RFP EMATOC 47PL0122R0035.pdf

General Services Administration

Public Building Service - Northwest/Arctic Region 10

Construction Acquisition Division

THIS PROCUREMENT IS 100% TOTAL SMALL BUSINESS SET-ASIDE

Clause 52.219-6 (Nov 2020) applies

SOLICITATION NUMBER: 47PL0122R0035

SERVICE: Multiple Award, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for General

Construction, Repair & Alteration Services for GSA- Owned and - Leased

Facilities in the Geographic Area(s) of Region 10

LOCATION(S): Multiple locations within General Services Administration (GSAs) (including but not limited to: Richland, Yakima and Spokane, Washington; Boise and

Lewiston, Idaho; Baker City, Oregon and various Washington and Idaho

Land Port of Entry (LPOE) locations.)

SUBJECT TO

MULTIPLE AWARD: GSA will be accepting proposals with the intent to award up to six (6)

Indefinite Delivery/Indefinite Quantity contracts (see Section L for additional details).

PERIOD OF

PERFORMANCE: Five (5) Years

SOLICITATION

ISSUE DATE: Friday, June 24, 2022

PRE-PROPOSAL Thomas S. Foley United States Courthouse

CONFERENCE & 920 W. Riverside Ave., Spokane Wa 99208

SITE VISIT: Wednesday, July 6, 2022 10:00AM

Meeting will be held in the Thomas S. Foley United States

Courthouse. PRE-REGISTRATION REQUIRED – See pre-registration instructions in the attached Agreement and Send Email to mackenzie.dunn@gsa.gov and heather.bowden@gsa.gov including

Company Name, Point of Contact, and List of Attendees

QUESTIONS: The final submission date for questions will be accepted up to ten (10) calendar days prior to the close date of the Request for Proposal (RFP). The Government will respond to questions within five (5) calendar days of receipt. Questions must be submitted via email to

MacKenzie Dunn at email: mackenzie.dunn@gsa.gov.

MacKenzie Dunn

Contracting Officer

General Services Administration

Phone: 509-863-2052

Email: mackenzie.dunn@gsa.gov

OFFER RECEIPT DATE/TIME: July 25, 2022 at 1:00 PM, Pacific Standard Time

PROPERTY OF THE UNITED STATES GOVERNMENT COPYING,

DISSEMINATION, OR DISTRIBUTION OF THESE DRAWINGS, PLANS, OR

SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED

Do not remove this notice

Properly destroy documents when no longer needed

TABLE OF CONTENTS

Standard Form 1442

Section B - Supplies or Services and Prices

Section C - Description/Specifications/Statement of Work

Section D - Packing and Marking

Section E - Inspection and Acceptance Terms

Section F - Deliveries or Performance

Section G - Contract Administration Data

Section H - Special Contract Requirements

Section I - Terms and Conditions

Section J - List of Documents, Exhibits and other Attachments

Section K - Representations and Certifications and Other Statement of Offerors

Section L - Instructions, Conditions and Notices to Bidders

Section M - Evaluation Factors for Award

Note: Sections K, L, and M will be removed from any resultant award(s), but will be incorporated, by reference, in the award.

Attachments

A. IDIQ Terms & Conditions B. Example of TO Agreement C. Example of TO Reps and Certs D. Task Order Request for Proposal (TORFP) - SEED Project (Future TORFPs will follow this format)

E. Seed Project ~ Statement of Work (SOW) - (Signed CUI must be received prior to release of documents ~ Exhibit 2)

F. Seed Project ~ Price & Services Schedule and Associated Worksheets (Signed CUI must be received prior to release of documents ~ Exhibit 2)

G. Seed Project ~ Construction Wage Rate Determination - WA20220017 05/20/2022

Exhibits

1) PBS 3490.3 PBS CHGE 1 Security for Sensitive Building Information Related to Federal

Buildings, Grounds, or Property (formally SBU)

2) Read me First - CUI Agreement

3) GACA (Google Account Contractor Authorization)

4) Contractor Project Experience Form

5) Key Personnel Resume Form

6) Past Performance Questionnaire

7) GSA Security Manual

8) IDIQ Price Schedule

SECTION B – Supplies or Services and Prices

See attached 1442 for additional details.

SECTION C – Description/Specifications/Statement of

Work

C-1. CONTRACT DESCRIPTION

This is a Multiple Award Task Order (MATOC) Indefinite Delivery, Indefinite Quantity (IDIQ), contract for Construction Services to support the GSA Northwest/Arctic Region (R10) Eastern Service Center (ESC). Projects will be delivered using one of four possible project delivery methods including;

Construction, Design-Bid-Build, Hybrid Design Build and Design/Build.

The term of the contract will be for five (5) years with a six (six) month option to extend. The contract will not include pre-negotiated line item pricing. Subsequent Task Order (TO) contracts will be solicited and awarded to current IDIQ contract holders. Task Order awards will be issued based on competition between contractors under this contract.

