120.doc

SECTION 00120 - SUPPLEMENTARY INSTRUCTIONS TO OFFERORS

PART 1. GENERAL

1.01 PROPOSAL DOCUMENTS: We request your cooperation in returning the proposal documents to GSA within 20 calendar days after proposal opening date.

1.02 EXPLANATION TO OFFEROR : Requests for clarification or interpretation of proposal documents must be submitted not less than 10 calendar days prior to date for receipt of proposals and in accordance with the requirements of the clause Explanation to Prospective Offerors as contained in "Solicitation Provisions (Negotiated)".

PART 2. SMALL BUSINESS

2.01 NOTICE TO SMALL BUSINESS FIRMS. A program for the purpose of assisting qualified small business concerns in obtaining certain bids, payment, or performance bonds that are other wise not obtainable is available through the Small Business Administration (SBA). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

2.02 NAICS CODE AND SMALL BUSINESS SIZE STANDARD:

a.

The NAICS code for this acquisition is 233320.

b.

The small business size standard is $ 31 million.

PART 3. PROPOSALS – Reference is made to Section 00300 PRICE EVALUATION: For purposes of price evaluation, the price consists of the base price and any options designated to be evaluated. All options will be evaluated.

BASE PRICE: Construct NE Parking Garage.

The Base price shall consist of one lump sum. The Base price shall not include any work included in the option prices.

OPTIONS:

The options shall not include any work included in the base price.

Option No. 1 – Sixth Level Provide a complete Sixth Level with a revised Fifth Floor Plan to provide access as indicated on the drawings to the Northeast Parking Garage in lieu of base bid (5) levels. The Sixth Floor shall include related work, including but not limited to Structural, Architectural, Mechanical, Plumbing, Fire Protection, Electrical, Fire Alarm, Security and Communications. The government has the right to exercise this option within 120 calendar days after effective notice to proceed. Upon exercise of an option, there will be no extension to contract performance time.

Option No. 2 – Security Systems Provide complete Security Systems, including but not limited to security equipment devices, cameras, locks, card readers, switches, wiring and associated electrical connections as indicated for the Northeast Parking Garage. Semaphore traffic control gates, loop detectors, card readers and intercoms at the First and Second Level vehicular entrances to the Northeast Parking Garage as indicated on the Drawings shall be a separate Option No. 3 as noted below. The government has the right to exercise this option within 120 calendar days after effective notice to proceed. Upon exercise of an option, there will be no extension to contract performance time.

Option No. 3 – First and Second Level vehicular entrances Provide security equipment, wiring, conduits and associated electrical connections for Semaphore traffic control gates, loop detectors, card readers and intercoms at the First and Second Level vehicular entrances to the Northeast Parking Garage as indicated on the Drawings. The government has the right to exercise this option within 120 calendar days after effective notice to proceed. Upon exercise of an option, there will be no extension to contract performance time.

Option No. 4 – Northeast Loop Roadwork

Provide Northeast Loop Roadwork, utilities, grading landscaping, hardscaping and plantings as indicated on the Drawings. The government has the right to exercise this option within 120 calendar days after effective notice to proceed. Upon exercise of an option, there will be no extension to contract performance time.

PART 4. PRE-PROPOSAL REQUIREMENTS AND NOTICES

4.01 FAR 52.236-27 Site Visit (Construction). (Feb 1995)

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

(b) The pre-proposal conference and site visit is scheduled for February 19, 2008, at 10:00 A.M.

(c) Bidders are to meet in the GSA construction trailer behind the White Oak Federal Research Building on New Hampshire Avenue one mile north of the Washington Beltway.

(d) No oral statement made by the Government representative after the pre-proposal conference and during the site visit, nor any written record of such oral statements as may be made and subsequently furnished to the bidder, will be deemed to have the effect of adding to, modifying, or otherwise varying from the written provisions of the Request for Proposals (including, but not limited to specifications, drawings and written amendments to the solicitation). In the event the discussion or questions raised during the site visit indicate a need to modify the Request for Proposals, an amendment to the solicitation will be issued in writing; any such amendment to the solicitation must be acknowledged in the same manner and under the same conditions as all other written amendments to a Request for Proposals.

PART 5. AVAILABILITY OF REFERENCE DOCUMENTS:

5.01 FAR 52.211-1 - AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR Part 101-29. (AUG 1998):

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service

Specifications Section, Suite 8100

470 East L'Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

(End of provision)

5.02 AVAILABILITY OF OTHER REFERENCE DOCUMENTS: Other reference documents cited in this solicitation may be obtained from the organizations responsible for their preparation, maintenance, and publication. These are listed in the section, DEFINITIONS AND STANDARDS, of the technical specifications.

