R6GSAIDIQNEJOCC2023 Solicitation 20230130.pdf

GSA Solicitation No. R6GSAIDIQNEJOCC2023

January 30, 2023 (The Solicitation) Pages 1 of 39

Region 6 Single Award Indefinite Delivery/Indefinite Quantity Job Order Construction Contracts for GSA Projects In the State of Nebraska

The Solicitation

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

(The Solicitation) Pages 2 of 39

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee G. FAR 52.236-27 Site Visit - Construction H. Receipt of Offers

II. Proposals A. Proposal Contents B. Proposal Format 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

IV. FAR/GSAR Solicitation Provision

A. FAR 52.203-2 Certificate of Independent Price Determination B. FAR 52.204-3 Taxpayer Identification C. FAR 52.204-8 Annual Representations and Certifications D. FAR 52.204-24, Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment E. FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation F. FAR 52.209-5, Certification Regarding Responsibility Matters G. FAR 52.209-7, Information Regarding Responsibility Matters H. FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law I. FAR 52.211-1, Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 J. FAR 52.216-1 Type of Contract K. FAR 52.219-1 Small Business Program Representations L. FAR 52.222-5, Construction Wage Rate Requirements—Secondary Site of the Work M. FAR 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction N. FAR 52.225-10, Notice of Buy American Requirement—Construction Materials

(The Solicitation) Pages 3 of 39

O. FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

P. FAR 52.233-2 Service of Protest Q. FAR 52.252-1, Solicitation Provisions Incorporated by Reference R. GSAR Additional Provisions

(i) GSAR 552.236-74, Evaluation of Options

(iii) GSAR 552.236-77, Government’s Right to Exercise Options

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

VI. Attachments

A. Project Experience and Past Performance Form B. Subcontractor Relationship Form C. Small Business Socioeconomic Status

(The Solicitation) Pages 4 of 39

I. General Information

I.A. The Solicitation and Contract

(1)This Solicitation is set-aside for Total Small Businesses, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for one (1) Single Award, Indefinite Delivery / Indefinite Quantity Job Order Construction Contract as described in the attached Agreement:

(1) Nebraska Field Office (State of Nebraska)

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

(3) Standard Form (SF) 24 – Bid Bond

(4) Other Forms Required For Submission with Proposals

(5) The Agreement and Attachments to the Agreement

I.C. Authorized Representatives

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

(1) Contracting Officer

Name: Daniel Talbert Address: 2312 East Bannister Road, Kansas City, Missouri 64131

Telephone: 816-823-1691 Email: daniel.talbert@gsa.gov

(2) Alternate Point of Contact Name: Antonio Vargus

Address: 210 Walnut Street, Des Moines, IA 50309 Telephone:

Email:

515-217-2186 antonio.vargus@gsa.gov

(The Solicitation) Pages 5 of 39

I.D. Pre-Proposal Conference

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

Date: Monday, February 13, 2023 Time: 2:00 PM Central Time

Location: Conference Call Join by phone (US) +1 720-644-1157

PIN: 289 758 246#

https://meet.google.com/xwj-gjib-wjw?authuser=0

The Pre-Proposal Conference is not mandatory and has no bearing on technical scores.

However, contractors are encouraged to attend.

I.E. Estimated Price Range

See the Agreement, paragraph I.E. Contract Values

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

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds

(including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the maximum value of each contract that you choose to offer on ($200,000.00 = 0.20 X $1,000,000.00 per contract).

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 7 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.G. FAR 52.236-27 Site Visit - Construction (FEB 95)

(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation and are in the attached Agreement. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

(2) Site visits will be conducted by appointment only. To arrange for a site visit, contact:

(The Solicitation) Pages 6 of 39

Name: Gary Stuckenschmidt Address: 111 S 18TH PLZ OMAHA NE 68102-1303

Telephone: (402) 221-4704 Email: gary.stuckenschmidt@gsa.gov

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 12:00 pm local time on the following date and at the following address:

Date: Wednesday, March 1, 2023 Time: 1:00 P.M. Central Time

Email: daniel.talbert@gsa.gov & antonio.vargus@gsa.gov

(2) Offers sent by commercial package delivery and hand delivery shall be deemed received as of the date and time of delivery to the office designated for receipt of offers.

