SAT GC Solicitation 47PE1924R0003.pdf

GSA Solicitation No. 47PE1924R0003

Document: 47PE1924R0003 (May 17, 2024) The Solicitation

Region 4 Indefinite Delivery / Indefinite Quantity (IDIQ), Multiple Award Task Order Contracts (MATOC), for Construction Services in the States of Mississippi, Alabama, Georgia, Tennessee, Florida, Kentucky, North

Carolina, and South Carolina

THE SOLICITATION

47PE1924R0003

Notice to Offerors of Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following:

52.219-6, Notice of Total Small Business Set Aside

Table of Contents

I. General Information A. Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Estimated Price Range E. Receipt of Offers

II. Proposal

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

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

IV. FAR/GSAR Solicitation Provisions A. FAR 52.211-1, Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR 101-29 B. FAR 52.216-1, Type of Contract C. FAR 52.216-27, Single or Multiple Awards D. FAR 52.222-5, Construction Wage Rate Requirements-Secondary Site of Work E. FAR 52.222-23, Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction F. FAR 52.225-10, Notice of Buy American Requirement-Construction Materials G. Buy American Exceptions H. FAR 52.233-2, Service of Protest I. FAR 52.252-1, Solicitation Provisions Incorporated by Reference J. GSAR 552.102, Incorporating Provisions and Clauses by Reference

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

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

G. Evaluation of Joint Venture Offers

VII. Attachments A. Project Experience and Past Performance Form B. Offeror Representation and Certifications C. GSA 527, Contractor’s Qualifications and Financial Information

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for multiple award, Indefinite Delivery Indefinite Quantity (IDIQ), contracts for General Construction Services as described in the attached Agreement. Separate Proposals are required for each of the following geographic areas in which an offeror chooses to compete for award(s):

• Mississippi: Entire state

• Alabama:

Zone 1: (Birmingham / Huntsville)

Zone 2 (Montgomery / Mobile)

• Florida:

Zone 1: (Pensacola / Gainesville/ Tallahassee/ Tampa/ St. Petersburg/ Ft. Myers / Ocala/ Orlando/ Jacksonville) Zone 2: (Fort Pierce/ Miramar/ West Palm/ Fort Lauderdale/Miami/ Key West

• Tennessee:

Zone 1: (Nashville / Knoxville) Zone 2: (Memphis)

• Kentucky: Entire State

• North Carolina:

Zone 1 (Charlotte/ Asheville/ Greensboro/ Statesville/ Winston-Salem) Zone 2 (Raleigh / Durham/Wilmington)

• South Carolina: Entire state

• Georgia:

Zone 1: Atlanta

Zone 2: Macon / Savannah

Solicitation

Contractors are allowed to submit proposals for multiple geographical areas. Separate proposal evaluations and awards will be made for each geographic area.

Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offerors, subject to the conditions set forth herein.

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

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

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

I.B. List of Solicitation Documents

The Solicitation package is comprised of:

(1) The Solicitation

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

(3) Project Experience and Past Performance Form

(4) Offeror Representation and Certifications

(5) GSA 527, Contractor’s Qualifications and Financial Information

(6) The Agreement and Attachments to the Agreement.

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: Karen Dukes

Address: 77 Forsyth Street SW, Atlanta, GA 30303

Email: Karen.Dukes@gsa.gov

Contract Specialist Information

Name: Christina Almond

Address: 77 Forsyth Street SW, Atlanta, GA 30303

Email: Christina.Almond@gsa.gov mailto:Karen.Dukes@gsa.gov

I.D. Price Range

See the Agreement, Paragraph I.C, Contract Duration, and Paragraph I.D, Contract Limits, and Amounts.

I.E. 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 email addresses no later than June 17, 2024, at 4:00 pm Eastern Standard Time (EST).

(2) Offers will only be accepted electronically via email. Proposals must be sent to:

Email: Christina.Almond@gsa.gov Subject line: “Region 4 GC IDIQ 2024 - Offeror Name - E-Mail # of #.”