C-2. CONTRACT REQUIREMENTS

The Contractor shall furnish all management, supervision, labor, materials, supplies, equipment, and other items necessary to plan, schedule, coordinate, execute, and assure effective performance of all services provided under this contract.

C-3. CONTRACTOR TRADES

Task order projects may require either a single discipline or multi-disciplined trades for all aspects of general building.

C-4. CONTRACTOR ORGANIZATION

The contractor shall have available a design and construction staff to respond to the requirements of this multi-discipline IDIQ type of contract. The contractor’s organizational approach shall integrate with this staff to provide project management, project design/engineering, on-site superintendence, quality control and contract administration. The General Construction Contractor identified and agreed to during negotiations must maintain their partnership for execution of individual projects through the duration of the IDIQ. The contractor shall obtain Contracting Officer’s written consent before making any substitutions of the designated parties.

C-4.1. Key Personnel Requirements

The contractor shall maintain a staff of the following personnel with the minimum qualifications stated below for the duration of the Base Contract IDIQ and the four option periods, if exercised.

a. Construction Project Manager: The Construction Project Manager shall have a baccalaureate degree in a relevant field such as engineering, architecture, construction management or equivalent with a minimum of five (5) years of experience managing construction projects and having managed a minimum of two (2) projects that demonstrates the ability to construct projects that are similar in scope, magnitude, and complexity to the project in this solicitation OR a person in the construction field with a minimum of seven (7) years as a project manager on projects similar in scope, magnitude, and complexity to this solicitation. Clearly state in your proposal the number of years of experience that this proposed team member has served as a Construction Project Manager.

b. Project Superintendent: The Project Superintendent shall have a minimum of five (5) years of experience as a project superintendent on construction projects of similar scope, magnitude and complexity. The experience should demonstrate construction knowledge consistent with the type of construction provided for in this solicitation. Clearly state in your proposal the number of years that this proposed team member has served as a Project Superintendent.

c. Design Project Managers: The design project managers shall have a Baccalaureate Degree in Engineering, Architecture or Construction Management and be licensed as a Professional Engineer or Architect, with a minimum of 7 years project management experience, and having managed projects that demonstrate the ability to manage projects similar in scope, cost and complexity to the project in this solicitation. Provide information relevant to each anticipated subconsultant discipline, at a minimum;

architectural, mechanical, electrical, structural, and industrial hygienist.

Any changes to the proposed individuals before OR after award MUST be approved by the CO.

The Contractor shall provide complete resumes for proposed substitutes, and any additional information requested by the CO. Proposed substitutes shall have the same minimum qualifications as those noted above.

C-5. CONTRACT COST CEILING LIMITATION FOR CONSTRUCTION COSTS

The total amount for the IDIQ Contract is estimated not to exceed $70 million over a five year period and is a shared pool between all IDV holders.

(1) Task orders will range from $25,000.00 to $5,000,000.00 with most task orders anticipated to fall in the range of $25,000.00 to $750,000.00.

(2) Term of Contract. The IDIQ contract will be for a period of 5 years from the date of contract award.

Task Orders may be placed under this contract from the date of award through the expiration date of the Contract.

(3) Commencement. The Contractor shall commence performance of the Work in accordance with each individual Task Order.

(4) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, in accordance with each individual Task Order.

(5) Contract/Task Order Completion. Unless otherwise indicated in each individual task order, the Contractor shall achieve Task Order Completion, as the term is defined in this Agreement, within 30 calendar days of Substantial Completion. Contract Completion occurs when all Task Orders issued are complete and all monies are paid to the contractor.

(6) Work Conditions/Site Requirements: Each individual Task Order will specify the work conditions and/or site requirements.

C-6. ORDERING PROCEDURES

As the need arises for performance under the terms of this contract, the Contracting Officer or authorized representative will issue a Task Order Request for Proposal (TORFP) providing a statement of work (SOW) of the proposed project requirements, define the government evaluation method(s) to be used for subsequent award of Task Order, and establish the date, time and location of the pre-Proposal site visit. Task order issuance procedures are identified within Section F below. The costs for preparation of Task Order Proposals shall be the responsibility of the Contractor and are not directly reimbursable. The Contractor shall furnish all project management, planning, estimating, labor, transportation, mobilization, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order as defined in the pricing schedule for each project.

C-7. PROJECT LOCATIONS

The Contractor shall accomplish all work under this contract at GSA owned or leased real property in federally owned and leased facilities in the area of responsibility (AOR) covering a geographic range of

Eastern Washington, Eastern Oregon, and Idaho. Key potential project locations include but are not limited to: Richland, Yakima and Spokane, Washington; Boise and Lewiston, Idaho; Baker City, Oregon and various Washington and Idaho Land Port of Entry (LPOE) locations.

