Mollo CMc Solicitation_47PC0320R0004_11-18-21.pdf

GSA Solicitation No. 47PC0320R0004

Construction Manager as Constructor (CMc) Contract for:

Major Building Modernization Project at the Silvio J. Mollo Federal Building

The Solicitation

Document: CMc201//AUGUST 2021 (The Solicitation)

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Magnitude of Construction 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 of 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. Bond Requirements H. Contractor Performance Information I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI)

Building Information

J. INFORM

IV. FAR/GSAR Solicitation Provisions A. FAR 52.216-1 Type Of Contract B. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction D. Buy American Requirements

a. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials

E. Buy American Exceptions F. FAR 52.233-2 Service of Protest G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference H. GSAR 552.102 Incorporating Provisions and Clauses by Reference I. GSAR 552.252-5 Authorized Deviations in Provisions J. Small Business Subcontracting Plan

Document: CMc201//AUGUST 2021

K. Additional Provisions

(i) GSAR 552.236-74, Evaluation of Options (Mar 2019)

(ii) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019)

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.244-5 Competition in Subcontracting C. Security Requirements D. FAR 52.223-99, Ensuring Adequate COVID-19 Safety Protocols for Federal

Contractors (OCT 2021) (DEVIATION)

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 Offers

Document: CMc201//AUGUST 2021

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.

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, Solicitation, Offer, and Award (Construction, Alteration or Repair) 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

(6) Other Attachments

I.C. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Document: CMc201//AUGUST 2021

Name: Winnie Eng

Address: One World Trade Center, New York, NY 10007

Telephone: (212) 264-0058

Email: winnie.eng@gsa.gov

Alternate POC Information

Name: Lisa Zalar

Address: One World Trade Center, New York, NY 10007

Telephone: (212) 306-4943

Email: lisa.zalar@gsa.gov

I.D. Pre-Proposal Conference (VIRTUAL) 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. All interested parties must pre-register via email to the Contract Specialist at lisa.zalar@gsa.gov by 3:00 pm local time on November 24, 2021. For each attendee, please provide the company name, and the following information for each individual: name, email address, and phone number.

Date: December 1, 2021

Time: 10:00 AM local time

Location: Virtual via Google Meet (the Contracting Officer will provide information to those that pre-register)

I.E. Magnitude of Construction

(1) The estimated price range for the Project is between $150,000,000 and $180,000,000.

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. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

Document: CMc201//AUGUST 2021 (The Solicitation) mailto:lisa.zalar@gsa.gov https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3

(2) GSA will be conducting a pre-proposal Site Visits walkthrough at Silvio J. Mollo Federal building on December 8, 2021 and December 9, 2021. Additional sessions may be added depending on the number of vendors.

Due to COVID-19 building protocols and restrictions, there is a limitation on the number of visitors at the building at once. Each vendor will have a maximum of five (5) team members.

Names of each attendee must be provided to the GSA on December 2, 2021 by 3:00 PM EST.

Each attendee is required to complete the SDNY COVID-19 Visitor Screening Form and the Federal Bureau of Prisons BP-A0660 form. The BP-A0660 form should be sent directly to Mike Bond at m3bond@bop.gov and the form should be encrypted and the password sent in a separate email. The Site Visit walkthrough will be structured at 2.5-hour intervals, and will include all building specific check-ins. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. All team members must follow Centers for Disease Control and Prevention (CDC) mask protocols, and additional requirements may be required by the building. Instructions with respect to any additional requirements will be provided prior to the walkthrough. Names of individuals not pre-registered and approved will not be allowed access to the building. The Site Visit is broken up into 2.5-hour intervals as follows:

Slot 1 - 08:00 am – 10:30 am

Slot 2 - 10:45 am – 1:15 pm

Slot 3 - 2:00 pm – 4:30 pm

Pre-registration is required for all attendees. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be communicated to vendors after pre-registration has been processed. Submit all Site Visit pre-registration requests via email to the Contract Specialist at lisa.zalar@gsa.gov and CC the Contracting Officer winnie.eng@gsa.gov. In the Site Visit pre-registration request, be sure to list at least two (2) available time slot options so that GSA can work to accommodate all interested vendors. In addition to the request please also confirm if the BP-A0660 forms were sent to Mike Bond and which individuals submitted them and the date of submission. Additionally, please send the SDNY COVID-19 Visitor Screening Form with your pre-registration request.

