FINAL_C201_Small_Business_Set_Aside_GC_Sol_GS-P-02-17-DT-D-0006NJ.docx.pdf

Construction Contract for:

GSA Solicitation No. GS-P-02-17-DT-D-0006

Notice to Offerors of Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

52.219-6, Notice of Total Small Business Set Aside

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 52.236-27 Site Visit - Construction G. Receipt of Offers

II. Proposals A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted 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 I. Additional Security Requirements

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IV. FAR/GSAR Solicitation Provisions

A. FAR 52.208-9 Contractor Use of Mandatory Sources B. FAR 52.215-1 Instructions to Offerors—Competitive Acquisition C. FAR 52.216-1 Type of Contract D. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work E. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction F. FAR 52.233-2 Service of Protest G. Buy American H. Buy American Exceptions I. Special 8(a) Requirements J. FAR 52.252-1 Solicitation Provisions Incorporated by Reference K. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Additional Solicitation Provisions and Instructions

A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

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

C. Additional Provisions D. Additional Clauses E. Fair Pay and Safe Workplaces Provisions and Clauses

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

(GS-P-02-17-DT-D-0006) Pages 2 of 29

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

(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 (C301)

(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.B.1 Special Pricing Conditions for IDIQ Contracts:

1. PRICE PROPOSALS: Each Offeror must submit a Cost Structure as listed in the Continuation Sheet to the Standard Form 1442 and must completely provide all information as requested on this document. The rates offered by the contractor may be negotiated during the source selection process. If awarded a contract under this solicitation, the negotiated rates will be accepted by the government as NOT TO EXCEED RATES to be used in pricing future projects/modifications for the contract. The rates requested are intended for use in situations where the Government and awardee are conducting sole source negotiations for the price of project work. Sole source negotiations may occur when pricing modifications to an awarded order, or when the Government uses the authority to enter into sole source negotiations for a new order as detailed in Paragraph titled “Method of Placement of Orders Under Multiple Award Contracts” in the Agreement. The intent of this contract is to compete RFP's for each project among the awardees, and in situations where adequate price competition is available, the

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Government will generally not request a price breakdown. Rather, GSA envisions that most project proposals will be submitted on a lump sum basis and the offerors shall include all mark-ups related to that project and all proposed preparation costs within that lump sum price.

While some circumstances may arise in which a price breakdown is required for a specific RFP, it is the Government's intent to use the not-to exceed mark-up rates requested only in situations where GSA and the offeror/awardee are negotiating a price in a sole source environment.

For award purposes, the proposed cost structure as requested in the RFP will be evaluated based on a comparison of the proposed total cost structure for each of the elements listed with similar rates paid by GSA on previous projects. Cost analysis will be performed on the proposed rates that will be used in determining reasonableness and probable cost of future projects, and the offeror's understanding of the work and ability to perform the contract.

I.B.2 Description of services to be acquired & MOL

Individual task orders will be limited to projects between the micro-purchase threshold and $150,000.00, with an aggregate maximum order limitation (MOL) of $12,000,000.00 for the entire duration of the contract. In other words, there is no single MOL per contractor nor a single MOL per year, other than the MOL of the entire contract.

I.C. Authorized Representatives

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

(1) Point of Contact:

Name: Omar Mahmud Address: One World Trade Center 54th Floor

New York, NY 10007-0089 Email: omar.mahmud@gsa.gov

(2) Alternate Point of Contact:

Name: Sung Yoo Address: One World Trade Center 54th Floor

New York, NY 10007-0089 Email: sung.yoo@gsa.gov

I.D. Pre-Proposal Conference

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

Date: January 12, 2017 Time: 10:00 AM Local Time

Location: 26 Federal Plaza, 6th FL, Conference Room A

(2) There will be GSA technical personnel present at the meeting to give limited answers to specification-related questions. All significant questions will be answered in an amendment to

Document: C201-SB / OCT 2016 (GS-P-02-17-DT-D-0006) Pages 4 of 29 mailto:omar.mahmud@gsa.gov mailto:sung.yoo@gsa.gov the RFP. No specific projects will be discussed, nor will any of the specific details of the evaluation plan be provided.

