Solicitation.doc

The Solicitation

RECOVERY: GS11P10MKC0059

The SOLICITATION

RECOVERY: GS11P10MKC0059

SOLICITATION

FOR

PHASE 1B TUNNELS

ST. ELIZABETHS WEST CAMPUS CONSOLIDATION PROGRAM

Washington, DC

RFP GS11P10MKC0059

OFFER DUE DATE AND TIME:

August 19, 2010; 2:00 PM, EST

PLACE OF OFFER RECEIPT:

GSA, NCR, ROB

Bid Room – Room 1065

301 7th Street, SW

Washington, DC 20407

Phone: (202)708-5961

NOTICE TO OFFERORS SUBCONTRACTING PLAN REQUIREMENTS:

The General Services Administration (GSA) is committed to assuring that maximum practicable opportunity is provided to small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-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 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 $550,000 ($1,000,000 for construction) will be required to demonstrate that its subcontracting plan represents a creative and innovative program for involving small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business concerns as subcontractors in the performance of this contract.

This solicitation is not set-aside for small business. However, this procurement is being made under the Small Business Competitiveness Demonstration Program.

Construction Contract for Phase 1 Tunnels

GSA Solicitation No. GS-11P-10-MKC-0059 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, veteran-owned, and service-disabled veteran owned small business concerns to participate in the performance of this contract consistent with its efficient performance. GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $550,000 ($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, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

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

V.

Method of Award

Evaluation of Offers

Determination of Responsibility

Price Reasonableness

Unbalanced Prices

Total Evaluated Price

F.

Non-Price Factors

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 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.

Standard Form (SF) 1442 – Solicitation Offer and Award I.B.2.

The Solicitation

I.B.3.

The General Construction Agreement I.B.4.

Offeror Representations and Certifications Form I.B.5.

Other Forms Required For Submission with Proposals a.

Non Disclosure b.

Security Form c.

SF 24 Bid Bond d.

SF 25 & 25A Performance and Payment Bond (available after award) e.

Contractor’s Qualification and Financial Information (GSA 527) f.

Subcontracting Plan g.

List Key Personnel

I.C.

Authorized Representatives

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

I.C.1.

Point of Contact

Washington DC 20032

I.C.2.

Alternate Point of Contact

Washington DC 20032

I.D.

Pre-Proposal Conference I.D.1.

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

I.D.2.

Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

I.E.

Estimated Price Range

The estimated price range for the Project is between $30 Million and $50 Million 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 “The General Construction Agreement.” Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

I.G.2.

Site visits will be conducted after the Pre-solicitation meeting only.

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 2:00 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

II.A.2.

Technical Proposal

II.A.3.

Representations and Certifications

II.A.4.

Bid Guarantee, using Standard Form 24

II.A.5.

Subcontracting Plan Proposals shall be submitted in two (2) separately marked 3-ring binders (Volumes I & II), each labeled with firm’s information, solicitation number, and the contents as to either Volume I or Volume II on the outside covers of each binder as stated below. The required number of each proposal volume is also shown below.

Of the five (5) Technical Proposal binders submitted, one (1) of them shall be marked Original Technical Proposal with all original technical documents included, as required.

Of the five (5) Price Proposal binders submitted, one (1) of them shall be marked Original Price Proposal with all original cost documents and forms included, as required.

All materials submitted shall be typeface Times New Roman 12 point, double spaced on 8-1/2 x 11-inch white paper with one inch margins all around and printed on one side.

II.B.

Price Proposal

II.B.1.

Contents

The Price Proposal shall consist of the SF 1442 and The General Construction Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of The General Construction 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..

The Technical Proposal shall not contain more than seventy (70) numbered pages inclusive of table of contents, charts, exhibits, and any other materials.