Once GSA obtains all requests, the Contract Specialist will provide confirmation of specific time slot assignments to each vendor. It is each vendor’s responsibility to ensure that the attendees come prepared to visit the specific areas of interest, and that they are best suited to understand the project scope and objectives. Vendors should supply their own masks, gloves, vests and hard hats.

I.G. Receipt of Offers

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

Date: January 28, 2022

Document: CMc201//AUGUST 2021 (The Solicitation) mailto:m3bond@bop.gov mailto:lisa.zalar@gsa.gov mailto:winnie.eng@gsa.gov

Address: All Technical and Price proposals shall be submitted electronically via email as separate attachments to winnie.eng@gsa.gov and CC lisa.zalar@gsa.gov.

II. Proposals

II.A. Proposal Contents

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

4. List of items included within the offeror's home office overhead

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

6. Other Documents as Required

II.B. Proposal Format

The Technical and Price proposal must be submitted by the deadline established in the solicitation via email to the Contracting Officer and the Contract Specialist as separate Portable Document Format (PDF) attachments. No paper copies will be accepted.

The proposal Package shall consist of the following:

Technical Proposal:

Factor 1 - Experience on Similar Projects

Factor 2 - Management Approach

Factor 3 - Past Performance on Relevant Projects

Factor 4 - Subcontracting Methodology

Factor 5 - Cost Accounting Standards (CAS) Compliance Disclosure form

Technical Proposal: The technical proposal must contain all of the necessary information to address the evaluation factors as set forth in the solicitation. The maximum page limit for the technical proposal submission is 55 pages with a minimum font size of 11. If more than 55 pages are submitted, only the first 55 pages will be evaluated.

Document: CMc201//AUGUST 2021 (The Solicitation) mailto:winnie.eng@gsa.gov

Note: The PBS Past Performance Questionnaire, Small Business Utilization Form, and CAS Disclosure Statement are excluded from the page limitation. All other pages (including cover page), are included in the page limitation. All pages in the technical proposal must be 8.5 inches by 11 inches. Pages that differ from these page dimensions will not be evaluated, with exception to schedules which should be 11 inches by 17 inches.

Price Proposal:

1. Signed Standard Form 1442 and all amendments acknowledged

2. Contract Price Form

3. Backup Pricing Worksheets

4. Representations and Certifications (CMc 301)

5. Completed Form 527, Contractor’s Qualifications and Financial Information

6. SF 24, Bid Bond

7. If applicable, Joint-Venture Agreement and any Mentor-Protégé Agreements

8. Any other information required in the Solicitation

Offerors shall submit all proposals as separate files. Files shall not contain classified data. The use of hyperlinks in proposals is prohibited.

Format: The submission shall be clearly indexed and logically assembled. Each proposal shall be clearly identified. All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. A Table of Contents should be included.

The proposal should clearly demonstrate that the Offeror has a thorough understanding of the project. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

Submission of marketing brochures is not acceptable unless provided as supplementary information only.

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.

(2) Qualifications, Exclusions and Conditions

Document: CMc201//AUGUST 2021

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

II.D. Technical Proposal

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

FACTOR 1 – EXPERIENCE ON SIMILAR PROJECTS (40%):

This factor will measure the breadth, depth, and relevance of an offeror’s prior experience in performing projects similar in size, scope, and complexity to the one described in this solicitation.

I. The Government shall consider the following characteristics more favorable::

● Construction projects valued at $80 million or higher;

● Projects performed in dense urban environment;

● Complete building modernizations, including installation of new facades for mid-rise or high-rise commercial buildings;

● Structural modifications/upgrades to buildings;

● CMc/CM at Risk/GMP project with open book accounting; where the Offeror performed both Design Services/Design Assist and Construction.

II. The Offeror shall demonstrate experience as a prime contractor on contracts currently being performed or completed within the past 10 years (preference will be given to contracts that are substantially complete and located within New York City). If submitting information for current contracts, the contract must be at least 65% complete by the time of the closing date of this solicitation in order for those contracts to be considered. The Offeror shall submit a minimum of 3 projects up to a maximum of 5 projects for evaluation. If more than 5 are submitted, the Government shall only review the first 5. Projects of similar size, scope, and complexity will be determined more relevant and rated more favorably than projects that are less similar.

Complexity includes schedule constraints, management and administrative requirements, security requirements, applicable design criteria, coordination requirements, local conditions, and technical complexity. More recent performance may be deemed to have greater importance than less recent performance.

A single project identical in all aspects to this project may not exist, and therefore the Government will consider the totality of experience demonstrated by the submitted projects. The totality of experience should include all of the characteristics of relevant experience, identified above, in order to receive an acceptable rating for this factor. Significantly more weight will be given to individual projects meeting all characteristics.

