06 RFP

General Services Administration

Public Building Service - Northwest/Arctic Region 10

Design & Construction Contracting (10PCQ)

EDITH GREEN – WENDELL WYATT

FEDERAL BUILDING MODERNIZATION

PORTLAND, OREGON

REQUEST FOR PROPOSAL

SOLICITATION NUMBER GS-10P-09-LT-C-0052

Contract Manager:

Chad O’Brien

U.S. General Services Administration

Public Building Services, Design & Construction (10PCQ)

400 – 15th Street SW

Auburn, WA 98001-6599

Phone: 253-931-7157

EMAIL: chad.obrien@gsa.gov Project Manager:

Paul Witherspoon

U.S. General Services Administration

Public Building Services, Design and Construction (10PCQ)

400 – 15th Street SW

Auburn, WA 98001-6599

Phone: 253-931-7423

EMAIL: paul.witherspoon@gsa.gov

Table of Contents

Section

Content

Page

1.0

INTRODUCTION

2.0

PROJECT DESCRIPTION

3.0

ACQUISITION MILESTONES/SCHEDULE

4.0

SCOPE OF SERVICES

5.0

PHASE 1 WRITTEN TECHNICAL PROPOSAL REQUIREMENTS

6.0

PHASE I ORAL PRESENTATION REQUIREMENTS

7.0

PHASE 2 PRICE PROPOSAL REQUIREMENTS

8.0

EVALUATION FACTORS AND THEIR RELATIVE IMPORTANCE

9.0

METHOD OF AWARD

00100

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

00600

REPRESENTATIONS AND CERTIFICATIONS

00700

CONTRACT CLAUSES

00800

SPECIAL CONTRACT REQUIREMENTS

LIST OF EXHIBITS

Exhibit 1

Information on Similar Projects

Exhibit 2

Performance Report

Excel File Exhibit 3

Key Personnel

Exhibit 4

Key Subcontractors

Exhibit 5

Standard Form 1442

LIST OF ATTACHMENTS

Attachment 1

Abbreviations and Acronyms

Attachment 2

Technical Documents (Project Scope) To be provided by Amendment

1.0

INTRODUCTION

1.1 GSA will be accepting proposals from experienced Construction Manager/Constructor (CMc) firms for the modernization of the Edith Green – Wendell Wyatt Federal Building. This project will be procured as a competitive, negotiated Request for Proposal (RFP) using Source Selection procedures, as authorized by Part 15 of the Federal Acquisition Regulation (FAR). It will result in a Best Value, Guaranteed Maximum Price (GMP) contract.

1.2 Phase 1 will consist of the evaluation of technical proposals and oral presentations as set forth in section 8 of this RFP. A Voluntary Short List will be established after Oral Presentations are conducted.

1.2.1 The GSA Source Selection Authority (SSA) will notify the offerors in writing (via E-MAIL) of the Source Selection Board’s preliminary evaluation of their proposal (Excellent, Very Good, Good, Fair, or Poor). This will allow the offeror an opportunity to decide whether or not to continue in the solicitation process. Each offeror will provide E-MAIL notification to the SSA of their decision to continue in the process within five (5) calendar days of receiving their preliminary evaluation. Those offerors will constitute the Voluntary Short List.

1.3 Phase 2 will consist of the evaluation of GMP proposals. GSA will issue a set of criteria, additional technical documentation, along with a request for the GMP proposal, and any supplemental instructions (if necessary) to those offerors on the Voluntary Short List. GMP proposals will be evaluated in accordance with the criteria set forth in section 8 of this RFP. Price is significantly less important than the combined weight of the technical and oral presentation/interview factors.

1.3.1 Meetings will be conducted with each offeror submitting a GMP proposal. The purpose is to confirm the contractor’s understanding of the scope of work and level of effort necessary to perform successfully.

2.0

PROJECT DESCRIPTION

BACKGROUND: Originally (approximately 2 years ago), this project envisioned a building upgrade to include ADA restrooms, seismic, electrical, HVAC distribution, complete building re-cladding, secure entry, blast and seismic resistance, lower level exit, 1st Impressions, tenant space, finishes, HVAC replacement, and security system equipment. The goal was to achieve LEED Silver Certification. Work involves renovation of about 500,000 gsf of space. The project was put on hold when Congress did not appropriate the construction funding.