(3) Offers sent by United States Mail shall be deemed timely if delivered to the address of the government installation designated for receipt of offers on or before the date established for receipt of offers.

II. Proposals

II.A. Proposal Contents

Offeror’s are required to submit a separate Price Proposal and Technical Proposal

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

(1) Price Proposal

(a) Standard Form 1442

(b) Bid Guarantee, using Standard Form (SF) 24

(2) Technical Proposal See Section II.D. for technical proposal contents.

II.B. Proposal Format

Offerors are to submit an email with the subject line: “(CONTRACTOR NAME) PROPOSAL –

IDIQ JOCC NE”.

**ELECTRONIC SUBMISSIONS ARE MANDATORY

Electronic packages will contain two (2) pdf files as described below:

(1) Attachment Labeled “(Contractor Name) Pricing – IDIQ JOCC NE”:

(a) Standard Form 1442

(b) Bid Guarantee, using Standard Form 24

(The Solicitation) Pages 7 of 39

- Include a scanned copy of the Standard Form (SF) 24 in your electronic submission.

(2) Attachment Labeled “(Contractor Name) Technical – IDIQ JOCC NE”.

II.C. Price Proposal

(1) Contents

The Price Proposal shall include a fully executed SF 1442. Each Offeror must submit a Pricing Structure as listed on the SF 1442 and must completely provide all information as requested on this document. The prices offered by the contractor may be negotiated during the source selection process.

(2) Qualifications, Exclusions and Conditions

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

II.D. Technical Proposal

The Technical Proposal shall include the information requested below.

A. STAFFING

1. QUALIFICATIONS OF KEY PERSONNEL

Maximum Score = 10 (2 individuals x 5 points) Standard Score = 6 (2 individuals x 3 points)

DESCRIPTION: This factor considers the experience, education, knowledge, and expertise required for the position he/she is to be assigned for this contract. Key personnel are defined as the Contract or Project Manager and On-Site Supervisor.

Offeror shall provide written qualifications and professional references for one (1) Contract/Project Manager and one (1) On-Site Supervisor who will be assigned to this contract.

Standard for Evaluation: The standard is “met” when:

Contract/Project Manager and On-Site Supervisor must have performed on three (3) “Similar” projects within the last three (3) years.

Contract/Project Manager and On-Site Supervisor must have a minimum of three

(3) years of experience in the position he/she will fill under this contract.

Each of the key individuals identified has the appropriate education, knowledge, and expertise required for the position he/she is to be assigned for this contract.

Offeror can demonstrate that a minimum of one of the key individuals identified has contract authority and has a history of consistently and successfully responding to the customer within 24 hours of being contacted.

The qualifications and assigned duties of each key individual are clearly described in the proposal, and the Offeror has indicated these individuals are readily available for the contract work and will be assigned to and performing

(The Solicitation) Pages 8 of 39 work under the subject contract for the life of the contract unless a substitute is approved by the Contracting Officer.

The term “Similar” projects shall be defined for evaluation purposes as renovation of occupied, multi-story, commercial/government office property type facilities that collectively (the three projects submitted) include 1) carpentry, 2) electrical, 3) plumbing, 4) HVAC, 5) flooring, 6) asphalt or concrete, and 7) painting or wall covering work as a part of the project scope. Award amount of the similar projects should be between $2,000 and $250,000.

Procedure for Evaluation:

The Offerors shall provide personnel qualification data and professional references for the key individuals submitted. References provided by the Offeror may be contacted by the SSEB. This evaluation will consist of evaluating the Offeror’s written responses and references contacted.