(3) To prevent proposals from going to GSA spam folders, contractors are prohibited from submitting proposals as compressed file attachments (namely .exe files). Instead, when a proposal exceeds the maximum file size of 25 MB, the contractor is advised to divide the proposal into smaller attachments. The contractor is advised to send the smaller attachments in as many e-mails as practicable. In such a case, the subject line of the e-mail must be numbered accordingly (e.g. E-Mail 1 of 3, E-Mail 2 of 3, etc.) to alert the Contracting Officer and/or Contract Specialist of how many e-mails to anticipate from that contractor.

II. Proposals

II.A. Proposal Contents

The offeror’s proposal must include all data and information requested. Any offeror who submits an incomplete package may be considered ineligible for award. Non-conformance with the instructions provided may result in an unfavorable proposal evaluation. Material contained in proposals that exceed the requisite page limit will be disregarded and not considered in the evaluation. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation. The proposal should not simply rephrase or restate the Government's requirements, but rather provide convincing, factually based explanation on how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience. The Government will base its evaluation on the information presented in the offeror’s proposal, and the Government reserves the right to use any past performance information available to it. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussions. Changes to the solicitation prior to the deadline for receipt of proposals will be executed via issuance of SF30.

The SF30 will be posted and available on http://www.SAM.gov under the announcement number of the solicitation. Offerors are encouraged to check the solicitation announcement regularly to verify issuance of amendments. Offerors shall acknowledge receipt of any amendment and provide confirmation upon submission of the offeror’s proposal on the SF1442.

Any unacknowledged amendments in the offeror’s proposal will be considered a deficiency in the evaluation of the proposal.

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

http://www.sam.gov/

(1) Price Proposal

• Signed Standard Form 1442 and all amendments acknowledged.

• Offeror Representations and Certifications

• GSA Form 527, Contractor’s Qualifications and Financial Information

(2) Technical Proposal

• Attachment A: Project Experience & Past Performance Forms

• General Contractor License for the state in which the proposal is being submitted

• Resumes for Key Personnel

II.B. Proposal Format

Proposals shall be submitted in electronic format only. Attachments to email will only be accepted, no physical copies will be accepted: paper, CDs, etc. Vendors must submit 2 files, containing the following contents in the referenced file extensions:

File 1 – PDF file: [Vendor Name] - [Insert Geographic Area] - Price Proposal

Contents to be included are: Signed SF1442, Offeror Representations and Certifications, GSA Form 527, Contractor’s Qualifications and Financial Information

File 2 – PDF file: [Vendor Name] - [Insert Geographic Area] - Technical Proposal

Contents to be included are: Attachment A: Project Experience & Past Performance Forms, General Contractor License for the state in which the proposal is being submitted, Resumes for Key Personnel

II.C. Price Proposal

(1) Contents

1. The Price Proposal shall consist of the SF 1442 and the Agreement. The Offeror must completely provide all information as requested on this document. The SF 1442 must be fully executed by the Offeror by acknowledging any amendments to the solicitation in Block 19, completing blocks 20A and 20C, and signing block 20B.

2. Offeror 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 (Attachment B).

3. GSA Form 527, Contractor’s Qualifications and Financial Information shall be completed to determine the financial capability of the Offerors as to whether they meet the financial responsibility standards in accordance with the Federal Acquisition Regulation (FAR) 9.103(a) and 9.104–1 and also the General Services Administration Acquisition Manual (GSAM) 509.105–1(a) (Attachment C).

(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.

II.D. Technical Proposal

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

1. Project Experience

2. Past Performance

3. Qualifications of Key Personnel

The technical qualification factors requested are to be submitted on the forms which have been detailed in section VI. where applicable. When submitting electronically please combine the forms into one file, sequentially.

II.E. Other Information to Submit with Proposal

(1) Evidence of Licensing within the state of the location of business.

Offerors must submit a current copy of their license for the state in which the proposal is being submitted for.

II.F. Requirements of Joint Venture Offerors

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

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

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

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

III. General Provisions

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

III.B. Requests for Clarification or Interpretation

The Government will attempt to answer all requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but do not warrant that all such requests will be answered within 15 calendar days. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (Small Business Administration). For information concerning SBA's surety bond guarantee assistance, contact your SBA District Office.