II.C.1

Experience (25%)

This factor considers the extent of the offeror’s past experience in performing comparable work. Each Offeror shall provide sufficient documentation in order to:

(1) Demonstrate its past organizational experience as a General Construction (GC) Contractor responsible for the construction of at least two (2) but no more than five (5) projects that meet all of the following characteristics:

(a) The work involved the CONSTRUCTION OF CONCRETE TUNNELS. The work was in the area of an historic property. For purposes of this evaluation factor, “historic property” means any pre-historic or historic district, site, building, structure, or object included in or been determined eligible for inclusion in the National Register of Historic Places maintained by the Secretary of the Interior (36 CFR 800.16(l)). “National Register of Historic Places” means the National Register of districts, sites, buildings, structures and objects significant in American history, architecture, archeology, engineering and culture that the Secretary of the Interior is authorized to expand and maintain under the National Historic Preservation Act (36 CFR 60.1).

(b) Work was substantially completed within the past ten (10) years from the issuance of this RFP;

(c) Work included all of the following: civil/site work and structural concrete. The construction cost at award of the construction contract was more than $5 million.

(2) The Offeror shall submit Data and /Information for each Project (two minimum to five maximum) presented, in accordance with the following;

(a) Title

(b) Owner

(c) Occupant(s)/Tenant(s)

(d) Location

(e) Description

(f) GSF / OSF

(g) Special Features (Security System, Historical Considerations)

(h) Construction Type

(i) Contract Type

(j) Contractors Responsibilities (Scope of Work)

(k) Date of Award

(l) Date of Substantial Completion

(m) Date of Completion

(n) Construction Cost at Award

(o) Construction Cost at Completion

(p) Schedule Completion Time (days)

(q) Actual Completion Time (days)

(r) Number of Change Orders

(s) Classification (reason) of Change Orders

(t) Contractor’s key personnel assigned full time to the project

(3) In addition to each Offeror’s experience, the Government will evaluate the experience of proposed subcontractors. All offerors may identify up to two (2) subcontractors for each of the following trades: (a) Masonry/concrete; (b) Electrical. The offeror must demonstrate the subcontractor's experience by listing two (2) projects that contain some or all of the characteristics listed above. More favorable evaluations will result to the extent that the subcontractors have experience with adaptive reuse of historic property.

The Government will not evaluate an offeror’s experience on the basis of the personal experience of the offeror’s key personnel.

II.C.2.2

Past Performance (15%) 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) of the projects submitted under the Experience 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.

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.

II.C.2.3

Key Personnel (10%) This factor considers the qualifications of the key personnel proposed by the offeror to execute the contract requirements for the positions proposed. Offerors must submit resumes of the individuals proposed for the following positions: Contract Executive, Project Manager, General Superintendent and Quality Control Supervisor.

Considerations include:

(1) Educational background

(2) Experience on comparable projects in a position comparable to that for which they are being proposed.

(3) Certification or professional registration held by the individuals proposed for key personnel positions.

(4) Worked together as a team on comparable projects.

II.C.2.4

Management Plan & Schedule (20%)

This 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 365 calendar days (12 months) from the notice to proceed. The duration proposed by the offeror, if successful on this procurement, shall become the official time of performance for this contract.

Considerations include:

(1) Submission of a detailed logic diagram, arrow - on - arrow, 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 intends to manage their subcontractors. The offeror should also discuss their procedures to insure strict quality control relative to both workmanship and materials.

II.C.2.5

Small Disadvantaged Business Participation Plan (10%)

This factor addresses the evaluation of the extent of participation of small disadvantaged business (SDB) concerns in performance of the contract in the authorized NAICS Industry Subsector. Participation in performance of the contract includes joint ventures, teaming arrangements, and subcontracts. The following are not subfactors, but, rather, are elements that the Government will consider in evaluating the Offeror's proposal:

a.

The extent to which SDB concerns are specifically identified;

b.

The extent of commitment to use SDB concerns (for example, enforceable commitments are to be weighted more heavily than non-enforceable ones);

c.

The complexity and variety of the work SDB concerns are to perform;

d.

The realism of the proposal;

e.

Past performance of offerors in with subcontracting plan goals for SDB concerns and monetary targets for SDB participation; and f.

The extent of participation of SDB concerns in terms of the value of the total acquisition.

