RFP 47PK0123R0002.pdf

REQUEST

FOR

PROPOSALS

PROJECT: “7TH FLOOR CLERK OF THE COURT AND

MAGISTRATE CHAMBER EXPANSION”

JAMES M. CARTER AND JUDITH N. KEEP

U.S. COURTHOUSE, 333 W. BROADWAY

SAN DIEGO, CA

ISSUE DATE: MARCH 27, 2023

PROPOSAL DUE DATE

AND TIME :

THURSDAY, MAY 4, 2023

4:00 PM (PDT)

SUBMIT TO : EMAIL SUBMISSION ONLY TO:

DAN.MAKOWSKI@GSA.GOV

SOLICITATION NO.: 47PK0123R0002

NOTICE:

THIS SOLICITATION IS SET-ASIDE FOR SMALL BUSINESS CONCERNS

GENERAL SERVICES ADMINISTRATION

SENSITIVE BUT UNCLASSIFIED (SBU)

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THIS DOCUMENT TO UNAUTHORIZED

RECIPIENTS IS PROHIBITED

Do not remove this notice Properly destroy or return documents when no longer needed

“7TH FLOOR CLERK OF THE COURT RFP NO. 47PK0123R0002

AND MAGISTRATE CHAMBER EXPANSION”

CARTER & KEEP USCH

SAN DIEGO, CA COVER

SENSITIVE BUT UNCLASSIFIED (SBU) - PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY Do not remove this notice

Properly destroy or return documents when no longer needed

REQUEST FOR PROPOSAL

PROJECT TITLE: “7TH FLOOR CLERK OF THE COURT AND

MAGISTRATE CHAMBER EXPANSION”

LOCATION OF WORK:

JAMES M. CARTER AND JUDITH N, KEEP USCH

333 W. BROADWAY

SAN DIEGO, CA 92101

SITE VISIT DATE(S) / INSTRUCTIONS: THURSDAY, APRIL 13, 2023, 10:30 AM (PDT)

Carter & Keep USCH 333 W. Broadway 4th Floor “La Jolla” Conference Room San Diego, CA

DEADLINE FOR SUBMISSION OF QUESTIONS: TUESDAY, APRIL 18, 2023, 4:00 PM (PDT)

Questions must be submitted in writing via email to: dan.makowski@gsa.gov

DEADLINE FOR PROPOSAL SUBMISSION: THURSDAY, MAY 4, 2023, 4:00 P.M. (PDT)

REQUIRED COMPLETION TIME: 365 CALENDAR DAYS FROM NOTICE

TO PROCEED

LIQUIDATED DAMAGES AMOUNT (PER DAY): $1,050.00

TABLE OF CONTENTS

RFP:

“THE SOLICITATION”

“THE AGREEMENT”

“REPRESENTATIONS AND CERTIFICATIONS”

ATTACHMENTS:

Attachment A: Standard Form 1442 – Solicitation, Offer and Award Attachment B: Standard Form 24 – Bid Guarantee Attachment C: GSA Form 527 – Contractor’s Qualification and Financial Information Attachment D: Wage Determination CA20230022, Dated 02/10/2023 Attachment E: Past Performance Questionnaire Attachment F: Statement of Work Attachment G: Telecommunications Structured Cabling System Attachment H: AE Specifications Attachment I: AE Drawings

END OF TABLE OF CONTENTS

mailto:dan.makowski@gsa.gov

CARTER & KEEP USCH

SAN DIEGO, CA “THE SOLICITATION”

Document: C201-SB GC/MARCH 2023 (The Solicitation)

Construction Contract for:

“7th Floor Clerk of the Court and Magistrate Chamber Expansion”

Carter & Keep USCH, 333 W. Broadway

San Diego, CA 92101

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. 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. Bond Requirements H. Contractor Performance Information I. Safeguarding and Dissemination of Controlled Unclassified Information

