Amend 01 Revised RFQ.docx

Issued under Amendment No. One (1) Construction Contract for the National Dwight D. Eisenhower Memorial GSA Solicitation No. GS-11P-12-MK-C-0005

C201 1/12

552.219-71 Notice to Offerors of Subcontracting Plan Requirements. (OCT 11)

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

NOTICE

GSA is promoting the use of registered apprenticeship programs on this project. An Apprenticeship Plan is required after the award.

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

II. Proposals

III. Solicitation Provisions

IV. Buy American and Additional Solicitation Provisions

V. Method of Award

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 intends to 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.B List of Solicitation Documents

The Solicitation Documents are comprised of:

· Attachment 1- Firm’s Performance Questionnaire

· Attachment 2- Individual’s Performance Questionnaire

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

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. The inability to attend the Pre-Proposal Conference does not eliminate interested parties from submitting their Technical Proposal. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

No oral statement made by the Government representatives during the pre-proposal conference and/or site visit, nor any written record of such oral statements as may be made and subsequently furnished to the offeror, will be deemed to have the effect of adding to, modifying, or otherwise varying from the written provisions of the Solicitation (including, but not limited to specifications, drawings and written amendments to the solicitation).

I.E Estimated Price Range

The estimated price range for the Project (Dwight D. Eisenhower Memorial) is between $65 and $75 million.

I.F FAR 52.228-1 Bid Guarantee (SEP 96)

(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 Site visit will be held at the following date and time:

For further information, please contact, or alternate as designated in I.C.2:

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, EDT, 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 Technical Proposal Contents (Volume II)

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

1. Technical Proposal – include information requested for the non-price factors described in Section II.C

2. Representations and Certifications (C301)

3. GSA Form 527 – Contractor’s Qualification and Financial Information

II.B Price Proposal (Volume I)

To be included in the Stage II Request for Proposals (RFP).

II.C Technical Proposal (Volume II)

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

II.C.1 Experience on Comparable Projects

a. Description:

This factor considers the extent of the offeror’s past experience in performing similarly complex work.

The offeror shall demonstrate the extent of the offeror's past experience as a general construction contractor firm for four (4) construction projects. The Government will evaluate offers to assess the experience of a firm on four (4) projects that meet all of the following required characteristics:

i. Construction of each project was substantially completed within the past ten (10) years from the due date of the RFQ. Substantial completion means that the work and all other things necessary for the owner’s / end user’s access to the premises and occupancy, possession, use and enjoyment thereof, as provided in the contract, have been completed or obtained, excepting only such minor matters as do not interfere with or materially diminish such access, occupancy, possession, use or enjoyment.

ii. The project was new construction which included excavation, foundations, and underground utility work.

iii. Construction contract award amount for each project was $45 million or greater.

In addition to possessing all three of the characteristics listed above, each of the submitted projects must be "similarly complex" (as that term is further defined herein) to the Eisenhower Memorial project.

The Government will consider a project to be "similarly complex" if it satisfies the characteristics listed below. Each project will be evaluated to ascertain whether it includes the following characteristics. Each project will be evaluated on a continuum basis, with projects having more of the listed characteristics receiving a higher score than projects having fewer of the characteristics.

a. The project site was in a congested city-center location with limitations on site access and deliveries, had restricted staging of materials, and required maintaining pedestrian and traffic flow around the site.

a.

b. The project included the installation of artwork and major decorative stonework (not including pavers), the combined cost of which must be at least $5M. Both interior and exterior artwork installations are acceptable, but greater consideration will be given to exterior artwork installations (i.e., installed outdoors).

