New U.S. Courthouse RFQ - Los Angeles.pdf

Design Build Contract for New United States Courthouse – Los Angeles

GSA Solicitation No. GS-09P-12-KT-C-0004

Phase I – Request for Qualifications

DB201.1 12/11

NOTICE

GSA is promoting the use of registered apprenticeship programs on this project.

An Apprenticeship Plan shall be required after contract award.

NOTICE

Because of increased security standards, commercial package carriers may experience delays in making deliveries to the address designated for receipt of offers. United States Mail delivered to

Government offices in the Washington, DC area is subject to irradiation, significantly delaying deliveries and potentially damaging or defacing mail contents. Offerors should take these facts into consideration when determining how and when to transmit offers to the office designated for receipt.

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Table of Contents

I. General Information

A. The Project

B. The Solicitation and the Contract

C. List of Phase 1 Solicitation Documents

D. Authorized Representative

E. Pre-Proposal Conference

F. Estimated Price Range/Budget Amount

G. Questions Regarding Phase I

H. Receipt of Qualifications

II. Phase I Proposal Requirements

A. Format

B. Phase I Technical Qualifications

C. Other Requirements

D. Requirements for Joint Venture Offerors

III. Phase I Solicitation Provisions

A. General Provisions

B. FAR/GSAR Solicitation Provisions

C. Additional Provisions

IV. Method of Award

A. Evaluation of Phase I Qualifications

B. Determination of Responsibility

C. Evaluation of Joint Venture Offerors

V. Phase II Solicitation – Request for Proposals

A. Phase II – Technical Factors and Evaluation

B. Notice of Additional Phase II Requirements

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I General Information

I.A The Project

The GSA Public Buildings Service (PBS) has a requirement to procure services for design and construction of a new United States Courthouse in Los Angeles, California (the Project). The

Project involves the design and construction of an approximately 600,000 gross square foot courthouse, including 110 controlled-access indoor parking spaces, in Los Angeles, California.

The site is a 3.7 acre vacant site occupying the entire block bounded by 1 st Street, 2 nd Street, Hill

Street and Broadway, in the northwestern portion of Downtown Los Angeles.

This Project is an opportunity in design and construction excellence. GSA intends to build a new

United States Courthouse that shall be a focus of pride for the community it serves, as well as the nation. The Project shall be a functional, innovative, sustainable, cost-effective, state-of-the-art, court facility that will contribute to the overall design quality of downtown Los Angeles. The

Design Builder shall be contracted through a two-stage source selection process ensuring best value to the Government, its clients and the citizens of the United States of America.

The estimated award date for the design-build contract is August 2012. The anticipated date for substantial completion of the Project is April 2016.

I.B The Solicitation and Contract

I.B.1 This procurement is being conducted using the two phase selection process found in FAR

36.3. This Phase I Solicitation sets forth requirements for Phase I proposals, and identifies the evaluation factors for Phase II proposals, for a contract to design and construct the Project. All responsible sources may submit a Phase I proposal, and such proposals shall be evaluated in accordance with the method of award identified herein. In Phase I, GSA will select a short list of the most highly qualified offerors and invite such offerors to submit Phase II proposals. A short list of up to 4 firms will be selected to submit Phase II proposals. In accordance with FAR

15.503(a), GSA will notify offerors not selected for participation in Phase II. Only selected offerors are authorized to submit Phase II proposals. One contract (Contract) will be awarded using competitive negotiation.

In consideration for the preparation of the Phase II proposal including design concept meeting the minimum requirements described herein, GSA will pay a stipend of $250,000 to Offerors not selected for award of the resulting contract. Offerors that submit incomplete or unacceptable proposals are not eligible for a stipend. By accepting the stipend, an offeror grants GSA the unlimited right to use any approach or methodology used by the offeror in its design concept at no additional expense to the Government.

