Revised R8 MACC IDIQ Solicitation.docx

GSA Solicitation No 47PJ0020R0064.

Multi-Award Indefinite-Delivery, Indefinite-Quantity Construction Contract for Projects in Region 8 (Colorado, Utah, Wyoming, North Dakota, South Dakota, and Montana).

The Solicitation Dated February 27, 2020

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:

FAR 52.219-6, Notice of Total Small Business Set Aside (Nov 2011)

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 of Joint Venture Offerors

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

IV. FAR/GSAR Solicitation Provisions A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 98) B. FAR 52.216-1 Type Of Contract C. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction E. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials F. Buy American Exceptions G. FAR 52.233-2 Service of Protest H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference I. GSAR 552.102 Incorporating Provisions and Clauses by Reference J. FAR 52.219-13 Notice of Set – Aside of Orders (Nov 2011) K. GSAM 552-217.71 Notice Regarding Options(s) (Nov1992) L. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) C. GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (DEVIATION I) (AUG 2019) D. FAR 52.219-14 Limitations on Subcontracting E. FAR 52.219-18 Notice of Competition Limited to 8(a) Eligible Participants F. FAR 52.223-21, FOAMS (Jun 2016) G. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 H. Security Requirements I. Additional Clauses

(i) GSAR Clause 552.211-10 Commencement, Prosecution and Completion of Work (Mar 2019)

(ii) GSAR Clause 552.211-12, Liquidated Damages-Construction (Mar 2019)

(iii) GSAR Clause 552.211-13, Time Extensions (Mar 2019)

(iv) GSAR Clause 552.211-70, Substantial Completion (Mar 2019)

(v) GSAR Clause 552.232-5, Payment Under Fixed Price Construction Contracts (Mar 2019)

(vi) GSAR Clause 552.236-6, Superintendence by the Contractor (Mar 2019)

(vii) GSAR Clause 552.236-11, Use and Possession Prior to Completion (Mar 2019)

(viii) GSAR Clause 552.236-15, Schedules for Construction Contracts (Mar 2019)

(ix) GSAR Clause 552.236-21, Specifications and Drawings for Construction (Mar 2019)

(x) GSAR Clause 552.236-70, Authorities and Limitations (Mar 2019)

(xi) GSAR Clause 552.236-71, Contractor Responsibilities (Mar 2019)

(xii) GSAR Clause 552.236-72, Submittals (Mar 2019)

(xiii) GSAR Clause 552.236-73, Subcontracts (Apr 1984)

(xiv) GSAR Clause 552.243-71, Equitable Adjustments (Mar 2019) VI. Method Of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness/Price Realism D. Maximum Forward Pricing Rates E. Non Price Factors

I. General Information I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Total Small Businesses Participants, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Multi Award Indefinite-Delivery, Indefinite-Quantity construction contract (MACC) as described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offerors, 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.

(4) At the task order level GSA reserves that right to set aside to any socioeconomic category.

I.B. List of Solicitation Documents The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement and Attachments to the Agreement

(5) Other Forms Required For Submission with Proposals

(6) Attachment 1 to GSA Solicitation No. 47PJ0020R0064 – Relevant Experience

(7) Attachment 2 to GSA Solicitation No. 47PJ0020R0064 – Past Performance Questionnaire

(8) Other Forms Required For Submission with Proposals

I.C. Authorized Representatives The following individuals are designated as the authorized GSA representatives under this Solicitation:

Authorized Representative Information:

Contracting Officer’s Information

Name: Len Wilson

Address: Denver Federal Center W. 6th Ave. & Kipling Street Lakewood, Colorado 80225--0546

Telephone: 303.594.9195

Email: len.wilson@gsa.gov

Alternate POC Information

Name: Corey Roundfield

Address: : Denver Federal Center W. 6th Ave. & Kipling Street Lakewood, Colorado 80225--0546

Telephone: 720.656.0243

Email: corey.roundfield@gsa.gov

I.D. Pre-Proposal Conference For this acquisition there will be no pre-proposal conference. Contractors will instead be allowed to Request for Information (RFI) from GSA. All RFI’s must be submitted in writing and are due NO LATER than March 14, 2020 @ 4:00PM mountain standard time. Answers to the RFIs will be posted by Mach 21, 2020 4:00 pm mountain standard time.

I.E. Estimated Price Range

The aggregate value of all awards is $250,000,000 for a total of a 5 year period of performance and will be shared by all awardees.