(3) 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 ranges for the projects are between micro-purchase threshold and $150,000.00 per each individual Task Order.

I.F. 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) 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, 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.

(2) Site visits will be held at the following dates and times:

To be determined at a later date

I.G. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received, via email only, no later than 4:00 pm local time on the following date:

Date: January 30, 2017

II. Proposals

Proposal shall be organized and tabbed as shown below for submission format.

II.A. Proposal Contents

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

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications (C301)

4. Resumes of Key Personnel

5. Standard Form 527 - Contractor’s Qualification and Financial Information

6. Past Performance Reference Sheets (Please follow the instructions provided on those Reference Sheets)

7. Signed Standard Form 1442, including acknowledgement of all amendments (if any).

8. Price Proposal Line Item Sheet

II.B. Proposal Format

Size of Printed Matter Submissions.

II.B.1 Written proposal shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents. Font size shall not be less than 12 point with 1 inch margins on all four (1) sides. Each page shall be identified with the appropriate page number centered at the bottom of the page. Sheet size of the proposal contents shall be 8-1/2 inches x 11 inches where sheets are prepared specifically for this proposal. Any forms and charts must be clearly labeled and referenced and are not subject to the font size limitation.

The Technical Proposal, shall not exceed 25 pages (25 single-sided), excluding the cover sheet and Table of Contents. The Government will not review any information submitted in an appendix or attachment to the proposal. The Offeror must comply with the page limitations. The Offeror shall not submit verbatim sections of this solicitation as part of their proposal. Offers that do not meet these requirements may be subject to rejection.

Note: Evidence of bonding capacity and the price proposal is excluded from the page limitation.

II.B.2 The proposals shall contain a detailed table of contents. A cover sheet identifying the Offeror (name, address, point of contact), project description and solicitation number shall be provided. The second sheet shall be a Table of Contents. Offers that violate these rules unnecessarily delay the evaluation process and may be rejected by the Government after the initial evaluation without receiving any further consideration. The Government will not evaluate any information beyond the page limitation noted above.

II.B.3 Proposal revisions shall be submitted as page replacements with revised text readily identifiable, e.g., boldface print or underlining. The source of the revision, e.g., Error, Omission, or Clarification, or amendment shall be included and be annotated for each

(GS-P-02-17-DT-D-0006) Pages 6 of 29 revision. Proposal replacement pages shall be numbered, shall be clearly marked “REVISED”, shall show the date of revision, shall be submitted in appropriate number of copies.

II.B.4 Number of Copies. Offerors shall submit an electronic copy of Volume I and an electronic copy of Volume II of their Proposal. Within three (3) days of contract award, the awardees shall submit Volumes I and II, updated to include all revisions, via e-mail.

II.B.5 Submission Format. The Proposal will be tabbed and submitted in the following format:

VOLUME I – Price/Cost Proposal

TAB A – SF 1442, completed and signed by an authorized person from the company or team

TAB B – Price Proposal Sheet – Line Items

TAB C – 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 file C301 attached to this Solicitation.

TAB D – Standard Form 527 - Contractor’s Qualification and Financial Information

Offerors are encouraged to make their proposals only as voluminous as is necessary to respond to the preparation instructions set forth in the solicitation. In addition, notice should be taken of any size or page limitations specified in the instructions below.

Offerors are required to submit proposals as delineated below:

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) Additional Price Proposal Requirements: The pricing proposal, filed/packaged separately from the technical proposal, must contain the following information:

Document: C201-SB / OCT 2016 (GS-P-02-17-DT-D-0006) Pages 7 of 29 http://orca.bpn.gov/ http://orca.bpn.gov/

● Signed Standard Form 1442, including acknowledgement of all amendments (if any)

● Completed Price Proposal Line Item Sheet (all pages).