The scope of the artwork and major decorative stonework must have been included within the General Contractor’s contract and not procured and installed under separate contract by others not under the General Contractor’s control. The General Contractor must have managed the artists’ efforts and the installation of the artwork. Examples of artwork and major decorative stonework include:

· Metal and carved stone statuary or sculptures commissioned specifically for the project;

· Stone panels or friezes, or architectural elements with carved inscriptions;

· Stone or metal bas-reliefs;

· Stone columns;

· Decorative metalwork;

· Porcelain enameled panels;

· Art glass;

· Mosiacs.

c. The project scope included components/finishes requiring coordination of multiple highly-skilled crafts and trades, such as stone masons, stone carvers, decorative ironworkers, artisans, or sculptors.

d. The project was constructed to meet or exceed a high standard of quality and reflects that goal. The level of quality and finishes will be determined based upon the offeror’s description of the project, discussions with references and others familiar with the project.

e. The project included extensive landscape and hardscape construction, such as a park, plaza, or public square, covering at least two (2) acres.

f. The project included the planting of mature specimen trees with a caliper size greater than ten inches (10”).

b. Submittal Required by Offeror:

The Offeror will be required to submit descriptions of four (4) projects that clearly demonstrate the type of experience described above. For each project, the offeror must describe the scope of the construction work and explain how the characteristics of the project relate to the characteristics of the Eisenhower Memorial 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 provided by the offeror for the project(s) identified.

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

i. Project title

ii. Owner

iii. Location

iv. Contract type / project delivery method

v. Contract number / Date of award

vi. Contractor’s responsibilities (specific scope of work for which offeror was responsible)

vii. Construction contract award amount

viii. Final construction contract amount

ix. Start and completion dates of construction (Month/Year)

x. Original schedule duration/Actual duration (calendar days)

xi. Explanation of the scope of the project and its relevance to the Eisenhower Memorial project and the required “similarly complex” characteristics described in paragraph II.C.a above.

xii. Names of artists and /or artisans who created the artwork that the offeror was responsible for installing.

II.C.2 Key Personnel

a. Description:

This factor considers the qualifications, commitment, and availability 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: Project Executive, Project Manager, Superintendent, QC/QA Manager, Underground Utility Coordinator, and Artist/Artwork Coordinator.

Considerations include:

(1) Educational background

(2) Experience on similarly complex 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.

The individuals proposed for the key positions shall have the requisite education, experience, and certifications to satisfactorily perform the functions required by the positions proposed. The more relevant experience, relevant higher education and certifications, the more qualified the individual will be perceived to be for the position proposed. Individuals having previous experience in the position for which they are proposed over the entire duration of prior projects will be more favorably evaluated. In addition, the Government will evaluate whether the key personnel have worked together on comparable projects. The proposed individuals must be available to staff the project upon award and the offerors must provide a written commitment to provide the proposed individuals.

b. Key Personnel Minimum Attributes:

(1) Project Executive

(a) Degree in a construction-related discipline

(b) Committed for the duration of the project

(c) Minimum of twenty (20) years experience, with at least eight (8) years of experience as a Project Executive, including experience on at least one “similarly complex” project, as defined in Section II.C.1.

(d) Sufficient level and availability of signature authority to meet all of the financial commitments of the construction contract, including the Base Contract and all Contract Options.

(2) Project Manager

(a) Degree in a construction-related discipline

(b) Committed for the duration of the project as a full time position

(c) Minimum of twelve (12) years experience, with at least six (6) years of experience as a Project Manager, including experience on at least one “similarly complex” project, as defined in Section II.C.1

(d) Experience as a Project Manager for projects located in Washington, DC is desirable, but not mandatory.

(e) Sufficient level and availability of signature authority to meet all of the financial commitments of the construction contract, including the Base Contract and all Contract Options.

(3) Superintendent

(a) Degree or certification in a construction-related discipline, or demonstrable equivalent experience.

(b) Committed for the duration of the project as a full time position

(c) Minimum of twelve (12) years experience as a Superintendent, including experience on at least one “similarly complex” project, as defined in Section II.C.1.

(d) Experience as a Superintendent for projects located in Washington, DC is mandatory.

(4) QC/QA Representative

(a) Degree in a construction-related discipline

(b) Committed to the duration of the project as a full time position

(c) Minimum of twenty (20) years experience, with at least five (5) years of experience as a QC/QA Representative, including experience on at least one “similarly complex” project, as defined in Section II.C.1.

(d) PE or RA registration in any jurisdiction is desirable, but not mandatory

(5) Underground Utility Coordinator (not required for entire duration of construction)

(a) Degree in Civil, Mechanical or Electrical Engineering

(b) Minimum of ten (10) years experience with at least three (3) years as an Underground Utility Coordinator, and including experience on at least one “similarly complex” project, as defined in Section II.C.1.

