Design_Build_Solicitation_Phase_I__RFQ_-_6.15.pdf

GSA Solicitation No. GS-09P-16-KT-C-7009

Document: DB201A / Apr 2014 R2 (The Solicitation) Pages 1 of 26

Design Build Edward J. Schwartz, San Diego, Ca Agencies: U.S. Probation & Childcare Center

The Solicitation – Phase 1 – REQUEST FOR QUALIFICATIONS (RFQ)

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

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

(The Solicitation) Pages 2 of 26

Table of Contents

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

G. Questions regarding Phase 1 H. Receipt of Qualifications

II. Proposals A. Proposal Contents B. Proposal Format

C. Technical Proposal D. Mandatory Requirements – Go/ No-Go A. Phase 1 Evaluation Factors

� Evaluation Factor 1 – Technical Approach (Lead Designer) � Evaluation Factor 2 – Technical Approach (Construction Firm) � Evaluation Factor 3 – Past Performance for Design & Construction � Evaluation Factor 4 - Past Performance in Utilizing the Small Bus

Program

E. Requirements for Joint Venture Offerors

III. Solicitation Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Bond Requirements H. Contractor Performance Information I. Safeguarding Documents Designated as Sensitive But Unclassified J. 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 Davis-Bacon Act—Secondary Site of the Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American Act Construction Materials G. Small Business Subcontracting Plan H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

(The Solicitation) Pages 3 of 26

V. Additional Solicitation Provisions and Instructions

VI. Method of Award A. Evaluation of Offers Phase 1 B. Evaluation of Offers Phase 2 C. Determination of Responsibility D. Price Realism E. Unbalanced Prices F. Total Evaluated Price G. Non-Price Factors H. Evaluation of Joint Venture Offerors

VII. Attachments

1. Sensitive but Unclassified (SBU) Information Form

2. Past Performance Questionnaire Design

3. Past Performance Questionnaire Construction

4. Statement of Work

(The Solicitation) Pages 4 of 26

Project Narrative

The GSA Public Buildings Service (PBS), Pacific Rim Region in San Francisco, CA, has a requirement to procure services for Tenant Improvements for U.S. Probation and Childcare Center at the Edward J. Schwartz Federal Office Building located in San Diego, Ca.

The Edward J. Schwartz Federal Office Building and Courthouse is located at 800 Front Street, in Downtown San Diego. This Renovation & Alteration project proposes the backfill of space on the 1st floor of the Courthouse with U.S. Probation Office and on the 1st floor of the Federal Office Building with a Childcare Center. Renovation and alteration of work includes but not limited to: tenant improvements in approximately 20,000 usf for U.S. Probation and 9,000 usf for Childcare Center, with related MEP upgrades, ABAAS upgrades of restrooms, replacement of water shut-off valve at all floors, and renovation of electrical distribution systems. Fire & life safety work in tenant improvement areas will include sprinkler coverage retrofit with quick response sprinkler heads. The Childcare Center project will also include an outdoor play yard space of 6,300 sf.

The Schwartz Federal Building & Courthouse must remain fully operational throughout design and construction of the project. Work deemed to be disruptive to tenants must be scheduled after hours in order to minimize disruptions to building occupants and to maintain public safety. Normal building operation hours are from 7:00 a.m. to 6:00 p.m.

weekdays.

The project delivery method is Design-Build (DB) with Bridging Documents provided to the contractor. The project delivery method is expected to be Bridging Design-Build.

Design-Build contract is tentatively to be awarded in the 1st Quarter of 2017.

Construction of this project to start tentatively in the 3rd Quarter of FY2017, so that tenant move can start in the 3rd Quarter of FY2017.

The DB Contractor shall provide all supervision, labor, materials, equipment, and testing required to accomplish the design and construction of the tenant space at the Schwartz Federal Building. Work shall include, but not be limited to, design and certification by a State of California licensed Architect-Engineer (A/E), design reviews, construction documents, cost estimating, site investigation, site measurements, reproduction services, coordination, demolition, site supervision, security clearances for workers (HSPD-12), drywall, mechanical, electrical, automatic sprinkler system, architectural finishes, HVAC, system balancing, and all other work to meet the tenant agencies' requirements.

