RFP Section C201 - The Solicitation.doc

GSA Solicitation No. GS-11P-10-MKC-0025

The Solicitation

Construction Contract for:

1800 F Street Modernization, Washington, DC

GSA Solicitation No. GS-11P-10-MKC-0025 The Solicitation

C201 03/10-v2 552.219-71 Notice to Offerors of Subcontracting Plan Requirements. (JUN 05)

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, 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 $500,000 ($1,000,000 for construction), must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

NOTICE

Because of increased security standards, commercial package carriers may experience delays in making deliveries to the address designated for receipt of offers. United States Mail delivered to Government offices in the Washington, DC area is subject to irradiation, significantly delaying deliveries and potentially damaging or defacing mail contents. Offerors should take these facts into consideration when determining how and when to transmit offers to the office designated for receipt.

Table of Contents

I.

General Information

A.

The Solicitation and the Contract

B.

List of Solicitation Documents

C.

Authorized Representatives

D.

Pre-Proposal Conference

E.

Estimated Price Range

F.

FAR 52.228-1 Bid Guarantee

G.

FAR 52.236-27 Site Visit - Construction

H.

Receipt of Offers

II.

Proposals

Contents of Proposal

Price Proposal

Technical Proposal

Other Information to be Submitted with Proposal

Requirements for Joint Venture Offerors

III.

Solicitation Provisions

General Provisions

FAR/GSAR Solicitation Provisions

IV.

Buy American and Additional Solicitation Provisions

A.

Buy American Act

B.

Buy American Exceptions

C.

Small Business Subcontracting Plan

D.

American Recovery and Reinvestment Act of 2009

E.

Additional Provisions

V.

Method of Award

Evaluation of Offers

Determination of Responsibility

Price Realism

Price Reasonableness

Unbalanced Prices

F.

Total Evaluated Price

G.

Non-Price Factors

H.

Evaluation of Joint Venture Offerors

I.

General Information

I.A.

The Solicitation and Contract

I.A.1.

This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

I.A.2.

The Solicitation shall not be part of the Contract. An Offeror’s proposal shall not be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

I.A.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.A.4.

Offerors may, but are not required to, submit a proposal (or an alternate proposal) subject to the Project Labor Agreement (PLA) requirements set forth in II.C.6 of this solicitation. Any proposal submitted shall clearly identify whether it is subject to such PLA requirements.

I.B.

List of Solicitation Documents

The Solicitation Documents are comprised of:

I.B.1.

The Solicitation

I.B.2.

Offeror Representations and Certifications Form (C301)

I.B.3.

Other Forms Required For Submission with Proposals

I.B.4.

Standard Form (SF) 1442 – Solicitation Offer and Award

I.B.5.

The Agreement and all Attachments to the Agreement

I.C.

Authorized Representatives

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

I.C.1.

Contracting Officer

I.C.2.

Alternate Point of Contact, Contract Specialist

I.D.

Pre-Proposal Conference I.D.1.

A pre-proposal conference regarding this Solicitation is scheduled as follows:

I.E.

Estimated Price Range

The estimated price range for the Project is between $200,000,000 and $250,000,000. This amount includes an allowance for each phase for tenant fit out work that is yet to be determined.

I.F.

FAR 52.228-1. Bid Guarantee (SEP 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.G.

FAR 52.236-27. Site Visit - Construction (FEB 95)

I.G.1.

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

I.G.2.

A site visit will be conducted at the time of the pre-proposal conference. See section I.D. for details.

I.H.

Receipt of Offers

1.

In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 3:00 pm on the following date and at the following address:

2.

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

3.

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

II.

Proposals

II.A.

Proposal Contents

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

II.A.1.

Price Proposal (Original + 6 Copies)

II.A.2.

Technical Proposal (Original + 6 Copies)

II.A.3.

Representations and Certifications (C301)

II.A.4.

Bid Guarantee, using Standard Form 24

II.A.5.

GSA Form 527 – Contractor’s Qualification and Financial Information

II.A.6.

Subcontracting Plan, if required

II.A.7.

Other Documents as Required

II.B.

Price Proposal:

II.B.1.

Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

II.B.2.

Qualifications, Exclusions and Conditions

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Contract Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

II.B.3.