PART 6. FAR 52.233-2 SERVICE OF PROTEST (SEP 2006):

6.01

(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 Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

General Services Administration, NCR, ROB

Property Development Division (WPC)

Seventh and D Streets, SW Room 2021 Washington, DC 20407

(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)

PART 7. GSAM 552.233-70 PROTESTS FILED DIRECTLY WITH THE GENERAL SERVICES ADMINISTRATION (MAR 2000):

(a) The following definitions apply in this provision:

“Agency Protest Official for GSA” means the official in the Office of Acquisition Policy designated to review and decide procurement protests filed with GSA.

“Deciding official” means the person chosen by the protester to decide the agency protest. The deciding official may be either the Contracting Officer or the Agency Protest Official.

(b) The filing time frames in FAR 33.103(e) apply. An agency protest is filed when the protest complaint is received at the location the solicitation designates for serving protests. GSA’s hours of operation are 8:00 a.m. to 4:30 p.m. Protests delivered after 4:30 p.m. will be considered received and filed the following business day.

(c) A protest filed directly with the General Services Administration (GSA) must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protester chooses to have the Contracting Officer or the Agency Protest Official for GSA decide the protest. If the protest is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protester prefers to make an oral presentation, a written presentation, or an oral presentation confirmed in writing, of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, fax number, and telephone number of the protester.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protester is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest (see paragraph (b) of this provision).

(d) An interested party filing a protest with GSA has the choice of requesting either that the Contracting Officer or the Agency Protest Official for GSA decide the protest.

(e) The decision by the Agency Protest Official for GSA is an alternative to a decision by the Contracting Officer. The Agency Protest Official for GSA will not consider appeals from the Contracting Officer’s decision on an agency protest.

(f) The deciding official must conduct a scheduling conference with the protester within three (3) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(g) Oral conferences may take place either by telephone or in person. Other parties (e.g., representatives of the program office) may attend at the discretion of the deciding official.

(h) The following procedures apply to information submitted in support of or in response to an agency protest:

(1) The protester and the agency have only one opportunity to support or explain the substance of the protest (either orally, in writing, or orally confirmed in writing).

(2) GSA procedures do not provide for any discovery.

(3) The deciding official has discretion to request additional information from either the agency or the protester. However, the deciding official will normally decide protests on the basis of information provided by the protester and the agency.

(4) Except as provided in paragraph (5)(ii) below, the parties are encouraged, but not required, to exchange information submitted to the Agency Protest Official for GSA.

(5) If the agency makes a written response to the protest, the following filing requirements apply:

(i) The agency must file its response to the protest with the deciding official within five (5) days after the filing of the protest.

(ii) The agency must also provide the protester with a copy of the response on the same day it files the response with the deciding official. If the agency believes it needs to redact or withhold any information in the response from the protester, it must obtain the approval of the deciding official.

(i) The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(j) An interested party may represent itself or be represented by legal counsel. GSA will not reimburse the party for any legal fees related to the agency protest.

(k) GSA will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(l) The deciding official will make a best effort to issue a decision on the protest within twenty-eight (28) days after the filing date. The decision may be oral or written. If the decision is communicated orally to the protester, the deciding official will confirm in writing within three (3) days after the decision.

(m) GSA may dismiss or stay proceedings on an agency protest if a protest on the same or similar basis is filed with a protest forum outside of GSA.

(End of provision)

PART 8. RELEASE OF DRAWINGS AND SPECIFICATIONS

8.01

(a) The drawings and specifications pertaining to this contract are for the sole use of the contractor and/or to the extent necessary, subcontractors, in preparing a bid/offer on this solicitation and/or in performing this contract. Any other use is prohibited. In addition to the restrictions on disclosure contained in section 27 of the Office of Federal Procurement Policy Act, 41 U.S.C. Sec. 423, for national security reasons, the bidder/contractor shall not further disseminate the drawings and specifications for any purpose beyond that stated in this paragraph. By submission of the bid/offer, the bidder/Offeror warrants that no disclosure of the specifications and/or drawings for an unauthorized purpose has occurred.

(b). The contractor shall be responsible for developing procedures relative to handling, storage, reproduction, safeguarding, and disposition of the drawings and specifications. These procedures shall be designed to prevent unauthorized disclosure of the information throughout the course of contract performance.

PART 9. GSAM 552.232-73 Availability of Funds. (SEP 1999)

The authorization of performance of work under this contract during the initial contract period and any option or extension period(s) is contingent upon the appropriation of funds to procure this service. If the contract is awarded, extended, or option(s) exercised, the Government's obligation beyond the end of the fiscal year (September 30), in which the award or extension is made or option(s) exercised, is contingent upon the availability of funds from which payment for the contract services can be made. No legal liability on the part of the Government for payment of any money beyond the end of each fiscal year (September 30) shall arise unless or until funds are made available to the Contracting Officer for this procurement and written notice of such availability is given to the Contractor. (End of clause)

Section 00120 GSAM 00-18 FAC 05-22 Page 5