I.B.2 In Phase II, Offerors will be invited to submit a price proposal subject to the Project Labor

Agreement (PLA) requirements set forth in the Phase II solicitation (a PLA proposal), a price proposal not subject to the PLA requirements set forth in the Phase II solicitation, or both. Any

DB 201-1 12.13.11 Page 4 of 19 price proposal submitted in Phase II shall clearly identify whether it is subject to such PLA requirements.

I.B.3 Neither the Phase I or Phase II Solicitation, nor any part of an Offeror's Phase I proposal or Phase II proposal, shall be part of the Contract except to the extent expressly incorporated therein.

I.C List of Phase I Solicitation Documents

The Solicitation Documents are comprised of:

1. Phase I Solicitation

2. Offeror Representations and Certifications Form (C301)

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

4. Scope of Work and Attachments

I.D Authorized Representative

The following individual is designated as the authorized GSA representative under this

Solicitation:

Contracting Officer

Name: Lawrence Hales

Address: 77 Forsyth Street N.W., Atlanta, GA 30303

Telephone: 404-224-2314

Email: lawrence.hales@gsa.gov

I.E Phase I Pre-Proposal Conference

I.E.1 A pre-proposal conference regarding this Phase I Solicitation is scheduled as follows:

Date: February 22, 2012

Time: 1:00PM PST

Location: 300 North Los Angeles Street

Suite 8529

Los Angeles, CA 90012

I.E.2 All parties interested in attending the Phase I pre-proposal conference shall submit, in writing, an e-mail to the Contracting Officer, at lawrence.hales@gsa.gov a list of attendees.

mailto:lawrence.hales@gsa.gov

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Offerors are requested to limit the number of attendees to five representatives from each company. Information submitted shall include the following:

•Attendee Name (First, Last)

•Company Name

Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.F Estimated Price Range or Budget Amount

The estimated price range for the Project is between $312,000,000 and $322,000,000.

I.G Questions Regarding the Phase I

Submit all questions regarding the Phase I to the Contracting Officer on or before 4:00pm PST

February 28, 2012. Any responses provided by GSA will be posted on FedBizOpps as an

Amendment to the Solicitation.

I.H Receipt of Qualifications

I.H.1 To be considered for Phase II and contract award, Phase I proposals conforming to the requirements of this Phase I Solicitation must be received at the following office no later than

12:00 PST pm on the following date and at the following address:

Date: March 8, 2012

Address: 312 N. Spring Street

Jury Room #918

Los Angeles, California

I.H.2 All submittals must clearly indicate the solicitation number.

I.H.3 Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

I.H.4 Offers sent by United States Mail shall be deemed timely if delivered to the address of the office designated for receipt of offers on or before the date established for receipt of offers.

I.H.5 Offers sent by facsimile will not be accepted.

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End of Section I

II Phase I Proposal Requirements

II.A Phase I Proposal Format

Utilizing the format prescribed below, Offerors are to provide the requested information in a brief and succinct manner making every effort to present information clearly and concisely.

Lengthy narratives containing extraneous information are discouraged. All information shall be submitted in English. Proposals that do not follow these Instructions, or otherwise include documentation that is difficult to read, may result in Phase One disqualification or a lower

Phase One evaluation rating.

Proposals shall be submitted in the following format. Pages shall be 8-1/2x11 inch white paper, with lettered/numbered dividers for each section as directed below. Proposal text shall be in a standard font a minimum of ten (10) points or a maximum of twelve (12) points in height, single-spaced. The entire Proposal must be submitted on white paper. Proposal submissions must include one (1) original that is not bound and seven (7) copies contained in

3-ring binders or ―GBC‖ bound. The external cover of each Proposal (original and copies) shall clearly identify the Offeror’s name, clearly be labeled ―Proposal for Phase One

Solicitation, RFQ – GS-09P-12-KT-C-0004,‖ and clearly state the time and date for the receipt of Proposals. Each copy shall be identified on its cover as ―Copy of 7 Copies.‖

The information provided in the Proposal shall be easily reproducible by normal black and white photocopying machines.

Proposals shall be limited to a total of 50 double-sided 8-1/2‖ x 11‖pages (not including

Cover Letter, Table of Contents, Attachments, Standard Form SF1442, and section separators).