Offerors shall provide, with their offers, targets, expressed as dollars and percentages of total contract value, in each of the applicable, authorized NAICS Industry Subsectors. The targets may provide for participation by the prime contractor, joint venture partner, teaming arrangement member, or subcontractor. (See also the requirements under FAR 52.219-24.) Any targets will be incorporated into and become part of any resulting contract.

II.C.2.6

Labor/Trade Apprenticeship and Training Program (10%)

1. Government will evaluate the Labor/Trade Apprenticeship and Training Program 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.

2. Submittal Required by Offeror:

a.

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

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 apprenticeship labor.

f.

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

g.

Training Program. Submit a training plan that includes a complete list of specific courses, including safety 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 by craft, and (b) what steps are taken to ensure that safety training is conducted in an effective manner.

II.C.2.7

Project Labor Agreement (10%) 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.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 Certifications. The Offeror shall complete electronic annual representations and certifications at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database.

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 Information The Government will attempt to answer all requests for information 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 10 calendar days prior to the date set for receipt of offers. The cut off date for submitting request for information to Tiphenie Wise-Traynham via email (tiphenie.wise-traynham@gsa.gov) is August 9, 2010 by 12:00 p.m.

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 General Construction 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 General Construction 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. (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)

(Applicable to solicitations that cite specifications not listed in the Index and are not furnished with the solicitation)

(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)

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

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

[Note: Locality goals can be found at http://www.dol.gov/esa/ofccp/TAguides/ctaguide.htm in Appendix E of Construction Contractors Technical Assistance Guide.]

12 %.

6.9%

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

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

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is:

St. Elizabeths Campus, Anacostia, Washington, DC.

III.B.7.

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

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

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

III.B.8.

FAR 52.252-1. Solicitation Provisions Incorporated by Reference (FEB 98)

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 address:

http://www.acquisition.gov/comp/far/index.html

JUL 05

IV.

Buy American and Additional Solicitation Provisions

IV.A.

Buy American As per page 26 Section III.B.2(c) Buy American Requirements in the “GC Agreement”

IV.B.

Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Provision of this Solicitation, the following construction materials and components are excepted:

“None."

IV.C.

Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is required to be submitted with offers. See GSA’s Subcontracting Program Goals below:

GSA’s Subcontracting Program Goals

CATEGORY

PERCENTAGE

Small Business

37%

Total SDB

6%

Women Owned

5%

HUBZone

3%

Service Disabled Vet owned SB

3%

Veteran Owned SB

5%

IV.D.

American Recovery and Reinvestment Act of 2009

IV.D.1.

This Contract is funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (ARRA).

IV.D.2.

The extent of ARRA coverage is set forth in Paragraph I.F. of the Agreement.

V.

Method of Award

V.A.

Evaluation of Offers The Government will award a contract resulting from this Solicitation to the responsible Offeror whose offer conforming to the Solicitation will be the best value to the Government, Total Evaluated Price and other factors considered. In addition to Total Evaluated Price, the following non-price factors shall be used to evaluate offers (not listed in order of importance):

V.A.1.

Past Performance

V.A.2.

Experience V.A.3 Key Personnel

V.A.4 Management Plan

V.A.5 Small Disadvantaged Business Participation Plan

V.A.6 Labor/Trade Apprenticeship and Training Program V.A.7 Project Labor Agreement All evaluation factors, other than cost or price, when combined, are significantly more important than cost or price.

V.B.

Determination of Responsibility

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

V.C.

Price Reasonableness

All offers must include reasonable prices. The Contracting Officer may reject all offers containing prices determined to be unreasonably high or low.

V.D.

Unbalanced Prices

All offers must include balanced prices. If this Solicitation requires unit prices, option prices, or bid rates, the Contracting Officer may reject any proposal determined to be unbalanced with respect to such prices or rates. A proposal may be deemed unbalanced if the Base Contract Price, unit prices, option prices or bid rates vary so markedly from either the Government estimate or the range of such prices contained in competing offers as to materially reduce the effectiveness of the Total Evaluated Price formula in determining the…