Prompt Payment Discount

Indicate in Block 13 of the SF 1442 any offered prompt payment discount. Offerors are cautioned against indicating terms requiring payment of proposed prices sooner than the time required in the Contract, as such terms shall be deemed exceptions to the requirements of the Contract.

II.B.4.

Additional Price Proposal Requirements Offerors may submit a proposal subject to the PLA requirements set forth in the Agreement section of this solicitation (a PLA proposal), a proposal not subject to the PLA requirements set forth in Agreement section of this solicitation, or both. Any proposal submitted shall clearly identify whether it is subject to such PLA requirements.

II.C.

Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors described in Section V.F.

Do not exceed the above number of copies. The proposal may not be broken down into separate booklets. Please label each package with the name and business address of firm, solicitation number, and the contents. All material submitted shall be set in typeface Times New Roman 12 point, on 81/2” x 11” white paper with one inch margins all around, and printed double faced in one-and-half (1 1/2) line spacing, except for resumes which may be printed double faced in single (1) line spacing. Include technical information in tabbed sections and in the exact order shown; each section tab must protrude beyond the standard page width for ready indexing. The Technical Proposal shall contain no more than ninety (90) numbered pages total, inclusive of charts, graphs, exhibits, and any other materials the Offeror deems necessary for each of the evaluation factors listed herein that the Offeror is addressing. Cover page(s), table of contents, section tabs and cover letter do not count against the page limit.

II.C.1.

Experience on Comparable Projects This factor considers the extent of the Offeror’s past experience performing the general construction for two to five projects. The Government will consider only projects that meet the following: (1) were substantially complete within eight (8) years from the date of the RFP’s issuance; (2) the base construction contract (excluding options) at award exceeded $100 million and/or exceeded 400,000 GSF at award; and, (3) are “similarly complex” (as that term is defined herein) to this GSA Federal Building project.

The Government will consider a project to be “similarly complex” if it satisfies at least four of the following characteristics:

a.

Construction was for an office building including civil/site, structural, electrical, mechanical, plumbing, and fire protection.

b.

Construction involved demolition of a significant structure situated at a downtown site that entailed demolition in close proximity to occupied buildings.

c.

Building was being submitted for LEED accreditation.

d.

Project involved both base building and tenant fit out phases.

e.

Project involved new construction of concrete reinforced structure over 5 stories high.

f.

Project involved historic restoration or preservation requirements.

A project that possesses all of the above characteristics will be considered more similarly complex to the GSA Federal Building project. A project that possesses more of the above characteristics will receive a more favorable evaluation. Additionally, more projects that possess more of the above characteristics will receive a more favorable evaluation. Submitting more than five (5) projects will not result in a more favorable evaluation.

Submittal Required by Offeror:

Submit at least two (2) but no more than five (5) projects that demonstrate experience described above. Do not submit more than five (5) projects. The Offeror must describe the scope of the construction project and explain how the characteristics of the project relate to the characteristics of the GSA Federal Building project. This factor will be evaluated based upon the written response to the RFP by the offeror. However, the Government may verify with references the information for the project identified.

For each project offered under this evaluation factor, the offeror must include the information below:

(1) Project Title

(2) Owner/Occupants (tenants)

(3) Contract Date

(4) Award Amount

(5) Final Construction Amount

(6) Start & Completion Date

(7) Location

(8) GSF

(9) Special Features (security systems, historical considerations)

(10) Construction & Contract Type

(11) Explanation of the scope of each project and how the characteristics of the project relate to the characteristics of the GSA Federal Building project.

References from the project (at least two), including, company, email, phone number and address. (Offeror is responsible for the accuracy of this information.)

Offerors may rely on the experience of first-tier subcontractors or joint venture partners to satisfy the experience factor. However, that being stated, Offerors are cautioned that a failure to show a past working relationship between the prime contractor and the first-tier subcontractor or between the joint venture partners may result in a slightly lower score for this evaluation factor than an Offeror that is able to satisfy the experience factor on its own.

II.C.2.

Past Performance of Offeror This factor considers the past performance of the Offeror. The Offeror shall submit references (a person or persons who may be contacted regarding the quality of the Offeror’s past performance) for at least two (2) comparable projects submitted under the Experience on Comparable Projects evaluation factor. The Offeror must provide a GC Reference Form for each reference. The name, title, company name, current address, current phone number, and current fax number for each reference must appear on the form. For the comparable projects referenced, the Offeror is to provide a description of the small business subcontracting goals and its record of utilizing small, small-disadvantaged, veteran-owned small, service-disabled veteran-owned small, woman-owned small businesses, and HUB zone businesses for those projects.