All signatures on all documents, originals and copies, must be original signatures in ink and in a color other than black.

All Phase One Proposal development costs shall be borne by the Offerors without reimbursement from GSA.

Phase One Proposals shall be submitted using the following organizational structure:

1. Section I – Cover Letter: Provide a letter consisting of no more than two (2) pages on letterhead identifying a single point of contact, address, phone and fax numbers, and e-mail address (if any) where GSA inquiries or notices should be directed.

2. Section II – Forms Include a completed Standard Form SF1442 for the Offeror’s team as required by this RFQ.

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3. Section III – Factor 1 – Technical Approach

4. Section IV – Factor 2 – Past Performance

5. Section V – Factor 3 – Qualifications of Key Personnel

6. Section VI – Factor 4 – Project Experience

7. Section VII – Attachments

II.B Phase I Technical Qualification

II.B.1 Mandatory Responsibility Requirements. The following evaluation factors will be evaluated on a ―go/no-go‖basis, i.e., proposals not meeting all of the following criteria will be eliminated from further consideration. The Contracting Specialist will make the initial determination as to offer responsibility/responsiveness, and submit only those offers to the SSEB for full evaluation.

1. Completed Representations and Certifications verified on-line including proof of current CCR registration; and

2. Proof of bonding capacity of $330,000,000 in the form of a letter from surety that demonstrates necessary bonding capacity.

3. Signed Sensitive but Unclassified (SBU) Information Form (Attachment 2).

II.B.2 Phase I Evaluation Factors

The factors are listed in descending order of importance. Where Factor 1 is singularly more important than each individual factor alone, Factor 2 when combined with Factor 3 is more important than Factor 1. Unless specifically stated, sub-factors are of equal weight. All factors when combined are SIGNIFICANTLY more important than price.

II.B.2 (a) Proposals shall consist of the following evaluations:

Factor 1 – Technical Approach 30%

Sub-factor 1.A: Lead Designer Profile and Portfolio

Sub-factor 1.B: Lead Designer Philosophy & Design Intent

Factor 2 – Past Performance 25%

Factor 3 – Qualifications of Key Personnel 25%

Factor 4 – Project Experience 20%

II.B.2(b)

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For the purposes of the Phase I RFQ Technical Factors, a project of Similar Scope and

Complexity includes all of the following characteristics:

1. Design Build;

2. Multi-story (at least 6-story);

3. 300,000 gross square feet minimum;

4. Courthouses

5. Minimum cost of $100,000,000.

II.B.2(c) Evaluation Factors and Proposal Requirements

Factor 1 – Technical Approach

Sub-factor 1.A: Lead Designer Profile and Portfolio Description

This factor considers the lead designer’s credentials and quality of project experience on projects of similar size and complexity.

a. Standard for evaluation

The requirements of this factor are met when:

1. Credentials are complete (education, work history) and all time periods registered;

2. Designer demonstrates history of dedication to clients with complex building projects;

3. Designs demonstrate a response to specific client requirements and criteria; and

4. Designs demonstrate a consistently high level of exploration, rigor and personal commitment to design excellence.

b. Submittal Requirements

1. A biographical sketch of the Lead Designer, including education, professional experience, recognition for design efforts inclusive of the portfolio examples. Identify and describe areas of responsibility and commitment to each project. Maximum of three pages.

2. Lead Designer's portfolio of no more than three complex building projects completed in the last (7) years, with particular focus on high performance green building and technical innovation. Maximum of five pages per project. For each project, the narrative should address the design approach with salient features and discuss how the client's program, functional, image, mission, economic, schedule and operational objects were satisfied by the overall design/planning solution. This section of the proposal should include tangible evidence such as certificates, awards, peer recognition, etc. demonstrating design excellence, and provide a client reference contact for each project, including name, title, address email, phone and fax numbers. Additionally, the proposal may include for each project a representative floor plan, a site plan, a rendered 3-D model, a building section, or other appropriate drawing, and a maximum of two pages of photographs.