Document: CMc201//AUGUST 2021

Note for Joint-Venture Offerors: If relying on past experience and performance of the individual firms, at least one (1) relevant project must be presented for each Joint venture partner. All members of the joint-venture will be required to be signatory to the contract. Greater weight will be given to projects that demonstrate prior teaming of the Joint venture partners.

A Joint Venture and Teaming Arrangement are NOT synonymous. If a teaming arrangement is proposed, the Offeror (prime contractor) will be evaluated against this factor. It should be noted that if an Offeror demonstrates a strong reliance on one (1) subcontractor it may result in an unfavorable evaluation. Offerors shall provide a copy of the agreement as part of their proposal for this factor. Please note this is excluded from the stated page limitation.

III. Experience Form - The Offeror shall complete an Experience Form (Attachment 1) for each reference contract submitted.

FACTOR 2 - MANAGEMENT APPROACH (35%):

The Government will evaluate each Offeror’s relative understanding of the contract requirements. It should detail the Offeror’s overall approach and commitment to accomplishing the objectives of this requirement. The Offeror must provide a Management Approach describing its management philosophy for the design, construction, and post-construction activities for this project. Below are specific items which must be completely addressed by the Offeror:

I. Design Phase Approach

The Offeror’s approach to design phase services including and not limited to design and constructability reviews, schedule development, cost estimating and cost reconciliation services, address subcontractor participation, and quality of value engineering (VE). Explain how the key personnel will be utilized to accomplish these requirements. The Offeror should identify potential design phase risks for this project, and the proactive measures that will be taken to minimize the risks.

The Offeror shall provide a narrative that identifies potential opportunities within the requirement and propose means and methods that will improve value to the overall project. The narrative shall clearly state:

1. The areas of the Scope, Program of Requirements, Concept Design, and/or any other contract document where VE may be applied;

2. The means and methods the Offeror may utilize to increase the value;

3. A description of the difference between the existing requirement and that proposed;

4. Any effects the proposed change would have on the cost;

5. Any effects the proposed change would have on schedule;

6. How the VE proposal will improve the value of the overall project; and,

7. Any other information that may be applicable to the proposal.

Document: CMc201//AUGUST 2021

Value is not only synonymous to cost, it may also relate to; function, quality, reliability, safety, time, etc.

II. Construction Phase Approach

The Offeror’s approach to construction phase services including, but not limited to; safety plan, scheduling, cost savings suggestions, innovative approach(es), Quality Assurance/ Quality Control (QA/QC) management plan including major systems such as Building Envelope, Mechanical, Electrical and Plumbing (MEP), and life safety systems, cost control including contingency management, change order management, staging plan, communication plan, noise control, dust control, and “open book accounting.” The Offeror should identify potential construction phase risks for this project, and the proactive measures that will be taken to minimize the risks. The Offeror shall provide an Experience Modification Rate (EMR) rating or worksheet on their insurance company letterhead for the past 3 years for evaluation.

III. Staffing Plan

The Offeror’s staffing plan should include a detailed description of how it intends to accomplish the requirements of the contract using in-house and subcontracted resources. The staffing plan should include:

a. General description of the overall staffing that will be provided to successfully meet the requirements of the SOW, including a breakdown/ratio of where the key personnel will perform their duties (home/field);

b. Organizational Chart and Line of Authority for both the design phase, construction phase, and construction closeout (or post construction);

c. Resumes for all proposed key personnel, at a minimum key personnel includes:

1. Project Executive

2. Quality Control Manager

3. Project Manager

4. Superintendent

5. MEP Coordinator

6. Building Envelope Specialist

7. Any other personnel the offeror considers to be “key personnel”

d. Resumes of key personnel should include (NTE 2 pages, if more than 2 pages are provided only the first 2 will be reviewed):

1. Name

2. Title/Position

Document: CMc201//AUGUST 2021

3. Employment history

4. Responsibilities/Duties

5. Experience on Similar Projects, provide specific examples including total construction value

6. Licenses/Professional Certifications

7. Education

8. References (email and telephone number)

e. Description of how the Offeror plans to recruit and retain personnel, particularly key personnel and major trade partners in the New York, NY area;

f. Communication plan between home and field office personnel.