CURRENT UPDATE: This project is now being funded under American Recovery and Reinvestment Act (ARRA). The project is being re-scoped to align more closely with the High Efficiency Green Building requirements (Energy Independence and Security Act, EISA) as mandated by ARRA.

OCCUPANCY STATUS (DURING CONSTRUCTION): Originally, GSA intended to renovate the building while the building was occupied, with construction activity meticulously phased around the tenant agencies, requiring tenants to be moved to swing space and back to their final space in the building. As the project is being re-scoped, GSA now intends to vacate the building before construction begins. That said GSA’s ability to vacate the building is dependent on the availability of lease space in the Portland market. It is also dependent on how quickly lease actions can be completed. This creates a potential for construction start in a partially occupied facility.

VARIATION FROM TYPICAL CMc DELIVERY METHOD: This CMc solicitation (RFP) requires that the CMc also include or propose up to 5 first tier subcontractors. The RFP and resulting contract will include an option to acquire A-E services after award. That option would only be exercised if agreement on the A-E scope of work for CA phase services cannot be reached by GSA and the A-E. Therefore, an A-E should not be proposed as one of the 5 first tier subcontractors.

PROJECT DURATION: GSA has re-opened the A-E contract with the original designer, SERA Architects. SERA will be responsible for updating the technical requirement package (DDs/CDs). The CMc design phase services are projected to last 6-12 months. The construction duration is projected to last 24-30 months.

PROJECT CONSTRAINTS: ARRA funding must be obligate by September 2010, meaning GSA and the CMc must reach agreement on the Guaranteed Maximum Price (GMP) by that date. Construction funding must be expensed by September 2014. ARRA prescribed Buy American, Whistleblower, and Reporting and Invoicing requirements are included.

Technical Documents: Applicable project technical information will be provided as Attachment 2 via amendment posted to FedBizOpps prior to the site visit.

PRE-PROPOSAL CONFERENCE/SITE VISIT: There will be a pre-proposal conference/site visit conducted on July 29, 2009 from 10:00 am to 12:00 pm. Interested parties should assemble in the lobby of Edith Green – Wendell Wyatt (1220 SW 3rd Ave, Portland, OR). Identification will be required to pass security.

3.0 ACQUISITION MILESTONES/SCHEDULE (Estimated)

07/17/09 RFP Issued.

07/29/09 Pre-Proposal Conference/Site Visit 08/21/09 Phase 1 - Offerors Submit Technical Proposals.

09/09-9/18 Offeror oral presentations/interviews (tentative) 09/25/09 Voluntary Short List established.

09/30/09 Design Development Presentation by A/E to GSA, Tenants & Offerors 09/30/09 GSA issues additional design documents and supplemental instructions for pricing proposal (Hand delivery to offerors at presentation) 10/27/09 Phase 2 - Offerors submit GMP Proposals.

11/06-11/12 Meeting with Offerors to present GMP Proposals

11/16/09 GSA establishes the competitive range. GSA may limit the number of proposals for purposes of efficiency as authorized by FAR 52.215-1(f)(4).

11/17/09 GSA notifies firms of competitive status.

11/20/09 GSA begins negotiations. Note, contract award may be made without discussion as authorized by FAR 15.306(a)(2) and requests Final Proposal Revision (FPR) 11/30/09 GSA receives Final Proposal Revision (FPR) 12/11/09 GSA selects Contractor.

12/17/09 GSA Awards contract, unsuccessful offerors notified.

12/21/09 Debriefings (if requested) scheduled.

01/04/10 GSA issues Notice to Proceed for Design Phase Services.

4.0

SCOPE OF SERVICES

4.1 GSA proposes to use a Construction Manager as Constructor (CMc) project delivery method. This method results in the construction contractor being brought on-board during the design process. By involving the contractor early, it is expected that potential design problems will be identified and resolved during this phase rather than during construction, and that economy, value and schedule enhancements can be built into the design.

4.2 DESIGN PHASE SERVICES (Representative List)

4.2.1 Attend bi-weekly design review meetings.

4.2.2 Perform ongoing Constructability Reviews. The purpose is to determine if the design is actually buildable within budget and if the sequencing of construction can be improved.