I.A. The Solicitation and Contract

(1) This procurement is being conducted using the two phase selection process pursuant to the procedures in FAR part 36.3. Qualifications will be evaluated in Phase One to determine which offerors will submit proposals for Phase Two. One contract will be awarded using competitive negotiation. In Phase 1, the GSA will select a short-list of the most highly qualified

(The Solicitation) Pages 5 of 26 offerors and request that those offerors submit a Phase 2 proposal. All responsible sources may submit a Phase 1 proposal. A minimum of 3 and a maximum of no more than five will be selected to submit Phase 2 proposal. Official Notification will be given to those offerors competing in Phase 2. Only those selected offerors are authorized to submit a Phase 2 proposal. Those offerors not selected for participation will be notified in accordance with FAR 15.503(a). 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 Phase 1 Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation – Phase 1

(2) Statement of Work, to be issued in Phase 2

I.C. Authorized Representatives

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

(1) Contracting Officer

Name: Shelita Harper Address: 50 United Nations Plaza, 3rd Floor Rm 3675, San Francisco, Ca 94102

Telephone: 415.522.3206 Email: Shelita.harper@gsa.gov

(2) Alternate Point of Contact:

Name: Ana Lau Address: 50 United Nations Plaza, 3rd Floor, San Francisco, Ca 94102

Telephone: 415.522.4097 Email: Ana.lau@gsa.gov

I.D. Pre-Proposal Conference

(1) A pre-proposal conference WILL BE HELD IN PHASE 2

I.E. Estimated Price Range

The estimated price range for the Project is between $9,000,000.00 and $13,000,000.00.

(The Solicitation) Pages 6 of 26

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. Questions Regarding Phase 1

Submit all questions regarding phase 1 to Shelita Harper, Contracting Officer no later than 5:00 PST on or before Friday, July 1, 2016 at the email address indicated above. Any responses provided by the GSA will be posted on FBO.gov as an amendment to the solicitation.

I.H. Receipt of Qualifications

(1) In order to be considered for Phase 2 and award, Phase 1 qualifications proposals conforming to the requirements of this Solicitation must be received at the following office no later than 3:00 pm local time on the following date and at the following address:

Name: Shelita Harper, Contracting Officer Address: 50 United Nations Plaza, 3rd Floor Rm 3675, San Francisco, Ca 94102

Telephone: 415.522.3206 Email: Shelita.harper@gsa.gov

Date: Friday, July 15, 2016

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

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

(The Solicitation) Pages 7 of 26

(4) Please note that the receiving office is a secured federal building. All submitted proposal must be received in hand by the Contracting Officer no later than the time and dated identified herein.

(5) Offers sent by email or facsimile will not be accepted

II. Proposals

II.A. Proposal Contents

Proposals shall consist of the following documents, completed and executed in accordance with this Phase 1 Solicitation:

(1) Technical Proposal

(2) Other Documents as Required

II.B. Proposal Format

Offerors are to provide the requested information in a brief and succinct manner making every effort to present information clearly and concisely. Proposals shall be submitted in the following format. Pages shall be 8.5x11 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. Proposal submissions must include one (1) original that is not bound and six (6) copies contained in 3 –ring binders. The external cover of each Proposal (original and copies) shall clearly identify the offerors name, clearly be labeled “Proposal for Phase One Solicitation, RFQ-GS-09P-16-KT-C-7010, and clearly state the time and date for the receipt of proposal. Each copy shall be identified on its cover as Copy of 6 copies. Additionally one (1) electronic copy shall be submitted via compact disc (cd)

All proposal development costs shall be borne by the offerors without reimbursement from the

GSA.

Your Phase One Proposal shall be structured as such;

Section I – Cover Letter – Provide a letter consisting of no more than (2) pages on letterhead identifying a single point of contact, address, phone, fax, email (if any) where the GSA inquiries or notices shall be directed.

Section II – Forms: Include in this section all of the documentation necessary to satisfy the “Mandatory Requirements” described in Section II.D of the RFQ

Section III – Evaluation Factor 1 – Technical Approach (Lead Designer) Section IV – Evaluation Factor 2 – Technical Approach (Construction Firm) Section V – Evaluation Factor 3 – Past Performance for Design & Construction Section VI – Evaluation Factor 4 – Past Performance in Utilizing Small Bus Program

II.C. Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors.

Any proposal that does not meet all of the following criteria will be rejected as non responsive.

(The Solicitation) Pages 8 of 26

II.D. Mandatory Requirements

Mandatory Requirements. The following will be evaluated on a “go/no-go” basis. Offerors not meeting all of the following criteria will not be given further consideration. The contracting officer will make the determination as to offer responsibility/responsiveness, and submit only those proposal that meet all of requirements for full evaluation.

• Offerors must be registered and provide proof of active status in the System Award Management (SAM) https://www.sam.gov on-line system at time of Phase One RFQ submission.

• Proof of ability to provide bonding capacity of $13,000,000.00 in the form of a letter from a surety

• Signed Sensitive but Unclassified (SBU) Information Form (Attachment 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.