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Additional favorable consideration may be given for experience on:

• more than one project of Similar Scope and Complexity

• projects in southern California

• courthouse projects

Sub-factor 1.B Lead Designer's Philosophy & Design Intent Description

This factor considers the lead designer’s flexibility and attitude toward design.

a. Standard for Evaluation

This criterion will be a measured based on the following:

1. The Lead Designer’s flexibility and imaginative attitude toward design with the constraints of various public and private projects; and

2. The Lead Designer's recognition of unique aspects of the Project and an explanation of how they will approach the design of this specific Project.

b. Proposal Requirements

Offer shall submit a statement in the Lead Designer's own words regarding the parameters of an overall design philosophy; his/her approach to the challenge of public architecture, collaborative design processes and related issues on this specific project; parameters that may apply in creating high performance, environmentally sustainable workplace environments; and a commitment to integrated and sustainable design.

Factor 2 - Past Performance

This factor evaluates recent past performance for both the Design Builder and the A&E Design

Team, including Lead Designer. In evaluating past performance, the Government may consider the information in the Offeror’s proposal as well as information gathered from other sources including former customers, Government agencies, federal databases and other references. An offeror who has no record of past performance will receive a neutral rating. If GSA receives negative past performance information, the offeror may be given an opportunity to respond.

In evaluating past performance, the SSEB may consider the offeror's:

• ability to ensure delivery of quality product and service.

• success in providing a safe and secure job site.

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• ability to meet project budget constraints by effectively controlling costs, managing change and customer expectations.

• ability to effectively coordinate subcontractors.

• ability to develop a realistic schedule and complete projects within the approved schedule.

• responsiveness and ability to meet performance timelines.

• effective management and business relations that include collaborative team performance with successful integration of the Design Builder, A&E Design Team, and other 3rd parties.

• effective management and business relations that include key personnel, coordination, interaction of team members and third party agencies.

• success in achieving subcontractor goals.

• compliance with security classification and handling.

Additional consideration may be given for:

• better than Satisfactory ratings from owner references;

• exceptional ratings on projects of Similar Scope and Complexity; and

• awards and commendations.

Two references, including name, address telephone number and email address, for each project identified in Factor 1. Offerors shall distribute Past Performance Evaluation Survey (Attachment

1) to each reference. References should email the completed Past Performance Evaluation Survey to lawrence.hales@gsa.gov by February 28, 2012 no later than (4:00pm PST). The email subject line must contain the name of the offeror, the name of the reference and the solicitation number. Surveys submitted directly by an offeror will not be considered. The Government reserves the right to contact the identified references provided in an offeror’s proposal should a survey not be received by the date proposals are due.

Factor 3 – Qualifications/Experience of Key Personnel

This factor considers the qualifications and experience of key personnel on the Offeror’s team.

The RFQ requests resumes or other relevant documentation for certain positions. The qualification of each individual is based upon the skill, experience and education level of the individual. This factor will be evaluated based upon the written responses to the RFQ by the

Offeror and by the evaluation of responses of references recommended by the Offeror. The scope of this project requires significant design and construction-related experience in key positions to ensure reasonable expectation of project success.

Project organizations, staffed with key personnel experienced on projects of similar scope and complexity projects. Projects designed to facilitate the integration of design and construction activities will be judged more favorably than proposals reflecting less experience and less understanding of the design-build process. Offeror’s proposed Team members will be evaluated

DB 201-1 12.13.11 Page 11 of 19 as to their qualifications and experience in all areas necessary to effectively perform the required work.

Additional favorable consideration may be given for experience on:

• more than one project of Similar Scope and Complexity

• projects in southern California

• courthouse projects

b. Submittal Requirements

The requirements for this factor are met when the offeror provides the following:

1. Provide a project Design Build Team chart identifying how the design-builder will organize and staff the project from project award and inception of design through construction completion. The chart should identify the title of key positions in the organization, and the names of the persons proposed to fill those positions. At a minimum, the chart should address design management, project management, project superintendence, quality assurance/control (both design and construction), and project controls. The reporting relationships between these functions and the company's senior management should also be defined.

