under this Solicitation:
(1) Contracting Officer
Name: Joan Amend Address: 1 Denver Federal Center, Gate 2, Bldg 41, Dock E17A, Rm 177, P.O. Box 25546, Denver, CO 80225 Telephone: (303) 236-2954
Email: Joan.Amend@gsa.gov
(2) Alternate Point of Contact
Name: Joseph Dorsey Address: 1 Denver Federal Center, Gate 2, Bldg 41, Dock E17A, Rm 177, P.O. Box 25546, Denver, CO 80225 Telephone: (303) 907-7293
Email: Joseph.Dorsey@gsa.gov
I.D. Pre-Proposal Conference & DIRTT Site Visit
(1) A pre-proposal conference regarding this Solicitation is scheduled as follows:
mailto:Joan.Amend@gsa.gov mailto:Joseph.Dorsey@gsa.gov
(The Solicitation) Pages 7 of 32
Date: May 23, 2017 Time: 11:00AM
Location: Wallace F. Bennett Federal Building, Salt Lake City, UT
(2) There will be two (2) optional DIRTT System Site Walks scheduled before the pre-proposal conference for the following dates and times:
Date (1): May 10, 2017 Time: 2:00PM Location: Henricksen Butler, 249 S 400 E, Salt Lake City, UT
Date (2): May 16, 2017 Time: 9:00AM Location: Henricksen Butler, 249 S 400 E, Salt Lake City, UT
*Both DIRTT site walks will provide the same information, the second site walk is for those who cannot attend the first site walk.
I.E. Estimated Price Range
The estimated price range for the Project is more than $10,000,000.00.
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)
(The Solicitation) Pages 8 of 32
(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:
Date: May 23, 3017 Time: 11:00AM
(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team.
Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below.
For further information about the site visit or access requirements, please contact:
Name: Jason Sielcken Address: 1 Denver Federal Center, Gate 2, Bldg 41, Dock E17A, Rm 177, P.O. Box 25546, Denver, CO 80225 Telephone: 303-358-9806
Email: Jason.Sielcken@gsa.gov
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 4:30 pm local time on the following date and at the following address:
Date: June 16, 2017 Address: 1 Denver Federal Center, Gate 2, Bldg 41, Dock E17A, Rm 177, Denver, CO 80225
Also submit one (1) electronic copy to Joan.Amend@gsa.gov & Joseph.Dorsey@gsa.gov
(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:
http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375 mailto:Jason.Sielcken@gsa.gov mailto:Joseph.Dorsey@gsa.gov
(The Solicitation) Pages 9 of 32
(1) Price Proposal
(2) Technical Proposal
(3) Representations and Certifications
(4) Bid Guarantee, using Standard Form 24
(5) Subcontracting Plan
II.B. Proposal Format In order to obtain all appendixes, attachments, and drawings to the Statement of Work please submit a completed Request for Sensitive but Unclassified Building Information document to the Contract Specialist with a mailing address and point of contact for the information to be sent to.
Offeror shall submit ten (10) hard copies and one (1) electronic copy to the Contracting Officer (CO) and Contract Specialist (CS). Proposal shall not exceed a maximum pages allotted in each section of the proposal requirements and shall be provided in Arial font no smaller than 11pt.
When submitting a proposal, provide a cost breakdown for each task broken down into CSI format (ie: Equipment, Labor Hours, Subcontractor's Quotes, Overhead, and Profit).
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.
(3) Submit Pricing on Pricing Form Attachment C – Contract Price Sheet
II.D. Non-Price Proposal
The Non-Price Proposal shall include the information requested below for the non-price factors described in Section VI.
(1) Technical Approach:
This evaluation factor considers the technical approach of the offeror (including also the offeror’s small business subcontracting plan) to meet the contract requirements.
If the offeror receives the contract award, GSA in its sole discretion may incorporate parts or all of the offeror’s technical approach into the contract, and the offeror will be required to materially comply with all parts of such technical approach incorporated into the contract.
Submittal Requirement:
The offeror shall provide the technical approach to address the areas below (1-7) within a maximum of fifteen (15) standard pages (8½” x 11” with 1” margins and at least a 10 pt. font).
(The Solicitation) Pages 10 of 32
The offeror’s technical approach should demonstrate that in addressing each of the following areas (a) the offeror has the understanding of the project’s scope to execute it in compliance with the contract requirements, and (b) the offeror is likely to meet the contract requirements:
1) Safety & Security of Building Occupants.
2) Proposed Staffing, whether or not to be contracted out, to include labor categories, description of duties and minimum experience qualifications.
3) Project Communication: A Coordination and Communication plan for how the work will be coordinated and communicated to GSA and the building occupants.
4) Hazardous Materials Abatement Plan.
5) Quality Control Management.
6) Project Budget Management.
7) Plan for implementing the DIRTT wall system.
8) Small Business Subcontracting Plan: Plan for involving small business subcontractors to participate in the performance of the contract consistent with its efficient performance.
