Yates Exterior Restoration Project - GC RFP Final.pdf

GSA Solicitation No. GS-11P-15-MK-C-0032

Document: C201 / Dec 2014

(The Solicitation) Pages 1 of 28

Construction Contract for Yates Exterior Restoration Project The Solicitation

552.219-71 Notice to Offerors of Subcontracting Plan Requirements (MAR 2012)

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 of Apprenticeship Programs

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

Notice of Equal Employment Opportunity (EEO) Compliance Plan

GSA has partnered with the Department of Labor to ensure compliance with equal employment opportunity requirements that apply to this project. An EEO Compliance Plan is required after the award.

Notice of Commercial Package Carriers

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

Table of Contents

I. General Information A. The Solicitation and 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 A. Proposal Contents B. Proposal Format

(The Solicitation) Pages 2 of 28

C. Price Proposal D. Technical Proposal E. Other Information to Submit with Proposal F. Requirements for Joint Venture Offerors

III. General Provisions A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Contractor Performance Information H. Safeguarding Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions A. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the

Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American G. Buy American Exceptions H. Small Business Subcontracting Plan I. Project Labor Agreements J. GSAR 552.252-5 Authorized Deviations in Provisions K. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

V. Additional Solicitation Provisions and Instructions

VI. Method of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness D. Unbalanced Prices E. Total Evaluated Price F. Non-Price Factors G. Evaluation of Joint Venture Offerors

(The Solicitation) Pages 3 of 28

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the Solicitation Documents. 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.

(2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

(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:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Other Forms Required For Submission with Proposals

(4) Standard Form (SF) 1442 – Solicitation Offer and Award

(5) The Agreement and Attachments to the Agreement

I.C. Authorized Representatives

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

(1) Contracting Officer

Name: Bonnie Echoles Address: 2701 MARTIN LUTHER KING, JR.AVE, SE

WASHINGTON DC 20032-2608

Telephone: 202-561-7821

Email: Bonnie.echoles@gsa.gov

(2) Alternate Point of Contact

Name: Patricia Sylvester Address: 301 7th St. SW, Room 2002

Washington, DC 20407 Telephone: 202-260-6889

Email: Patricia.sylvester@gsa.gov

I.D. Pre-Proposal Conference

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

Date:

TBD

Time:

Location:

mailto:Patricia.sylvester@gsa.gov

(The Solicitation) Pages 4 of 28

(1) 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 $20,000,000 and $26,000,000.

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)

(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.

(2) Site visits will be held at the following date and time:

Date: [ August 10, 2015] Time: [ 10:00 AM EST ]

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team.

Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

(The Solicitation) Pages 5 of 28 where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below.

For further information about the site visit or access requirements, please contact:

Name: [ Patricia Sylvester ] Address: [ 301 7th St. SW, Room 2021 ]

Telephone: [ 202-260-6889 ] Email: [ patricia.sylvester@gsa.gov]

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 noon local time on the following date and at the following address:

Date: September 2, 2015 Address: GSA Regional Office Building

301 7th St. SW, Room 2021 Washington, DC 20407

(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:

A. Price Proposal

B. Technical Proposal

C. Representations and Certifications

D. Bid Guarantee, using Standard Form 24

(1) Subcontracting Plan

(2) GSA Form 527 – Contractor’s Qualification and Financial Information

(3) Other Documents as Required

II.B. Proposal Format

(1) Proprietary Data

All pages of both the technical and price proposals must be reviewed for and marked as proprietary data content, by the Offeror, in strict compliance with FAR 52.215-1 and FAR 3.104-4; a single blanket statement at the front of the proposal is not adequate. Failure to mark every page will subject your technical proposal to public release through Freedom of Information Act requests.

(The Solicitation) Pages 6 of 28

(2) Proposal Arrangement

Each proposal shall consist of two physically separate volumes that have been individually titled and numbered on the exterior of the top covers as stated below.

The required number of each proposal volume is also shown below:

VOLUME VOLUME TITLE COPIES

I Offer, Pricing and related documents Original + 5 II Technical Proposal Original + 5

Do not exceed the above number of volumes. These volumes may not be broken down into separate booklets.

Label all packages with the name and business address of the firm(s), solicitation number, and the contents.