2. Provide a narrative on the project organization. It should define the roles, responsibilities and authority to be delegated to the incumbent of each position, and discuss how work flows through the organization.

3. Provide a no more than two-page resume for each person shown in the organization chart but at a minimum those listed here. Include level of education, special training and highlighting previous work experience relevant to this project. For each proposed key person, identify their proposed duties in the project. Identify the person as a part-time or full-time employee; whether that person is an individual consultant or firm employee; and the firm that employs this key person (i.e. DB Contractor or subcontractor). Offeror must state how long each key personnel has worked for the DB Contractor or subcontractor.

Indicate where each key personnel will be located during the entire performance of this contract. Also include the amount of time anticipated to be spent on-site, the amount of time to be spent working in the home office on this project, and the amount of time spent on other projects. Only contain experience actually performed by the individual in the title. State which personnel will be involved in the Design Phase Services.

4.

Resumes for each KEY PERSONNEL position on the proposed Project Team as identified below:

Design Builder shall include:

Principal-In-Charge

Project Manager

Construction Superintendent

Quality Control/Assurance Coordinator

MEP Coordinator

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A&E Design Team shall include:

A-E Project Manager

Mechanical Engineer

Electrical Engineer

Structural Engineer

Factor 4 – Project Experience

This factor evaluates the experience of the offeror in providing similar design and construction services.

This factor considers the extent of the Offeror’s past experience in providing similar services.

The Offeror must demonstrate successful experience on 3 projects, substantially completed in the last 7 years. At least one project must be design build. This factor will be evaluated based upon the written response to the RFQ by the Offeror and the past experience demonstrated by the presented projects. Projects of Similar Scope and Complexity will be rated more favorably than projects that are less similar. Similarly, projects on which the Design Builder and the Design

Team, including the Lead Designer, worked together will be rated more favorably than projects on which they did not.

For each project presented in relation to this factor, the Offeror must explain how the characteristics of the project relate to the characteristics of this Project. For each project presented the Offeror shall submit the following data/information:

a) Project Title

b) Delivery Method

c) Owner and/or Occupants(s)/Tenant(s)

d) Location

e) Description, building type, including GSF and/or OSF

f) Special Features

g) Contract Award Date

h) Contract Type and Contractor's Responsibilities (Scope of Work)

i) Date of Substantial Completion

j) Date of Final Completion

k) Contract Cost at Award

l) Contract Cost at Completion

m) Original Schedule Completion Time at Contract Award (Calendar Days)

n) Actual Completion Time (Calendar Days)

o) Number of Change Orders

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p) Classification (reason) of Changes Orders (Latent Conditions, Owner Instituted, Design Errors & Omissions, etc., )

II.C Other Requirements

II.C.1 Proof of Central Contractor Registration (CCR) registration

II.C.2 Proof of Bonding Capacity to $330,000,000.

II.C.3 Proof that Design Builder Team maintains all necessary licenses that may be required to perform architectural, engineering and construction services.

II.D Requirements for Joint Venture Offerors

II.D.1 All offers submitted by joint ventures must include a copy of the joint venture's 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.

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.

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.

Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture. If the offeror is a joint venture, information submitted for a party to the joint venture will only be evaluated to the extent that the terms of the joint venture agreement do not limit such party's performance or financial obligations as a party to the Contract contemplated by this Solicitation.

III. Phase I Solicitation Provisions

III.A General Provisions

III.A.1 Availability of Funds

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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 financial obligation under this Solicitation until the Contracting

Officer notifies the Contractor in writing of the availability of funds for award of the Contract.

III.A.2 Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small

Business Administration (SBA) (www.sba.gov). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.A.3 Information Concerning the Disclosure of Solicitation Results

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

FAR 15.503.

III.A.4 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, which encourages the use of double sided printing on recycled paper for all offers, letters and reports, and FAR

52.223-10, which encourages cost-effective waste reduction.

III.A.5 Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Request for Qualifications, including all attachments, to be fully aware of all requirements. Verify that all required information is properly included in offeror's proposal.

