RFP 47PF0020R0098 JCK IRS CMc.pdf

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISEMMINATION, OR DISTRIBUTION OF THESE SPECIFICATIONS TO UNAUTHORIZED

PERSONS IS PROHIBITED

Do Not Remove This Notice

Properly Destroy Documents When No Longer Needed

REQUEST FOR PROPOSAL

(RFP)

U.S. General Services Administration

Public Building Service Acquisition Management Division

316 Robert St N Room 306 Saint Paul MN 55101-1495

GREAT LAKES REGION

PROJECT:

SOLICITATION NO.

ISSUED DATE:

JCK IRS Consolidation – CMc Services John C. Kluczynski Federal Building, 230 S Dearborn, Chicago, IL 60604-1505

47PF0020R0098

April 12, 2021

DUE DATE:

ISSUED BY:

May 17, 2021 4:00 PM Central Standard Time

U.S. General Services Administration Great Lakes Region Public Buildings Service Acquisition Management Division 316 Robert St N Room 306 Saint Paul MN 55101-1495

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

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

GSA Solicitation No. 47PF0020R0098

Document: CMc201//JULY 2020 (The Solicitation)

Construction Manager as Constructor (CMc) Contract for:

JCK IRS Consolidation Project located at John C. Kluczynski Federal Building, 230 S Dearborn, Chicago, IL 60604-1505.

The Solicitation

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Magnitude of Construction F. FAR 52.236-27 Site Visit – Construction G. Receipt of Offers

II. Proposals

A. Proposal Contents B. Proposal Format C. Price Proposal D. Technical Proposal E. Other Information to be Submitted with Proposal F. Requirements of Joint Venture Offerors

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Bond Requirements H. Contractor Performance Information I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI)

Building Information

J. INFORM 2.0

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

Employment Opportunity for Construction D. Buy American Exceptions E. FAR 52.233-2 Service of Protest F. FAR 52.252-1 Solicitation Provisions Incorporated by Reference G. GSAR 552.102 Incorporating Provisions and Clauses by Reference H. GSAR 552.252-5 Authorized Deviations in Provisions I. Small Business Subcontracting Plan J. Project Labor Agreement K. Certified Cost or Pricing Data L. Additional Provisions

(i) FAR 52.228-17 Individual Surety – Pledge of Assets (Bid Guarantee) (Feb 2021)

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

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

(iv) Substitution of Personnel

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.244-5 Competition in Subcontracting C. Security Requirements

(i) FAR 52.204-21Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(ii) SOW Security Requirements D. FAR 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020)

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

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the Solicitation Documents. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

(2) Neither the Solicitation nor any part of an Offeror's proposal shall be part of the Contract except to the extent expressly incorporated therein by the Contracting Officer.

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

(3) Other Forms Required For Submission with Proposals

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

(5) The Agreement and Attachments to the Agreement

(6) Other Attachments

I.C. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Alicia Lerum

Address: 316 Robert St N Room 306, St. Paul, MN 55101-1495

Email: Alicia.Lerum@gsa.gov

Alternate POC Information

Name: David Mazzolini

Address: 230 S. Dearborn St. Suite 3500, Chicago, IL 60604

Authorized Representative Information:

Email: david.mazzolini@gsa.gov

I.D. Pre-Proposal Conference

Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting

Officer and provided necessary information in advance of the meeting will be allowed to attend.

To request a reasonable accommodation due to a disability, contact the Contracting Officer.

A pre-proposal conference call will be held on April 20, 2021 to discuss the project, answer some limited questions, and explain how the site visit will take place. Call information will be provided to those who register via email to the Contracting Officer.

I.E. Magnitude of Construction

(1) The estimated price range for the Project is between $5,000,000 and $10,000,000.

I.F. FAR 52.236-27 Site Visit – Construction (Feb 95)

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

(2) Site visits will be conducted by appointment only April 26-30, 2021. To arrange for a site visit, contact the CO.

(3) Pre-registration is required for all attendees to the pre-proposal call and Site Visit. The Site

Visit shall be limited to not more than three (3) representatives from each contractor, general, or subcontractor. Offerors shall email the CO to RSVP. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors who RSVP.

(4) All individual attending the site visit shall wear a face covering and practice social distancing as recommended by the Center for Disease Control. If stricter Federal, state, or local requirements are in-place for face coverings, those shall be followed.

For further information about the site visit or access requirements, please contact the Contracting Officer.

I.G. Receipt of Offers http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

(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 CST on the following date and at the following address.

