2 Soliciation Amend 5 47PK0124R0019 2025 01 07.pdf

GSA Solicitation No. 47PK0124R0019, Amendment 5-1/7/2025

Document: C201-SB GC/April 2024 (The Solicitation)

Construction Contract for:

“SAN YSIDRO LAND PORT OF ENTRY (SYLPOE) FEDERAL MOTOR

CARRIER SAFETY ADMINISTRATION (FMCSA) BUS INSPECTION

FACILITY”

4841 CAMINO DE LA PLAZA

SAN DIEGO, CA 92173

THE SOLICITATION (Amendment 5 – 1/7/2025)

Notice of Small Business 8(a) Competitive Set-Aside

The proposed contract is being solicited under the SBA 8(a) program as a Competitive Acquisition, in accordance with FAR Part 19.

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

(CUI) Building Information

J. INFORM

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. FAR 52.216-1 Type Of Contract C. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of

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

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

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

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

K. Certified Cost or Pricing Data

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.219-18 Notice of Competition Limited to 8(a) Eligible Participants C. Additional Clauses

VI. Method Of Award

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

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Competition Limited to Eligible 8(a) Concerns, 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

(5) Wage Determination

(6) Statement of Work, Specifications, Drawings, and any other Technical or Supplementary Documents provided as attachments to the RFP

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: Heather Caney

Address: 333 W Broadway, Suite 1001, San Diego, CA 92101

Telephone: 619-517-6554

Email: heather.caney@gsa.gov

I.D. Pre-Proposal Conference

NA

I.E. Estimated Price Range The estimated price range for the Project is between $5 million and $15 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) Attendee Limitation / Identification

The Site Visit shall be limited to not more than three (3) representatives from each Offeror (which includes Offeror representatives as well as subcontractors).

Limited parking is available on-site for site visit attendees.

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

(3) Date and Location The site visit will be conducted by the GSA Project Manager on the date and time shown below.

Date: November 6, 2024 Time: 11:00 AM PT Location: 4841 Camino De La Plaza, San Diego, CA 92173

The site visit will begin promptly at 11:00 AM. This will be the only site visit scheduled.

No questions will be formally addressed during the site visit. All questions shall be submitted in writing and will be responded to formally via RFP Amendment.

GSA Project Manager, Jim Voegel, contact information: 415-601-9174 (Cell)

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 Pacific Time on the following date and at the following address.

Date: January 15, 2025, 4:00 PM PT January 27, 2025, 4:00 PM PT

Address: Email complete Proposal, including Bid Bond, to the Contracting Officer, Heather Caney, heather.caney@gsa.gov

NOTE: Your complete proposal is to be emailed only; no originals are to be mailed.

Reference the RFP Number in the email submission.

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. Acknowledgement of Amendment(s)

7. Other Documents as Required mailto:heather.caney@gsa.gov

II.B. Proposal Format Proposals are to be emailed only; See Section I.H.

Proposals shall consist of two separate pdf files, as follows:

● Part I: Technical Proposal

● Part II: Price Proposal, to include all other required documents referenced in

Section II.A.

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.

The Price Proposal on the SF1442 shall include the following:

1. Base work (consisting of the lump sum bid).

2. Compensable delay costs (as calculated on the SF1442).

3. Contract modification mark-up rate (as calculated on the SF1442).

1. Base Work. The prices included in the base work lump sum amount shall include all costs necessary to complete the work for which the price is established in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

2. Compensable Delay Costs. The contractor shall provide an offer for a proposed daily delay rate to be used as the sole daily delay cost to include all contractor and subcontractor (at any tier) field overhead, home office overhead, general overhead, general and administrative costs, commissions, profits, bonds, insurance fees, and any other direct and indirect costs which are the result of delays caused solely by the government, for use in compliance with the Compensable Delay Costs clause in the Agreement.

For purposes of price evaluation only, the rate will be multiplied by the notional number of days shown on the SF1442 and added to the Contractor’s Offer. In no way does this establish entitlement to the costs shown on the SF1442, and under no circumstances will the Government be liable to the contractor should actual compensable delays vary by any degree from the evaluation estimate.