All materials submitted shall use:

o 12 point, Times New Roman font;

o Single-spaced on 8 ½” x 11” white paper (unless an exception is explicitly stated);

o One inch margins all around; and o Single sided

II.C. Price Proposal

(1) Contents

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

(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.

(3) Project Labor Agreement

Offerors may submit a price proposal subject to the Project Labor Agreement (PLA) requirements set forth in this solicitation (a PLA proposal), a price proposal not subject to the PLA requirements set forth in this solicitation, or both. Any price proposal submitted shall clearly identify whether it is subject to such PLA requirements.

(4)Additional Price Proposal Requirements Price Proposal (Volume I) – Contents (per copy): All copies must contain original signatures (dark blue ink) on all documents signed. Be sure that all information is correct and accurate. Protruding tabs must be used to separate each section/form(s).

The Offeror must include:

(i) TAB 1 - one (1) Standard Form 1442 (Solicitation, Offer and Award)

(The Solicitation) Pages 7 of 28

(ii) TAB 2 - one (1) set of Representations and Certifications with all entries completed including the Tax and DUNS numbers.

(iii) TAB 3 -one (1) copy of the completed pricing sheets attached to this RFP;

attachments to the pricing sheets from the Offeror which detail additional pricing/information may be included, provided they are so identified and do not qualify or form a part of the offer.

All pricing sheets must be completely filled out. Be sure that all information is correct and accurate.

(iv) TAB 4 - one (1) copy of the small business subcontracting plan

(v) TAB 5 - one (1) copy each of the following forms: Certificate of Procurement Integrity, GSA Form 527, Standard Form LLL.

II.D. Technical Proposal

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

Content and Format

The Technical Proposal shall not contain more than 60 numbered pages, which shall be inclusive of the table of contents, charts, exhibits, and any other materials that the Offeror deems necessary as part of a complete response to the requirements of each evaluation factor listed herein. Protruding tabs must be used to separate each section/form(s).

Offerors must be responsive to all the requirements of the Solicitation. Proposals that are responsive to all the requirements of the Solicitation will be evaluated against the following seven (7) non-price award factors:

1. Experience on Comparable Projects (25%)

2. Key personnel for the General Construction Contractor and major subcontractors (25%)

3. Risk Management Approach (20%)

a. Subcontracting Plan (5%)

4. Past Performance (10%)

5. Project Labor Agreement (PLA) (10%)

6. Labor/Trade Apprenticeship and Training Program (10%)

EVALUATION FACTORS

EVALUATION FACTOR I: Experience on Comparable Projects

This factor considers the extent of the Offeror’s past experience as a firm in providing similar construction services.

(The Solicitation) Pages 8 of 28

The Offeror must demonstrate successful experience as a General Construction (GC) Contractor responsible for the construction of at least three (3) “similarly complex” projects substantially completed within the past eight (8) years. A similarly complex project is defined as a project that is comparable in nature, type, and complexity as defined by the all of the following characteristics:

Project involved exterior restoration of a comparably sized structure;

Project was performed on an occupied and functioning building;

Project included historic restoration and repair of a building listed or eligible to be listed on the National Register of Historic Buildings;

Project included masonry restoration;

Project included Hazardous Material abatement.

The total project construction cost at award of the construction contract(s) was at least

$10 million.

The Offeror may also present not more than 3 additional comparable projects substantially completed within the last eight (8) years.

A Comparable project could include any combination of the above listed characteristics and the following characteristics:

Project involved the restoration of historic finishes Project involved work on a historic site and/or building Site was in a prominent location Site was located in a major metropolitan downtown area.

Project required close coordination with occupants/owners security regulations Project possessed similar challenges in staging materials and site access.

For each project presented in relation to this factor three minimum to five maximum), the Offeror must explain how the characteristics of the project relate to the characteristics of the Yates Restoration project. The similarity to the Yates Restoration project is more important than the quantity of projects presented. In addition, for each project presented, the Offeror shall submit a GC Past Performance Reference Form. Please see Evaluation Factor IV: Past Performance for more information.

This factor will be evaluated based upon the written response to the RFP by the Offeror and the past experience demonstrated by the presented projects.