4.2.3 Based on the results of the Constructability Reviews, the construction contractor and the A/E may need to work together to resolve problems. This is referred to as Design Resolution. The primary method of accomplishing Design Resolution is through a series of meetings, which may include major subcontractors and initial interviews with the subcontractors to discuss the technical assumptions made in pricing. If possible, an early submittal process during the Design Phase will also aid both parties in developing a more specific set of Construction Documents and in finalizing the design through the production of working drawings.

4.2.3.1 Develop a Construction Schedule current with the Design Resolution process.

4.2.4 Develop Value Engineering proposals, which will provide savings to the Government.

4.2.5 Identify subcontract bid packages and material procurement packages that could be advertised prior to the completion of construction documents. If GSA concurs that the project will benefit and if funds are available, GSA may elect to authorize the contractor to advertise and award subcontracts or material procurements for long lead-time items in advance of completion of Construction Documents.

4.2.6 Prepare construction cost estimate for the entire work in CSI modified Uniformat (verify format with Architect) based upon the final design development submission. If the estimate exceeds the Estimated Cost of Construction (ECC), the contractor shall take whatever actions may be necessary in conjunction with the Architect and GSA to reduce the cost of the work to within the ECC.

4.2.7 Revise the construction schedule, as required, to reflect changes that have occurred during design, building occupancy changes, and/or to reflect a more refined schedule for procurement of materials, subcontract buyout or construction. Provide updates at the Design Review meetings.

4.2.8 Prepare and process the application(s) for all necessary building permits. Monitor and expedite the permitting process as necessary to ensure that the construction permits are received in a timely fashion.

4.2.9 Monitor the development of the Construction Documents. Continue to provide Value Engineering and Constructability Reviews when requested by the design team and approved by GSA.

4.2.10 Verify that the Construction Documents reflect the existing conditions of the site.

4.2.11 Assist the Design Team and GSA with LEED Certification. The goal for this project is to achieve a LEED rating of Silver.

4.2.12 Participate in GSA Peer Review processes.

4.2.13 Develop shared project team management processes and protocols. Formulate recommendations on the cost benefit of project labor agreements.

4.3 CONSTRUCTION PHASE SERVICES (Representative List)

4.3.1 During construction the Contractor shall provide all services required of a general contractor and construction manager. Specific details of the work are provided below but they shall in no way limit the contractor's overall duty to provide CMc services.

4.3.2 The contractor shall conduct weekly progress meeting(s) and weekly subcontractor meeting(s) and maintain minutes for them. The contractor shall also be required to attend construction oversight meetings with representatives from GSA and the Design Team on a monthly basis. The contractor shall conduct site tours for GSA and other officials as required.

4.3.3 The contractor shall be responsible for: superintendence, ongoing coordination between crafts, job site safety, quality control, settling disputes between subcontractors, negotiating any Change Orders with the subcontractors (GSA expects the CMc to negotiate with subcontractors, but reserves the right to reject any subcontractor proposal), negotiating Change Orders with GSA, reviewing, coordinating and forwarding submittals and RFIs to GSA's Representative for action and for responding to all correspondence related to a subcontractor's inability or unwillingness to perform.

4.3.4 The contractor shall be responsible for general building layout, and for the coordination of layout work provided by separate trades for their own work, to insure that no conflict exists with the work of other trades. This work shall include the layout of all partitions and door openings, electrical panels, and fixed casework outlines (including knee spaces) on the floor slab prior to mechanical, plumbing, and electrical rough-in work.

4.3.5 The contractor shall provide sufficient staff of project managers, field engineers, superintendents, engineers, contractor Quality Control representatives, testing engineers, scheduling engineers, cost engineers, clerical and accounting personnel, etc. to ensure that change order proposals, RFIs, submittals, and correspondence are handled appropriately. Processes and time constraints will be negotiated by after award.

4.4 Construction Substantial Completion is defined as a level of construction, which allows the Government to occupy and operate the entire building or portions of the building according to a phased occupancy schedule. The only remaining work in the building shall not restrict occupancy or the normal business operations of the building tenants. Such remaining work is normally cited on a punchlist, which is included in the documentation of Substantial Completion.