Date: May 17, 2021

Address: Alicia.Lerum@gsa.gov

II.B. Proposal Format

Only electronic proposals will be accepted.

The following information must be within the subject line of the email(s): JCK IRS CMc, RFP

#47PF0020R0098, Email _ of _.

The proposal package shall consist of two attachments, one to contain the technical proposal to be marked “TECHNICAL PROPOSAL” and the other to contain the price proposal to be marked

“PRICE PROPOSAL”.

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

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

II. Proposals

II.A. Proposal Contents

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

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications

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

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

6. Other Documents as Required

The technical proposal should be organized to correspond with the evaluation criteria listed herein. The submission should not exceed 30 digital pages, exclusive of the table of contents, charts, exhibits, resumes and any other materials the Offeror deems required for each evaluation factor listed herein for which the offeror is addressing. Pages that exceed the 30-page limit may not be considered.

Offerors are also required to submit a separate pricing proposal – one (1) emailed electronic version.

Emails, including message body, headers, and attachments are limited to 25MB. Zip files are acceptable, but the following attachment type/extensions are not permitted in any email incoming to GSA, including inside zip files: ade, adp, asx, bas, bat, BHx, cer, chm, cmd, com, cpl, crt, dbx, dll, exe, hta, htp, inf, ins, isp, js, jse, lnk, mda, mde, mdz, msc, msi, msp, mst, nch, pcd, pif, prf, reg, scf, scr, sct, shb, shs, url, vb, vbe, vbs, wms, wsc, wsf, wsh, htm, 7z.

Failure to adhere to the email limitations may result in a late submission and will be subject to

FAR 52.215-1

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the attached supplemental pricing sheet, with prices and/or rates indicated for each price element shown on the pricing form included in the supplemental pricing sheet. Indicate the Base Contract Price in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(2) Qualifications, Exclusions and Conditions

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

(3) Alternates are not to be included in the Total Evaluated Price on the pricing worksheet.

II.D. Technical Proposal

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

FACTOR #1: Experience in Providing Design and Construction Phase Services on Similar

Projects

Description:

This factor considers the Offeror’s experience as a firm in providing comparable Design and

Construction Phase Services for similar projects using “open book accounting”. This factor will be evaluated based upon the written response included in the technical proposal. Experience can be described as what jobs you have performed. A "similar” project is defined as a buildout/renovation project of an occupied commercial or government owned facility with 30,000

SF or larger or a multi-building complex/facility in which the aggregate square footage is at least

30,000 SF or larger; where project scope included office space buildout, alteration to life safety systems, such as fire alarm, electrical distribution system, architectural components, HVAC components and upgrades, plumbing and abatement, with minimum construction costs of $5M.

Greater weight will be given to experience with projects more similar in design and scope to this project.

Submittal Requirements - The Offeror must submit the following information at a minimum:

Provide three (3) similar projects in the last ten (10) years in which the Offeror used

Construction Manager as Constructor or Construction Manager at Risk delivery. Current similar projects must be 100% complete to be considered relevant for this factor. For each project, describe in detail: the size, scope, complexity, planned and actual budget, planned and actual schedule, cost control and cost tracking methods, schedule control, coordination, and experience in delivering the completed projects. The Offeror must describe how they worked within a fixed schedule and within the prescribed budget. Relate those in type and scope to this project.

All three examples provided must also be projects in which the Offeror provided Design and

Construction Phase Services. The Offeror should provide written demonstration of their experience in providing project planning, value engineering, cost savings, design reviews, constructability reviews, problem/issue resolution, coordination, CPM development, site logistic planning, independent cost estimating, and development of subcontractor interest necessary to complete the project.

For each project submitted, at a minimum, you must provide a project description, square footage, project schedule, safety record, overall scope of the design and construction phase services, GMP or budget at award; GMP at the construction start and final contract value after adjustments, and lastly, indicate whether liquidated damages were assessed against the Offeror due to late completion.

Standard for Evaluation:

The standard is met when:

1.The Offeror has documented significant experience providing Design and Construction Phase

Services for three (3) similar projects in the past ten (10) years in a Construction Manager as

Constructor or Construction Manager at Risk delivery. The Offeror has satisfactorily demonstrated their knowledge and experience in providing office space build-out and general building modifications comparable to those to be encountered in this project. The Offeror has documented its ability to deliver the completed projects within a fixed schedule and within the prescribed budget.

2.The Offeror has documented significant experience providing Preconstruction Phase Services for at least three similar projects in the past ten (10) years. The Offeror has documented its ability to provide services that improve the quality and accuracy of the construction documents produced by the A/E firm and has ensured compliance with the prescribed budget and schedule.