The following is provided for informational purposes only. Offerors should be aware that annual budgets are highly variable and the actual quantities and value of work changes annually. Data shows that GSA, PBS Region 8 executes about 30 - 50 contract actions annually to perform minor alterations and repairs that fall within the scope of construction services covered by the IDIQ MACC. GSA also executes reimbursable work authorizations on behalf of other agencies for tenant improvement projects. The expected average dollar value of projects executed under the scope is over $250,000 to $5,000,000.

See the Agreement, paragraph I.D and Section II.

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

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

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

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

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

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

I.G. FAR 52.236-27 Site Visit – Construction (Feb 95) N/A 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 4:00 pm mountain standard time on the following date and at the following address.

Date: April 10, 2020

Address: Attention: Len Wilson U.S. General Services Administration One Denver Federal Center, Building 41, Room 240 W. 6th & Kipling Street Denver, Colorado 80225-0546

Offerors must submit proposals electronically to the contracting specialist, Corey Roundfield, at corey.roundfield@gsa.gov. Offerors should copy the Contracting Officer, Len Wilson, at len.wilson@gsa.gov.

Electronic submission of the offer is encouraged for this requirement. Please be advised that it may take several minutes for an electronic transmission to be received once sent. Electronic transmissions are limited to 25 MB. Encrypt an electronic submission with personally identifiable information (PII) or sensitive but unclassified (SBU) information with an approved encryption method described in GSA IT Security Policy, GSA Order CIO P2100.1K, dated June 30, 2017, and in accordance with FIPS PUB 140-2, “Security Requirements for Cryptographic Modules” and any other applicable standards.

(2) No hard copies shall be accepted.

(3) Offers sent by email (or electronic correspondence) shall be deemed in receipt according to the time shown on the time stamp of the recipient’s inbox.

II. Proposals The offeror’s proposal must include all data and information requested. Any offeror who submits an incomplete package may be considered ineligible for award. Non-conformance with the instructions provided may result in an unfavorable proposal evaluation. Material contained in proposals that exceed the requisite page limit will be disregarded and not considered in the evaluation. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation. The proposal should not simply rephrase or restate the Government's requirements, but rather provide convincing, factually-based explanation on how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience. The Government will base its evaluation on the information presented in the offeror’s proposal, and the Government reserves the right to use any past performance information available to it. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions. Changes to the solicitation prior to the deadline for receipt of proposals will be executed via issuance of SF-30. The SF-30 will be posted and available on http://www.fbo.gov under the announcement number of the solicitation. Offerors are encouraged to check the solicitation announcement regularly to verify issuance of amendments. Offerors shall acknowledge receipt of any amendment and provide confirmation upon submission of the offeror’s proposal on the SF1442. Any unacknowledged amendments in the offeror’s proposal will be considered deficiency in the evaluation of the proposal.

II.A. Proposal Contents Proposals shall consist of the following documents, completed and executed in accordance with this Solicitation:

1. Volume 1: Price Proposal

· Standard Form 1442

· Pricing Supplement to Standard Form (SF) 1442

2. Volume 2: Technical Proposal

· See Section II.D and V. for technical proposal contents

· Offeror Representations and Certifications (C301)

II.B. Proposal Format Offerors are required to submit proposals as described in Section II of the Solicitation. Proposals shall be submitted on non-reduced 8-½” x 11” pages with margins of no less than 1”. All proposals received shall be evaluated for acceptability, but shall not be ranked using non- price factors. Any diagrams, forms, indices, tables, graphs, or non-narrative content may be included as an attachment to the proposal. Offerors must use a font size of 10-point or larger and the font type must be Arial or Times New Roman.

For each requested project, Offerors may use two pages for each submitted Relevant Contract/Task Order (see definition in Section II.D.) to respond to the Offeror Past Experience. References may use up to 24,000 characters to provide responses to the ratings for each question requested on the Offeror Past Performance Questionnaire. References are also permitted to provide any other requested information on the Past Performance Questionnaire. Offeror’s may use up to fifteen pages to respond to the technical factor for the Offeror’s Management Plan. The Government will not evaluate any technical information that exceeds the page limitations specified above.

Offerors may elect to submit an electronic copy of the proposal with the subject line: “PROPOSAL – Region 8 MACC IDIQ” or should include the subject as a title page if submitting a hard copy.