In addition, the offeror’s technical approach should demonstrate for the Small Business Subcontracting Plan only that the plan is creative, innovative, and reflects a commitment to assure that maximum practicable opportunity is provided to small businesses to participate in the performance of the contract consistent with its efficient performance.
(2) Schedule This evaluation factor considers the offeror’s proposed schedule and narrative (describing the schedule logic) to meet the contract requirements.
If the offeror receives the contract award, GSA in its sole discretion may incorporate parts or all of the offeror’s schedule into the contract, and the Offeror will be required to materially comply with all parts of such schedule incorporated into the contract.
The offeror shall submit a schedule in the form of a Gantt Chart to indicate appropriately the percentage of work scheduled for completion by date during the period. In addition to the schedule, the offeror shall provide a narrative not to exceed five (5) standard pages (8½” x 11” with 1” margins and at least a 10 pt. font) describing its schedule logic. Both documents shall address the areas below (1-6).
The offeror’s schedule in Gantt Chart format and narrative (describing the schedule logic) should demonstrate that in addressing each of the following areas (a) the offeror has the understanding of both the project’s scope and schedule requirements to meet the contract’s requirements, and (b) the offeror is likely to meet the contract requirements:
1) Early Phase spaces delivery
2) Phasing for continued occupancy, egress, and tenant safety and security
3) Work sequencing
4) Critical path
5) Schedule Cost Loading
6) Schedule recovery
(The Solicitation) Pages 11 of 32
(3) Offeror’s Past Performance:
Offeror's Past Performance: This factor considers the quality of the offeror’s past performance as the prime contractor on Relevant Projects** performed for a minimum of 12 consecutive months in the five years prior to the issuance of the solicitation. A more favorable evaluation will be provided for higher than satisfactory or neutral references.
Submittal Requirements:
For each offeror reference, offeror should provide the Attachment B - Past Performance Questionnaire for Construction to each reference with Section 1 completed. The reference must complete Section 2 and provide the entire completed Questionnaire directly to the Government (joseph.dorsey@gsa.gov). All completed questionnaires are due and must be received by Close of Business on the proposal due date for this solicitation. References for previous work with the US Government must be sent from email addresses ending in a “.gov” email address. This information as well as information about the offeror’s past performance, including but not limited to PPIRS, may be considered and evaluated.
**“Relevant Projects” means the building construction projects of similar size (at least 50,000gsf) and having at least four (4) of the following characteristics:
a) Renovation of a building;
b) Work performed in an tenant occupied and functioning office building or other factor that required phasing of the project components to maintain tenant occupancy;
c) At least five of the following disciplines was a substantial part of the project- i) architectural, ii) structural, iii) HVAC, iv) plumbing, v) electrical, vi) fire alarm, vii) security, viii) data, and ix) telecommunications.
d) Hazardous material abatement;
e) Requirements for noise and dust control; and
f) Total contract construction value (including options and modifications) is in the range of $9,000,000 or more.
(4) Offeror’s Relevant Experience:
Offeror’s Relevant Experience: This factor considers the extent that the offeror as the prime contractor has performed for a minimum of 12 consecutive months in the five (5) years prior to the issuance of the solicitation on Relevant Projects. The offeror should have performed as the prime contractor for a minimum of 12 consecutive months in the five (5) years prior to the issuance of the solicitation on at least three (3) Relevant Projects.
A more favorable evaluation will be provided to the extent of any of the following exists:
a) The more recent the performance of Relevant Projects the offeror has performed as the prime contractor for a minimum of 12 consecutive months in the five (5) years prior to the issuance of the solicitation.
b) The number of Relevant Projects is more than three that the offeror has performed as the prime contractor for a minimum of 12 consecutive months in the five (5) years prior to the issuance of the solicitation.
c) The greater the number of characteristics under the Relevant Projects definition.
The offeror should submit a minimum of three (3) with a maximum of five (5) project examples (no more than five (5) project examples will be considered) demonstrating **Relevant Projects that it has performed as the prime contractor for a minimum of 12 consecutive months in the five mailto:joseph.dorsey@gsa.gov
(The Solicitation) Pages 12 of 32
(5) years prior to the issuance of the solicitation. Each project example shall be no more than two (2) standard pages (8½” x 11” with 1” margins and at least a 10 pt. font). Relevant Projects for this Factor 4 is the same as the definition contained in Factor 3 of this document under “Relevant Projects.” Please provide a point of contact (and contact information-email address and telephone number) for each project submitted.
At a minimum project descriptions should also discuss the following:
a) Total contract construction value (including options and modifications)
b) Duration of the project’s construction contract
a) Renovation of a building;
b) Work performed in an tenant occupied and functioning office building or other factor that required phasing of the project components to maintain tenant occupancy;
c) At least five of the following disciplines was a substantial part of the project- i) architectural, ii) structural, iii) HVAC, iv) plumbing, v) electrical, vi) fire alarm, vii) security, viii) data, and ix) telecommunications.
d) Hazardous material abatement;
e) Requirements for noise and dust control; and
f) Total contract construction value (including options and modifications) is in the range of $9,000,000 or more.