THE QUALIFICATIONS OF THE KEY PERSONNEL SHALL NOT EXCEED FOUR

(4) PAGES TOTAL. PAGES BEYOND THE LIMIT WILL NOT BE EVALUATED.

(FORM NOT PROVIDED)

2. SUBCONTRACTOR RELATIONSHIPS

Maximum Score = 15 (3 subcontracts x 5 points) Standard Score = 9 (3 subcontracts x 3 points)

DESCRIPTION: This factor ensures that each offeror, throughout the life of the contract and resulting task orders, will have adequate and responsive personnel in response to the Government’s project requirements.

For this factor, the offeror shall demonstrate working relationships with subcontractors in the respective geographic area. Offerors are required to submit one (1) form for three (3) different subcontractors that the offeror has executed agreements with within the last three (3) years. (Complete one form for each subcontract). Collectively the three (3) subcontractor relationships submitted must include at least three (3) of the following seven (7) trades:

Carpentry Painting/Wall Covering Electrical Plumbing

HVAC

Flooring Concrete/Asphalt

The offeror has completed all sections of the attached form (Complete one form for each subcontract) for three (3) different subcontractors that the offeror has executed agreements with within the last three (3) years. Collectively the three

(3) subcontractor relationships submitted include at least three (3) of the seven

(The Solicitation) Pages 9 of 39

(7) trades listed above and are with subcontractors that have an office within the geographic area that your proposal is targeted for (see Solicitation I.A.1). Additionally, if contacted, subcontractor points of contact confirm a satisfactory working relationship.

Offeror’s response will be evaluated for demonstrating an ability to maintain successful subcontractor relations in multiple trades. Subcontractors provided by the Offeror may be contacted by the SSEB. This evaluation will consist of evaluating the Offeror’s written responses and references contacted.

DESCRIPTION OF EACH SUBCONTRACTOR RELATIONSHIP SHALL NOT EXCEED ONE

(1) PAGE. PAGES BEYOND THE LIMIT WILL NOT BE EVALUATED.

(SUBCONTRACTOR RELATIONSHIPS FORM PROVIDED)

EXECUTED SUB CONTRACT AGREEMENTS DO NOT COUNT AGAINST THE ONE (1)

PAGE LIMIT

3. SELF-PERFORMED WORK REQUIREMENT

Maximum Score = 5 points Standard Score = 3 points

DESCRIPTION: This factor ensures that each offeror, over the life of the contract, has a plan to meet the requirements of FAR 52.219-14.

For this factor, the offeror shall demonstrate how it’s staffing and experience will ensure compliance with FAR 52.219-14.

● The offeror has provided detailed information as it relates to its staffing structure by trades and its record of self-performed work as a percentage of the cost of its contracts, not including the cost of materials.

● Offeror’s response will be evaluated for thoroughness and evidence of their ability to satisfy the contract requirements.

SUBMITTAL FOR THIS FACTOR IS NOT TO EXCEED ONE (1) PAGE TOTAL. PAGES

BEYOND THE LIMIT WILL NOT BE EVALUATED.

B. QUALIFICATIONS OF THE FIRM

Maximum Score = 20 (3 projects x 5 points and 1 contract x 5 points) Standard Score = 12 (3 projects x 3 points and 1 contract x 3 points)

1. PROJECT EXPERIENCE AND PAST PERFORMANCE

DESCRIPTION: This factor considers the “Quality” of the Offeror’s past performance on three (3) projects completed within the last three (3) years in carrying out work of a

(The Solicitation) Pages 10 of 39

“Similar” nature with reference to such considerations as timeliness, owner/tenant satisfaction, and contract compliance.

The Offeror is responsible for demonstrating how projects they deem “Similar” are in-fact comparable in size, scope, and complexity. The Offeror is responsible for demonstrating how projects they deem “Quality” were in-fact delivered in a timely manner, within established budgets, and to the customer’s satisfaction.

