GS05P10SAC0005 Volume III.pdf

GS-05P-10-SA-C-0005 - RECOVERY – HIGH PERFORMANCE GREEN BUILDING MODIFICATIONS

Robert W. Kastenmeier United States Courthouse Page 1 of 44 Madison, WI 53703 Volume III

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

Do not remove this notice.

Properly destroy documents when no longer needed.

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RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALLSS

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U.S. GENERAL SERVICES

ADMINISTRATION

Public Buildings Service

Property Management Service Center Minnesota / Wisconsin Service Center

230 S. Dearborn St., Ste. 3800 Chicago, IL 60604

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RECOVERY- HIGH PERFORMANCE GREEN

BUILDING MODIFICATIONS

Robert W. Kastenmeier United States Courthouse Madison, WI 53703

SSOOLLIICCIITTAATTIIOONN NNOO:: GS-05P-10-SA-C-0005

Volume III of III – Bid Forms

IISSSSUUEE DDAATTEE:: October 26, 2009

CCLLOOSSIINNGG DDAATTEE && TTIIMMEE:: November 25, 2009 3:00 PM (Central Time)

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U.S. General Services Administration Public Buildings Service Property Management Service Center Minnesota / Wisconsin Service Center 230 S. Dearborn St., Ste. 3800

GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA GGSSAA

Robert W. Kastenmeier United States Courthouse Page 2 of 44 Madison, WI 53703

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

TABLE OF CONTENTS

VOLUME I – CONTRACT CLAUSES

GSA FORM 3506 - Construction Contract Clauses for the American Recovery and Reinvestment Act of General Decision Number – WI080005 WI5 Modification 21 dated 08/07/2009 Davis-Bacon Note - Applicable Minimum Hourly Rates of Wages Section 00800 - Supplementary Conditions

VOLUME II – TECHINICAL SPECIFICATIONS

Section Title

SPECIFICATIONS GROUP

GENERAL REQUIREMENTS SUBGROUP

DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 Summary 01 14 00 Work Restrictions 01 26 00 Options 01 31 10 Project Management and Coordination 01 32 16 Construction Progress Documentation 01 33 00 Submittal Procedures 01 35 25 Fire Prevention and Protection In Construction, Alteration, and Demolition Projects 01 35 26 Safety and Health 01 42 00 References 01 45 00 Quality Control 01 50 00 Temporary Facilities and Controls 01 59 30 Security Requirements 01 60 00 Product Requirements 01 70 00 Execution Requirements 01 73 29 Cutting and Patching 01 73 50 Fire Prevention Precautions for Hot Work 01 74 00 Cleaning 01 74 19 Construction Waste Management 01 77 00 Closeout Procedures 01 78 23 Operation and Maintenance Documentation 01 78 43 Spare Parts and Maintenance Materials 01 79 00 Demonstration and Training

FACILITY CONSTRUCTION SUBGROUP

DIVISION 02 - EXISTING CONDITIONS

02 41 19 Selective Structure Demolition

DIVISION 03 – CONCRETE – NOT USED

DIVISION 04 – MASONRY – NOT USED

Robert W. Kastenmeier United States Courthouse Page 3 of 44 Madison, WI 53703

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

DIVISION 05 – METALS – NOT USED

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 10 10 General Carpentry

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 21 00 Thermal Insulation 07 41 00 Sheet Metal Wall Panels 07 54 00 Thermoplastic Membrane Roofing – Fully Adhered 07 62 00 Sheet Metal Flashing and Trim 07 84 00 Firestopping 07 90 00 Joint Protection

DIVISIONS 8 TO 19 - NOT USED

FACILITY SERVICES SUBGROUP

DIVISION 26 – ELECTRICAL

26 31 10 Utility Interactive Photovoltaic System

DRAWINGS

SHEET INDEX

T101 Title Sheet

DEMOLITION

D101 Roof Demolition Plan

ARCHITECTURAL

A101 Roof Plan A102 Option “A” South Vestibule Ceiling Plan A501 Roof Detail A502 Roof Detail A503 Roof Detail