This factor will be evaluated based upon the written responses to the RFP by the Offeror and by the evaluation of responses of references recommended by the Offeror. The Government also reserves the right to use other government data available in its assessment of the offeror. The quality of the reference information supplied will be considered. In accordance with FAR 15.306, the Offeror will be given the opportunity to respond to adverse past performance information.

This factor considers the extent of the Offeror’s past performance with reference to such aspects as costs, timeliness, and technical success. The Offeror must demonstrate that it has a track record of satisfactory performance as a contractor responsible for the construction of at least two (2) comparable projects.

The Offeror shall submit the following information on at least two (2), but no more than five (5), of the projects submitted under the Experience on Comparable Projects evaluation factor:

(a) Project title, location, and reference who may be contacted regarding the quality of performance.

(b) Indicate the name, title, company name, current company address, and phone number of each reference.

(c) Offerors are responsible for making sure reference information is accurate.

It is the responsibility of the respective Offerors to arrange for submission to the Contract Specialist the completed Past Performance Questionnaires. (See pages 25 -28 of this document) As part of the evaluation process, GSA reserves the right to contact the designated point of contact or other personnel relative to the designated projects. GSA may also elect to obtain additional information relative to the Offerors’ past performance (including, but not limited to, the past performance of team members, predecessor organizations, subcontractors, and key personnel) for the referenced projects and/or for projects in addition to those identified in the Proposal. Offerors are reminded that the completed Past Performance Questionnaires are confidential and considered to be Source Selection sensitive information (until determined otherwise) and the Offerors should not request the selected points of contact or other persons with access to the said Past Performance Questionnaires to release copies to them. Past performance will be evaluated pursuant to the approach set forth in this section. The Government will consider: (a) relevance of past performance; (b) quality of past performance; (c) demonstrated commitment of key personnel; and, (d) performance problems, if any.

II.C.3

Management Approach Offerors shall submit a written narrative discussing each of the following sub-factors.

a. Schedule (30 points) This sub-factor considers the plan being proposed by the offeror to execute the work contained in the contract drawings and specifications. Offerors must submit proposed total contract duration in calendar days, which shall not exceed the periods specified in the Agreement.

Considerations include:

(1) Submission of a detailed logic diagram, arrow - on - arrow, (minimum 200 activities) illustrating the proposed sequencing of work and clearly defining the critical path. Submittals, including shop drawings and samples and long lead time items, should be indicated as separate activities.

(2) Submission of a tabular schedule printout indicating, at a minimum, activity, activity duration and total float.

(3) Submission of a narrative management plan describing how the Offeror intends to execute the work in the field. Particular attention should be placed on the sequencing of work and on how the Offeror will manage site logistics.

b. Sustainability (30 points) This project is currently designed to achieve a LEED Gold Certification. As an agency that is advancing the state of the green building industry, GSA is interested in achieving the highest LEED certification possible within the budget constraints of the project. Accordingly, Offerors are requested to provide the following:

(1) A discussion on how the Offeror will achieve a LEED Gold Certification;

(2) A discussion of any additional LEED points that the Offeror believes could be achieved and the approximate cost of such additional tasks.

c. Coordination (30 points) The Offeror shall propose a methodology for managing its subcontractors in order to insure a smooth working relationship with the occupants of the building. Offerors shall indicate whether it has used this methodology on other projects and, if so, how this methodology benefitted the project.

d. Safety (30 points) The Offeror shall submit the recordable incident rates for the projects submitted under the Experience on Comparable Projects evaluation factor. The Offeror shall discuss its plan for achieving a lower recordable incident rate than that on its prior projects. The Government will compare the Offeror’s recordable incident rates against national averages. Offerors with recordable incident rates that are higher than the national average will receive a lower score for this sub-factor.

e. Risk (30 points) Offerors shall discuss the least three (3) main risks that they see on this project. For each risk, Offerors shall set forth a plan for mitigating the risk.

II.C.4

Labor/Trade Apprenticeship Plan The Government will evaluate the means by which the Offeror shall promote the growth of skilled craft labor, specifically the contractor's use of a registered apprenticeship program. (As used herein, the term "registered apprenticeship program" is a program that is registered with the United States Department of Labor or State Apprenticeship Council under 29 CFR Part 29.)