The term “Quality” for evaluation purposes is defined as meeting or exceeding the customer’s requirements as set forth in the construction contract documents, (i.e., drawings and specifications) in a timely manner and within established budgets. It is also evidenced by receiving satisfactory references from the interviews, in which those interviewed are willing to contract with the Offeror again.

The term “Similar” projects shall be defined for evaluation purposes as renovation of occupied, multi-story, commercial/government office property type facilities that collectively (the three projects submitted) include 1) carpentry, 2) electrical, 3) plumbing,

4) HVAC, 5) flooring, 6) asphalt or concrete, and 7) painting or wall covering work as a part of the project scope. Award amount of the three (3) similar projects should be between $2,000 and $250,000.

Standard for evaluation: The standard is “met” when:

● Submitted projects were “Similar” and completed in a “Quality” manner within the last three (3) years as evidenced by the Offeror’s written response and references contacted.

Procedure for evaluation:

● Offeror’s projects will be evaluated for “Similarity” and “Quality” performance of the contract requirements. The Offerors shall provide project data and references for the project submitted. References provided by the Offeror may be contacted by the SSEB. This evaluation will consist of evaluating the offeror’s written response to the RFP and any references contacted. Review projects submitted and use judgment to evaluate: Was project size, scope, and complexity highly similar to GSA’s proposed project?

Did the Offeror submit sufficient written information to make this determination? If contacted, do the references confirm the role the Offeror’s performed on the project?

THE SUBMISSION FOR THE THREE (3) PROJECTS SHALL NOT EXCEED 1 PAGE

EACH. PAGES BEYOND THE LIMIT WILL NOT BE EVALUATED.

(PROJECT EXPERIENCE AND PAST PERFORMANCE FORM PROVIDED)

2. CONTRACT EXPERIENCE AND PAST PERFORMANCE

DESCRIPTION: This factor considers the “Quality” of the Offeror’s past performance on one (1) “Similar” contract with reference to such considerations as timeliness, owner/tenant satisfaction, and contract compliance.

Offeror shall submit a detailed description of one (1) contract for evaluation. Contract shall be identified by the Offeror as being “Similar” (as defined below) in contract type, size, scope, and complexity to the requirements provided in the specifications. Contract

(The Solicitation) Pages 11 of 39 shall be identified as being completed in a “Quality” (as defined below) manner. The Offeror is responsible for demonstrating how the contract they deem “Similar” is in-fact comparable in type, size, scope, and complexity. The Offeror is responsible for demonstrating how the contract they deem “Quality” was in-fact delivered in a timely manner, in accordance with established pricing, and to the customer’s satisfaction.

The term “Similar” shall be defined for evaluation purposes as a Multiple Year, Single Contractor Award, Indefinite Delivery Indefinite Quantity equivalent (IDIQ equivalent - the timing and number of orders to be issued are unknown) type of Construction contract, where price for work items is pre-established at the time of initial contract award, as follows:

The term “Quality” for evaluation purposes is defined as meeting or exceeding the customer’s requirements as set forth in the contract documents in a timely manner and in accordance with established pricing. It is also evidenced by receiving satisfactory references from the interviews, in which those interviewed are willing to contract with the Offeror again.

Standard for evaluation: The standard is “met” when:

● Submitted contract was “Similar” and completed in a “Quality” manner as evidenced by the Offeror’s written response and references contacted (3 points).

● Offeror’s contract will be evaluated for “Similarity” and “Quality” performance of the contract requirements. The Offerors shall provide contract data and references for the contract submitted. References provided by the Offeror may be contacted by the SSEB. This evaluation will consist of evaluating the Offeror’s written response to the RFP and any references contacted. Review contract submitted and use judgment to evaluate: Was the contract type, size, scope, and complexity highly similar to GSA’s proposed contract? Did the Offeror submit sufficient written information to make this determination? If contacted, do the references confirm the role the Offeror performed on the project?

THE SUBMISSION FOR CONTRACT EXPERIENCE SHALL NOT EXCEED 1 PAGE.