SECTION D – Packing and Marking

D-1. PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information to the CO or the COR shall be paid by the

Contractor.

D-2. MARKING

D-2.1. All information submitted to the Government shall clearly indicate the project title, contract number, and task order number for which the information is being submitted.

D-2.2. CUI Labels

When applicable, specifications and drawings that are generated must be labeled on the Cover Sheet or

First page as follows:

CONTROLLED UNCLASSIFIED INFORMATION (CUI)

PROPERTY OF THE UNITED STATES GOVERNMENT

FOR OFFICIAL USE ONLY

Do not remove this notice

Properly destroy or return documents when no longer needed

D-3. SHIPPING AND DELIVERY

D-3.1. All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the U.S. Government. Preservation, packaging and packing shall be in accordance with standard practices for commercial packaging.

D-3.2. Government personnel are not authorized to accept deliveries for the contractor, nor are they responsible for off-loading shipments. A contractor representative must be present to accept deliveries.

SECTION E – Inspection and Acceptance Terms

E-1. CLAUSES INCORPORATED BY REFERENCE:

52.246-12 Inspection of Construction Aug 1996

Supplies/services will be inspected and accepted at facilities shown on individual task orders.

E-2. INSPECTION AND ACCEPTANCE

Inspection of all products, reports, or construction under this contract shall be accomplished by the appointed GSA Contracting Officer’s Representative (COR) identified by the Contracting Officer as responsible for the product, report, or construction being delivered, or any other duly authorized

Government representative as designated in writing by the Contracting Officer. Acceptance of all work and effort under this contract (including “Reporting Requirements,” if any) shall be accomplished by any duly designated representative, as designated in writing by the Contracting Officer.

SECTION F – Deliveries or Performance

F-1. TERM OF CONTRACT

The term of the contract will be for five (5) years. The Government shall have the unilateral right to extend the term of the contract for up to 6 months, pursuant to the clause at 52.217-8, Option To Extend

Services.

F-2. TASK ORDER REQUEST FOR PROPOSAL (TORFP)

Consistent with FAR 16.505(b) each awardee will be provided a fair opportunity to be considered for each order exceeding $2,000.00, except as outlined at FAR 16.505(b) (6). Contractor’s failure to comply with the requirements outlined below may affect the consideration of the Contractor for the award of future task orders.

(a) The Contracting Officer reserves the discretion to determine the submission requirements for each task order. Each Task Order Request for Proposal (TORFP) will clearly outline the Proposal requirements and evaluation criteria. The Contracting Officer may elect to use the appropriate evaluation scheme depending on the complexity of the subject task order. The following procedures may be used:

(1) Price Proposal only. For simple work requirements. Award will be made to the lowest priced Proposal.

(2) Price Proposal and Similar Relevant Experience. For slightly more complex work where work requirements are well defined, similar relevant experience may be evaluated. The

Government will reserve the right to make a technical/price trade-off and may elect to award to a higher priced proposal where the proven similar relevant experience justifies this trade-off.

(3) Technical Proposal. Complex work where the requirements are not as well defined.

(4) Basis of Award. Task Order proposal (s) will be evaluated as LPTA or best value.

a. Lowest Price Technically Acceptable (LPTA): Award will be made to the offeror whose Proposal is technically acceptable and offers the lowest reasonable price.

b. Best Value Trade-off: Government reserves the right to make a technical/price tradeoff and to award to other than lowest priced Proposal or other than the highest rated technical Proposal.

(b) The contractors will be provided with a SOW and/or drawings, and/or specifications.

(c) Upon receipt of the Contractor’s proposal, the Government will review the proposal for completeness, proposal requirements, evaluation criteria, and pricing. The Government may enter into dialogue with the competing Offerors to clarify any discrepancies or inconsistencies in the proposal prior to making an award decision. The Government may also engage in further discussions. Award of the task order will be consistent with the criteria contained in the task order request for Proposal.

F-3. TASK ORDER ISSUANCE PROCEDURES

a. When services are required the GSA Contracting Officer or authorized representative will issue a

Task Order Request for Proposal (TORFP). Please see Attachments B, C, and D for TORFP GC

Agreement and TORFP Cover Letter that will associate a Request for Proposal at the Task

Order level. The TORFP will contain at a minimum the following information:

1. Detailed description of services required including, specifications and drawings as applicable

2. Acquisition Evaluation: LPTA vs. Best Value Trade-Offs

3. Task Order Terms & Conditions applicable to the services required

4. TORFP submittal requirements

5. Performance period

6. Bonding and Insurance Requirements

7. RFP Issue date

8. RFP Response Date

9. Range of Magnitude - ROM per FAR 36.204

10. HSPD-12 and facility security requirements

11. Applicable wage determination

12. Applicable liquidated damages

13. Site visit information

14. Submittal requirements

b. When Proposals are received in response to the TORFP, the GSA Contracting Officer will evaluate them in accordance with the selection criteria identified in the RFP.

c. Award of the TORFP will be executed by a written Task Order on a (Solicitation, Offer, and Award)

SF 1442 signed by the Contracting Officer. Task Orders will be awarded on a predominantly fixed price basis but may include other pricing arrangements and shall clearly define the specific services to be performed or the performance desired.

d. Submission of Proposals for Task Order RFPs are not mandatory. However the contractor shall notify the Contracting Officer within two (2) workdays of receipt of the TORFP if they do not intend to submit a Proposal. Failure to propose and/or communicate intent may result in a negative performance assessment.