● Representations and Certifications (C301)

● GSA Form 527, Contractor’s Qualification and Financial Information

● Any other information required by the solicitation

(4) Qualifications of Offerors

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

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

(1) Experience The offerers are requested to demonstrate their construction experience in fully occupied office facilities by providing a list of five successful projects completed within the past three years.

One (1) of the five projects must be between $2,000 and $35,000, two (2) projects must be over $100,000, and the two (2) remaining projects must be between $35,000 and $150,000, similar in nature, and similar working conditions as those anticipated in this contract. The firm is requested to discuss its experience with handling projects simultaneously. Experience with managing multiple, simultaneous projects is considered an asset.

For the evaluation criteria listed above, the firm shall provide the following information for each of the five projects:

• Name and location of the project.

• A detailed description of the project.

• Project start and completion dates.

• Construction cost at award and the final construction cost at construction completion.

• A narrative description of the amount and type of work the firm performed as primary contractor versus the percentage of the work accomplish by a subcontractor.

• An explanation of Project Management techniques and Quality Control measures that were used on the project.

• Owner Reference Details to include; Point of Contact's name, address, phone number and email address.

Minimum standard:

The standard is met when

(GS-P-02-17-DT-D-0006) Pages 8 of 29

1.) The projects submitted contain (5) five successfully completed repair and alteration construction projects in occupied office space facilities within the past (3) three years,

2) A majority of the Owner Evaluation I References describe the offeror's past performance as satisfactory and advise that they would definitely hire the offerer for another project to provide the same or similar services.

(2) Past Performance

The purpose of this factor is to review the offeror's record of past performance on relevant construction projects.

The Offeror shall submit Past Performance Questionnaires (PPQs) included in the solicitation as (Attachment A4), completed by the applicable client, for each project included in its proposal for FACTOR 1. Completed PPQs should be submitted with the proposal. Ensure correct phone numbers and email addresses are provided for the client point of contact. Offerers should follow-up with clients/references to ensure timely submittal of questionnaires. If the Offerer is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offerer shall complete the first page of the PPQ as well as the Client Point of Contact Information and shall submit it with a statement of what attempt was made by the Offerer (e.g.

"Sent to Mr. Smith by email on 06/15/2016"). If the client requests, the client may submit a questionnaire directly to the Government's Contracting Officer prior to proposal closing date.

Offerers may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerers shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

You may also include performance recognition documents received within the last six (6) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPllS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the Offeror.

While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. GSA will not maintain a database of completed PPQs submitted by Offerors.

(GS-P-02-17-DT-D-0006) Pages 9 of 29

(3) Personnel Qualifications

Offerors will be requested to identify key personnel for the project team and their responsibilities, qualifications and positions for the proposed projects. Key Personnel are limited to the Contract Manager and their primary Project Manager that will be used on delivery orders against this term contract. No other key personnel qualifications will be considered.

Please note that the offeror’s proposal shall clearly state if the same person is being utilized for both positions.

The Contract Manager shall be a central point of responsibility, tasked with serving as an overall manager of ongoing projects responsible to GSA for scheduling/coordinating all project deliverables.

Complete resumes shall be provided for the Contract Manager and the primary Project Manager proposed to work on this project listing their education, training, qualifications and experience relative to the tasks they will be performing. Professional qualifications, specialized experience in this type of work and the demonstrated technical competence of the staff on similar projects will also be requested. This demonstrated competence will take the form of specific project accomplishments, length of service in a particular discipline, and other specifiable or identifiable elements and duties. Key personnel shall have (5) five cumulative years of construction renovation experience in occupied facilities. Offerors will be required to discuss previous experience that the proposed key personnel may have in working together on past projects.