5.0

PHASE 1 WRITTEN TECHNICAL PROPOSAL REQUIREMENTS

5.1 Submit your Phase 1 Written Technical Proposal to the GSA Contract Manager, Chad O’Brien, no later than August 21, 2009, 2:00 PM, at the GSA Regional Office (10PCQ), 400-15th Street SW, Auburn, WA 98001-6599

5.2 The Offeror shall submit four (4) copies of their written technical proposal. Each copy should be filed in a 1” three ring binder. Each binder should be organized and tabbed as follows:

Tab 1 - Company Past Performance

Tab 2 - Past Performance References

Tab 3 - Project Staffing and Key Personnel, Construction Phase Services

Tab 4 - Key Subcontractors

Tab 5 - Joint Venture (if applicable)

5.2.1 FAR 15.305(a)(2)(ii) authorizes offerors to provide information on problems encountered (on contracts/projects submitted for evaluation (information at tab 1, 2, 3, and 4) and the offeror’s corrective actions. If that information is provided, it should be provided as tab 6 (Problems Encountered and Corrective Actions).

5.3 INFORMATION TO BE PROVIDED

5.3.1 COMPANY PAST PERFORMANCE (TAB 1)

5.3.1.1 Each offeror shall provide a list of no more than 10 (but not less than 5) similar projects completed within the last (10) years. GSA defines similar projects in terms of complexity, size, and dollar value. GSA has defined similar projects as the modernization or renovation of high-rise office, governmental, or institutional projects of at least $50 million. For each project listed, the offer shall provide, as a minimum, the information shown on Exhibit 1.

5.3.1.2 The information provided shall not exceed one (1) page (formatted consistent with Exhibit 1) per project.

5.4 PAST PERFORMANCE REFERENCES (TAB 2)

5.4.1 Each offeror shall select five (5) projects from those identified above and have the Owner or Owner’s Representative from each project complete the questionnaire at Exhibit 2.

5.4.2 The offeror shall arrange to have all reference material prepared by the Owner’s or Owner’s Representative delivered back to them in sealed envelopes. The offeror is responsible to include that reference material IN THE ORIGINAL UNOPENED ENVELOPE with their written technical proposal. The GSA SSA/CO will open the envelopes and make any additional copies needed. The SSA may request clarification of past performance data after submission of technical proposals. Offerors will be notified, by EMAIL, of errors or omissions in reference material prepared by Owner or Owner Representative. The notice will identify a submission time and date. The evaluator may correct the errors and omissions or the offeror may explain, in writing, why no additional data is to be submitted. Clarification should be submitted, by the offeror, in its original sealed envelope by the date established. The offeror shall complete and submit a self-evaluation of the same five (5) projects using the same form.

5.4.3 If the offeror believes the Reference cannot be included in their initial proposal, for the proposal to be submitted by the prescribed submission date/time, the offeror may elect to submit their proposal without that information. In such an instance, the offeror should include the following with their proposal:

a. The reference name and contact information.

b. The date the offeror requested that the survey be completed by the reference.

c. A detailed explanation of attempts made to obtain the survey.

Any surveys obtained after submittal of the proposal should be immediately submitted to the GSA Contract Manager.

5.4.4 In addition to the performance evaluations provided GSA will use the information available in the Past Performance Information Retrieval System PPIRS, information provided on the completed Exhibit 1 furnished by offerors, as well as any other past performance data available to GSA.

5.5 RESERVED

5.6 RESERVED

5.7 PROJECT STAFFING AND KEY PERSONNEL (SUGGESTED), CONSTRUCTION PHASE SERVICES (TAB 3)

5.7.1 Each offeror shall submit a project organizational structure and proposed project staffing plan. The information provided shall not exceed 2 pages, single spaced, minimum 10 point font, on 8.5x11 paper.

5.7.2 Each offeror will provide suggested Key Personnel to be utilized during the Construction Phase. For each individual, the offeror shall complete the questionnaire at Exhibit 3. The information provided shall not exceed one (1) page for each individual (formatted consistent with Exhibit 3).

5.7.3 The offeror will summarize established processes for assessing and retaining key personnel and promoting professional growth. The information provided shall not exceed 1 page, single spaced, minimum 10 point font, on 8.5x11 paper.

5.8 KEY SUBCONTRACTORS, (TAB 4)

5.8.1 Each offeror will identify up to 5 first tier subcontractors (trades) considered to be “key” to project success. Each offeror will provide suggested Key Subcontractors. For each subcontractor, the offeror shall complete the questionnaire at Exhibit 4. The information provided shall not exceed 1 page for each subcontractor (formatted consistent with Exhibit 4).