FACTOR #2: Management Approach (Design and Construction Phase Services)

Description:

This factor considers the Offeror’s project management plan which indicates the methods and means they will employ to ensure management of the project in a manner which will maximize the opportunity for successful completion that is on-time, on-budget and within quality expectations. This factor will be evaluated based upon the written response included in the technical proposal. The proposal should delineate the Offeror’s knowledge, programs and processes, relating them to the unique requirements of this project and demonstrating their approach to its management and execution.

Submittal Requirements – The Offeror must submit the following information at a minimum:

The Offeror shall provide a detailed project management plan that includes the following:

Overall Approach: Provide a complete approach to Design Phase services including, but not limited to, schedule development, cost-estimating and cost-reconciliation services, address subcontractor participation, and quality of value engineering services. Additionally, provide the complete approach to Construction services including, but not limited to, scheduling, cost control including contingency management, change order management, and “open book accounting.”

Staffing Plan: Provide a complete staffing plan detailing all team members to be assigned to this project. Suggested team members may include the following: Corporate construction executive, Project manager, Architectural review coordinator, Engineering review coordinators -all disciplines, Cost estimator(s), Construction superintendent, Quality control superintendent, Project engineer including Scheduling engineer, Construction supervisors, Safety program coordinator, Industrial Hygienist, Waste Management Coordinator, Commissioning agent CxA

Coordinator, and other key individuals. The staffing plan should include an Organizational Chart and Lines of Authority for both preconstruction and construction phases. For each key person, identify the proposed duties in the project; identify the person as a part-time or full-time employee, detail the amount of time anticipated to be spent on-site and the amount of time to be spent in the home office and identify the firm for which the employee works. Describe the amount and form of interaction between the home office and the construction site. Identify which personnel will be responsible for the quality control and safety programs.

The Offeror shall designate and identify on-site key personnel having signatory authority who can bind the contractor in negotiations for changes and sign letters and contract modifications.

Quality Control Plan (QCP): Provide an example of a detailed QCP featuring both a

Management Plan and Inspections/Test sections. The management plan must describe the

Offeror’s process for planning, organizing, coordinating, and controlling the execution of the construction work. It shall address methods employed to prepare, monitor, and accomplish the project’s schedule and to track and control project costs. It details the communication plan and problem resolution procedures as well as quality control methods employed. The plan should address the coordination, development and review of shop drawings, samples and submittals.

The Inspections/Tests section shall demonstrate how the Offeror successfully implements this program and define their process of identifying, scheduling, testing, correction and follow-up for each divisional building system/feature.

Safety Plan: Provide a safety plan that demonstrates the firm’s approach to preventing accidents and injuries with contingency plans for responding to accidents. Provide specific methods for processing correspondence, and for dealing with issues, problems, questions, emergencies and other areas.

Recycling, Green Building Process, LEED Strategies: Provide an example that demonstrates the firm’s approach to leadership in energy and environmental design. It shall address the building and operation of buildings that deliver high performance inside and out.

Provide specific methods for reducing the impact of construction on our natural environment, economy, health, and productivity.

Standard for Evaluation:

The standard is met when:

The overall management approach submitted shows a clear understanding of, including but not limited to, change order management, open book accounting, cost control including contingency management, value engineering, and cost estimating.

1.The staffing plan submitted demonstrates that the Offeror has a clear understanding of the level of staffing necessary as well as the qualifications and expertise of that staff to successfully execute this project. Staffing levels and the amount of time staff members spend on-site are appropriate. Staffing responsibilities and staff with signatory authority are clearly defined. The proposed staff appears capable of completing this project within the given timeframe, working hours and budget.

2.The Quality Control Plan clearly demonstrates methods that will ensure compliance with contract requirements and relates those to this project. The Offeror has shown that their processes for planning, organizing, coordinating, controlling, and communicating can be successfully implemented within their proposed organization and will facilitate the execution of the project. The Firm’s processes for planning and executing shop drawing and submittal reviews as well as cost and schedule control measures are realistic and will improve the likelihood of project success. The Offeror has clearly demonstrated their ability to plan and execute necessary component and system tests to guarantee proper installation.

3.The Safety plan ensures optimum prevention of accidents and injuries and demonstrates an effective response plan. Problems, questions, and emergency situations are anticipated and avoided through the Offeror’s proactive measures.

4.The Recycling, Green Building Process, and LEED Strategies substantially reduce or eliminate negative environmental impacts and improve existing unsustainable design, construction and operational practices. The Offeror has clearly demonstrated green design and construction measures that reduce operating costs, enhance building marketability, increase worker productivity and reduce potential liability resulting from indoor air quality problems.