3. Contract Modification Mark-Up Rate. The contractor shall provide an offer for a mark-up rate that will be in the form of a single mark-up to be applied to the total direct cost of any modification, and will be inclusive of all prime and first tier subcontractor overheads, general and administrative cost, bonds, insurance, site overhead, miscellaneous costs such as small tools and the like, and all other indirect and direct costs associated with any contract modification. This rate offered by the contractor shall be accepted by the government and used in contract modifications in lieu of negotiating overhead, commission, and profit, and will be applied to the overall total of direct costs on each modification for the prime contractor and first tier subcontractors, for use in compliance with the Contract Modification Mark-up Rate clause in the Agreement.

For purposes of price evaluation only, the offered markup will be multiplied by the notional direct costs shown on the SF1442 to arrive at the evaluated modification mark-up cost and added to the Contractor’s Offer. In no way does this establish entitlement to the costs shown on the SF1442, and under no circumstances will the Government be liable to the contractor should actual modification quantities vary by any degree from the evaluation estimate.

(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

Submit a detailed proposal breakdown of your Base Work lump sum price. Follow the divisional breakdown as referenced in the Specifications, and clearly identify detailed labor and material costs as well as all proposal markups (Overhead, Profit, Bond, Insurance). The proposal breakdown is requested for evaluation purposes only and will not be incorporated into any resultant contract.

II.D. Technical Proposal

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

The Technical Evaluation Factors and associated relative "weight" for each is as follows:

1. Evaluation Factor 1 - Specialized Experience on Similar Projects (40%)

2. Evaluation Factor 2 - Past Performance (35%)

3. Evaluation Factor 3 - Qualifications/ Experience of Key Personnel (20%)

4. Evaluation Factor 4 - Experience Coordinating with other Entities (5%)

For purposes of the technical evaluation, the following similar work definition is applicable to all projects to be submitted for the specified technical evaluation factors:

Similar Work Definition:

● A single repair and alterations project with a minimum dollar value of $4,000,000.00;

● Substantially complete within the last eight (8) years;

● Involving new construction, renovations, improvements and/or expansions at Government or Commercial Facilities.

Note: The projects submitted for Evaluation Factors 1, 2, and 4 are not required to be the same three (3) projects submitted for each shall be the same three (3) projects submitted for each. Ensure the information required for each Factor is included in the submission.

It is the offeror’s responsibility to clearly specify which 3 projects are being submitted for each evaluation factor. If an offeror fails to clearly specify which projects align with which factors, then the offeror will be considered non-responsive and they will be ineligible for award.

1. Evaluation Factor 1 – Specialized Experience on Similar Projects (40%)

This factor considers the extent of the Offeror’s past experience as a firm in providing similar construction services. Experience will be evaluated by analysis of information provided by the offeror.

The Offeror must demonstrate successful experience as a General Construction (GC) Contractor responsible for the construction of three (3) projects that meet the similar work definition.

The standard for this factor is met when:

The standard is met when an Offeror demonstrates that they have the required experience providing similar construction services.

Additional consideration under this factor:

More weight may be given for Offerors who submit projects reflecting any of the following:

(1) A project involving new building construction and/or the renovation of a structure 5000 SF or larger.

(2) A narrative that clearly illustrates how the characteristics of a project are similar to the specific requirements under this project.

Submittal requirements for this factor:

For this evaluation factor, the Offeror is required so submit three (3) projects that meet the similar work definition. If more than three (3) projects are provided, the Government will only consider and review the first three (3) projects. As a reminder, the same three

(3) projects submitted under this factor shall be the same three (3) projects submitted for Factors 2 and 4.

For each project, provide the project name, contract number (if applicable), location, point of contact name and email, award date, substantial completion date, total dollar value, a narrative that clearly illustrates how the characteristics of the project meet the similar work definition, and any challenges encountered and how the Offeror addressed them. Information submitted for each project shall not exceed three (3) pages.