F-4. VENDOR PAST PERFORMANCE SYSTEM

F.4.1. The General Services Administration (GSA), Public Buildings Service (PBS), uses the

Contractor Performance Assessment Reporting System (CPARS) as the secure, confidential, information management tool to facilitate the performance evaluation process and provides a record, both positive and negative, on a given contractor during a specific period of time.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The following are the modules of the system:

CPARS module: This module is used to create past performance evaluations on all procurements meeting the threshold requirements of FAR

Subpart 42.15. FAR Subpart 42.1502(d) Orders under Single-agency contracts. For single-agency task-order and delivery-order contracts, the contracting officer may require performance evaluations for each order in excess of the simplified acquisition threshold when such evaluations would produce more useful past performance information for source selection officials than that contained in the overall contract evaluation (e.g., when the scope of the basic contract is very broad and the nature of individual orders could be significantly different).

● Construction - Task Orders exceeding $750K are mandatory; however, a CPARS can be completed on any task order as deemed necessary.

F.4.2. Each task order award requiring an evaluation will be registered in CPARS by the government.

The contractor will receive several automated emails annotating contract registration and report status.

F.4.3. Within thirty days of award, the contractor will receive the first email that annotates contract registration containing user account information and evaluation module assigned.

F.4.4. Once the evaluation is completed by GSA, the contractor will receive a second email notifying them that the evaluation is ready for their review and comment. The contractor will have thirty

(30) days to respond to the evaluation. GSA provides a level above the contracting officer (i.e., contracting director) for review to consider any disagreement between GSA and the contractor regarding GSA 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.

F.4.5. The contractor will receive a third email once the evaluation is finalized in the system.

F.4.6. Contractors are encouraged to visit http://www.cpars.csd.disa.mil/allapps/cpartrng/webtrain/webtrain_all.htm to sign up for the free on-line Contractor Overview training targeted to contractor users who will provide Past

Performance Evaluation comments on the evaluations.

Unless the contractor provides a different point of contact (POC) to the contracting officer after award, the contracting officer will use the Government POC listed in the contractor’s System for

Award Management (SAM) profile as the default CPARS POC. This is the person that will receive the above CPARS email alerts.

F.4.7. GSA retains the evaluations, contractor responses, and review comments, if any, as part of the contract file. The evaluations are available for use by all Federal Agencies in support of future award decisions.

SECTION G – Contract Administration Data

G-1. ADMINISTRATIVE MATTERS

Base Contract will be administered by:

MacKenzie Dunn

Contracting Officer General Services Administration Phone: 509-863-2052 Email: mackenzie.dunn@gsa.gov

Administration of Task Orders will be indicated on individual task orders.

G-2. INVOICES

Invoicing procedures shall be established in each individual Task Order issued against this contract.

Invoice and payment clauses are contained in Section I of the contract.

G-3. ACCOUNTING AND APPROPRIATION DATA

Base Contract Minimum Guarantee: $2500.00

Task Order: Pricing will be determined on individual task orders

G-4. TASK ORDER

The Contractor shall provide and deliver all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work required in the Task Order Documents (the Work), whether temporary or permanent. Award of Task Orders will be on a predominantly fixed price basis but may include other pricing arrangements. Other pricing arrangements will be identified in each Task Order Request for Proposal (TO RFP).

Task Order in the first year of the IDIQ will fulfill the Government’s responsibility for the Minimum

Guarantee.

SECTION H – Special Contract Requirements

H-1. FEDERAL HOLIDAYS

GSA observes the following Federal Legal holidays*:

New Year's Day

Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day*

Juneteenth National Independence Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

NOTE: If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971.) See also our Federal Holidays – "In Lieu Of" Determination Fact Sheet at https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination.

**This holiday is designated as "Washington’s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

Unanticipated holidays declared by the President will count as Federal holidays. As long as the Contractor pays its employees as if it were an anticipated Federal holiday, the Contractor will be paid for the unanticipated holiday as if it were a normal Federal holiday.

The contractor must coordinate with the Contracting Officer (CO) and the Contracting Officer’s

Representative (COR) prior to working on any Federal Holidays.