5.9 JOINT VENTURES (TAB 5, if applicable)

5.9.1 If the offeror is proposing as a joint venture, they shall address the following:

Explain why you are proposing as a Joint Venture rather than proposing as a single respondent.

If the offerors have worked together in the past explain the projects; provide a copy of the joint venture agreement and the draft joint venture agreement for this contract.

If the offerors have not worked together in the past, provide a copy of their (or either if only one has done it) typical joint venture agreement and the draft joint venture agreement for this Contract.

If neither has joint venture experience, then provide a copy of the joint venture agreement for this contract.

6.0

PHASE I ORAL PRESENTATION REQUIREMENTS

6.1 Oral presentations/interviews are currently scheduled to start on September 9, 2009. Interviews will be conducted in Portland at a location yet to be determined.

6.2 A one day (eight hour) oral presentation/interview will be held with each offerors team (limited to not more than 15 individuals). The offerors presentation shall include the following:

A brief review and commentary of the written technical information provided.

Planned strategies for delivering, performing, or executing the following project management responsibilities:

a. Preconstruction Phase Services, specifically estimating and constructability reviews and integration with the A&E.

b. Means Method Strategies for ensuring an efficient and effective transition from PreConstruction Phase Services to Construction Phase Services.

c. Construction Phase Services, specifically soliciting and awarding subcontracts, project mobilization, project coordination (RFIs, RFPs, contract modifications, etc.), coordinating of trades, teamworking/partnering, project administration (correspondence, records management, etc.) and quality control.

The offeror shall discuss the following three (3) issues that are of particular interest to GSA:

1. Options and alternatives for construction in a partially occupied facility.

2. Strategy for design and build-out of Tenant Improvement packages.

3. Means and methods for performance management of subcontractors/suppliers.

The offeror shall discuss three (3) additional key project issues of their choice to further demonstrate their understanding and approach to this project.

6.3 Impromptu discussion of other key project issues as deemed appropriate by either GSA or the offeror are encouraged and will include the award fee process and GMP Clause Requirement ensuring the GMP amount is renegotiated before the construction option is exercised.

7.0

PHASE 2 GMP PROPOSAL REQUIREMENTS

7.1 After the completion of Phase 1, an Amendment will be issued containing the details of Phase 2.

7.2 Phase 2 may include submission of four (4) copies of their GMP proposal consisting of the following:

A signed SF 1442 (exhibit 5), with firm fixed price for Design Phase Services (insert in block 17).

Completed Representations & Certifications under Section 0600 of this solicitation

A work plan detailing the Pre-Construction Phase services to be provided. As a minimum, the plan should identify tasks to be performed, staff to be assigned and resources to be employed. The work plan should communicate the offeror’s commercial “solution” for the Pre-construction services needed.

A detailed GMP proposal based on the project documentation that will be provided after Phase 1. The GMP should serve to demonstrate the offerors understanding of the work. The GMP constitutes the offerors independent assessment of the maximum allowable construction cost and needed contingency amount.

7.3 A two hour meeting may be held with each offeror to jointly review the GMP proposals submitted.

8.0

EVALUATION FACTORS AND THEIR RELATIVE IMPORTANCE

8.1 Award will be made based on the following factors and sub factors:

8.2 TECHNICAL FACTORS

8.2.1 Factor 1 (350 POINTS): Past Performance, subfactors consist of the following:

Demonstrated ability to effectively manage project quality.

Demonstrated ability to control project costs.

Demonstrated ability to deliver timely performance.

Demonstrated ability to provide effective project management and maintain business relationships.

8.2.2 Factor 2 (250 POINTS): Project Staffing and Key Personnel, subfactors consist of the following:

Developed an effective project delivery/management organization.

Demonstrated project staffing (Key Personnel) is adequate to achieve project objectives.

Demonstrated adequate processes for assessing and retaining key personnel and promoting professional growth.

8.2.3 Factor 3 (200 POINTS): Key Subcontractors, subfactors consists of the following:

Effectively identifies “key” trades thought necessary to achieve project objectives and includes rationale for designating each such key trade, including mitigation of cost, schedule, and performance risk.