II.E. Other Information to Submit with Proposal
(1) The first page should include: the Solicitation Number; Project Name, Offeror name and address; Offeror DUNs number; Offeror’s point of contact name, phone number, and email address; the date of the submission of the response; and signature block with the original signature and title of the representative authorized to contractually bind the Offeror;
(2) Representations and Certifications
Certify Offeror’s current registration in the System for Award Management (SAM) as active with no exclusions; 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 https://www.sam.gov/
(The Solicitation) Pages 13 of 32 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 and financial 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 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.
Submit all questions regarding the Solicitation to the Contracting Officer (CO) on or before May 30, 2017 AT 4:00PM MST. Any responses provided by GSA will be posted on FedBizOpps as an Amendment to the Solicitation.
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.
http://www.sba.gov/
(The Solicitation) Pages 14 of 32
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 http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm
(The Solicitation) Pages 15 of 32 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 52.204-9, Personal Identity Verification of Contractor Personnel, January 2011
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract.
The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(2) GSAR Clause 552.204-9, Personal Identity Verification Requirements (October 2012)
(a) The contractor shall comply with GSA personal identity verification requirements, identified at http://www.gsa.gov/hspd12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.
(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.
(3) GSAR 552.237-71 Qualifications of Employees (May 1989)
(a) The contracting officer or a designated representative may require the Contractor to remove any employee(s) from GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property.
http://www.gsa.gov/hspd12
(The Solicitation) Pages 16 of 32
(b) The Contractor shall fill out and cause each of its employees performing work on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor and its employees shall be fingerprinted.
(c) Each employee of the Contractor shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien
Registration Receipt Card Form I-151, or, who presents other evidence from the Immigration and Naturalization Service that employment will not affect his immigration status.
(4) Suitability Determinations
(a) All contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months (Regular Employees) will be required to undergo a suitability determination before a facility identification card is issued. Prior to the time that an identification card is issued, such Regular Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.
(b) Failure of a Regular Employee to receive a favorable suitability determination shall be cause for removal of the employee from the work site and from other work in connection with the Contract.
(c) Contract employees working less than 6 months (Temporary Employees) may, at the Government's option, be required to undergo a lesser form of suitability determination.
Prior to the time that an identification card is issued, if at all, such Temporary Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.
(d) Temporary Employees who have not received a favorable suitability determination shall be escorted at all times while in non-public space, as directed by the Government.
(e) The Government, at its sole discretion, may grant temporary suitability determinations to Regular or Temporary Employees. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow.
(f) The Contracting Officer or his/her designated representative shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.
(g) The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the Contract.
(5) Compliance with Security Requirements
(The Solicitation) Pages 17 of 32
(a) The Contractor shall comply with all GSA and tenant agency security requirements in the building(s) where work is being performed.
(b) When a controlled personnel identification access system is used by a tenant agency at a site where work is performed, the tenant agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the tenant agency.
(6) Identification Credential
(a) Upon receipt of a favorable suitability determination, each Regular or Temporary Employee shall be issued an identification credential (Credential) permitting regular access to the building(s) were work is being performed.
(b) Regular or Temporary Employees with Credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar Credentials.
(c) All Contractor or subcontractor employees possessing Credentials shall visibly display their Credentials at all times while in the building(s) where work is being performed.
(d) The Contractor shall be responsible for ensuring that all identification credentials are returned to the Government when a particular Contractor or subcontractor employee will no longer be providing service under the Contract at the building(s) covered by the Credential.
(e) The Contractor will notify the Government when Credentials are lost. In that event, the Contractor will be responsible for reimbursing the Government for its cost in issuing a replacement Credential.
(7) Standards of Conduct The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.
(8) Removal from Contract Work
(a) As provided in the clause entitled "Qualifications of Employees", the contracting officer or a designated representative may require the Contractor to remove any employee(s) from GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property. This shall include, but not be limited to, instances where an employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.
(b) A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.
(The Solicitation) Pages 18 of 32
(c) Where a contractor employee is granted a temporary suitability determination, and an unfavorable final suitability determination is later rendered, the Government may insist on the employee's removal from the work site and from other work in connection with the Contract.
d) The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed at no additional cost to the Government.
(9) Sensitive But Unclassified (SBU) Building Information
Dissemination of sensitive but unclassified paper and electronic building information shall be made on a "need to know" basis in accordance with GSA Order PBS P 3490.1, a copy of which will be made available upon request.
This project is classified as sensitive but unclassified.
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);
(The Solicitation) Pages 19 of 32
(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.
(The Solicitation) Pages 20 of 32
(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
(The Solicitation) Pages 21 of 32 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…
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