The plan identifies the percentages of trade work anticipated for performance by organizations with a registered apprenticeship program, and identifies the planned dollars to be invested in this program (to include informal and formal classroom training). However, failure to use such a program shall not necessarily preclude award.

The proposal shall include the project specific approach for the 1800 F Modernization project.

Submittal Required by Offeror:

Provide a Labor/Trade Apprenticeship Plan, detailing the following:

a. Trades to be subcontracted and those to be self-performed. Indicate if trade is to be performed using an approved registered apprenticeship program.

b. Percentage of trades (subcontractors) to be awarded to entities using registered apprenticeship programs (If the general contractor is self-performing trades, identify this information as it applies to such trades).

c. Target number of apprentices to be employed under this contract. Include plan regarding recruitment and training strategies.

d. New apprenticeship programs to be initiated as a result of this contract.

e. Describe the means used to recruit and employ registered apprentice labor.

f. Dollars planned to be invested in this program (to include informal and formal classroom training).

g. Safety Training Program. Submit a safety training plan that includes a complete list of specific training courses and requirements to be utilized by the contractor and major trade contractors or subcontractors. Identify the number of hours and the method used to provide apprenticeship training (on-the-job training, classroom training, etc.). Provide for each contractor or subcontractor, the following information regarding any safety training provided for supervision and craft labor employees: (a) how much time approximately does each company devote to safety training?; and (b) what steps are taken to ensure that safety training is conducted in an effective manner?

II.C.5

Key Personnel Experience and Qualifications As discussed in other sections, the project encompasses both base building and interior build-out work. Accordingly, each Offeror must submit Key Personnel with experience in both base building and tenant build outs. In order to meet this requirement, the Offeror may submit one person for each Key Personnel position or multiple people. For example, if the Offeror’s proposed Project Manager has both base building experience and interior build-out experience, then only one name could be submitted. But, if the proposed Project Manager only has base building experience, then the Offeror may submit a different Project Manager for the interior build-out phase of the project.

At a minimum, the Government considers the following to be key personnel: General Superintendent; Project Manager; MEP Coordinator; Quality Control Manager; and the Project Executive. These key persons must be identified by names and titles with proposed specific duties and responsibilities clearly assigned in the proposal. All key personnel must possess sufficient professional credentials and education for the positions to which they will be assigned.

The following elements will be considered:

a. Experience on at least one (1) similarly complex project;

b. Key personnel for the base building must have at least ten (10) years of experience on base building work;

c. Key personnel for the tenant fit out must have at least five (5) years of relevant experience on tenant fit out work;

d. The extent to which each of the key personnel identified possesses the education relevant to his/her role on this project;

e. The extent of availability and corporate commitment of the key personnel is clearly demonstrated and adequate for contract performance;

f. The extent to which key personnel have worked together; and

g. The extent he/she provides any unusual or unique capabilities.

Submittal Required by Offeror:

For the key personnel who will be assigned to the proposed contract, provide a resume for each person providing the following information (blanket statements or descriptions are unacceptable):

(1) First name, middle initial, last name.

(2) Name and address of current employer.

(3) Position title for proposed contract.

(4) Description of duties and responsibilities projected for the proposed contract.

(5) Professional qualifications, registrations, etc.

(6) College or high school level and vocational education.

(7) Positions held for projects completed within the last ten (10) years from the date of issuance of the RFP, the start and end dates for each, actual duties performed in each position, the reason for leaving in each case, and a description of how this experience relates to the proposed position on this project.

NOTE: FOR PURPOSES OF PRIVACY, PERSONNEL HOME ADDRESSES AND TELEPHONE NUMBERS SHOULD NOT BE INCLUDED IN RESUMES.

II.C.6

Project Labor Agreement (PLA) A proposal submitted subject to the PLA requirements set forth in the Agreement section of this solicitation will receive full credit under this evaluation factor. A proposal submitted not subject to such PLA requirements will receive no credit under this evaluation factor.

II.C.7

Subcontracting Plan The Subcontracting Plan is to incorporate the Offeror’s plan for meeting small business goals for the project as well as how the Offeror will provide suitable subcontractors for key aspects of the project.