H-2. MINIMUM/MAXIMUM CONTRACT AMOUNTS

Minimum Guarantee. The Government makes no representation as to the number of Task Orders or actual amount of work to be ordered; however, there is a minimum of $2,500 guaranteed to each awardee for the first year of the Contract. Contractors are not guaranteed work in excess of the minimum guarantee. The minimum guarantee will be paid to contractors who have not been awarded a task order in the first year of performance, beginning in year 2, and who have participated in 75% of all offered Task Order opportunities by GSA. Contractors who have not been issued a Task Order and who have not participated on 75% of all TO RFP’s waive their right to reimbursement by the use of the minimum guarantee. Issuance of a Task Order in the first year of the IDIQ will fulfill the Government’s responsibility for the Minimum Guarantee. The maximum aggregate amount of the EMATOC IDIQ program, inclusive of all awarded task orders, including options, shall not exceed $70 million over the life of the contract.

H-3. COMMENCEMENT OF WORK

No work under this contract will commence until such time as the Contracting Officer issues a written

Task Order and Notice to Proceed (NTP) under the Task Order. Prior to issuance of Task Order NTP, contractor may be required to provide the following:

Performance and Payment Bonds

Proof of Insurance

Security Clearance

H-4. PREPARATION COSTS

The costs for preparation of Task Order Proposals shall be the sole responsibility of the contractor and are not reimbursable. Each Task Order awarded will include at a minimum all management, supervision, mobilization, material, equipment, labor, and other applicable costs as well as overhead and profit . The contractor shall furnish all project management, planning, estimating, labor, transportation, materials, equipment, tools, supervision, design if applicable, and all other associated costs necessary to fulfill the requirements of the Task Order.

H-5. CONSTRUCTION WAGE RATE (DAVIS BACON) DETERMINATION

Applicable Construction Wage Determination(s) will be incorporated by individual TORFP’s and their associated awards.

H-6. LIQUIDATED DAMAGES

FAR Clause 52.211-12, Liquidated Damages - Construction, will be included in each Request for

Proposal (if applicable) and incorporated into the resultant Task Order (if applicable) identifying the liquidated damages rate applicable to that Task Order.

H-7. SITE INSPECTIONS

Upon receipt of the scope of work, including applicable specifications and drawings, and following a brief time period for reviewing the documents, the Contractor shall inspect the job site. Site visit information will be provided by TORFP. Any deficiencies, conflicts, or other areas of concern existing in the scope of work and applicable specifications and drawings should be brought to the attention of the

Contracting Officer, in writing. The contractor shall also notify the Contracting Officer, in writing, upon observing any features in the design that appear to be ambiguous, confusing, conflicting or erroneous.

H-8. PRE-CONSTRUCTION CONFERENCE

Prior to commencing work under a Task Order, the Contractor shall meet with the Contracting Officer and/or designated technical personnel at a mutually agreeable time to discuss and develop mutual understandings concerning schedule, logistics, security, technical approach, and administration of work.

H-9. COMPETITION

(a) Only the contractors awarded contracts as a result of this RFP will be eligible to compete for subsequent task orders. These contractors are encouraged to participate in all site visits and submit

Proposals for each requirement. Failure to propose and/or communicate intent may result in a negative performance assessment.

(b) A minimum of two Proposals submitted in response to the TORFP’s (if the Contracting Officer determines the price to be fair and reasonable) will satisfy competition requirements. If only (1) proposal is received in response to the TORFP, the Contracting Officer shall evaluate the single response for

Technical Acceptability and Fair and Reasonable pricing. If the Contracting Officer cannot make a favorable determination, the Contracting Officer can solicit to the open market.

(c) Unless the Contracting Officer applies the exceptions noted below, Awarding Orders Under

Multiple Award Contracts, each Task Order will be awarded, as a result of competition to the contractor who offers the best value to the Government considering the criteria specified in individual TORFP as outlined in section F above.

(d) The contracting officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding $2,500.00 unless one of the following statutory exceptions applies:

○ The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

○ Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

○ The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

○ It is necessary to place an order to satisfy a minimum guarantee.

○ For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

(e) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3).

When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

H-10. PERFORMANCE AND PAYMENT BONDS –APPLICABLE TO INDIVIDUAL TASK ORDERS

Contractor shall furnish Performance and Payment Bonds (Standard Form 25A) as required for each individual task order award with good and sufficient surety or sureties, acceptable to the Government.

The penal sums of the bond will be in accordance with FAR Part 28. Payment and performance bonds shall be required on Construction Task Orders exceeding $35,000.00.

H-11. INSURANCE REQUIREMENTS - APPLICABLE TO INDIVIDUAL TASK ORDERS

The Contractor shall obtain and maintain insurance for each individual task order award, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, and GSAR

552.228-5, Government as Additional Insured.