2. Evaluation Factor 2 – Past Performance (35%)

This factor considers the past performance of the Offeror on similar construction projects.

The Offeror must demonstrate satisfactory past performance for three (3) projects that meet the similar work definition.

This factor will be evaluated based upon the information provided by the Offeror and by the evaluation of responses of references recommended by the Offeror. The quality of the reference information supplied will be considered. 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 issues or clerical items.

The Government also reserves the right to use other government data available in its assessment of the offeror and 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 a database of GSA PPQs submitted by Offerors.

Evaluation of past performance is a subjective assessment based on consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. In the case of an Offeror without a record of past performance, or for whom information on past performance is not available, that Offeror will be given neither a favorable nor an unfavorable evaluation regarding past performance.

In accordance with 13 CFR 125.11, GSA will consider the past performance of certain small business offerors that have been members of joint ventures or have been first-tier subcontractors. GSA shall consider the small business' past performance for the evaluated contract or order similarly to a prime contract past performance.

(A) Small business concerns that have been members of joint ventures —

(1) Joint venture past performance.

(i) When submitting an offer for a prime contract, a small business concern that has been a member of a joint venture may elect to use the experience and past performance of the joint venture (whether or not the other joint venture partners were small business concerns) where the small business does not independently demonstrate past performance necessary for award. The small business concern, when making such an election, shall:

(a) Identify to the contracting officer the joint venture of which the small business concern is or was a member;

(b) Identify the contract or contracts of the joint venture that the small business elects to use for its experience and past performance for the prime contract offer; and

(c) Inform the contracting officer what duties and responsibilities the concern carried out or is carrying out as part of the joint venture.

(ii) A small business cannot identify and use as its own experience and past performance work that was performed exclusively by other partners to the joint venture.

(B) Small business concerns that have performed as first-tier subcontractors —

(1) Responsibility of prime contractors. A small business concern may submit a rating of its subcontractor past performance from the prime contractor for a contract on which the concern was a first-tier subcontractor and which included a subcontracting plan. The rating provided by the prime contractor to the first-tier small business subcontractor shall utilize the five-scale ratings system found in FAR

42.1503 (48 CFR 42.1503): Exceptional, Very Good, Satisfactory, Marginal, and Unsatisfactory. The prime contractor must include, at a minimum, the following evaluation factors in the requested rating:

(i) Technical (quality of product or service);

(ii) Cost control (not applicable for firm-fixed-price or fixed-price with economic price adjustment arrangements);

(iii) Schedule/timeliness;

(iv) Management or business relations; and

(v) Other (as applicable).

(2) Joint ventures that performed as first-tier subcontractors. A small business member of a joint venture may submit a past performance rating under paragraph (B)(1) of this section, where a joint venture performed as a first-tier subcontractor.

The standard for this factor is met when:

The standard is met when an Offeror demonstrates satisfactory past performance on similar construction projects.

Additional consideration under this factor:

More weight may be given for Offerors who submit the following:

(1) Awards or commendations for projects at or above $5,000,000.00.

Submittal requirements for this factor:

For this evaluation factor, the Offeror is required so submit three (3) projects that meet the similar work definition. If more than three (3) projects are provided, the Government will only consider and review the first three (3) projects. As a reminder, the same three

(3) projects submitted under this factor shall be the same three (3) projects submitted for Factors 1 and 4.

The Offeror shall provide a GSA Past Performance Questionnaire (PPQ) OR copy of the final CPARS evaluation for each of the three (3) projects submitted. It is the Offeror’s responsibility to provide sufficient information regarding their reference projects for the Government to determine if a project meets the similar work definition.

The GSA PPQ form is provided as an attachment to the RFP. Completed GSA PPQs should be submitted with the proposal. Ensure correct phone numbers and email addresses are provided for the client point of contact. Offerors should follow-up with clients/ references to ensure timely submission of questionnaires. If the client requests, the client may submit a questionnaire directly to the Government's point of contact via email to heather.caney@gsa.gov prior to proposal closing date. Offerors may resubmit GSA PPQ’s previously submitted under other proposals or may obtain an updated/new GSA PPQ from a client for any submission.