III.A.6 Vendor Past Performance System

The General Services Administration (GSA), Public Buildings Service (PBS) will begin using

Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. The system enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The following are the modules of the system:

(a) Contractor Performance Assessment Reporting System (CPARS): Used to create past performance evaluations on services procurements;

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(b) Architect Engineer Contract Administration Support System (ACASS): Used to create past performance evaluations on A/E procurements; and

(c) Construction Contractor Appraisal Support System (CCASS) module: Used to create past performance evaluations on construction procurements.

Throughout the rest of this section, the term ―CPARS‖ will mean the overall evaluation system

(inclusive of the CPARS, ACASS and CCASS evaluation modules).

Each award requiring an evaluation will be registered in CPARS by the Government. Within 30 days of award, the contractor will receive an email that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Contractors are encouraged to visit http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm to sign up for free on-line Contractor Overview training when these sessions are offered. The training session is (2) hours and is specifically for contractor users who will provide Past Performance Evaluation comments on PBS evaluations.

After the contracting officer prepares and releases a contract evaluation, the contractor will receive an email alerting them the evaluation is ready for their review and comment. The contractor will have 30 days to respond to the evaluation. GSA shall provide for review at a level above the contracting officer (e.g., contracting director) to consider any disagreement between

GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

NOTE: Unless the contractor provides a different point of contact (POC) to the contracting officer after award, the Past Performance Point of Contact (POC) listed on the contractor’s

Central Contractor Registration (CCR) profile will be used as the default Past Performance POC.

This is the individual who will receive CPARS email alerts. In accordance with FAR Clause

52.204-7 the contractor is responsible for the accuracy and completeness of the data within the

CCR database.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions.

III.A.8 Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as

Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information set forth in Section III.A. of the Agreement (Administrative Matters) as a condition of receipt of such information.

III.B FAR/GSAR Solicitation Provisions

To be issued with Phase II Solicitation.

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

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IV Method of Award

IV.A Evaluation of Phase I Qualifications

IV.A.1 The Government will evaluate Phase I proposals based on the following evaluation factors listed. The factors are listed in descending order of importance. Where Factor 1 is singularly more important than each individual factor alone, Factor 2 when combined with Factor 3 is more important than Factor 1. Unless specifically stated, sub-factors are of equal weight. All factors when combined are SIGNIFICANTLY more important than price. GSA will short list up to four offerors to submit Phase II proposals:

Factor 1 – Technical Approach 30%

Sub-factor 1.A: Lead Designer Profile and Portfolio

Sub-factor 1.B: Lead Designer Philosophy & Design Intent

Factor 2 – Past Performance 25%

Factor 3 – Qualifications of Key Personnel 25%

Factor 4 – Project Experience 20%

IV.B Determination of Responsibility

IV.C.1 To be considered responsible, an Offeror must demonstrate that it meets the standards described in FAR 9.104-1.The Contracting Officer's determination of an Offeror's responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer, and is independent of the evaluation of offers set forth herein.

IV.C Evaluation of Joint Venture Offerors

In the evaluation of responsibility and non-price factors, information submitted for a party to the joint venture will not be evaluated to the extent that the terms of the joint venture agreement limit such party's performance or financial obligations as a party to the Contract contemplated by this

Solicitation.

V. Phase II Solicitation – Request for Proposals

V.A Phase II – Technical Factors and Evaluation

The Government will award a contract resulting from this Solicitation to the responsible Offeror whose offer conforming to the Solicitation will be most advantageous to the Government, total evaluated price and technical factors considered. Technical factors combined will be given significantly more weight than the total evaluated price. The following Phase II technical factors shall be used to evaluate offers:

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Factor 1: Design Concept 50%

Factor 2: Management Plan and Technical Approach 25%

Factor 3: Resources, Facilities, and Technology. 10%

Factor 4: Project Labor Agreement 10%

Factor 5: Subcontracting Plan 5%

A proposal submitted subject to the PLA requirements set forth in this solicitation will receive full credit under this evaluation factor. A proposal submitted not subject to such PLA requirements will receive no credit under this evaluation factor.