Submittal Required by Offeror:

The Offeror will be required to submit at least three (3) but not more than five (5) 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 Yates Exterior Restoration project. This factor will be evaluated based upon the written response to the RFQ by the offeror.

For each project offered under this evaluation factor, the Offeror shall include the information below:

i. Project title;

ii. Owner;

iii. Location;

iv. Contract type / project delivery method;

v. Contract number / Date of award;

(The Solicitation) Pages 9 of 28

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 Yates Exterior Restoration project and its characteristics as described above.

EVALUATION FACTOR II: Key personnel for the General Construction Contractor and major subcontractors

A. Key Personnel:

1. General Contractor Personnel

a. Project Executive

b. Project Manager

c. General Superintendent

d. Quality Control Manager

2. Major Subcontractor Personnel

a. Superintendent

b. Foreman

Submittal Required by Offeror:

Provide complete resumes including previous project experience, education, licenses, and role specific qualifications for the personnel proposed for the project noted above.

Include in the resume 3 to 4 sentences why this person is qualified and a “good fit” for the proposed position. Include the names, phone numbers, and project names of three references for each of the staff occupying the positions noted below. Resumes for each position are limited to two (2) pages, and references are limited to one (1) page. The Government reserves the right to obtain and consider information from references other than those given by the Offeror.

Submit a matrix indicating staff members occupying the positions listed above have experience on the most relevant projects submitted in Evaluation Factor I above.

Submit certification that each of the staff members performing the positions noted above is available for the project and committed to the project for the entire duration.

Submit certification that the Foreman for each of the major subcontractors is committed to the project for the entire duration.

EVALUATION FACTOR III: Risk Management Approach

(The Solicitation) Pages 10 of 28

The Risk Management Approach is comprised of four items: (1) Organization Chart(s), (2) Quality Control Plan, (3) Risk Management Plan, and (4) Subcontracting Plan which responds to the unique requirements of this project.

Submittal Required by Offeror:

1. Organization Chart

Provide a fully developed organization chart(s) for the GC Contractor team. The chart(s) must show how the Contractor is organized and must include at a minimum: Key Personnel identified in Evaluation Factor II, organization of the General Contractor and major subcontractor functions. The chart(s) must show the relationships, roles, lines of authority and communications between organizations and key personnel. Provide a certification covering each of key personnel and their associated company is committed to performing their key roles on this project unless they leave the Offeror’s employment, are seriously ill, or die. Limit of four 11x17 inch pages.

2. Quality Control Plan

Provide a quality control plan tailored to the Yates Exterior Restoration project. The plan must contain the Offeror’s methodology for controlling quality, ensuring no damage or destruction occurs to the exterior façade, and preserving the exterior façade. Limit of four (4) pages.

3. Risk Management Plan

Provide a risk management plan for the project that explains how the various team members and subcontractors will work together, and the methodology and processes for managing project risks. The plan must identify risks to the project and strategies to mitigate each risk. Limit of twelve (12) pages.

4. Subcontracting Plan

(1) Proposals submitted by large business offerors must include a small business subcontracting plan in which they are required to discuss and include their actual formal plan for subcontracting with small business firms. The Subcontracting Plan shall be complete with all applicable information set forth clearly and concisely, per the requirements of FAR 52.219-9. If discussions are held, they will include coverage of this plan.

(a) If selected for award, your subcontracting plan should be ready for approval without the need to obtain additional information. Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.

(b) Small Business Subcontracting Overall Target Participation

An acceptable subcontracting plan will contain at least the following goals: (SDB, WOSB, HZSB, SDVOSB, and Other Small Business percentages are subsets of Small Business)

(a) Total Subcontracting Plan 100 percent

(b) Small Business 29 percent of (a), which shall include:

Small Disadvantaged Business 5 percent of (a)

(The Solicitation) Pages 11 of 28

Women-Owned Small Business 5 percent of (a)

HUBZone Small Business 3 percent of (a)

Service Disabled Veteran-Owned Small Business 3 percent of (a)

Other Small Business 13 percent of (a)

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

(c) The Small Business Overall Target Participation goal is a summation of all awards to Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB), Hub Zone Small Business (HUBZ), Veteran-Owned Small Business (VOSB), Service- Disabled Veteran-Owned Small Business (SDVOSB), and Other Small Business concerns at all tiers of the project.