(c) Experience as an underground utility coordinator for projects located in Washington, DC.

(d) PE registration in any jurisdiction is desirable, but not mandatory

(6) Artist/Artwork Coordinator

(a) Demonstrable experience as an artist, architect, industrial engineer, museum specialist, curator, or similar occupation.

(b) Minimum of five (5) years experience as an artwork coordinator or curator.

(c) Must be able to demonstrate successful experience in coordinating permanent artwork installation in the built environment.

(d) Must be able to demonstrate successful experience managing the work of artists and artisans creating artwork.

c. Changes in Key Personnel:

In the event that any above named personnel named in the technical proposal are unable to perform their duties due to death, illness, resignation from the Contractor’s employ, the CO’s request for removal, or similar reasons, the Contractor shall promptly submit to the CO, in writing, the name and qualifications of a proposed replacement with equal or superior qualifications as the individual identified in the offerer’s proposal as accepted by the Government. No substitutions shall be made without prior approval of the CO. Any approved substitution shall be made at no increase in contract price.

d. Qualifications and Experience:

Any substitute must possess equal or better qualifications, experience, and record of past performance than the original personnel. In addition, the Contracting Offer has the right to require the Contractor to remove and replace any personnel for a cause such as, but not limited to, carelessness or incompetence in executing their duties and responsibilities of this contract.

e. Failure to Provide Qualified Personnel:

Repeated failure or excessive delay by the Contractor to provide qualified personnel that meet project requirements and are acceptable to the Government may be deemed sufficient reason by the CO to terminate work as provided in the Termination for Default clause of this contract.

f. Submittal Required by Offeror:

In addition to the “INDIVIDUAL’S PERFORMANCE QUESTIONNAIRE” references, resumes are required for each key person. Each resume must include:

i. First name, middle initial, last name.

ii. Name and address of current employer.

iii. Position title and a description of duties/responsibilities proposed for the project

iv. Professional qualifications, registrations, certifications, etc.

v. Education.

vi. Extent of availability to the project.

vii. Reason the person will be available for the project on the proposed start date (e.g., will have completed current assignment, transfer from another project, new hire, etc.)

viii. Proposed level of effort on the project and commitment to the project.

ix. Positions held on projects completed within the past ten (10) years from the due date of this RFQ, including the start/end dates of the key person’s involvement as a project team member on each project and the start/end dates of the construction contract for each project, actual duties performed in each position, the reason for leaving in each case, characteristics of the projects to assess similarity to this project, and relevance of experience to this project.

II.C.3 Management Approach

a. Description:

This factor considers the Offeror's ability to manage the construction process.

b. Submittal Required by Offeror:

1. For Stage I, provide a Project Management Approach that demonstrates that construction services are routinely performed by the offeror, and the offeror’s firm is primarily in the business of providing construction services. The submittal shall explain the general operating methods that will enable the offeror to maintain control of the project schedule, quality, safety, and project costs. The approach shall separately address each of the topics listed below (1.i. – 1.vii):

i. Project controls. Examples of project controls include:

a. Schedule Control, including how it will be used as a management tool for keeping the construction progress and project delivery on time, and the process for submitting a baseline schedule and updates

b. Safety Management/Control

c. Quality Control/Assurance, including work by subcontractors and self-performed work

d. Budget/Cost Control as a management tool for containing costs and maintaining budget

e. Management of Defect and Omission (D&O) process and procedures for clearing punchlist

f. LEED Credits Control and Documentation

ii. Communications. Examples include:

a. Communication with Government (owner)

b. Progress meetings

c. Partnering

iii. Commissioning

iv. Mockups. Examples include:

a. Use of mockups as standards of construction quality exemplars

b. Types of elements to be mocked up

v. Submittals process management. Examples include:

a. Electronic Project Management (e-PM) utilization

b. Shop drawings

c. Samples

d. Records/Logs

vi. Request for Information (RFI) Management. Examples include:

a. Electronic Project Management (e-PM) utilization

b. Process

c. Tracking

d. Records/Logs

vii. Change Order / Contract Modification Management. Examples include:

a. Electronic Project Management (e-PM) utilization

b. Process

c. Tracking

d. Records/Logs

2. For Stage I, the Offeror shall provide an organization plan indicating functional relationships and lines of communication between the project stakeholders. The Organization Plan shall take the form of an organizational chart and narrative description of the roles and responsibilities of the Government (Owner), General Contractor, General Contractor’s subcontractors (subcontractors need not be identified), Owner’s Construction Manager (CM), and Owner’s A/E.