VOLUME III – BID FORMS

Standard Form 1442 SOLICITATION OFFER AND AWARD Section 00120 SUPPLEMENTARY INSTRUCTIONS TO OFFERORS Attachment A PAST PERFORMANCE REFERENCE GSA Form 3502 SOLICITATION PROVISIONS (NEGOTIATED)

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

Report of CPG Items REPORT OF ALL COMPREHENSIVE PROCUREMENT GUIDELINES

(CPG) ITEMS

GSA Form 527 CONTRACTOR’S QUALIFICATIONS & FINANCIAL INFORMATION GSA Form 1903 NOTICE TO BIDDER Standard Form 24 BID BOND

END OF TABLE OF CONTENTS

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

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6. PROJECT PLAN

OFFER (Must be fully completed by offeror)

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AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

AWARD (To be completed by Government)

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CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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RECOVERY BASE AWARD - Roof replacement and Installation of a photo-voltaic array.

0001 RECOVERY BASE AWARD - Contractor shall provide all labor, materials and equipment necessary to install a highly insulated cool roof and a photovoltaic system, including all associated infrastructure, on the roof of the Kastenmeier Courthouse in accordance with the contract specifications.

TAS::47 4543:: TAS, Contracting Office Code SA000

1.00 LS

NTE NTE

0002 RECOVERY OPTION 1 - Install a glass ceiling at the employee entrance.

Contractor shall provide all labor, materials and equipment necessary to complete the associated energy conservation measure. Contractor shall submit a Price Not To Exceed (NTE) based on the level of detail contained in the specifications.

TAS::47 4543:: TAS, Contracting Office Code SA000

1.00 LS

NTE NTE

0003 RECOVERY OPTION 2 - Install a variable frequency drive (VFD) for lobby heating air handling unit (AHU-3).

Contractor shall provide all labor, materials and equipment necessary to complete the associated energy conservation measure. Contractor shall submit a Price Not To Exceed (NTE) based on the level of detail contained in the specifications.

TAS::47 4543:: TAS, Contracting Office Code SA000

1.00 LS

NTE NTE

0004 RECOVERY OPTION 3 - Revise VAV minimum air set points.

Contractor shall provide all labor, materials and equipment necessary to complete the associated energy conservation measure. Contractor shall submit a Price Not To Exceed (NTE) based on the level of detail contained in the specifications.

TAS::47 4543:: TAS, Contracting Office Code SA000

1.00 LS

NTE NTE

0005 RECOVERY OPTION 4 - Install variable fequency drives

(VFD's) for heating hot water pumps.

Contractor shall provide all labor, materials and equipment necessary to complete the associated energy conservation measure. Contractor shall submit a Price Not To Exceed (NTE) based on the level of detail contained in the specifications.

TAS::47 4543:: TAS, Contracting Office Code SA000

1.00 LS

NTE NTE

0006 RECOVERY OPTION 5 - Install vertical axial type wind turbines on the roof.

Contractor shall provide all labor, materials and equipment necessary to complete the associated energy

1.00 LS

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

conservation measure. Contractor shall submit a Price Not To Exceed (NTE) based on the level of detail contained in the specifications.

TAS::47 4543:: TAS, Contracting Office Code SA000

NTE NTE

0007 RECOVERY OPTION 6 - Replace 32W T8 lamps with

25W T8 lamps.

Contractor shall provide all labor, materials and equipment necessary to complete the associated lighting energy conservation measure. Contractor shall submit a Price Not To Exceed (NTE) based on the level of detail contained in the specifications.

TAS::47 4543:: TAS, Contracting Office Code SA000

1.00 LS

NTE NTE

0008 RECOVERY OPTION 7 - Install occupancy sensor controls throughout the building.

Contractor shall provide all labor, materials and equipment necessary to complete the associated lighting energy conservation measure. Contractor shall submit a Price Not To Exceed (NTE) based on the level of detail contained in the specifications.

TAS::47 4543:: TAS, Contracting Office Code SA000

1.00 LS

NTE NTE

0009 RECOVERY OPTION 8 - Install daylight harvesting systems and relamping at exterior windows.

Contractor shall provide all labor, materials and equipment necessary to complete the associated lighting energy conservation measure. Contractor shall submit a Price Not To Exceed (NTE) based on the level of detail contained in the specifications.