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

(1) Attachment Labeled “(Contractor Name) Pricing – Region 8 MACC IDIQ”; and

(2) Attachment Labeled “(Contractor Name) Technical – Region 8 MACC IDIQ” II.C. Price Proposal

(1) Contents The Price Proposal shall consist of the SF 1442 and the pricing information required in the sample Task Order (total cost for all CSI Masterformat 2016 Divisions), Representatives and Certifications, and Maximum Forward Pricing Rates

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

(3) Additional Proposal Requirements: The instructions for the sample project and where the unit pricing sheet is located in the solicitation.

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

The evaluation factors for award of the IDIQ contract(s) and Task Order 1 are listed in descending order of importance and weighted accordingly: Offeror’s Relevant Experience, Offeror’s Past Performance, Technical Approach, and Schedule.

For award of the IDIQ contract(s), Non-Price Factors, when combined, are approximately equal to cost/price. The Government’s sources of information for evaluating offeror experience and offeror’s past performance may include, but are not limited to, any and all information the Government may become aware of (whether or not before or after the deadline for initial offers and whether or not the sources are provided by the offeror). The burden of providing detailed, current, accurate, and complete past performance information by the deadline for initial offers rest with the offeror and its’ evaluators. GSA may also elect to contact and question the past performance references directly.

An offeror’s failure to comply with the instructions in this solicitation may render the offeror ineligible for award. Completed Section 2 of the OFFEROR’S RELEVANT EXPERIENCE/PAST PERFORMANCE QUESTIONAIRE provided by other than the reference directly to the Government or received after the deadline for initial proposals in this solicitation may result in that information not being considered as part of the evaluation process.

For factors 1 and 2, “Relevant Project(s)” means a project meeting all of the following characteristics: Comment by RobertWSchlattman: This definition for Relevant project should be moved to right above factor 1.

1. Offeror was the Prime Contractor.

2. Project was completed within the past 5 years prior to issuance of the solicitation.

3. Total cost of construction and/or repairs and alteration (R&A) exceeded $250,000.

4. Building Construction and/or R&A within Buildings.

5. At least five (5) of the of the CSI Masterformat 2016 Divisions were used in the performance of the Project.

(1) Offeror’s Relevant Experience This factor considers the extent that the offeror has completed Relevant Projects.

Submittal Requirements: The Offeror should submit a minimum of three (3) Relevant Project examples.. Offeror shall submit with its proposal one Attachment 1 - OFFEROR’S RELEVANT EXPERIENCE/PAST PERFORMANCE QUESTIONAIRE for each Relevant Project submitted for Factor 1 (with the Section 1 completed by the offeror). Offeror shall also provide the Attachment 1 – OFFEROR’S RELEVANT EXPERIENCE/PAST PERFORMANCE QUESTIONAIRE (with the Section 1 completed by the offeror) to its reference who will be completing Section 2 of the Attachment 1 - OFFEROR’S RELEVANT EXPERIENCE/PAST PERFORMANCE QUESTIONAIRE (see Factor 2). The reference is responsible for submitting the OFFEROR’S RELEVANT EXPERIENCE/PAST PERFORMANCE QUESTIONAIRE (both sections completed) directly to the Government (as discussed in Factor 2 below) by the deadline for initial proposals.

For factors 1 and 2, “Relevant Project(s)” means a project meeting all of the following characteristics:

A more favorable rating will be given to offerors who can demonstrate the following experience:

1. Relevant Project example was completed for the United States Federal Government as the owner (If Federal Government the owner, provide contract number)

2. Total cost of construction and/or R&A Relevant Project example exceeded $2 million.

3. Relevant Project used the design build delivery method where the offeror managed the design services, through a licensed architect or engineer.

4. Construction and/or R&A of Relevant Project performed in a tenant occupied space where tenant occupancy was maintained.

Standard of Evaluation - The standard for this factor is met when the offeror demonstrates that it has at least three (3) Relevant Projects.

(2) Offeror’s Past Performance This factor considers the offeror's past performance on Relevant Projects.