No changes to specific personnel proposed for key positions may be made without the Government’s consent. Preference will be given to Offerors that propose Key Personnel that clearly demonstrate successful experience on work that is similar in size, scope, and complexity to this project requirement, experience with the Construction Manager as Constructor (CMc) project delivery method, and/or experience with Guaranteed Maximum Price (GMP) construction contracts. The Government may contact references regarding the proposed Key Personnel and may use this information to assess the risk associated with the proposed Management Approach.

Note: Identify the amount of time Key Personnel are anticipated to spend in the home office and project site for both the design phase, construction phase, and construction closeout phase/post construction.

Note: The Government will reserve the right to invite Offerors to give oral presentations to further demonstrate their understanding of the project and abilities to complete the project, as well as augment the written information submitted in their Management Approach factor. The Offerors will be expected to provide a clear and concise overview of the project in relation to the project requirements and to provide clear and concise responses to pertinent questions posed by members of the Government's evaluation team. The oral presentations will not constitute discussions as defined in FAR 15.306(d).

No price information shall be included in the presentation narrative or mentioned during the oral presentation.

*The government reserves the right to NOT afford an oral presentation.

FACTOR 3 – PAST PERFORMANCE ON RELEVANT PROJECTS (15%):

I. This factor will evaluate the quality of an offeror’s collective experience in performing projects similar in size, scope, and complexity to those described in this solicitation.

Document: CMc201//AUGUST 2021

II. The relevance of the projects submitted will be an additional consideration under this factor.

III. The Offeror must submit a PBS Past Performance Questionnaire (PPQ) (Attachment 2), completed by the applicable client, for each project proposed for in Factor 1, Experience on Similar Projects. Completed PPQs should be submitted with the proposal. Ensure correct and current phone numbers and email addresses are provided for the client point of contact.

Offerors should follow-up with clients/references to ensure timely submission of questionnaires.

If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the project. If the client requests, the client may submit a questionnaire directly to the Government's point of contact, via email at winnie.eng@gsa.gov prior to proposal closing date. Offerors may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other Solicitations.

IV. Also include performance recognition documents received within the last 10 years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

V. 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 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 (FAPIIS), Electronic Subcontracting 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 PPQs submitted by Offerors.

The Government has no obligation to ensure that an equal number of references are obtained for each Offeror.

If the Offeror has no record of relevant past performance or information on its past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance.

The rating shall be characterized as “neutral.”

If proposing a joint venture or teaming arrangement, Offerors should first submit past performance records they have performed together as these experiences will receive more consideration than experiences performed separately. A Joint Venture and Teaming Arrangement are NOT synonymous. If a teaming arrangement is proposed the Offeror (prime contractor) will be evaluated against this factor.

FACTOR 4 - SUBCONTRACTING METHODOLOGY (10%):

GSA is committed to providing, to the maximum extent practicable, for socio-economic businesses to receive federal contracting opportunities. This factor is designed to ensure that

Document: CMc201//AUGUST 2021 this GSA commitment is brought to the attention of the prospective Offerors. This factor measures the extent to which the Offeror will perform contract requirements utilizing small business concerns.

All business concerns (to include small businesses) shall address the extent of participation of small business concerns (SB) in performance of this contract. The Offeror must provide its SB participation targets with its offer expressed as percentages of the total contract. To this end, Offerors shall complete Attachment 3.

Offerors shall submit the following to demonstrate the above:

● Attachment 3, Small Business Utilization Form

Note: In accordance with FAR 19.702, Statutory Requirements (a)(1), the apparent successful Offeror shall be required to submit an acceptable small business subcontracting plan prior to award. Subcontracting plans are not required from small business concerns.

FACTOR 5 - Cost Accounting Standards (CAS) Compliance (no page limitation)

The Offeror shall demonstrate its compliance with CAS through the submittal of all disclosures (Attachment 4 - CASB DS-1) in accordance with FAR 52.230-1, Cost Accounting Standards Notice and Certification and FAR 52.230-7, Proposal Disclosure - Cost Accounting Practice Changes. Cost Accounting Standards (CAS) compliance shall represent an acceptable/unacceptable evaluation factor. The successful Offeror will be required to use an “open book accounting system” which will be subject to periodic Government review.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors are reminded their System for Award Management (SAM) registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management. 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 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.

(3) The Offeror must submit all disclosures in accordance with FAR 52.230-1, Cost Accounting Standards Notice and Certifications and FAR 52.230-7, Proposal Disclosure – Cost Accounting Practice Changes.

Document: CMc201//AUGUST 2021 (The Solicitation) https://www.sam.gov/

II.F. Requirements of 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 Request for Information (RFI) deadline is 3:00 pm local time on December 17, 2021. All requests for clarification or interpretation shall be submitted via email to winnie.eng@gsa.gov and lisa.zalar@gsa.gov. All RFIs will be addressed via Amendment to the Solicitation.