A. Phase I Evaluation Factors (Technical Qualification Phase)

Evaluation Factor 1: Technical Approach (Lead Designer) Evaluation Factor 2: Technical Approach (Construction Firm) Evaluation Factor 3: Past Performance for Design & Construction Evaluation Factor 4: Past Performance in Utilizing & Small Bus Program

The following evaluation criteria are listed in order of importance with Factor 1 and Factor 2 being equal in value to each other. It is important to note however that offer that do not satisfy the Mandatory requirements (Go/No-Go Factors) identified in II.D will be considered nonresponsive and will not be considered or further evaluated

Definition of similar project: For the purpose of the Phase I Technical RFQ Phase, a project of similar scope and complexity shall include all of the following characteristics:

SIMILAR PROJECT is defined as a project that is similar in size, type and complexity.

To qualify as a SIMILAR PROJECT, the project must meet all three elements of size, type, and complexity as further defined here. To be considered similar in size projects must exceed $13,000,000 in construction cost and be completed within the past 10 years, be at least 29,000 gross square feet, and is located in a building of at at least 6 vertical stories. To be considered similar in type project(s) must be renovation and alteration, childcare center, outdoor recreation play yard, professional food service preparation facility or related facility with similar characterics. To be considered similar in complexity projects must be construction in a fully occupied building, secured space with minimal disruption, Mechanical, Electrical, Plumbing (MEP) work in an existing multistory building, federal facilities with exterior security requirements, and federal childcare centers. Firms should demonstrate past

(The Solicitation) Pages 9 of 26 experience with Physical Security Criteria for Federal Facilities and security design for Federal Childcare Center Design Guide.

Technical Proposal Evaluation of PHASE I

Proposals must address the technical approach, technical qualifications, and the other Phase 1 evaluation factors stated herein. Any proposal that does not meet all of the following criteria will be rejected as unresponsive.

Evaluation Factor 1: Technical Approach (Lead Designer)

This factor considers the lead designers credentials and quality of project experience on similar projects.

Submittal Requirements:

Provide a biographical resume 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. Shall not exceed three pages.

Lead Designers portfolio of at least three (3) building projects, which meet the definition of “Similar Project” defined in the RFQ. 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 solution. This section of the proposal could include tangible evidence such as certificates, awards, peer recognition etc. demonstrating design excellence. Also 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 photos. Each project shall not exceed three

(3) pages

Standard for Evaluation is met when

The Lead Designer provide a biographical resume including education, professional experience recognition for design efforts inclusive of the portfolio examples.

Identify and describe areas of responsibility and commitment to each project. Each project shall not exceed three pages.

Lead Designers portfolio of at least three (3) building projects which meet the definition of “Similar Project” defined in the RFQ. 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 solution. This section of the proposal could include tangible evidence such as certificates, awards, peer recognition etc. demonstrating design

(The Solicitation) Pages 10 of 26 excellence. Also 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 photos. Each project shall not exceed three

(3) pages

Additional Consideration may be given for

Outstanding ratings from owner references

Demonstrated ability to partner with a construction firm to develop on-budget, value added construction document package(s).

Demonstrated ability to “add value” through constructability reviews, value engineering, material and/or method substitutions.

Demonstrated creative solutions and “can-do” culture

Evaluation Factor 2: Technical Approach (Construction Firm)

This factor considers the credentials and quality of project experience of the Construction Firm's personnel on similar projects.

Standard for Evaluation is met when:

The construction firm submit resumes for the following individuals:

a. Project Manager

b. Construction Superintendant

c. MEP Coordinator

1. Each of the key individuals has experience on at least three (3) construction projects in a position similar to the one being proposed for this project. Experience for the construction services must include a level of involvement of not less than 50 percent of the construction period for similar projects.

2. Each of the key individuals identified has the appropriate education, training, experience and certification required for the position to be assigned for this project.

Overall experience as a Contractor, Contractor GC and may not be less than 5 years in duration.

3. The duties of each key individual are clearly described in the proposal.

Resumes shall be no more than (2) two-pages for each person and include level of education, special training and highlight previous work experience relevant to this project.

(The Solicitation) Pages 11 of 26

Additional Consideration may be given for Outstanding ratings from owner references

Demonstrated ability to partner with an A/E firm to develop on-budget, value added construction document package(s)

Demonstrated ability to effectively coordinate the trades

Demonstrated ability to complete projects within the approved schedule.

Demonstrated ability to meet project budget constraints by managing cost changes and claims.

Evaluation Factor 3: Past Performance for Design & Construction

This factor evaluates past performance for both the A/E Design Firm, including Lead Designer and the Construction Firm on projects that meet the definition of “Similar Project”. 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 the GSA receives negative past performance information, the offeror may be given an opportunity to respond.

Submittal Requirements: Both the offeror’s A/E Design and Construction Firm must each submit three (3) projects for review that meet the definition of “Similar Project”.