TAS::47 4543:: TAS, Contracting Office Code SA000

1.00 LS

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Robert W. Kastenmeier United States Courthouse Page 8 of 44 Madison, WI 53703

Section 00120

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

SECTION 00120 - SUPPLEMENTARY INSTRUCTIONS TO OFFERORS

NEGOTIATED

1. EXPLANATION TO PROSPECTIVE OFFERORS

Interested prospective offerors should request clarifications or interpretations of bid documents not less 7 calendar days prior to the date set for receipt of offers.

2. 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). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

3. PRICE RANGE

The estimated price range for the project is between $500,000 and $1,000,000.

4. RESERVED

5. FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) (Applicable to solicitations resulting in construction contracts in excess of $10,000.)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance

Requirements for Construction clause of this solicitation.

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

Goals for Minority Participation for Each Trade Goals for Female Participation for Each Trade

2.9% 6.9%

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

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR

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

Robert W. Kastenmeier United States Courthouse Page 9 of 44 Madison, WI 53703

Section 00120

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

(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 Milwaukee County, Milwaukee, Wisconsin.

6. VISIT TO SITE

A site visit is scheduled in concurrence with the pre-bid / pre-proposal conference Monday, November 9, 2009 at 2:00 pm. Parties will meet in Room 220 at the subject location. If you have questions regarding the site visit please contact:

Name: Brian Weiss Title: Contract Specialist Address: 230 S. Dearborn Street, Suite 3800

Phone: (312)886-4112

ATTENTION:

The site visit portion of the pre-proposal conference involves access to restricted areas. The document security notice preceding the table of contents in Volume I of the solicitation, along with the adjacent cover sheet and items specified therein, MUST be returned via fax or email no later than Noon (Chicago Time) Friday, November 6 to the specified fax number or email address. All individuals wishing to attend the site visit portion of the pre-proposal conference MUST complete this documentation and return it by the requested time. Individuals without this documentation WILL NOT be allowed on the site visit portion of the pre-proposal conference. You MUST bring a Government Issued photo ID to attend any portion of the Pre-Proposal Conference (i.e. driver’s license).

7. QUALIFICATIONS OF OFFERORS

Each offeror submitting a proposal on the work required by this solicitation is requested to submit with their proposal evidence of their financial responsibility and capacity to carry out the terms of the contract.

This information should be submitted 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.

8. SUBMITTING OFFERS

Offers are due at the time and place specified elsewhere in this solicitation. Proposals and modifications to proposals shall be submitted in sealed envelopes or packages showing the time and date specified for their receipt, the solicitation number, and the name and address of the offeror.

Robert W. Kastenmeier United States Courthouse Page 10 of 44 Madison, WI 53703

Section 00120

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

9. FAR 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS FPMR

PART 101-29 (AUG 1998) (Applicable to solicitations that cite specifications listed in the Index that are not furnished with the solicitation)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

10. FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF

FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS (JUN

1988) (Applicable to solicitations that cite specifications not listed in the Index and are not furnished with the solicitation)

(a) The specifications cited in this solicitation may be obtained from: GSA Specifications Unit at (202) 755-0325. MIL Specifications may be obtained by calling (215) 697-2179.

(b) The request should identify the solicitation number and the specification required by date, title, and number as cited in the solicitation.

11. AVAILABILITY OF OTHER REFERENCE DOCUMENTS

Other reference documents cited in this solicitation may be obtained from the organizations responsible for their preparation, maintenance, and publication. These are listed in the section DEFINITIONS AND STANDARDS of the technical specification.

12. PERMITS

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and for complying with any federal, state, and municipal laws, codes and regulations applicable to the performance of the work.

13. DAMAGE

The Contractor shall also be responsible for all damage to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, workers, the public, and the property of others. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

Robert W. Kastenmeier United States Courthouse Page 11 of 44 Madison, WI 53703

Section 00120

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

14. PRICE PROPOSAL

A lump sum offer is required for all work shown on the drawings and specifications relating to base award work of the roof replacement and photo-voltaic array installation. The offer should be provided on the schedule page of the Standard Form 1442. The lump sum pricing will be evaluated at the time of award.