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 do not warrant that all such requests will be answered within 10 calendar days.

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) (Small Business Administration). 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, Procurement Integrity and FAR 15.207, Handling Document: CMc201//AUGUST 2021 (The Solicitation) mailto:winnie.eng@gsa.gov http://www.sba.gov/ proposals and information 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, Notifications to unsuccessful offerors.

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 Clause FAR 52.223-10, Waste Reduction Program encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

The Contract contemplated by this Solicitation provides for a Guaranteed Maximum Price (GMP) with CMc Contingency Allowance (CCA), and determines the contractor's compensation in a manner significantly different from a firm-fixed-price contract.

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. Bond Requirements

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond and payment bond as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.H. 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 Contractor Performance Assessment

Completed CPARS evaluations may then be used by Federal acquisition community for use in making source selection decisions. CPARS 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.

Document: CMc201//AUGUST 2021 (The Solicitation) http://www.cpars.gov/

(3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (CPARS Training) and updated as needed.

(4) Contractor Representative (CR) Role: All evaluations will be sent to 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.

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.I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

Certain information contained in the Solicitation Documents may have been designated as Controlled Unclassified Information (CUI) 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.J INFORM

A. Overview of the IN-depth Feedback through Open Reporting Methods (INFORM) Process

This solicitation is part of GSA’s post award communication process called INFORM.

The process is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting that is not required by statute or regulation. For Part 15 including mandatory debriefs and Part 16, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM process as further discussed below.

Document: CMc201//AUGUST 2021 (The Solicitation) https://www.cpars.gov/lc.htm

B. Detailed Description of the INFORM Process

B.1. Component 1 - Notification of Award

After award and in accordance with any post-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerors (the Notification Letter and Evaluation Statement (NLES)). The notices will contain:

● All information required by statute or regulation;

● An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the unsuccessful offeror’s strengths, weaknesses, risks, and deficiencies;

● An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price; overall technical ranking, rating, or score.

B.2. Component 2 - Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NLES, an offeror may, but is not required to:

● submit a written request to the contracting officer for an oral feedback meeting;

● submit a list of written questions to the contracting officer; or

● take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR 15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three day time period, the receipt of the NLES concludes the INFORM process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer’s response to the written questions will conclude the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506.

If the offeror requests an oral feedback meeting, the offeror should provide the following information:

● Primary point of contact;

● List of participants with titles (e.g., Senior Vice President);

● List of topics to assist GSA better prepare for the oral feedback meeting; and

● Preference for in-person, telephone, or web-based conferencing (if available).

Document: CMc201//AUGUST 2021

B.3. Component 3 - Oral Feedback Meeting

During the oral feedback meeting, GSA’s objectives are to provide:

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

● Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational;

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation.

Document: CMc201//AUGUST 2021

B.4. Component 4 - Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

IV. FAR/GSAR Solicitation Provisions

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

The Government contemplates award of a Construction Manager as Constructor (CMc) Guaranteed Maximum Price with Construction Contingency Allowance and Shared Savings contract resulting from this solicitation.

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

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

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

Document: CMc201//AUGUST 2021

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

The following goal ranges (%) are applicable to the indicated trades in the counties of Bronx, Kings, New York, Queens, and Richmond.

Electricians 9.0 to 10.2

Carpenters 27.6 to 32.0

Steam fitters 12.2 to 13.5

Metal lathers 24.6 to 25.6

Painters 28.6 to 26.0

Operating Engineers 25.6 to 26.0

Plumbers 12.0 to 14.5

Iron workers (struct) 25.9 to 32.0

Elevator constructors 5.5 to 6.5

Bricklayers 13.4 to 15.5

Asbestos workers 22.8 to 28.0

Roofers 6.3 to 7.5

Iron workers (ornamental) 22.4 to 23.0

Cement masons 23.0 to 27.0

Glaziers 16.0 to 20.0

Plasterers 15.8 to 18.0

Teamsters 22.0 to 22.5

Boilermakers 13.0 to 15.5

All others 16.4 to 17.5

6.9%

These goals are applicable to all of 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

Document: CMc201//AUGUST 2021 employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is: New York State, New York County, New York City.

IV.D. Buy American Requirements

a. FAR 52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

Document: CMc201//AUGUST 2021 (The Solicitation) https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-52#FAR_52_225_11

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

IV.E. Buy American Exceptions

N/A

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

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