The offeror shall submit a plan that demonstrates a clear understanding of the complexity of the project. The offeror must adequately address each of the topics in Item No. 1 and provide an organization plan under Item No. 2 that promotes appropriate communication between project parties and makes clear how the offeror will organize the project and control the work of subcontractors.

II.C.4 Past Performance of Firm

a. Description:

This factor considers the offeror’s past performance as a firm in providing general construction services on the three (3) “similarly complex” projects identified by the offeror under Factor II.C.1, Experience on Comparable Projects. If the offeror is a Joint Venture, it is required that adequate information be given for each participating firm as well as the Joint Venture itself. The Government also reserves the right to use other government data available in its assessment of the offeror's past performance. In accordance with FAR 15.306, the offeror will be given the opportunity to respond to adverse past performance information.

The offeror shall address the quality of the offeror’s past performance in carrying out the work of a similarly complex nature with reference to such aspects as quality of services rendered; ability to control exigencies; effective and efficient administration of changes, budget control, timeliness, management and coordination of subcontractors; and technical success are part of the consideration. The effectiveness of the offeror’s management of the administrative aspects of performance, willingness to cooperate with or assist with routine matters, and unexpected difficulties will also be evaluated

b. Submittal Required by Offeror:

Each reference must provide information by completing the form titled “FIRM’S PERFORMANCE QUESTIONNAIRE” and then return it directly to GSA by the due date of this RFQ. The offeror is responsible for making sure this information is transmitted to GSA in a timely manner.

The Government will evaluate whether past performance on comparable projects was satisfactory or better and the majority of references indicate that they would contract with the Offeror again. In order to be considered satisfactory, the contractor must have completed its work in accordance with contract requirements.

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 complete electronic Annual Representations and Certifications 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 the attached Offeror’s Representations and Certifications (C301).

II.D.2 Qualifications of Offerors [Note: delete if not used]

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 does 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

The General Services Administration (GSA), Public Buildings Service (PBS) will begin using Contractor Performance Assessment Reporting System (CPARS) modules as the secure, confidential, information management tool to facilitate the performance evaluation process. The system enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The following are the modules of the system:

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

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

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

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

Each award requiring an evaluation will be registered in CPARS by the Government. Within 30 days of award, the contractor will receive an email that contains user account information, as well as the applicable contract number(s) and evaluation module assigned. The contractor will have one user account set up that will allow access to all three modules.

Contractors are encouraged to visit http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm to sign up for free on-line Contractor Overview training when these sessions are offered. The training session is (2) hours and is specifically for contractor users who will provide Past Performance Evaluation comments on PBS evaluations.

After the contracting officer prepares and releases a contract evaluation, the contractor will receive an email alerting them the evaluation is ready for their review and comment. The contractor will have 30 days to respond to the evaluation. GSA shall provide for review at a level above the contracting officer (e.g., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

NOTE: Unless the contractor provides a different point of contact (POC) to the contracting officer after award, the Past Performance Point of Contact (POC) listed on the contractor’s Central Contractor Registration (CCR) profile will be used as the default Past Performance POC. This is the individual who will receive CPARS email alerts. In accordance with FAR Clause 52.204-7 the contractor is responsible for the accuracy and completeness of the data within the CCR database.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used by Federal Agencies to support future award decisions.

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. (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 52.216-1 Type of Contract (APR 84)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

III.B.3 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.4 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/ofccp/TAguides/ctaguide.htm in Appendix E of Construction Contractors Technical Assistance Guide.]

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

28%.

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.