FACTOR #3: Qualifications and Experience of Key Personnel

Description

The Offeror shall identify the personnel they propose to fill the key team member positions listed below and state their roles and responsibility to the project. The Offeror shall provide evidence of the competency, past performance, qualifications and related experience of key team members. If the key team members did not work on the three projects submitted under

Evaluation Factor Number 1, provide contact information for two references each who can provide thorough knowledge of the details of the individual’s performance (such as the Project

Manager, Building Owner, or Contracting Official associated with the project) in a similar position on a similar project. The Offeror shall provide resumes for each key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received, and work experience (including roles) over the last ten (10) years. Provide a matrix chart clearly identifying the roles that key team members held on the projects submitted under the Experience and Past Performance factor. Key team members are defined as follows:

At a minimum, the CMc key team members shall consist of the following:

• Corporate construction executive

• Project manager

• Architectural review coordinator

• Engineering review coordinators - all disciplines

• Cost estimator(s)

• Construction superintendent

• Quality control superintendent

• Project engineer including Scheduling engineer

• Construction supervisors

• Safety program coordinator

• Industrial Hygienist

• Waste Management Coordinator

• Commissioning agent CxA Coordinator

• Other key team members as determined by the Offeror with approval from the GSA

Contracting Officer

Note1: Any of the team members indicated above may be represented by the same individual/firm, except as noted in the description of contractor roles and responsibilities outlined within the RFP. Offerors should clearly note in their submittal documents any of the above key team members who will be represented by the same individual/firm.

Note 2: No substitution to key personnel shall be made without prior approval of the CO. In the event that personnel approved by the CO are unable to perform their duties due to death, illness, resignation from the Contractor's employment, the CO's request for removal, or similar reasons, the Contractor shall promptly submit to the CO, in writing, the name and qualifications of a proposed replacement with equal or superior qualifications. This replacement, if approved by the CO, shall be submitted to the Government within three calendar days from the time of removal and shall in no way delay the project schedule. If the schedule is delayed due to the

CMc’s lack of timely submittal or lack of an equally qualified submittal, the CMc shall be responsible for any and all resulting costs associated with the delay. Any approved substitutions shall be made at no increase in contract price and/or decrease in capabilities.

Submittal Requirements – The Offeror must submit the following information at a minimum:

1.Resumes for each key team member clearly indicating their currently held position/title, proposed project position/title, education, qualifications, professional licensing, personal awards received and work experience.

2.A matrix chart clearly identifying the roles that key team members held on the projects submitted under the Experience and Past Performance factor.

Standard for Evaluation:

The standard is met when:

Each of the key team members has held at least one comparable position, to that proposed, for a similar project and has the appropriate education, training, experience and certification required to be assigned to this position and for this project. Preference shall be given to those members having experience on multiple similar projects and/or successful performance in comparable positions.

FACTOR #4: Past Performance in Providing Design Phase Services and Construction

Phase Services on Similar Projects

Description:

This factor considers the Offeror’s Past Performance for the projects submitted under evaluation factor number 1, Past Experience. This factor will be evaluated based upon the responses from the references provided by the Offeror. Past performance can be described as how an Offeror performed on a job.

The Government intends to contact those individuals who are provided as references by the

Offeror to verify that the services provided comply with the similarity requirements of this RFP and to solicit an assessment of the quality of those services provided through a Past

Performance Questionnaire. 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 references, and/or the inability of the Government to complete reference checks after making a reasonable effort to do so, may result in the Offeror being rated as "neutral" on the past performance factor. The Government is not required to conduct or complete reference checks. In addition to contacting references provided by the

Offeror, the Government may solicit other sources to find references for other relevant, similar work performed by the Offeror.

Submittal Requirements – The Offeror must submit the following information at a minimum:

1. The Offeror must coordinate the submittal of a Past Performance Questionnaire (PPQ)

(included in the solicitation as an Attachment, to be completed by the applicable client, for each project submitted under Evaluation Factor number 1 – Past Experience on Construction Phase

Services. References must have thorough knowledge of the details of the Offeror’s performance

(such as the Project Manager, Building Owner, or Contracting Official associated with the project) for the majority of the contract performance period, so that the reference may sufficiently respond to the questionnaire. The client must submit the questionnaire directly to the

Contracting Officer, via email at Alicia.lerum@gsa.gov prior to proposal closing date. Ensure correct phone numbers and email addresses are provided for the client point of contact.