III.D. Information Concerning the Disclosure of Solicitation Results

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

FAR 15.503.

III.E. Affirmative Procurement Program

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

III.F. Notice Concerning Preparation of Proposals

Offerors are cautioned to carefully read the entire Solicitation and the Agreement to be included in the Contract contemplated by the Solicitation in order to be fully aware of all requirements and clauses in the contemplated Contract. Verify that all blanks requiring information to be supplied in an Offer have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the Offer contain the same information.

III.G. Contractor Performance Information

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

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

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

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

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

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

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

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

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

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

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

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.211-1, Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (SEP 23)

(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.

IV.B. FAR 52.216-1 Type of Contract (APR 1984) https://www.cpars.gov/lc_function.htm

GSA contemplates award of a Firm-Fixed-Price multiple award IDIQ contract resulting from this solicitation.

IV.C. FAR 52.216-27 Single or Multiple Awards (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

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

(MAY 14)

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

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

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

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

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

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

Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the

Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

Locality goals will be given on a task order basis.

https://www.dol.gov/sites/dolgov/files/ofcc p/ParticipationGoals.pdf

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 http://www.dol.gov/sites/dolgov/files/ofcc 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: The States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.

IV.F. Buy American Requirements

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

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

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

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy

American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

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

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

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

IV.G. Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Provision of this Solicitation, the following construction materials and components are excepted:

Buy American exceptions are “None” unless changed at the Task Order level.

IV.H. FAR 52.233-2 Service of Protest (SEP 06)

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

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

IV.I. FAR 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation

NUMBER TITLE DATE

52.204-7 System for Award Management OCT 2018 https://www.gsa.gov/forms-library/solicitation-offer-and-award-construction-alteration-or-repair https://www.acquisition.gov/far/part-52#FAR_52_225_9 https://www.acquisition.gov/

52.204-22 Alternative Line-Item Proposal JAN 2017

52.214-34 Submission of Offers in the English Language

APR 1991

52.215-16 Facilities Capital Cost of Money JUN 2003

52.236-28 Preparation of Proposals - Construction Transactions Relating to Iran Representation and Certification

OCT 1997

IV.J. GSAR Clause 552.102 Incorporating Provisions and Clauses

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

V. Instructions and Clauses

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

(a) Definitions. As used in this provision-

Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show–

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii) (A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

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

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

https://www.acquisition.gov/far/15.306#FAR_15_306

VI. Method of Award

VI.A. Evaluation of Offers

(1) The Government will award a contract to the responsible Offerors whose offer conforms to the solicitation and is most advantageous to the Government. For this RFP, the technical evaluation factors will be evaluated and multiple contractors with the highest ranking for the designated areas will be awarded an Indefinite Delivery / Indefinite Quantity (IDIQ) contract. The approach to the source selection, for this procurement, will be the best value concept, using the trade-off process. Contracts will be awarded to the responsible offerors whose proposals are most advantageous to the Government.

(2) In accordance with FAR 15.305 and FAR 15.404, The offerors’ understanding of the work and ability to perform this requirement falls under the technical evaluation. For this solicitation, technical evaluation is more important than Price. An assessment of their relative qualities based on the evaluation factors will be completed. The following non-price factors shall be used to evaluate offers for award of the base contract:

1. Prior Experience

(3) For this procurement, when combined, the technical evaluation factors are significantly more important than price.

(4) The intention of the Government is to make award without discussions; therefore, offerors will be requested to submit their initial proposals to the Government on the most favorable terms based on technical factors and price. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

VI.B. Determination of Responsibility

In order to be considered responsible, an Offeror must demonstrate that it meets the requirements of FAR 9.104-1. The Contracting Officer's determination of an Offeror's responsibility or non-responsibility may be based upon any information obtained by the Contracting Officer and is independent of the evaluation of offers set forth herein.

VI.C. Price Reasonableness

The proposed prices will be evaluated for reasonableness at the task order level. Price reasonableness determines whether an Offeror’s price is too high. Analysis of price proposals will be performed using one or more of the techniques defined in FAR 15.404 in order to determine price reasonableness.

Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR 15.404-1. Notwithstanding anything to the contrary in this solicitation and for the avoidance of doubt, the Government will not perform a price realism analysis of the Offeror’s proposal.

FAR 15.404-1(b)(2) states that the Government may use various price analysis techniques to determine a fair and reasonable price for an acquisition.

One of the techniques is a comparison of proposed prices received in response to a solicitation.

Adequate price competition establishes a fair and reasonable price.

VI.D. Unbalanced Prices

Offers at the task order level must include balanced prices. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of price analysis techniques. All offers with separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced. If price analysis techniques indicate that an offer is unbalanced, the contracting officer shall: (i) Consider the risks to the Government associated with the unbalanced pricing in determining the competitive range and in making the source selection decision; and (ii) Consider whether award of the contract will result in paying unreasonably high prices for contract performance. An offer may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

VI.E. Total Evaluated Price

The Government will evaluate offers for base award based on submission of and completion of the following documents to be included with the Price Proposal:

(1) Signed Standard Form 1442 and all amendments acknowledged.

(2) Representations and Certifications

(3) GSA Form 527, Contractor’s Qualifications and Financial Information

VI.F. Non-Price Factors

In determining the adjectival rating for each technical factor, the evaluators will use the following guidelines:

Excellent (E): Superior and significantly exceeds requirements set forth in the solicitation and indicates an extensive, detailed understanding of the requirements. Proposal contains multiple strengths, no significant weaknesses or any deficiencies. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is extremely low.

Very Good (VG): Exceeds the minimum requirements and indicates a thorough approach and understanding of the requirements. Proposal is clearly defined and detailed and contains strengths which outweigh any weaknesses. Good probability of success with moderately low degree of risk.

Satisfactory (S): Meets minimum requirements and indicates an adequate approach and understanding of the requirements. Proposal has some strengths or weaknesses with no deficiencies. Any weaknesses are offset by strengths or will have little or no impact on contract performance. Fair probability of success with low to moderate degree of risk.

Marginal (M): Does not meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is moderate.

Unacceptable (U): Does not meet the minimum requirement. Major revisions required to make proposal acceptable. Contains deficiencies and/or significant weaknesses that are not readily correctable. Shows a clear lack of understanding of the requirement. High degree of risk.

1. Prior Experience

This criterion will measure the breadth, depth and relevance of an Offeror’s prior experience in performing projects similar in scope, magnitude and complexity to the work described in this solicitation.

Additionally, the Offeror must submit the general contractor license for the state in which the proposal is being submitted. An Offeror that does not submit a license to do business in the state for the proposal will not be considered for award.

The Offeror is requested to submit a detailed description of at least three (3), but no more than five (5), projects performed as the prime contractor within the past five (5) years that are similar in nature to the work described in this solicitation as described in the below definition for Similar Projects. Projects shall have a minimum value of $100,000. At least one project must be submitted to demonstrate experience that encompasses one of the following disciplines: mechanical, electrical, fire protection, plumbing, and security construction. Previous projects may have been governmental (federal, state, or local) or private sector contracts for Class A office buildings.

“Similar projects” are defined as projects which entailed alterations or expansions to occupied space, mechanical systems, electrical systems, plumbing systems, architectural finishes, or any combination of those types of alterations or expansions for commercial or federally owned or leased space with a cost of at least $100,000 completed within the last 5 years.

The Government considers a project that has all the following criteria a similar project:

• Project in an occupied building, though not necessarily occupied space of that building.

• The project involved at least one, and preferably more than one, of the following principal disciplines: mechanical, electrical, fire protection, plumbing, security, or other general construction discipline.

Complete Attachment A: Project Experience & Past Performance Form for each project submitted for this factor. The detailed description submitted for each project should include, as a minimum, the following information:

(1) Project location.

(2) Brief description of the project scope.

(3) Type of building space.

(4) Construction value.

(5) Construction duration

(6) List of subcontracted services and subcontractors.

(7) Percentage of work self-performed by the Offeror.

(8) Name, title, address, phone number, and email of the building's owner or a representative of the owner who can attest to the quality of the services provided.