Provides convincing rationale for selecting each key subcontractor proposed, including consideration of past performance, competition, socio-economic, capabilities/competencies, and other unique propositions.

8.2.4 Factor 4 (100 POINTS): Oral Presentations and interviews, subfactors consist of the following:

Demonstrated understanding of the challenges associated with the projects.

Demonstrated understanding of the key project management activity.

Ability to engage GSA as a contract partner.

8.3 GMP FACTOR

8.3.1 Factor 5 (100 POINTS): Price, subfactors consist of the following:

GMP estimate adequately reflects project scope and complexity.

Design Phase price is reasonable and realistic when compared to the work plan.

8.4

COMBINED WEIGHT OF TECHNICAL EVALUATION FACTORS

8.4.1 For this solicitation the combined weight of the technical evaluation factors is significantly more important than cost or price.

9.0

METHOD OF AWARD

9.1 The Government plans to award a contract to the Offeror that submits a proposal that results in the Best Value to the GSA in accordance with FAR Part 15.

9.2 Technical proposals received will be evaluated against the criteria cited in section 8 of this RFP.

9.2.1 Oral presentations will be conducted, followed by the development of a Voluntary Short List.

Submission of a GMP proposal then follows.

9.3 A competitive range decision will be made, offerors may be excluded (if excluded, offeror will be notified in writing) followed by discussions, as needed. GSA reserves the right to award without discussion.

9.4

DISCUSSIONS

9.4.1 Discussions and negotiations will be conducted if necessary. Means and methods (e.g., in person, telephonic, written) will be determined by the SSA. At the direction of the SSA the offeror shall submit their Final Price Revision FPR for evaluation. Final selection and award will be to that offeror that provides the Best Value to the Government. Final selection and award will be made by the SSA/CO.

9.5

DEBRIEFINGS

9.5.1 Offerors excluded either at the Voluntary Short List or at the competitive range determination may request a debriefing before award.

9.5.2 Requests for debriefings must be submitted in writing to the SSA within 3 days after receipt of the notice of exclusion. At the offerors request, the debriefing may be delayed until after award.

9.5.2.1 Offerors are entitled to no more than one debriefing for each proposal.

9.5.3 Offerors not excluded must request a debriefing, in writing, within 3 days after the offeror has received notification of contract award.

9.5.4 If the offeror does not submit a timely request, GSA is not obligated to provide a debriefing. Debriefings will occur during GSA business hours.

9.6

AWARD OBJECTIVE

9.6.1 GSA's objective is to select the proposal that offers the Best Value for the funds expended, not necessarily the lowest price. An award may be made to other than the low offeror.

9.6.2 The Best Value concept will provide GSA an opportunity to perform value analysis (price/technical trade-offs).

SECTION 00100 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDER

TC "SECTION 00100 - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS" \f C \l "1"

TC "00100.1 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUNE 1999)" \f C \l "2"

00100.1 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

(Reference 14.201-6(w))

00100.2 52.214-35 SUBMISSION OF OFFERS IN THE U.S. CURRENCY (APR 1991)

(Reference 14.201-6(x))

00100.3 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (FEB 2000 (OCT 1997)

(Reference 15.209)

00100.4 52.215-1 I INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (FEB 2000)--ALTERNATE I (OCT 1997)

(Reference 15.209)

00100.5 52.215-1 II INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (FEB 2000)--ALTERNATE II (OCT 1997)

(Reference 15.209)

TC "00100.3 552.217-71 NOTICE REGARDING OPTION(S) (NOV 1992)" \f C \l "2"

00100.6 552.217-71 NOTICE REGARDING OPTION(S) (NOV 1992)

(Reference 517.208)

TC "00100.4 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (SEP 1999)" \f C \l "2"

00100.7 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (SEP 1999)

(Reference 519.708)

TC "00100.5 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (SEP 1999)" \f C \l "2"

00100.8 RESERVED

TC "00100.6 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)" \f C \l "2"

00100.9 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(Reference 22.810)

The goal for minority participation is: 4.5% The goal for female participation is: 6.9% The covered area is: Portland

0010.10 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS TC "00100.8 552.233-70 PROTESTS FILED DIRECTLY WITH THE GENERAL SERVICES ADMINISTRATION (MAR 2000)" \f C \l "2"

00100.11 52.236-27 I Site Visit (Construction) –Alternate i (feb 1995) (Reference 36.523)

(b) Scheduled for July 29, 2009, 10:00 am to 12:00 pm

(c) Meet at Edith Green – Wendell Wyatt lobby

00100.12 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (Oct 1997)

(Reference 15.408(1))

(a) Exceptions from cost or pricing data.