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

2. The Offeror should complete and submit with the proposal a list of the references tasked with submitting the PPQ to the government, with contact information for each supplied reference.

Provide contact names, role in the project, address, telephone number and email address for each individual. If any problems were encountered on the identified contracts for which the Offeror has submitted references, the contractor may provide a brief narrative describing the nature of the problems and the corrective action taken.

3. Offerors may also include performance recognition documents received within the last six (6) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance

Information Retrieval System (PPIRS), including Contractor Performance Assessment

Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the

Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and

Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the

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

Standard for Evaluation:

The standard is met when:

1. References contacted provide favorable evaluations indicating that the projects have met or exceeded the customer's requirements as set forth in the construction contract documents

(drawings and specifications) in a timely manner, and within established budgets.

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).

(2) Qualifications of Offerors

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

(3) The Offeror must submit certification from a Certified Public Accountant (CPA) that the Offeror’s accounting system provides for the following:

● The accounting system is in accordance with GAAP.

● There is proper segregation of direct costs and indirect costs.

● There is proper identification and accumulation of direct costs by contract.

● There is a labor time distribution system that charges direct and indirect labor appropriately.

The GAAP Certification must be provided from the accountant directly to the Government within 10 days of submission of a proposal.

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.

https://www.sam.gov/

(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

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

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be

Document: CMc201//JULY 2020 (The Solicitation) http://www.sba.gov/ supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Bond Requirements

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

III.H. Contractor Performance Information

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

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System

(PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

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

(4) Contractor Representative (CR) Role: All evaluations will be sent the Contractor Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

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.

http://www.cpars.gov/ https://www.cpars.gov/webtrain.htm

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

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

III.J INFORM 2.0

IV. FAR/GSAR Solicitation Provisions

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

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

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

(MAY 14)

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

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

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

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

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

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

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

19.6% 6.9%

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

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

IV.D. Buy American Exceptions

NA

IV.E. 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.F. 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

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English Language

APR 91

52.215-16 Facilities Capital Cost of Money JUN 03

52.236-28 Preparation of Proposals - Construction OCT 97

IV.G. GSAR Clause 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.

IV.H. GSAR 552.252-5 Authorized Deviations in Provisions (Deviation FAR 52.252-5) (Sep 1999)

(a) Deviations to FAR provisions.

(1) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) provision by the addition of “(DEVIATION)” after the date of the provision, if the provision is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) provision that is published in the General Services Administration Acquisition Regulation by the addition of “(DEVIATION (FAR provision no.))” after the date of the provision.

(b) Deviations to GSAR provisions. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation provision by the addition of “(DEVIATION)” after the date of the provision.

(c) “Substantially the same as” provisions. Changes in wording of provisions prescribed for use on a “substantially the same as” basis are not considered deviations.

IV.I. Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is not required to be submitted with offers.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 14

http://www.acquisition.gov/comp/far/index.html

IV.J. Project Labor Agreement (PLA)

IV.K. Requiring Certified Cost or Pricing Data [15.403-4]

IV.L. Additional Provisions

(i) FAR 52.228-17 Individual Surety – Pledge of Assets (Feb 2021) (a)Offerors shall obtain from each person acting as an individual surety on a bid guarantee— (1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and (2)Standard Form 28, Affidavit of Individual Surety.

(b)The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228-1, Bid Guarantee, or as otherwise established by the Contracting Officer.

(c)The Contracting Officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

(End of provision)

(ii) GSAR 552.236-74, Evaluation of Options (Mar 2019) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(iii) GSAR Clause 552.236-77, Government’s Right to Exercise Options (Mar 2019) As prescribed in 536.270-5(d), Government's Right to Exercise Options (Mar 2019)

(a) The Government may exercise any option in writing in accordance with the terms and conditions of the contract within the period of performance.

(b) If the Government exercises the option, the contract shall be considered to include this option clause.

(End of clause)

(iv) Substitution of Personnel

No substitution to key personnel shall be made without prior approval of the CO. In the event that personnel approved by the CO are unable to perform their duties due to death, illness, resignation from the Contractor's employment, the CO's request for removal, or similar reasons, the Contractor shall promptly submit to the CO, in writing, the name and qualifications of a proposed replacement with equal or superior qualifications. This replacement, if approved by the CO, shall be submitted to the Government within three calendar days from the time of removal and shall in no way delay the project schedule. If the schedule is delayed due to the CMc’s lack of timely submittal or lack of an equally qualified submittal, the CMc shall be responsible for any and all resulting costs associated with the delay. Any approved substitutions shall be made at no increase in contract price and/or decrease in capabilities.

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…