Not to exceed pricing is required for the options based on the scopes provided. NTE pricing for options will be evaluated at the time of award. Base award pricing submitted will be combined with the NTE pricing submitted for the options to calculate Total Evaluated Price (TEP).

Each TEP will be compared against other offers received and to the Government cost estimate.

15. BASIS OF AWARD

The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforms to the solicitation and provides the best value to the Government, based on the evaluation factors. The following factors shall be used to evaluate proposals: (1) Past Performance and (2) Price Proposal. Past Performance is significantly more important than price. As proposals become more equal in terms of past performance, the total evaluated price becomes more important.

16. DESCRIPTION OF EVALUATION FACTORS

A. Minimum Requirements, “Go, No-Go” Factors. The following requirements will be evaluated on a “Go, No-Go” basis as shown in Attachment A. If a reference is to be considered for a “Go, No-Go” factor, the factor it is being submitted for must be marked on the Attachment A.

All projects submitted as evidence of past performance or as past performance references by the contract must meet all four numbered criteria to be considered relevant. The contractor must submit at least 1 project for each of the lettered criteria A and B below as evidence of experience.

It is permissible for one project to fulfill multiple go / no-go factors, as well as serve as a past performance reference.

Any project fulfilling the go / no-go factors below must first meet the following criteria.

1) If this is a completed contract, the contract was completed no more than five years from the closing date of this solicitation.

2) If this is a current contract, it is least 90% complete from the closing date of this solicitation.

3) The contract is/was for space alterations or repairs and/or roof construction or replacement in a commercial or Government facility.

4) The contract value is/was greater than or equal to $500,000.

The project fulfilling the go / no-go factor must also must also conform with the specific experience requirement(s) it is submitting for.

A. Experience in Roof Replacement.

The firm must represent that they have completed a minimum of one (1) project, and provide a reference for that project on the Attachment A, that:

Robert W. Kastenmeier United States Courthouse Page 12 of 44 Madison, WI 53703

Section 00120

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

-Fulfills all 4 numbered criteria as listed in previously in Section 6.

-Involves roof construction or replacement in a commercial or Government facility. The gross square footage of roof area is/was greater than 10,000 square feet.

Projects used to fulfill other experience requirements may also be used to fulfill this requirement.

B. Experience in Subcontracting

The firm must represent that they have completed a minimum of one (1) project, and provide a reference for that project on the Attachment A, that:

-Fulfills all 4 numbered criteria as listed in previously in Section 6.

-Involves the offeror in the role of General Contractor.

-Subcontracting must account for upwards of 50% of the project cost.

Projects used to fulfill other experience requirements may also be used to fulfill this requirement.

If projects meeting the Go / No-go factors are not submitted, the offeror will not be further evaluated.

B: Past Performance

Past Performance is defined as follows: Past performance is relevant information regarding an offeror’s actions under previously awarded contracts. The criteria which relevant past performance will be rated on includes the offeror’s compliance with the terms and conditions of the contract; overall quality of performance, record of conforming to contract requirements and to standards of good workmanship; the offeror’s adherence to contract schedules, including the administrative aspects of performance; the responsiveness and communication of managerial staff; over all contract performance; and a previous/current customer’s desire to contract with the firm again. To be relevant, past performance information must be provided for contracts that are similar (or greater) in terms of the relevant past performance criteria listed below. The contracts submitted may have been Governmental (Federal, State, or Local) or private sector contracts.

Past performance will be considered relevant if it meets/addresses all of the following criteria:

1) If this is a completed contract, the contract was completed no more than five years from the closing date of this solicitation.

2) If this is a current contract, it is least 90% complete from the closing date of this solicitation.

5) The contract is/was for space alterations or repairs and/or roof construction or replacement in a commercial or Government facility.

6) The contract value is/was greater than or equal to $500,000.

Offerors shall complete attachment A–Past Performance Reference Sheet at the end of this section. This form must be completed for each reference submitted that meets the criteria identified above. The offeror cannot use the same reference/contact person more than once. Past performance will be evaluated by analysis of information provided by the offeror and by interviews with the offeror’s past and/or current customers.