Offeror’s may also include performance recognition documents received within the last eight (8) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

3. Evaluation Factor 3 – Qualifications/ Experience of Key Personnel (20%)

This factor considers the Offerors qualifications and experience of proposed Key Personnel. Qualifications and experience will be evaluated by analysis of information provided by the Offeror.

The Offeror shall submit resumes and any other relevant documentation as applicable for the following positions:

● Project Manager

○ The Project Manager shall have a minimum of five (5) years of experience as a project manager on similar projects, at least one (1) of which was for the Federal Government.

● Construction Superintendent

○ The Superintendent shall have a minimum of five (5) years of experience as a superintendent on similar projects that included multiple trades, new construction, and coordination with multiple local authorities having jurisdiction (AHJ’s), at least one (1) of which was for the Federal Government.

As specified in the SOW, the Offeror will be required to provide personnel with the following qualifications: Site Safety and Health Officer (SSHO); Quality Assurance (QA) Manager. The project manager and the quality assurance manager may be performed by the same individual. The superintendent and the SSHO may be performed by the same individual. Indicate on the Key Personnel resumes if they hold these additional qualifications.

The qualifications of the proposed Key Personnel shall be clearly identified in the submitted resumes and shall address their relevant skills, experience, professional certification or licensure, and education level. Additionally, resumes shall reflect relevant experience on at least two (2) projects that meet the similar work definition.

Performance under the submitted projects shall be for the same position as proposed under this project.

The standard for this factor is met when:

The Offeror submits all required information demonstrating the qualifications and experience of Key Personnel as described.

Additional consideration under this factor:

More weight may be given for Offerors who submit information addressing any of the following -

(1) The Key Personnel have worked together on previous projects.

(2) The Key Personnel have worked on Federal projects requiring permitting and coordination with local authorities having jurisdiction.

Submittal requirements for this factor:

The Offeror must submit resumes for each of the Key Personnel identified.

Key Personnel resumes shall include at a minimum:

● Five (5) years of experience in the construction industry in the position for which they are assigned on this project.

● Level of education.

● Special training and/or certifications and licensure.

● Additional qualifications.

● A minimum of two (2) projects meeting the similar work definition. For each project, provide the project name, contract number (if applicable), location, point of contact name and email, award date, substantial completion date, total dollar value, and include a detailed list or description of the individual's duties performed.

● Highlight any other previous work experience relevant to this project, if applicable.

● Attach any certificates or licenses, if applicable.

Documentation submitted for each of the Key Personnel, including the required resume, certificates, etc, shall not exceed five (5) pages.

4. Evaluation Factor 4 – Experience Coordinating with other Entities (5%)

This factor considers the extent of the Offeror’s experience as a firm coordinating with other entities to successfully complete a similar construction project. Experience will be evaluated by analysis of information provided by the offeror.

The Offeror must demonstrate successful experience coordinating with other entities on at least three (3) projects that meet the similar work definition. Coordination activities with other entities may include but are not limited to:

● obtaining design plan review and approval

● obtaining permits

● coordination of work on entity property in order to accomplish work for the project (such as coordination of road closures, obtaining encroachment permits, etc.)

The standard for this factor is met when:

The standard is met when an Offeror demonstrates that they have the required experience coordinating with other entities to successfully complete a similar construction project.

Additional consideration under this factor:

More weight may be given for Offerors who submit projects reflecting any of the following:

(1) A project involving coordination with Caltrans.

(2) A project involving coordination with the City of San Diego.

Submittal requirements for this factor:

For this evaluation factor, the Offeror is required so submit three (3) projects that meet the similar work definition. If more than three (3) projects are provided, the Government will only consider and review the first three (3) projects. As a reminder, the same three

(3) projects submitted under this factor shall be the same three (3) projects submitted for Factors 1 and 2.