PAGES BEYOND THE LIMIT WILL NOT BE EVALUATED.

(CONTRACT EXPERIENCE AND PAST PERFORMANCE FORM PROVIDED).

C. MANAGEMENT AND TECHNICAL APPROACH

Maximum Score = 10 (2 elements x 5 points) Standard Score = 6 (2 elements x 3 points)

DESCRIPTION: This factor considers the Offeror’s Management and Technical Approach to successfully performing under the solicited Contract. Use of this single award, indefinite delivery, indefinite quantity job order contract is for the primary purpose of realizing efficiencies on small (less than Simplified Acquisition Threshold) orders. As a result, the Government expects timely and quality delivery of order requirements under the fair and reasonable pricing schedule that is awarded.

(The Solicitation) Pages 12 of 39

Offeror shall demonstrate their approach for controlling quality, responding to new orders, managing and completing multiple projects at once and in accordance with contract and task order requirements, and their approach for on-site staffing of this Indefinite Delivery Indefinite Quantity (IDIQ) contract and any/all of the delivery order jobs issued against the IDIQ contract.

Standard for evaluation: The standard is “met” when offer demonstrates their success and ability in:

Ensuring quality (3 points):

o Supervision, periodic inspections, punchlist, etc.;

Bidding, managing and completing projects in accordance with contract and task order requirements (3 points):

o Demonstrate how your company will be able to respond timely, responsibly (including observation of site conditions);

o On-site staffing;

o Communication (e.g coordinating with GSA throughout all points of the project, maintaining and communicating the project schedule, etc.);

o Controlling cost and budget (e.g. proposals, modifications, negotiations, etc.);

o Meeting contract submittal and documentation requirements;

o Timely closeout of projects, including punch-list and warranty items;

Offeror’s response will be evaluated for thoroughness and evidence of their ability to satisfy the contract requirements.

THE SUBMITTAL FOR THIS FACTOR SHALL NOT EXCEED 2 PAGES. PAGES

BEYOND THE LIMIT WILL NOT BE EVALUATED.

D. SMALL BUSINESS SOCIOECONOMIC FACTOR (5 points):

The contractor obtains points for this factor by being certified in one of the below socioeconomic categories:

- HUBZone

- Service Disabled Veteran Owned Small Business (SDVOSB)

- Women Owned Small Business (WOSB)

- Small Disadvantaged Business (SDB)

SUBMITTAL FOR THIS FACTOR IS NOT TO EXCEED ONE (1) PAGE TOTAL.

PAGES BEYOND THE LIMIT WILL NOT BE EVALUATED.

(FORM IS PROVIDED).

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System

(The Solicitation) Pages 13 of 39 for Award Management (SAM), accessed via https://www.sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8)

II.F. Requirements for Joint Venture Offerors

(1) All offers submitted by joint ventures must include a copy of an executed joint venture agreement (with original signatures) which fully discloses the legal identity of each member of the joint venture, the relationship between the members, the form of ownership of each member, and any limitations on liability or authority for each member.

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

(3) In the case of corporations that are joint venture members, the corporation secretary must certify that the corporation is authorized to participate in the joint venture, either by so certifying in the joint venture agreement, or by submitting a separate certification to the Government. The joint venture must also provide a certificate that identifies a principal representative of the joint venture with full authority to bind the joint venture.

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

III. General Provisions

III.A. Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract. Award of the contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of contract award.

III.B. Requests for Clarification or Interpretation The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but does not warrant that all such requests will be answered within 15 calendar days. 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.

(The Solicitation) Pages 14 of 39

III.E. Affirmative Procurement Program

GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports and FAR 52.223-10 encouraging vendors to practice waste reduction.

III.F. Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Contractor Performance Information

(1) Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov. Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

(2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS.