(CUI) Building Information

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 101-29

B. Not Used C. FAR 52.216-1 Type Of Contract D. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of

Work E. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction F. Buy American Requirements G. Buy American Exceptions H. FAR 52.233-2 Service of Protest I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition

VI. Method Of Award

A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness/Price Realism D. Unbalanced Price E. Non Price Factors K. Evaluation of Joint Ventures

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project 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 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) Standard Form (SF) 1442 – Solicitation Offer and Award

(4) The Agreement and Attachments to the Agreement

(5) The Statement of Work, Specifications, Drawings, and any other attached Technical or other Documents

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: Dan Makowski

Authorized Representative Information

Address: 401 W. Washington St., Rm. 210, Phoenix, AZ 85003

Telephone: 480-479-2880

Email: dan.makowski@gsa.gov

I.D. Pre-Proposal Conference

Date: Thursday, April 13, 2023

Time: 10:30 a.m. (PDT)

Location: Carter & Keep USCH, 333 W. Broadway, San Diego, CA 92101

Offerors are to meet in the “La Jolla” Conference room on the 4th Floor.

I.E. Estimated Price Range The estimated price range for the Project is between $1 million and $5 million.

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)

(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) A site visit will be conducted only in conjunction with the schedule Pre-Proposal Conference, at the following date and time:

Date: Thursday, April 13, 2023

Time: 10:30 a.m. (PDT)

Location: Carter & Keep USCH, 333 W. Broadway, San Diego, CA 92101

Offerors are to meet in the “La Jolla” Conference room on the 4th Floor.

No other site visits will be allowed.

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than five (5) representatives from each Offeror.

Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit.

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 (PDT) on the following date and at the following address.

https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3

Date: Thursday, May 4, 2023 Address: EMAIL SUBMISSION ONLY to dan.makowski@gsa.gov

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

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

II. Proposals

II.A. Proposal Contents

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. Standard Form 24, Bid Bond

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

6. Other Documents as Required

II.B. Proposal Format EMAIL SUBMISSION ONLY to dan.makowski@gsa.gov

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the 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) Additional Proposal Requirements

N/A

II.D. Technical Proposal

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

A. “Similar Projects”

(1) A “Similar Project” for purposes of this solicitation means a renovation or alteration construction project in an urban setting which meets all of the following requirements:

- Over 10,000 square feet of total work

- A contract price of at least $4 million

- Either a school, airport (not a hanger or other similar storage facility), hospital, courthouse, museum, or other governmental office facility. Facility must have been occupied and operational during construction.

- Achieved substantial completion within the past seven (7) years.

(2) A “Similar Interiors Project” for purposes of this solicitation means a renovation or alteration construction project which includes over 2,000 square feet of American Woodwork Institute Premium grade certified interior finish space that was completed by the offeror for this project.

B. Non-Price Evaluation Factors

(1) Factor 1: Experience of the General Contractor and Major Subcontractors

(a) Experience of the General Contractor and Major Subcontractors (Mechanical, Electrical, and Millwork Subcontractors) will be evaluated as an indicator of the General Contractor’s capacity to perform the Contract contemplated by this Solicitation.

(b) Experience will be evaluated on the basis of information submitted by the Offeror indicating completion of projects of similar size, complexity, and scope. If the Offeror materially misrepresents information relating to its experience, the Contracting Officer may reject the proposal.

(c) Proposals must include information on a total of four (4) past projects that meet the “Similar Projects” definition, above, and were completed by the Offeror as General Contractor. Each project’s information must be contained on no more than two sides of an 8.5 x 11 inch sheet of paper, and must include a description of the construction project scope, the final contract value, identification of contract type (design-bid-build, design-build, etc), pricing terms (firm-fixed price, time and materials, etc.), dates of contract award and substantial completion, identification of owner and contact information, summary or lists of work tasks performed by the Offeror, and challenges and how the Offeror addressed them.