(1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include—

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of Provision)

00100.13 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price Design Phase Services with a GMP with award fee Construction Phase type contract resulting from this solicitation.

(End of Provision)

TC "00100.11 552.219-73 GOALS FOR SUBCONTRACTING PLAN (SEP 1999)" \f C \l "2"

00100.14 552.219-73 GOALS FOR SUBCONTRACTING PLAN (SEP 1999)

(Also See Clause No. 00800.1)

(a) Maximum practicable utilization of small, HUBZone small, small disadvantaged, and women-owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits.

(1) The General Services Administration's (GSA's) commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, and women-owned small business concerns to participate as subcontractors in the performance of this contract, consistent with its efficient performance, must be reflected in the offeror's subcontracting plan submitted pursuant to the clause of this contract at FAR 52.219-9, Small Business Subcontracting Plan.

(2) In addressing the eleven elements described at FAR 52.219-9(d), the offeror shall demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, and women-owned small business concerns in performing this contract. An offeror submitting a commercial products plan can demonstrate its commitment in providing maximum practicable opportunities through subcontracting opportunities it provides to small, HUBZone small, small disadvantaged, and women-owned small business concerns that relate to the offeror's production generally; i.e., for both its commercial and Government business.

(3) The subcontracting plan shall include a description of the offeror's subcontracting strategies used in previous contracts and significant achievements, with an explanation of how this plan will build upon those earlier achievements. Additionally, the offeror shall demonstrate through its plan that it understands the small business subcontracting program's objectives, GSA's expectations, and is committed to taking those actions necessary to meet these goals or objectives.

(b) GSA believes that this contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, and women-owned small business concerns as subcontractors. Accordingly, it is anticipated that an acceptable subcontracting plan will contain at least the following goals:

Small Business............................. __ percent.

HUBZone Small Business..................... __ percent.

Small Disadvantaged Business............... __ percent.

Women-Owned Small Business................. __ percent.

Service-disabled Veteran-Owned Small....... __ percent.

NOTE: Target goals are expressed as a percentage of planned subcontracting dollars.

(c) In determining the acceptability of any subcontracting plan, the Contracting Officer will--

(1) Review the plan to verify that the offeror has demonstrated an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the programs and has included all the information, goals, and assurances required by FAR 52.219-9;

(2) Consider previous goals and achievements of contractors in the same industry;

(3) Consider information and potential sources obtained from agencies administering national and local preference program and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, and women-owned small business concerns; and

(4) Review the offeror's description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, and women-owned small business concerns. The offeror's description can apply to commercial as well as previous Government contracts.

(d) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.

(End of provision)

TC "00100.12 52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (May 2002)" \f C \l "2"

00100.15 52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements (Mar 2009) (Reference 25.1102(e))

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,” “manufactured construction material,” “Recovery Act designated country construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-23).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-23 in the request. If an offeror has not requested a determination regarding the inapplicability of section 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than Recovery Act designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-23, the offeror also may submit an alternate offer based on use of equivalent domestic or Recovery Act designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-23 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-23 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or Recovery Act designated country construction material, and the offeror shall be required to furnish such domestic or Recovery Act designated country construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

(End of provision)

00100.16 52.225-12 I NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS, ALERNATE I (May 2002)

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11.

(End of Provision)

TC "00100.9 52.233-2 Service of Protest. (AUG 1996)" \f C \l "2"

00100.17 52.233-2 Service of Protest. (AUG 1996)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer in Block 10 of the Standard Form 33;

General Services Administration, 400 15th Street SW (10PCQ)

Auburn, WA 98001-6599.

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

(End of provision)

00100.18 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): http://www.acqnet.gov/AcqNet/text/Library/Other/regs.html

(End of provision)

SECTION 00600 - CERTIFICATIONS AND REPRESENTATIONS

00600.1 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)

(Reference 36.520)

00600.2 52.204-8 – Annual Representations and Certifications

(a)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (b) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (b) applies.