Submittal Requirements - For each Relevant Project example provided in Factor 1, Offeror shall provide the completed Attachment 1 - OFFEROR’S RELEVANT EXPERIENCE/PAST PERFORMANCE QUESTIONAIRE (see Factor 1) to the reference along with Attachment 1 – OFFEROR’S RELEVANT EXPERIENCE/PAST PERFORMANCE QUESTIONAIRE (with the Section 2 blank). The reference must provide the completed Attachment 1 – OFFEROR’S RELEVANT EXPERIENCE/PAST PERFORMANCE QUESTIONAIRE (both sections completed) directly to the Government (Len Wilson at len.wilson@gsa.gov. Past Performance Questionnaires are due as provided for and no later than the proposal due date for this Solicitation. Past performance ratings for Relevant Projects found in Contractor Performance Assessment Reporting System (CPARS) or Past Performance Information Retrieval System (PPIRS) or other sources may also be used to evaluate each offeror’s past performance.

Standard for Evaluation - The standard for this factor is met when none of the references are below satisfactory for the offeror’s past performance on Relevant Projects.

(3) Technical Approach This evaluation factor considers the offeror’s proposed technical approach to meet the requirements of the sample scope of work in Attachment 2.

Submittal Requirement: The Offeror’s Technical approach narrative shall be no more than five (5) single-sided, 8.5 x 11-inch pages, single spaced, with a minimum 11-point font, Arial or Times New Roman style, with a minimum half-inch left and right and bottom margin, and one-inch top margin.

The technical approach narrative should explain the offeror’s Design Build strategy at the pre proposal, design phase, and construction phase to complete the project described in the sample scope of work.

Standard of Evaluation - The standard for this factor is met when the offeror’s technical approach adequately explains the offeror’s Design

(4) Schedule This factor considers the offeror’s schedule to meet the requirements of the attached sample scope of work.

Submittal Requirement: The offeror shall submit a schedule in Gantt Chart format using Microsoft, primavera, or equal in quality software for completion of the project described in the sample scope of work. The schedule should be detailed, showing an identified critical path and all major construction activities for each phase of construction and design for the sample scope of work. The schedule should be achievable meeting the constraints of occupancy, material lead time, labor, and equipment.

Standard of Evaluation - The standard for this factor is met when the offeror provides a Gantt chart schedule (using Microsoft, primavera, or equal in quality software) that is:

1. adequate to meet the requirements of the attached sample scope of work;

2. detailed, showing an identified critical path and all major construction activities for each phase of construction and design for the sample scope of work; and

3. achievable, meeting the constraints of occupancy, material lead time, labor, and equipment.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications Offerors are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via System for Award Management. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301-SAT).

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

II.F. Requirements of Joint Venture Offerors

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

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

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

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

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

III.B. Requests for Clarification or Interpretation The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but do not warrant that all such requests will be answered within 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) (Small Business Administration). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.D. Information Concerning the Disclosure of Solicitation Results This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by FAR 15.503.

III.E. Affirmative Procurement Program GSA has implemented an Affirmative Procurement Program (APP) intended to maximize the use of recovered materials, environmentally preferable, and bio-based products. Offerors should familiarize themselves with the requirements for using and reporting on the use of such materials in performance as set forth in the Agreement. Refer to Clause FAR 52.223-10 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

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

0. 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.

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

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

III.H. Safeguarding Documents Designated as Sensitive But Unclassified Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision “Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

IV. FAR/GSAR Solicitation Provisions IV.A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 98)

(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.

IV.B. FAR 52.216-1 Type of Contract (APR 84) The Government contemplates award of multiple award indefinite delivery indefinite quantity contract resulting from this solicitation.

IV.C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 14) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work.

IV.D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction (FEB 1999) (Applicable to solicitations resulting in construction contracts in excess of $10,000.)

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

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

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is: All of Region 8 to include: Colorado, Montana, North Dakota, South Dakota, Wyoming, and Utah

IV.E. FAR 52.225-10 Notice of Buy American Requirement—Construction Materials. (MAY 2014)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

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

(ii) May be accepted if revised during negotiations.

IV.F. Buy American Exceptions For Buy American exceptions, if any, see the applicable Buy American clause in Section IV of the Agreement IV.G. FAR 52.233-2 Service of Protest (SEP 06)

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

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

IV.H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

Federal Acquisition Regulation

IV.I. GSAR Clause 552.102 Incorporating Provisions and Clauses This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

IV.J. FAR 52.219-13 Notice of Set – Aside of Orders (Nov 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

IV.K. GSAM 552-217.71 Notice Regarding Options(s) (Nov1992) The General Services Administration (GSA) has included an option to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.

IV.L. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98) GSAR 552.102 Incorporating Provisions and Clauses by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/browse/index/far

V. Instructions and Clauses V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (Jan 2017)

(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);

(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.

(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.