While the offeror must provide a minimum of three customer references for past performance evaluations, they may provide more (but in no case shall they submit more than 6 references). The

Robert W. Kastenmeier United States Courthouse Page 13 of 44 Madison, WI 53703

Section 00120

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

Government is not required to conduct or complete reference checks on more than three contracts, although it may choose to do so. Additionally, if more than three references are provided, the Government reserves the right to choose which references to include in its evaluation. No more than one of the references included in the evaluation may be for current, uncompleted contracts.

Analysis of each offeror’s past performance information will result in an overall past performance rating being assigned to each offeror.

In addition to those references provided directly by the offeror, the Contracting Officer may identify and analyze the past performance of the offeror on any other contract that they currently have or had of which the Contracting Officer has knowledge or obtains knowledge, including but not limited to projects listed in the Past Performance Information Retrieval System (PPIRS). Because of the wide variety of past performance history of individual offerors, the Government is not required to ensure than an equal number of references be obtained for each offeror.

The offeror may submit information on problems encountered on the projects submitted under Past Performance and explain the corrective action(s) taken.

In addition to those references provided directly by the offeror, the Contracting Officer may identify and analyze the past performance of the offeror on any other relevant contract that the offeror currently has or had of which the Contracting Officer has knowledge or obtains knowledge, including but not limited to projects listed in the Past Performance Information Retrieval System (PPIRS). Because of the wide variety of past performance history of individual offerors, the Government is not required to ensure that an equal number of references be obtained for each offeror.

The relevant past performance references contacted will be evaluated with an adjectival rating, which in turn will be translated into a numerical score, as indicated in the chart below. The ratings will then be averaged for a composite score. The composite score may fall anywhere along this scale, for example, a 4.5.

FAR 15.305(a)(2)(iv) states, “In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.” Therefore, failure of the offeror to provide a minimum of three relevant references that meet the criteria listed above, and/or the inability of the Government to complete a minimum of three reference checks, after making a reasonable effort to do so, will result in

ADJECTIVAL

RATING

NUMERICAL

SCORE

DESCRIPTION

Excellent 5 Past performance significantly exceeds in all aspects of the requirements; high probability of success; no significant weaknesses.

Very Good 4 Past performance exceeds, to varying degrees, one or more of the requirements.

Satisfactory 3 Past performance meets, in all aspects, the requirements.

Marginal 2 Past performance does not meet all requirements.

Poor 1 Past performance does not meet any of the requirements.

Neutral Did not submit the minimum number of relevant past performance references and no other relevant references could be obtained by the contracting officer

Robert W. Kastenmeier United States Courthouse Page 14 of 44 Madison, WI 53703

Section 00120

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

the offeror being rated as “neutral” on the past performance factor. In the event the offeror submits as a joint venture/team, unless the references submitted are for the joint venture, each firm in the joint venture will be rated as “neutral” on the past performance factor.

The Government will not consider past performance information submitted by the offeror for any project for which the offeror was not the prime contractor. The Government will not consider past performance information submitted by the offeror for predecessor companies or key personnel.

JOINT VENTURE (TEAM ARRANGEMENTS)

An authorized representative of each entity of the joint venture must sign the proposal. All offers submitted by joint ventures must include 1) a copy of the executed joint venture agreement (with original signatures) or 2) an executed memorandum of agreement by all parties to the venture, notarized with original signatures, which fully discloses the proposed relationship between the venture entities and the form of ownership of each.

In the case of corporations that are joint venture entities, 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 single point of contact, i.e., a principal representative (by name) of the joint venture for purposes of resolution of contractual matters and payment issues.

Failure to comply with the requirements above may render the offeror ineligible for award.

The Government will only consider past performance information submitted for work performed by the joint venture (including joint ventures established through the 8(a) Business Development Mentor- Protégé Program). The Government will not consider past performance information for work performed individually by each firm in the joint venture. (including joint ventures established through the 8(a) Business Development Mentor-Protégé Program).

**** END OF SECTION 00120 ****

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Section 00120

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

Attachment A –Past Performance Reference

PAST PERFORMANCE REFERENCE

ATTACHMENT A

Note: In accordance with the instructions contained in the paragraph entitled Basis of Award, the offeror shall complete this form and submit as part of their proposal. Make additional copies as necessary and complete one form for each reference. Please number each sheet (e.g. 1 of 6, 2 of 6) based on the number of references that you are submitting (minimum of 3, no more than 6).