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

(3) Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

a. 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. 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

(The Solicitation) Pages 15 of 39 evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

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

This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

Marking CUI. Contractors must submit any contractor-generated documents that contain building information to GSA for review and identification of any CUI building information that may be included. In addition, any documents GSA identifies as containing CUI building information must be marked in accordance with the Order and the Marking Controlled Unclassified Information Handbook (the current version may be found at https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf) before the original or any copies are disseminated to any other parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document markings (CUI) to the original documents and all copies, before any dissemination, or authorized GSA employees may mark the documents.

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb).

Those with such a Lawful Government Purpose may include Federal, state and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov, and have a Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public safety entities such as fire and utility departments may have a Lawful Government Purpose to access CUI building information on a case-by-case basis. This clause must not prevent or encumber the necessary dissemination of CUI building information to public safety entities.

2. Dissemination of CUI building information:

a. By electronic transmission. Electronic transmission of CUI information outside of the GSA network must use session encryption (or alternatively, file encryption)

(The Solicitation) Pages 16 of 39 consistent with National Institute of Standards and Technology (NIST) SP 800-

171. Encryption must be through an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard or Triple Data Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2, Security Requirements for Cryptographic Modules, as required by GSA policy.

b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs, DVDs, and USB drives.

Nonelectronic forms of CUI building information include paper documents, photographs, and film, among other formats.

i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful Government Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause.

3. Record keeping. Contractors must maintain a list of all entities to which CUI is disseminated, in accordance with sections 2 and 3 of this clause. This list must include, at a minimum: (1) the name of the state, Federal, or local government entity, utility, or firm to which CUI has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the CUI building information, with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information; (3) contact information for the named individual;

and (4) a description of the CUI building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments that prevent unauthorized access. GSA contractors and subcontractors must not take CUI building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a Lawful Government Purpose for access.

5. Destroying CUI building information. When no longer needed, CUI building information must either be returned to the CO or destroyed in accordance with guidelines in NIST Special Publication 800-88, Guidelines for Media Sanitization.

6. Notice of disposal. The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 5 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term.

(The Solicitation) Pages 17 of 39

7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA Incident Response Team Center at gsa-ir@gsa.gov. If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of CUI building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

8. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.203-2 Certificate of Independent Price Determination (APR 1985)

As prescribed in 3.103-1, insert the following provision. If the solicitation is a Request for Quotations, the terms "Quotation" and "Quoter" may be substituted for "Offer" and "Offeror."

Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(The Solicitation) Pages 18 of 39

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the dis-closure

IV.B. FAR 52.204-3 Taxpayer Identification (OCT 1998)

As prescribed in 4.905 , insert the following provision:

Taxpayer Identification (Oct 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C.7701(c) and 3325(d), reporting requirements of 26 U.S.C.6041, 6041 A, and 6050 M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government ( 31 U.S.C.7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN).

□ TIN: ____________________________________.

□ TIN has been applied for.

□ TIN is not required because:

□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

□ Offeror is an agency or instrumentality of a foreign government;

□ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

(The Solicitation) Pages 19 of 39

□ Sole proprietorship;

□ Partnership;

□ Corporate entity (not tax-exempt);

□ Corporate entity (tax-exempt);

□ Government entity (Federal, State, or local);

□ Foreign government;

□ International organization per 26 CFR1.6049-4;

□ Other ___________________________________.

(f) Common parent.

□ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

□ Name and TIN of common parent:

□ Name ___________________________________

□ TIN____________________________________

IV.C. FAR 52.204-8 Annual Representations and Certifications (DEC 2022)

As prescribed in 4.1202(a), insert the following provision:

Annual Representations and Certifications (Dec 2022) (a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $45 million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition— (i)Is set aside for small business and has a value above the simplified acquisition threshold;

(ii)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (iii)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(The Solicitation) Pages 20 of 39

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation.

This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.

(viii) 52.209-5, CertificationRegarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).

This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(The Solicitation) Pages 21 of 39

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements.

This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204- 7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

(Basic, Alternates II and III.) This provision applies to…