H-12. GUARANTEE OF SUBSEQUENT TASK ORDERS:

Individual Proposal guarantees (Bid Bond- Standard Form 25) shall be required unless the Task Order

Contracting Officer determines it is not in the best interest of the Government.

H-13. REPLACING IDIQ CONTRACTORS

Should one or more of the incumbent IDIQ contractor’s be terminated from the contract in accordance with Agreement section Q. Changes to Award Pools, the process for selecting replacement contractors shall follow the process outlined in paragraph (1) of that section.

H-14. WARRANTY OF DESIGN (FIRM-FIXED PRICE DESIGN-BUILD CONTRACT)

(a) The Contractor warrants that the design shall be performed in accordance with the contract requirements. Design and design related construction not conforming to the Contract requirements shall be corrected at no additional cost to the Government. The standard of care for design is defined in paragraph (b) of Special Contract Requirement “RESPONSIBILITY OF THE CONTRACTOR FOR

DESIGN.”

(b) The period of this warranty shall commence upon final completion and the Government’s acceptance of the work, or in the case of the Government’s beneficial occupancy of all or part of the work for its convenience, prior to final completion and acceptance, at the time of such occupancy.

(c) This design warranty shall be effective from the above event through the Statute of Limitations and

Statute of Repose, as applicable to the state that the project is located in.

(d) The rights and remedies of the Government provided for under this clause are in addition to any other rights and remedies provided in this contract or by law.

H-15. RESPONSIBILITY OF THE CONTRACTOR FOR DESIGN

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other non-construction services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiency in its designs, drawings, specifications, and other non-construction services and perform any necessary rework or modifications, including any damage to real or personal property, resulting from the design error or omission.

(b) The standard of care for all design services performed under this agreement shall be the care and skill ordinarily used by members of the architectural or engineering professions practicing under similar conditions at the same time and locality. Notwithstanding the above, in the event that the contract specifies that portions of the work be performed in accordance with a performance standard, the design services shall be performed so as to achieve such standards.

(c) Neither the Government’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. The Contractor shall be and remain liable to the Government in accordance with applicable laws for all damages to the

Government caused by the Contractor’s negligent performance of any of the services furnished under this contract.

(d) The rights and remedies of the Government provided under this contract are in addition to any other rights and remedies provided by law.

(e) If the Contractor is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

H-16. ALTERNATE DISPUTE RESOLUTION (ADR)

Contractors and all subcontractors may participate in resolving differences or disputes, if any, through the use of Alternate Dispute Resolution (ADR) practices. Procedures that may be applied include negotiation, facilitation, mediation, fact-finding mini-trial, arbitration, or any combination thereof. ADR practices are to be integrated into partnership efforts.

H-17. SECURITY REQUIREMENTS

H-17.1. Suitability Determinations

Please refer to Exhibit 7 - GSA Security Manual

H-18. STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.

H-19. REMOVAL FROM CONTRACT WORK

(a) As provided in the clause entitled Materials and Workmanship (FAR 52.236-5), the contracting officer or a designated representative may require the Contractor to remove any employee(s) from

GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property. This shall include, but not be limited to, instances where an employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

(b) A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

(c) Where a contractor employee is granted a temporary suitability determination, and an unfavorable final suitability determination is later rendered, the Government may insist on the employee's removal from the work site and from other work in connection with the Contract.

(d) The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed at no additional cost to the Government.

H-20. SAFEGUARDING DOCUMENTS DESIGNATED AS CONTROLLED UNCLASSIFIED

INFORMATION (CUI)

Certain information contained in the Solicitation Documents may be designated as Controlled

Unclassified Information (CUI)building information. With respect to such information, Offerors shall agree to the terms for receipt and care of such information in accordance with GSA Order PBS P

3490.3.

SECTION I – Terms and Conditions

Please see Attachment A Eastern MATOC Terms and Conditions for the applicable Clauses and

Provisions.

SECTION J – List of Documents, Exhibits and Other

Attachments

Attachments

A. IDIQ Terms & Conditions B. Example of TO Agreement C. Example of TO Reps and Certs D. Task Order Request for Proposal (TORFP) - SEED Project (Future TORFPs will follow this format) E. Seed Project ~ Statement of Work (SOW) - (Signed CUI must be received prior to release of documents ~ Exhibit 2) F. Seed Project ~ Price & Services Schedule and Associated Worksheets (Signed CUI must be received prior to release of documents ~ Exhibit 2) G. Seed Project ~ Construction Wage Rate Determination - WA20220017 02/25/2022

Exhibits

1. PBS 3490.3 PBS CHGE 1 Security for Sensitive Building Information Related to Federal

Buildings, Grounds, or Property (formally SBU)

2. Read me First - CUI Agreement

3. GACA (Google Account Contractor Authorization)

4. Contractor Project Experience Form

5. Key Personnel Resume Form

6. Past Performance Questionnaire

7. HSPD-12 Vendor Determination Manual

8. IDIQ Price Schedule

SECTION K – Representations, Certifications and Other

Statements of Offerors

Please see Attachment A - EMATOC IDIQ Terms and Conditions and Attachment C - Example of TO Reps and Certs.