1. OFFEROR (COMPANY NAME) 2. REFERENCE # OF

3. THIS PAST PERFORANCE REFERENCE IS FOR (select one)

NOTE TO OFFEROR: The Government reserves the right to approve or disapprove any changes in key personnel and/or subcontractor proposed by the Contractor after award. (See Section 00800 for further information)

OFFEROR

Does this reference fulfill a Go / No-Go Factor? Y N If Yes, please mark appropriate experience factor: Roof Construction _________ Subcontracting _________

4. CONTRACT STATUS AND TYPE

CURRENT GOVERNMENT

PREVIOUS NON-GOVERNMENT

5. PROJECT NAME AND LOCATION (BUILDING, CITY, STATE)

6. CONTRACT NUMBER (IF FEDERAL GOVERNMENT CONTRACT) 7. CUSTOMER (COMPANY NAME OR GOVERNMENT AGENCY)

8. CONTACT PERSON (NAME AND TITLE)

9. CONTACT PHONE NUMBER

10. TYPE OF FACILITY (office building, courthouse, hospital, school, etc.) 11. SIZE OF PROJECT (SQUARE FOOTAGE)

12. THE CONTRACT IS/WAS FOR SPACE ALTERATIONS OR REPAIRS AND/OR ROOF CONSTRUCTION

OR REPLACEMENT IN A COMMERCIAL OR GOVERNMENT FACILITY.

YES NO

13. IF COMPLETED PROJECT – COMPLETED ON TIME?

YES NO (If No, explain on back)

13A. START DATE 13B. COMPLETION DATE 13C. NUMBER OF DAYS

14A. IF CURRENT PROJECT – ON SCHEDULE?

YES NO (If No, explain on back)

14B. START DATE 14C. ESTIMATED COMPLETION DATE 14D. PERCENT COMPLETED

No less than 90%)

15. DESCRIPTION OF PROJECT AND COMPLEXITY

16. LIST WHICH ELEMENTS OF THE PROJECT WERE SUBCONTRACTED

17. PROBLEMS ENCOUNTERED AND CORRECTIVE ACTIONS TAKEN

GS-05P-09-SA-C-0052 - RECOVERY – LIGHT COURT ROOF REPLACEMENT

United States Courthouse and Federal Building Page 16 of 44 Milwaukee, WI 53202

Last modified 07/07/2009

AMERICAN RECOVERY AND REINVESTMENT ACT

NEGOTIATED SOLICITATION PROVISIONS

FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

FAR 52.207-2 NOTICE OF STREAMLINED COMPETITION (MAY 2006) (Applicable only if solicitation is issued for the purpose of comparing the cost of Government and contractor performance)

(a) This solicitation is part of a streamlined competition under Office of Management and Budget Circular No. A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003 (hereafter “the Circular”), to determine whether to accomplish the specified work under contract or by Government performance.

(b) The Government will evaluate the cost of private sector and Agency or public reimbursable performance, as provided in this solicitation and the Circular.

(c) A performance decision resulting from this streamlined competition will be publicly announced in

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Other Negotiated Solicitation Procedures accordance with the Circular. If the performance decision favors private sector performance, the Contracting Officer shall either award a contract or issue a competitive solicitation for private sector offers. If the performance decision favors Agency or public reimbursable performance, the Agency shall establish, respectively, either a letter of obligation or a fee-for-service agreement, as those terms are defined in the Circular.

FAR 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

FAR 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S. dollars shall be rejected.

FAR 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN 2004)

(a) Definitions. As used in this provision-

"Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

"In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

"Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show-

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

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(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition;

and-

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award.

Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

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(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

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(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

FAR 52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003) (Applicable when solicitation results in contracts that are subject to the cost principles for contracts with commercial organizations).

(a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in FAR 31.205-10(b) are met. One of the allowability criteria requires the prospective contractor to propose facilities capital cost of money in its offer.

(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.

FAR 52.216-1 TYPE OF CONTRACT

The Government contemplates award of a firm-fixed contract (unless indicated otherwise elsewhere in this solicitation) resulting from this solicitation.

GSAR 552.219-73 GOALS FOR SUBCONTRACTING PLAN (JUNE…