(d) Proposals must also include a narrative for each Major Subcontractor (Mechanical, Electrical, and Millwork Subcontractors) that the General Contractor is proposing to contract with for this project. Each narrative must be contained in no more than two sides of an 8.5 x 11 sheet of paper, and must demonstrate the subcontractor has an understanding and familiarity with projects that meet the “Similar Projects” requirements.

(e) Additional consideration may be given for:

• Past experience in constructing judges chambers.

• Past experience in projects requiring above standard or high end finishes.

• Projects that contain work that meets the definition of a “Similar Interiors” project.

• Projects on which the offeror and the major subcontractors have performed together on the same projects.

• Projects which were completed in the local area (San Diego County).

(2) Factor 2: Key Personnel and Major Subcontractor’s Experience and Capabilities

(a) Provide a team organization chart. Provide a resume for each person, and capability statement for each major subcontractor, listed below, not to exceed in length two sides of an 8.5 x 11 inch sheet of paper for each of the personnel or firms listed.

(b) For resumes, include level of education, special training and highlight previous work experience relevant to this project. For each proposed key person, identify his or her proposed duties on the project. Identify the person as a part-time or full-time employee; whether that person is an individual consultant or firm employee; and the firm that employs this key person (i.e. subcontractor).

(c) Resumes for each KEY PERSONNEL position, or capability statement for each

Major Subcontractor, on the proposed Project Team as identified below:

Offeror Firm shall include:

Principal-In-Charge Project Manager Construction Superintendent Quality Control Superintendent Safety Officer

Major Subcontractors shall include:

Mechanical Subcontractor Electrical Subcontractor Millwork Subcontractor

(3) Factor 3: Technical and Management Approach

This factor is concerned with the Offeror’s understanding of the project requirements and the management approach. In no more than 10 pages, the Offeror shall submit a written plan addressing the following:

(a) Their approach to managing and delivering this project under budgetary and time constraints. The description shall include a discussion of offeror’s approach to quality control, change management, communications, onsite safety and risk mitigation.

(b) Their long-range plans for securing and maintaining the resources necessary to complete the project. Resources discussed should include key manpower, availability of personnel having current security clearance, equipment and material. Offerors shall note if resources will come from in-house or from subcontractors.

(c) What they believe are the most significant risks associated with this project.

Such risks could include matters that jeopardize performance within budget and schedule limitations, problems created by working in an occupied building with limited site access. The strategy to manage these risks shall then be provided to either mitigate, eliminate or delegate them.

(d) The plan shall include a detailed description for how the Offeror will ensure the safety of its employees, contractors, subcontractors, and other individuals accessing or otherwise working at the project site during the construction of the project.

(e) The plan shall identify key subcontractors and provide a narrative describing the subcontractor’s experience and how that experience is relevant to the work that the subcontractor will perform for the Offeror. The plan shall include an organizational chart and define roles and responsibilities of the proposed team members.

(f) The Offeror shall provide a general project schedule in Gantt chart format for execution of the project from award to final completion. The proposed schedule should provide sufficient detail to illustrate the proposed flow of construction activities for the project with the overall duration clearly shown, but not be overly detailed. The schedule should reflect realistic knowledge of current equipment and supply chain material order lead times. Also include a narrative which highlights key assumptions on which the schedule is based, and discuss the Offeror's strategy for sequencing the work. The narrative should specifically discuss the feasibility of completing the project within the completion time required by the RFP and identify any extraordinary actions that might be required to achieve that date. The schedule should however, reflect a priority of total cost reduction rather than schedule reduction by demonstrating realistic available labor resources with concurrent work package efforts.

(g) The offeror shall note any significant risks or opportunities that could potentially delay or expedite overall progress on the project, or add or reduce costs and what actions the Offeror would propose to mitigate the those impacts or exploit those opportunities on project cost and completion. Schedules that contain unusual assumptions or place greater responsibility on the Government for timely completion will be judged less favorably than schedules in which the offeror anticipates, plans, and accepts responsibility for reasonable contingencies.