[ ] (ii) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(b) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision) TC "00600.13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)" \f C \l "2" TC "00600.11 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)" \f C \l "2" TC "00600.13 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)" \f C \l "2"

SECTION 00700 - CLAUSES

TC "00700.2 52.202-1 I DEFINITIONS (MAR 2001)--ALTERNATE I (MAY 2001)" \f C \l "2"

00700.1 RESERVED

TC "00700.3 52.203-3 GRATUITIES (APR 1984)" \f C \l "2"

00700.2 52.203-3 GRATUITIES (APR 1984)

(Reference 3.202)

TC "00700.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)" \f C \l "2"

00700.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(Reference 3.404)

TC "00700.5 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)" \f C \l "2"

00700.4 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

(Reference 3.502-3)

TC "00700.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)" \f C \l "2"

00700.5 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

(Reference 3.104-9)

TC "00700.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)" \f C \l "2"

00700.6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

(Reference 3.104-9)

TC "00700.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 1997)" \f C \l "2"

00700.7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 1997)

(Reference 3.808)

00700.7.1 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(DEC 2008)

(Reference 3.1004(a))

00700.7.2 52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(Reference 3.1004(b))

00700.7.3 52.203-15 Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009) (Reference 3.907-7) TC "00700.9 552.203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999)" \f C \l "2"

00700.8 552.203-70 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1999)

(Reference 503.104-9)

00700.9 552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)

(Reference 503.570-2 )

TC "00700.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)" \f C \l "2"

00700.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

(Reference 4.303)

00700.11 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(Reference 4.1104)

TC "00700.11 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995)" \f C \l "2"

00700.12 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995)

(Reference 9.409)

00700.12.1 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (SEPT 2007)

(Reference 4.1303)

00700.12.2 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(Reference 4.1502)

00700.12.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(Also see Clause No. 00800.1)

(a) commence work within __ calendar days after notice to proceed

(c) complete the entire work ready for use not later than __

00700.12.3 52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEPT 2000)

(Also see Clause No. 00800.1)

(a) liquidated damages are $_________ for each calendar day

00700.13 52.211-13 TIME EXTENSIONS (SEP 2000)

(Reference 11.503)

TC "00700.12 552.211-71 STANDARD REFERENCES (SEP 1999)" \f C \l "2"

00700.14 552.211-71 STANDARD REFERENCES (SEP 1999)

(Reference 511.204)

TC "00700.13 552.211-72 REFERENCES TO SPECIFICATIONS IN DRAWINGS (FEB 1996)" \f C \l "2"

00700.15 552.211-72 REFERENCES TO SPECIFICATIONS IN DRAWINGS (FEB 1996)

(Reference 511.204)

TC "00700.14 552.211-84 NON-COMPLIANCE WITH CONTRACT REQUIREMENTS (FEB 1996)" \f C \l "2"

00700.16 552.211-84 NON-COMPLIANCE WITH CONTRACT REQUIREMENTS (FEB 1996)

(Reference 511.404)

TC "00700.15 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUNE 1999)" \f C \l "2"

00700.17 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUNE 1999)

(Reference 15.209)

00700.17 52.215-2 I AUDIT AND RECORDS--NEGOTIATION – ALTERNATE I (MARCH 2009)

(Reference 15.209(b)(2))

TC "00700.16 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)" \f C \l "2"

00700.18 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)

(Reference 15.408(b))

00700.19 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA—MODIFICATIONS (OCT 1997) (Reference 15.408(c))

TC "00700.17 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)" \f C \l "2"

00700.20 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)

(Reference 15.408(d))

00700.21 52.215-13 SUBCONTRACTOR COST OR PRICING DATA-MODIFICATONS (OCT 1997)

(Reference 15.408(e))

TC "00700.18 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (DEC 1998)" \f C \l "2"

00700.22 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (DEC 1998)

(Reference 15.408(g))

00700.23 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

(Reference 15.408(i))

TC "00700.19 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS (OCT 1997)" \f C \l "2"

00700.24 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS (OCT 1997)

(Reference 15.408(j))

TC "00700.20 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 1997)" \f C \l "2"

00700.25 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 1997)

(Reference 15.408(m))

TC "00700.21 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999)" \f C \l "2"

00700.26 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999)

(Reference 19.1308)

TC "00700.22 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2000)" \f C \l "2"

00700.27 52.219-8…