Additional consideration will be given for teams that have relevant design build experience. Each project must identify at least one (1) reference, including name, address telephone number and email address. Offers shall distribute Past Performance Evaluation Survey (Attachment 1) to each reference. These references shall email the completed Past Performance Survey to Shelita Harper, Contracting Officer at shelita.harper@gsa.gov no later than Friday, July 15, 2016. The email subject line must contain the solicitation number and the name of the offeror. 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.

Standard for Evaluation is met when:

Both the offeror’s A/E Design and Construction Firm each submit three (3) projects for review that meet the definition of “Similar Project.”

Additional Consideration may be given for Teams that have relevant design build experience

Offers which feature experience from similar projects that are in California

Each project must identify at least one (1) reference, including name, address telephone number and email address.

(The Solicitation) Pages 12 of 26

Evaluation Factor 4: Past Performance In Utilizing The Small Business Program

This factor evaluates the offerors understanding of the Government’s subcontracting program. Offerors must submit an SBA approved plan from a completed project that provides for participation by Small Business, Veteran-Owned Small Business, Small Disadvantaged Business, HUB Zone, Women-Owned Small Business, and Service- Disabled Veteran-Owned Small Business firms in the percentages specified in the RFP as issued for that project. The plan must demonstrate an understanding of the small business subcontracting program’s objectives and GSA’s expectations with respect to the program and must include all the information, goals, and assurances required by FAR 52.219-9. Small Business concerns are exempt from the requirements of FAR 52.219-9 and will receive full credit under this evaluation factor. If your past project did not require a subcontracting plan, the government would like to see how your firm subcontracted out the work to small business concerns.

Standard for Evaluation is met when:

The offeror provide an approved SBA plan, Include the total dollar value and the dollar value percentage of work (of total contract value) subcontracted to LB, HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms for each project. If subcontracting was not used on submitted contracts, provide an explanation as to why for each category

Additional Consideration may be given for:

Plans which exceeded the minimum GSA Subcontracting goals

Plans that entail projects of Similar Scope and Complexity

Plans that received awards for outstanding support to HUBZone, SB, SDB, WOSB, VOSB, or SDVOSB firms. referenced in this proposal

II.E. 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.

(The Solicitation) Pages 13 of 26

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

III. Solicitation Provisions

III.A. Availability of Funds

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

III.B. Requests for Clarification or Interpretation

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

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement.

Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

(The Solicitation) Pages 14 of 26

III.F. Notice Concerning Preparation of Proposals

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

III.G. Bond Requirements

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

III.H. 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/index.htm

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

(2) CPARS Modules: Currently there are three (3) modules within the CPARS system;

however, the modules are being merged into a single application under the CPARS name in order to standardize the contractor performance evaluation process across the entire Federal Government. The merge is scheduled to occur in the summer of 2014.

For more information on the merge visit the FAQs on the CPARS website. The following are the three modules within the system:

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

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

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

Throughout the remainder of this section, the term “CPARS” will mean the overall evaluation system (inclusive of the CPARS, ACASS and CCASS evaluation modules).

(The Solicitation) Pages 15 of 26

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

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

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

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

III.I. Safeguarding Documents Designated as Sensitive But Unclassified

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

III.J. Additional Security Requirements

All contractor and subcontractor employees that perform on this project/contract will be required to meet the latest established requirements of Homeland Security Presidential Directive (HSPD-12) for gaining access to a federally controlled facility or access to a Federal Information System. Individual employees will submit security clearance requests in advance of contract performance with all required forms, identification and certification needed to have security clearances adjudicated by the appropriate office of DHS. Only those employees receiving favorable clearances will be issued the proper badges/cards to access federally-controlled facilities. FAR 52.204-9 will be included in the contract as well as other accompanying provisions and specifications that implement the required provisions of HSPD-12.

A. IV. FAR/GSAR Solicitation Provisions

FAR 52.215-1 Instructions to Offerors—Competitive Acquisition

(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

(The Solicitation) Pages 16 of 26 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).

(The Solicitation) Pages 17 of 26

(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

(The Solicitation) Pages 18 of 26 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 Davis-Bacon Act—Secondary Site of the Work (JUL 05)

(a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Davis-Bacon Act, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

(The Solicitation) Pages 19 of 26

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

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

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

Action Compliance Requirements for Construction clause of this solicitation.

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

16.9 %.

6.9%

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

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

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for

Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

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

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

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(The Solicitation) Pages 20 of 26

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the

"covered area" is:

San Diego, California

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

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

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

IV. F. Buy American Act—Construction Materials (Feb 2009)

52.225-9 Buy American Act—Construction Materials.

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 ( 46

U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.

However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of

(The Solicitation) Pages 21 of 26 this definition, plus allocable overhead costs, but excluding…