SECTION L – Instructions, Conditions and Notices to Offerors

L-1. GENERAL INFORMATION

This solicitation is set aside for eligible Small Business Concerns Only.

L-1.1. General Description of Work

General Services Administration (GSA) Region 10 intends to conduct this acquisition by use of

Competitive Source Selection Procedures in accordance with the provisions set forth in the Request for

Proposal (RFP), FAR Part 15. The Government intends to award up to six (6) Indefinite

Delivery/Indefinite Quantity contracts as part of a Multiple Award Task Order Contract (IDIQ) pool for

Eastern MATOC for GSA Region 10, to the offeror(s) submitting proposals determined to be most advantageous to the Government; price, and other factors considered. Task orders awarded under this

IDIQ will be on a predominantly fixed price basis but may include other pricing arrangements. The intent is to award up to six (6) contracts; however, if the Contracting Officer determines during the source selection process that fewer or more than that number of contracts should be awarded, the Contracting

Officer has the discretion of adjusting that number (higher or lower), or awarding none at all. In any case, the Government may not award any IDIQ contract if the resulting contract would not represent a

"best value" to the Government using trade-off selection procedures as required by the Federal

Acquisition Regulation (FAR). It is strongly suggested that the provisions stated in section L and M be fully studied prior to assembly of the proposal.

L-1.2. Copies of Solicitation Documents and Amendments

Copies of the solicitation are available by INTERNET ACCESS ONLY. All solicitation documents will be posted to the System for Award Management (SAM) website at: http://www.sam.gov under solicitation number 47PL0122D0035 titled Eastern Multiple Award Task Order Contract

(EMATOC).

It shall be the contractor’s responsibility to check the website for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

Offerors are encouraged to form teaming arrangements, joint ventures, or consortiums involving two or more small businesses. For consolidated acquisitions, the size standard is applied to the individual person or concerns, not to the combined assets of the joint venture. Note: This type of strategy allows members of the Small Business Community to leverage their capabilities to participate at the prime level without invalidating their status as small businesses.

A list of interested vendors (potential offerors and subcontractors) is available on the sam.gov website.

L-1.3. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. The offeror shall submit in the proposal all requested information specified in this section of the Request for Proposal (RFP) solicitation at or before the exact time specified. Failure to meet a requirement may result in an offer being ineligible for award.

L-1.4. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination and if, in the Contracting Officer's opinion, adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition, the

Contracting Officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness and fairness of the price.

L-1.5. Exceptions / Assumptions (if required)

Identification and explanation of any exceptions or deviations. Any assumptions used in the proposal preparation must be fully explained. Offerors must clearly identify any exceptions to the solicitation terms and conditions and provide complete accompanying rationale. Exceptions taken to terms and conditions of the TORFP, to any of its formal attachments, or to other parts of the solicitation shall be identified. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost and specific requirements of the solicitation. This information shall be provided in the format and content of Table 1 listed below. Failure to comply with the terms and conditions of the solicitation may result in the offeror being removed from consideration for award.

Table 1 - Solicitation Exceptions

Solicitation Document

Paragraph /

Page Requirements / Portion

Rationale

SOW, Attachment , etc. Applicable

Page and paragraph

Identify the requirement Justification

L-1.6. North American Industry Classification System (NAICS) code and Small Business Size

Standard. The NAICS code for this acquisition is 236220. The small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture is $39.5 million.

L-1.7. Government Point(s) of Contact. The Contracting Point(s) of Contact (POC) are the sole point of contact for this acquisition. Address any questions (including technical questions) or concerns you may have to the Contracting POC(s). This may be done via email.

mackenzie.dunn@gsa.gov, Contracting Officer

Task Order: The Contracting Point(s) of Contact (POC) will be provided at the Task Order level.

L-1.8. Errors and Omissions. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the

Contracting POC in writing via email to mackenzie.dunn@gsa.gov with supporting rationale.

The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions.

L-1.9. Other Information Required: Provide the name, title and telephone number(s) of the company/division point(s) of contact regarding binding decisions made with respect to your

Proposal and who can obligate your company contractually.

L-2. SPECIFIC INSTRUCTIONS (Organization/Distribution/Number of Copies/Page Limits)

L-2.1. This Request for Proposal (RFP) does not commit the Government to any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation. Note specifically that the offeror will not be participating in a sealed bid procurement process under this acquisition method. Issuance of this RFP does not constitute an award commitment on the part of the Government.