For each project, provide the project name, contract number (if applicable), location, point of contact name and email, award date, substantial completion date, total dollar value, and a narrative that clearly illustrates all coordination activities that were completed under the project. Information submitted for each project shall not exceed three (3) pages.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

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

Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301).

(2) Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract.

Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

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 https://www.sam.gov/ 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. Questions/ Requests for Clarification or Interpretation Deadline For Submission of Questions: NOVEMBER 15, 2024, 4:00 PM PT.

Questions must be submitted in writing via email by the date and time specified, to Heather Caney, heather.caney@gsa.gov

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. No questions will be accepted or addressed after the deadline specified.

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 mailto:heather.caney@gsa.gov http://www.sba.gov/ http://www.sba.gov/ 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 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 the 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 email 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 http://www.cpars.gov/ http://www.cpars.gov/ https://www.cpars.gov/lc.htm request the name and email address of the person that will be responsible for the CR role on your award.

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

GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

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

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

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

III.J. INFORM

A. Overview of the IN-depth Feedback through Open Reporting Methods (INFORM) Process

This solicitation is part of GSA’s post award communication process called INFORM. The process is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting1 that is not required by statute or regulation. For Part 15 including mandatory debriefs and Part 16, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM process as further discussed below.

B. Detailed Description of the INFORM Process

1 The oral feedback meeting may be held in person or via an electronic means.

B.1. Component 1 - Notification of Award

After award and in accordance with any post-award notification timeframes required by regulation (i.e., FAR Parts 15.503(b) and 16.505(b)(6)), the contracting officer will issue written notices to the successful and unsuccessful offerors (the Notification Letter and Evaluation Statement (NLES)). The notices will contain:

● All information required by statute or regulation;

● An unredacted copy of the complete technical evaluation for that particular offeror that includes a full description of the unsuccessful offeror’s strengths, weaknesses, risks, and deficiencies;

● An overall technical evaluation summary for that particular offeror and the successful offeror that includes evaluated price; overall technical ranking, rating, or score.

B.2. Component 2 - Request for Oral Feedback Meeting or Written Questions

Within three business days after receipt of the NLES, an offeror may, but is not required to:

● submit a written request to the contracting officer for an oral feedback meeting;

● submit a list of written questions to the contracting officer; or

● take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR 15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three day time period, the receipt of the NLES concludes the INFORM process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer’s response to the written questions will conclude the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506.

If the offeror requests an oral feedback meeting, the offeror should provide the following information:

● Primary point of contact;

● List of participants with titles (e.g., Senior Vice President);

● List of topics to assist GSA better prepare for the oral feedback meeting;

and

● Preference for in-person, telephone, or web-based conferencing (if available).

B.3. Component 3 - Oral Feedback Meeting

During the oral feedback meeting, GSA’s objectives are to provide:

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

● Any additional information about the fairness and impartiality of the evaluation and why the award decision was rational;

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

GSA will not provide any information that is prohibited by law or regulation.

B.4. Component 4 - Post Oral Feedback Meeting Questions

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

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 (Sep 2023)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the ASSIST website identified in paragraph (a) of this provision.

https://assist.dla.mil/ https://assist.dla.mil/ https://assist.dla.mil/

(End of provision)

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

IV.C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work (MAY 14)

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

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

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

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

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

(Applicable to solicitations resulting in construction contracts in excess of $10,000.)

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

Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

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, County of San Diego, City of San Diego

IV.E. Buy American Requirements

FAR 52.225-12 Notice of Buy American Requirement-Construction Materials Under Trade Agreements (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country 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 Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination 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 FAR clause 52.225-11 in the request. If an offeror has not https://www.acquisition.gov/far/52.225-11#FAR_52_225_11 requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(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, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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 FAR clause 52.225-11 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 FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahraini, Mexican, or Omani 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) https://www.acquisition.gov/far/52.225-11#FAR_52_225_11 https://www.acquisition.gov/far/52.225-11#FAR_52_225_11…