(d) The Government will allow the Offeror’s Subcontracting Plan to include Overall Target Participation for first, second, third (and etc.) tier subcontracting. Additional consideration will be given to the extent of the participation of Small, Small Disadvantaged, Women Owned Small, HUB Zone Small, Veteran-Owned Small, and Service-Disabled Veteran-Owned Small Businesses that exceed GSA’s subcontracting goals in this RFQ. Offerors who are small businesses will receive full credit under this criterion.

(This Subcontracting Plan requirement does not apply to small businesses (receipts not exceeding $33 million average annual gross revenues for the last three years; for a joint venture legal firm, such revenues for the firms may not exceed that threshold when combined)).

EVALUATION FACTOR IV: Past Performance of Offeror

This factor considers the past performance of the Offeror.

Submittal Required by Offeror:

The Offeror shall submit references (a person or persons who may be contacted regarding the quality of the Offeror’s past performance) for comparable projects substantially completed within the last eight (8) years. The Offeror must provide a GC Reference Form for each reference. The name, title, company name, current address, current phone number, and current email address 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.

EVALUATION FACTOR V: Project Labor Agreement

A proposal submitted subject to the PLA requirements set forth in 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.

(The Solicitation) Pages 12 of 28

Please see Section IV.I. Project Labor Agreement (PLA) for more information regarding the submission of a proposal subject to PLA requirements.

EVALUATION FACTOR VI: Labor/Trade Apprenticeship and Training Program

The Government will evaluate the means by which the Offeror shall promote the growth of skilled craft labor, specifically the Offeror’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. The Offeror’s failure to use such a program, however, shall not preclude contract award to that Offeror. Additional favorable consideration will be given to Labor/Trade Apprenticeship Programs that incorporate an allocation of apprenticeship positions for District of Columbia residents.

The Offeror shall provide a Labor/Trade Plan, detailing the following:

1. Trades to be subcontracted and those to be self-performed.

2. Percentage of subcontractors to be awarded to entities using registered apprenticeship programs. The Offeror shall discuss this information as it applies to trades in the event that the Offeror intends to self-perform trades.

3. Target number of apprentices to be employed under this contract and a plan that describes recruitment and training strategies.

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

5. The means to recruit and employ Registered Apprentice Labor.

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

7. Safety Training Program.

(a) Provide a complete list of specific training courses and requirements to be utilized by the contractor and major trade contractors or subcontractors.

(b) Provide for each contractor or subcontractor, the following information regarding any safety training provided for supervision and craft labor employees:

1) How much time approximately does each company devote to safety training?

2) What steps are taken to ensure that safety training is conducted in an effective manner?

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management accessed via https://www.sam.gov. 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).

(2) Qualifications of Offerors https://www.sam.gov/

(The Solicitation) Pages 13 of 28

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.F. Requirements for Joint Venture Offerors

(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.

(2) An authorized representative of each member of the joint venture must sign the SF 1442 accompanying an offer regardless of any agency relationship established between the members.

(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.

(4) Representations and certifications, financial information, and past performance information must be submitted for each member of the joint venture.

III. General Provisions

III.A. 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.B. 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 within 15 calendar days. Therefore, prospective offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.C. 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.D. 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 http://www.sba.gov/

(The Solicitation) Pages 14 of 28 the information contained in such offers will be made available until after award except as provided by FAR 15.503.

III.E. 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.F. 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.G. Contractor Performance Information

1. Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

2. CPARS Registration: Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

3. Contractor CPARS Training: Contractors may sign up for CPARS training.

A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

4. Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm

(The Solicitation) Pages 15 of 28 has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

GSA shall provide for review at a level above the contracting officer (i.e., 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.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

III.H. 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, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

IV. FAR/GSAR Solicitation Provisions

IV.A. 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

(The Solicitation) Pages 16 of 28 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, (The Solicitation) Pages 17 of 28 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

(The Solicitation) Pages 18 of 28 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.

IV.B. FAR 52.216-1 Type of Contract (APR 84)

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

IV.C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work

(MAY 14)

(The Solicitation) Pages 19 of 28

(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, Construction Wage Rate Requirements, 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.

IV.D. 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:

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.