Each individual’s resume shall be limited to three (3) pages. If more than three (3) pages are provided for an individual, only the information on the first three (3) pages will be considered.

(4) Project Payment Protection

This is a go/no-go factor to assess the offerer's ability to provide payment protection sufficient to cover the maximum estimated value of a single project under this IDIQ contract. For this procurement, the minimum amount to be covered is $150,000. In accordance with FAR 28.102-1, offerers must provide proof of payment protection in the form of a payment bond (a letter from a surety stating your bonding capacity (minimum $150,000)) or an irrevocable letter of credit (ILC) that their firm is able to obtain payment protection at a minimum of $150,000.

If the offerer is unable to provide proof of payment protection, they will be eliminated from the competition.

II.E. Other information to be submitted with Proposal

NONE

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

(GS-P-02-17-DT-D-0006) Pages 10 of 29 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 will not warrant that all such requests will be answered. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.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 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

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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 has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

Document: C201-SB / OCT 2016 (GS-P-02-17-DT-D-0006) Pages 12 of 29 http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm

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.

III.I. Additional Security Requirements

Personnel Security Requirements:

GSAR 552.204-9 Personal Identity Verification Requirements (OCT 2012)

(a) The contractor shall comply with GSA personal identity verification requirements, identified at http://www.gsa.gov/hspd12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.

(1) FAR 52.204-2, Security Requirements, August 1996

(2) FAR 52.204-9, Personal Identity Verification of Contractor Personnel, January 2011

(3) FAR 52.224-1, Privacy Act Notification, April 1984

(4) FAR 52.224-2, Privacy Act, April 1984

(5) GSAR Clause 552.204-9, Personal Identity Verification Requirements, October 2012

(6) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems, Jun 2016.

This project is classified as UNCLASSIFIED.

(GS-P-02-17-DT-D-0006) Pages 13 of 29 http://www.gsa.gov/hspd12

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.208-9 Contractor Use of Mandatory Sources

As prescribed in 8.005, insert the following clause:

Contractor Use of Mandatory Sources of Supply or Services (May 2014)

(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase from People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.

(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.

(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:

(1) National Industries for the Blind (NIB) 1310 Braddock Place Alexandria, VA 22314-1691

(703) 310-0500; and

(2) NISH

8401 Old Courthouse Road Vienna, VA 22182

(571) 226-4660.

IV.B. 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.

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“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 solicitations’ 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

(GS-P-02-17-DT-D-0006) Pages 15 of 29 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).

(GS-P-02-17-DT-D-0006) Pages 16 of 29

(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 evaluation 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

(GS-P-02-17-DT-D-0006) Pages 17 of 29 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.C. 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.1. 52.216-19 -- Order Limitations.

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order . The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $150,000.00;

IV.C.2 FAR 52.222-5. Davis-Bacon Act—Secondary Site of the Work. (JUL 05)

(GS-P-02-17-DT-D-0006) Pages 18 of 29

(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.

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

(MAY 14)

(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.E. 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:

Locality goals can be found at http://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf

(GS-P-02-17-DT-D-0006) Pages 19 of 29 http://www.dol.gov/ofccp/TAguides/TAC_FedContractors_JRF_QA_508c.pdf

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each

Trade

Electricians Carpenters Steam Fitters Metal Lathers Painters Operating Engineers Plumbers Iron Workers (strut) Elevator Constructors Bricklayers Asbestos Workers Roofers Ironworkers (ornamental) Cement Masons Glaziers

9.0 to 10.2%

27.6 to 32.0

12.2 to 13.5

24.6 to 25.6

26.0 to 28.6

25.6 to 26.0

12.0 to 14.5

25.9 to 32.0

5.5 to 6.5

13.4 to 15.5

22.8 to 26.0

6.3 to 7.5

22.4 to 23.0

23.0 to 27.0

16.0 to 20.0

6.9%

Westchester NY 22.6% 6.9%

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

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