L-2.2. The Government reserves the right to clarify aspects of an RFP with an individual offeror or offerors.Further, the Government reserves the right to discuss aspects of proposals with offerors in the competitive range, if a competitive range is determined to be necessary, upon completion of the evaluation, and to award a contract. Offerors are advised that the Government may make an award without discussions, clarifications, or any contact concerning the proposals received. Therefore, proposals should be submitted initially on the most favorable terms from a price and technical standpoint. Do not assume that offerors will be contacted or afforded an opportunity to clarify, discuss or revise their proposals.

L-2.3. Proposals must set forth full, accurate, and complete information as required by this RFP, (including attachments), if applicable. The penalty for making false statements is prescribed in

18 U.S.C. 1001.

L-2.4. Each offeror shall submit a proposal that consists of four (4) Volumes:

Volume I - Administrative Matters

Volume II - Experience and Approach

Volume III - Past Performance Information

Volume IV - Price Proposal

L-2.5. Binding and Labeling: Volumes I, II, III and IV may not be submitted together within the same binding (separate volume submissions are required). Each volume shall include, as a minimum, the following:

● Volume number on proposal cover.

● The prime, consortium, or joint venture’s name, address, telephone number, and e-mail address shall appear in the lower left corner of the Proposal cover, title page and table of contents of any document/volume to be evaluated.

● Signature of the official that can bind the firm shall appear on the title page.

● Proposal volume cover format is at the offeror’s discretion so long as the information required by this paragraph and subsequent paragraphs are met.

● Table of contents and a cross-reference to the solicitation paragraphs. Offerors shall include a cross reference table showing where RFP requirements can be found in their proposal.

● List of tables/figures/acronyms.

● Volume number, factor and date submitted shall appear in the bottom right corner of each page (along with the revision number for the amended page, if necessary).

L-2.6. Proposals shall be submitted in (4) four volumes as indicated in M-1.. Each volume shall include one attachment with all supporting documents.

*NOTE: In accordance with FAR Subpart 4.8, "Government Contract Files," the government will retain a copy of all unsuccessful Proposals.

L-2.7. Proposals shall be received No Later Than: July 25, 2022 1:00 PST One electronic copy in a text searchable unlocked/unprotected portable document format (pdf) for each volume as indicated in table M-1, and an unlocked/unprotected Excel document for all pricing (seed project), which includes all attachments of each volume to the following:

Electronic Submissions: (Preferred)

E-mail: mackenzie.dunn@gsa.gov, Contracting Officer cc: Heather.bowden@gsa.gov, Contracting Officer

Mailing Address:

General Services Administration

ATTN: Construction Acquisition Branch (10PQC-C)

MacKenzie Dunn

904 W. Riverside Ave. Room 135

Spokane, Wa 99208

Phone: (509) 863-2052

The Packaging that contains the Proposal shall be marked: Proposal for Solicitation

47PL0122R0035 titled Region 10 Eastern Multiple Award Task Order Contract (R10 ESC

MATOC)

Be sure to apply all appropriate markings including those prescribed in accordance with FAR

52.215-1(e), "Restriction on Disclosure and Use of Data."

Offers shall be submitted at the location stated and by the time and date as specified in Section

A, Page 1 (SF1442).

L-2.8. Page Format Restrictions and Limitations

L-2.8.1. Page Limitations: Page limitations shall include typewritten text pages, charts, graphs, figures, diagrams, schematics, etc., aside from those items specifically stated as exempt from the page count.

Outlines and other similar information documents shall be included as numbered pages - no exceptions. The number of pages per factor shown in Table L-1 below may be varied by the offeror to suit its needs for certain identified factors, however, the total number of pages for the Proposal submitted shall not exceed seventy-five (75) pages for Volume II, fifty (50) pages for factors 1-2 and twenty-five (25) pages for Volume II, Factor 3, Technical Approach for the

Seed project. Compliance with page count limits shall be verified via the electronic copy. If exceeded, the excess pages will not be read or considered in the evaluation of the Proposal.

L-2.8.2. Pages Counted: Each page shall be counted except the following: cover pages, executive summary, table of contents, title page, list of tables/figures/acronyms, glossaries, separator tabs, dividers, blank pages, Past Performance Questionnaires, Volume III in its entirety, and

Volume IV Price. NOTE: Proposals that exceed the page limits will have only those pages that are within the page count limits evaluated. All information appearing thereafter will not be evaluated.

L-2.8.3. Page Size: Unless otherwise stated, a “page” is defined as being one side of an 8.5” x 11” sheet of paper. Pages shall be typewritten, except for the reproduced sections of the solicitation document, which should be readable, and the font size shall be Times New

Roman, 12 point (no exceptions)., this includes, but is not limited to all charts, graphs, figures, diagrams, and schematics. All text shall be legible and easily read. Margins on all four edges of each sheet will be at least one-half (0.5) inch.