V.B Notice of Additional Phase II Requirements

V.B.1 Bond Requirements

If a bid guarantee is required to be submitted with your Phase II proposal, any contract awarded will require a performance bond as specified in the Agreement. Offerors who use individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

V.B.2 Unbalanced Prices

Phase 2 offers must include balanced prices. If the Phase II Request for Proposals requires unit prices, option prices, or bid rates, the Contracting Officer may reject any proposal determined to be unbalanced with respect to such prices or rates. A proposal may be deemed unbalanced if the

Base Contract Price, unit prices, option prices or bid rates vary so markedly from either the

Government estimate or the range of such prices contained in competing offers as to materially reduce the effectiveness of the Total Evaluated Price formula in determining the potential cost of an offer in comparison to other, balanced, offers.

VI.B.4 Project Labor Agreement (PLA)

Phase Two offerors will be invited to submit a proposal subject to PLA requirements (A PLA proposal), a proposal not subject to the PLA requirements, or both. If a PLA proposal is accepted by GSA, the apparent successful offeror shall be required, as a pre-condition to award, to execute and deliver to the contracting officer a PLA meeting the minimum requirements of the

Solicitation.

The requirements below only apply to Phase Two proposals submitted subject to PLA requirements:

VI.B.4(a) FAR 52.222-33 Notice of Requirement for Project Labor Agreement (May 2010)

Alternate 1 (DEVIATION July 2011)

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(a) Definitions. ―Labor organization‖ and ―project labor agreement,‖ as used in this provision, are defined in the clause of this solicitation entitled Project Labor Agreement.

(b) The apparent successful offeror shall negotiate a project labor agreement with all labor organizations having jurisdiction over the trades involved in the construction of the project.

The project labor agreement must be signed by all such labor organizations and cover the entirety of the construction work to be performed during the term of the resulting construction contract.

(c) Consistent with applicable law, the project labor agreement reached pursuant to this provision shall—

(1) Bind the offeror and all subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Allow the offeror and all subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collective bargaining agreements;

(3) Contain guarantees against strikes, lockouts, and similar job disruptions;

(4) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(5) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(6) Fully conform to all statutes, regulations, Executive orders, and agency requirements.

(d) Any project labor agreement reached pursuant to this provision does not change the terms of this contract or provide for any price adjustment by the Government.

(e) The apparent successful offeror shall submit to the Contracting Officer a copy of the project labor agreement prior to contract award.

VI.B.1(b) The requirements of 52.222-33 Alt I are supplemented as follows:

a. The project labor agreement reached pursuant to FAR 52.222-33 Alt I shall supersede the terms of any other collective bargaining agreement that conflict with the terms of such project labor agreement.

b. Within 30 days following receipt of written notification to the apparent successful offeror by the Contracting Officer, the apparent successful offeror shall furnish the Contracting

Officer with a copy of an executed project labor agreement that meets the requirements of this Section. If, for any reason, the apparent successful offeror fails to furnish such project labor agreement within the time stated above, the Government may, in its sole discretion, eliminate the proposal from consideration and select the next apparent successful offeror.

VI.B.4(c) FAR 52.222-34 Project Labor Agreement (May 2010) (DEVIATION July 2011)

(a) Definitions. As used in this clause—

―Labor organization‖ means a labor organization as defined in 29 U.S.C. 152(5).

―Project labor agreement‖ means a pre-hire collective bargaining agreement with the labor organizations having jurisdiction over the trades involved in the construction of the project that http://uscode.house.gov/

DB 201-1 12.13.11 Page 19 of 19 establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 U.S.C. 158(f).

(b) The Contractor shall maintain in a current status throughout the life of the contract the project labor agreement entered into prior to the award of this contract in accordance with solicitation provision 52.222-33, Notice of Requirement for Project Labor Agreement.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts with subcontractors engaged in construction on the construction project. (End of Clause) http://uscode.house.gov/