(h) Additional favorable consideration may be given to plans that:

• Show the key major subcontractors having prior experience working with the Offeror;

• Show other projects in which the same, or similar, safety measures were taken and that those measures contributed to the safety of that project;

• Show other projects in which the same, or similar management, techniques were used and how those management techniques contributed to the cost and schedule success, and quality of the construction.

(4) Factor 4: Past Performance of the General Contractor and Major Subcontractors

(a) This factor considers the past performance of the Offeror and Major

Subcontractors. The Offeror shall submit at least three (3) but no more than five

(5) Past Performance Questionnaires (PPQ), provided herein, completed by the applicable client, for each project included in its proposal for this Factor. The PPQs submitted for this factor are not required to be in reference to the projects which were submitted for Factor 1, but should be comparable in complexity and scope (either a school, airport, hospital, courthouse, museum, or other governmental office facility (not a hanger or other similar storage facility), occupied and operational during construction), and substantially completed with the last seven (7) years. Completed PPQs should be submitted with the proposal. Ensure correct phone numbers and email addresses are provided for the client point of contract. Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, the client may submit a questionnaire directly to the Government’s point of contact via email prior to proposal closing date and time. Offerors may resubmit questionnaires completed in this same PPQ format, previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. The Offeror must include a table that lists each submitted project that includes cost control and schedule control as evidenced on performance metrics.

(b) This factor will be evaluated based upon the written responses to the RFP by the Offeror and by the evaluation of responses of references recommended by the Offeror. The Government also reserves the right to use other government data available in its assessment of the offeror. The quality of the offeror’s past performance in carrying out the work of a comparable nature with reference to such aspects as quality of services rendered, control of exigencies (changes and claims), budget control, timeliness, business integrity and technical success are part of the consideration. The effectiveness of the offeror’s management of the administrative aspects of performance, their willingness to cooperate with or assist with routine matters and unexpected difficulties will also be evaluated. In accordance with FAR 15.306, If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of proposals (e.g.,the relevance of an offeror’s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors.

(c) Also include performance recognition documents received within the last 5 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 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 database of PPQs submitted by Offerors.

(d) The Offeror must also submit at least (1) client recommendation letter for each

Major Subcontractor (Mechanical, Electrical, and Millwork Subcontractor)

(e) Additional consideration may be given for:

• Projects on which the offeror and the key subcontractors have performed together on the same projects.

• Better than Satisfactory ratings from owner references

• Projects that meet the definition of Similar Projects or Similar Interiors Projects

• Projects involving work in an occupied building or judges chambers

• Awards and commendations.

• Projects for GSA

• Projects submitted under Factor 1

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 https://www.sam.gov/

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. 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 http://www.sba.gov/ http://www.sba.gov/

52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.H. Contractor Performance Information

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

Completed CPARS evaluations may then be used by Federal acquisition community for use in making source selection decisions. CPARS assists acquisition officials by serving as the single source for contractor past performance data.

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

(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/ http://www.cpars.gov/ https://www.cpars.gov/lc.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.

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. Not Used

IV.C. FAR 52.216-1 Type of Contract (APR 84) The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

IV.D. 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.E. 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

16.9% 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: State of California, San Diego County, City of San Diego

IV.F. Buy American Requirements

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.

https://www.acquisition.gov/far/part-52#FAR_52_225_9

(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.

(End of Provision)

IV.G. Buy American Exceptions

For Buy American exceptions, if any, see the applicable Buy American clause in Section IV of the Agreement

IV.H. 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 https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.gsa.gov/forms-library/solicitation-offer-and-award-construction-alteration-or-repair 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.I. 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

52.204-22 Alternative Line Item Proposal JAN 17

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.J. 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.

V. Instructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (NOV 2021)

(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-https://www.acquisition.gov/far/52.215-5#FAR_52_215_5 https://www.acquisition.gov/far/52.225-17#FAR_52_225_17

(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.