An Offeror that is not a small business must submit an acceptable subcontracting plan. A small business-corporate entity whose receipts do not exceed $31.5 million average annual gross revenues for the last three years (and for a joint venture, the revenues of the joint venture participants may not exceed this threshold when combined) need not submit a subcontracting plan; rather, the Offeror will be considered to have met and exceeded the standard of evaluation for this evaluation factor.

The proposal shall include the project specific approach for the 1800 F Modernization project.

Standard for Evaluation: This factor is met when:

1.) The Offeror's subcontracting plan provides for participation by Small Businesses, Small Disadvantaged Businesses, HUBzone Small Business, Veteran-Owned Small Businesses, Service Disabled Veteran-Owned Small Businesses, Women-Owned Small Business firms in the percentages specified in the RFP. The plan must include all the information, goals, and assurances required by FAR 52.219-9 and GSAM clause 552.219-73; and it should demonstrate an understanding of the small business subcontracting program’s objectives, GSA’s expectations regarding the program, and a formal plan for subcontracting with other responsible firms. If selected for award, the Offeror's subcontracting plan should be ready for approval actions without the need to obtain additional information.

In addition to the narrative and all information required by GSAM clause 552.219-73, Offerors should address, but are not limited to, the following:

Overall Target Participation (OTP)

a) Overall Target Participation (OTP) goals are a summation of all awards to Small Businesses, Small Disadvantaged Businesses, Hub Zone Small, Veteran-Owned Small Business, Service Disabled Veteran-Owned Small Business, and Women Owned Small Business concerns at all tiers of the project.

b) The Government will allow the Offeror’s Subcontracting Plan to include OTP for first, second, third, and lower tier subcontracting.

c) There shall be NO double counting of dollar amounts.

d) The denominator used to arrive at the percentage goals for Small Businesses, Small Disadvantaged Businesses, Hub Zone Small, Veteran-Owned Small Business, Service Disabled Veteran-Owned Small Business, and Women Owned Small Business must be the total amount subcontracted, and not expressed in a percentage of the total contract amount.

2.) The Offeror’s subcontracting plan provides the names of subcontractors they intend to utilize on this project. The following trades are to have subcontractor information provided:

i. HVAC

ii. Plumbing

iii. Electrical

iv. Finish Carpentry/Drywall

v. Roofing/Waterproofing

vi. Concrete

vii. Wood Restoration

viii. Stone Restoration

ix. Curtainwall

Each firm listed must provide the following information:

a) Name and address of firm

b) Trade

c) Description of services provided by the subcontractor

d) List of reference projects with points of contact

e) List of projects between the Offeror and firm in the last 5 years

II.D.

Other Information to be Submitted with Proposal

II.D.1.

Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal a completed set of Representations and at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database. Offerors shall also submit with their proposal the Annual Representations and Certifications (FAR 52.204-8) using file C301 (see Attachment 3) of this Solicitation.

II.D.2.

Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

II.E.

Requirements for Joint Venture Offerors

II.E.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.

II.E.2.

An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer.

II.E.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.

II.E.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.

General Provisions

III.A.1.

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.A.2.

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. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.A.3.

Notice to Small Business Firms

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

III.A.4.

Information Concerning the Disclosure of Solicitation Results

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

III.A.5.

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.

III.A.6.

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.A.7.

Vendor Past Performance System

During contract performance, GSA may use the Vendor Past Performance system (VPP) in evaluating Past Performance. VPP is a system that collects, maintains, and disseminates contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15, to be sent to the Government’s Past Performance Information Retrieval System (PPIRS). The contractor will be required to use VPP when responding to Performance Evaluations.

III.A.8.

Safeguarding Documents Designated as Sensitive But Unclassified

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

III.B.

FAR/GSAR Solicitation Provisions

III.B.1.

FAR 52.215-1 Instructions to Offerors—Competitive Acquisition. (JAN 04)

(a) Definitions. As used in this provision—

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show—

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without 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. See (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 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.

III.B.2.

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 98)

(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.

III.B.3.

FAR 52.211-3. Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988)

(a) The specifications cited in this solicitation may be obtained from: GSA Specifications Unit at (202) 755-0325. MIL Specifications may be obtained by calling (215) 697-2179.

(b) The request should identify the solicitation number and the specification required by date, title, and number as cited in the solicitation.

III.B.4.

FAR 52.216-1. Type of Contract. (APR 84) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

III.B.5.

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.

III.B.6.

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

(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:

[Note: Locality goals…