Sol_DB_1_Phase_1 8-15-24.pdf

GSA Solicitation No. 47PH0824R0007

Document: DB201A/April 2024 (The Solicitation)

Design Build Contract for: Bridge of the Americas Land Port of Entry Modernization Project

The Solicitation

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee G. FAR 52.236-27 Site Visit – Construction H. Receipt of Offers

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

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

(CUI) Building Information

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. Small Business Subcontracting Plan K. Project Labor Agreement L. Additional Provisions

(i) GSAR 552.236-74, Evaluation of Options

(ii) GSAR Clause 552.236-77, Government’s Right to Exercise Options

V. Instructions to Offerors and Clauses A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. Security Requirements C. Additional Clauses

1. FAR 52.211-12 Liquidated Damages – Construction (Sep 2000)

2. FAR 52.222-34 Project Labor Agreement (Jan 2024)

3. V.C. 3 FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)

4. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

5. FAR 52.223-15 Energy Efficiency in Energy- Consuming Products (May 2020)

VI. Method Of Award

A. Evaluation of Offers B. Evaluation of Stage I Proposals C. Evaluation of Stage II Proposals D. Determination of Responsibility E. Price Reasonableness/Price Realism F. Unbalanced Price G. Total Evaluated Price H. Non-Price Factors I. Evaluation of Joint Venture Offers

I. General Information

I.A. The Solicitation and Contract

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

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

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

(4) Through its Design Excellence Program, the U.S. General Services Administration (GSA) commissions our nation’s most talented creative professionals to design outstanding federal workplaces. These projects embody an exemplary integrated process whose results deliver enduring value to taxpayers. GSA defines quality as the thoughtful expression of artistry, local culture, and democratic values like civic participation, accessibility, and transparency, achieved in balance with affordability, constructability, reliability, and industry-leading sustainable performance. Design Excellence is the means by which GSA realizes the Guiding Principles for Federal Architecture, which President Kennedy authorized in 1962, and it is one of the agency’s primary vehicles for catalyzing positive, inclusive change in local communities.

Continuing this legacy of world-class public architecture, GSA announces an opportunity for Design and Construction Excellence in public architecture for performance of Architectural Engineering Design and Construction services in accordance with GSA quality standards and requirements for the Bridge of the Americas Land Port of Entry Modernization Project. As required by law, regulation and Executive Order, all facilities will meet performance targets and security requirements.

The Bridge of the Americas (BOTA), Land Port of Entry (LPOE), was built in 1967. It is located on the international border separating El Paso, TX, and Juarez, Chihuahua, MX.

This LPOE connects with the LPOE of “Cordova” in Ciudad Juarez, Chihuahua, MX.

The facility processes privately owned vehicles (POV Mexican), pedestrians, and commercial traffic. The bridge leading to the facility is the only toll-free bridge in El Paso, creating extensive traffic.

The BOTA LPOE is one of four crossings in El Paso. BOTA is in a populated urban area of El Paso, TX. It sits on approximately 27 acres of fully developed property surrounded on three sides by an extensive highway system. The LPOE is landlocked on all four (4) sides of the port. The port processes toll-free inbound and outbound commercial, non-commercial, and pedestrian traffic. As a result, the volume of traffic is heavy with many travelers and commercial vehicles choosing to enter and exit through this facility in lieu of paying a toll. Much of the port facility has reached the end of its’ life cycle. Most of the buildings and infrastructure are operating beyond capacity. Building, fire and life safety codes have changed so much that the facility is generally non-compliant with the most current codes and standards including CBP design standards. Since this facility operates as a toll-free port of entry, an increase in truck and vehicular traffic in the last few years has created significant congestion so that the site is unable to support this increased volume of traffic.

The planned project is to design and construct a U.S Land Port of Entry that will reflect the critical importance of this crossing as a gateway to the United States of America.

The General Services Administration (GSA) is seeking a qualified contractor to provide the design and construction of a new port of entry to replace the existing port. The current Land Port of Entry (LPOE) is a full-service port that inspects privately owned and commercial vehicles and pedestrians. It is currently operating from outdated, deteriorating facilities that do not adequately meet the functional needs of the tenant.

The new construction project will correct port deficiencies and modernize its facility to accommodate the increasing traffic. The contractor will be required to phase the construction. The privately owned and pedestrian traffic will be required to stay in continuous operation during the construction and commercial vehicle inspection will be allowed to close temporarily for a duration depending on the phasing. The project design components include designing a facility that will conform to the 2024 Facilities Standards for the Public Buildings Service P-100 and other building codes and standards as applicable to this project. The facility will be designed to be net zero ready and achieve LEED Gold and SITE Silver standards. The project construction components include construction of an administration building to include an expanded pedestrian inspection area; primary and secondary passenger vehicle inspection facilities; outside vehicle parking expansion; seized vehicle processing area; a kennel;

export cargo booths; and, canopy structure, office building and new paving for Federal Motor Carrier Safety Administration (FMCSA), and the potential of commercial primary and exit booths; a cargo building and dock. The intended project delivery method is Design Build (DB).

The DB scope of work includes all labor and materials required to provide design and construction services for the BOTA LPOE project pursuant to the Federal Acquisition Regulation (FAR) Two-Phase Design Build Selection Procedures and incorporating Art in Architecture Program, and Design-Construction-Operational Excellence policies and procedures. The resultant contract will be firm fixed price.

The services requested of the DB shall cover a wide range of design and construction activities including all management, supervision, labor, equipment, and materials

(including Low Embodied Carbon Materials) required to provide architectural, engineering, construction, and other related services necessary to design and construct the new facilities. Related services include, but are not limited to, site planning, utility relocation (as needed), testing and inspection during construction, commissioning, and potential additional analysis of the site.

The project is funded under the Bipartisan Infrastructure Law (BIL) and the Inflation

Reduction Act (IRA). The estimated cost range for construction is between

$500,000,000.00 and $550,000,000.00. This is a negotiated, best value procurement.

The proposed contract will be solicited as full and open competition. A Project Labor

Agreement (FAR 52.222-33) is required, and additional information will be included in Stage II of the Solicitation.

OFFERORS - EXTREMELY IMPORTANT

The Inflation Reduction Act of 2022 (IRA), Pub. L. No. 117-169, enacted in August

2022, provided GSA with significant funding for (a) measures necessary to convert facilities to high-performance green buildings, (b) acquisition and installation of construction materials and products with substantially lower levels of embodied greenhouse gas emissions, and (c) emerging and sustainable technologies. The

Contract resulting from this RFP will be funded in part by IRA appropriations, and it contains numerous IRA-specific requirements. Requirements include, but are not limited to, requirements regarding pricing, invoicing, submittals, materials, and construction. In addition, please note that this RFP contains an evaluation factor favoring certain construction materials with the lowest possible levels of embodied carbon. Offerors shall carefully review this RFP, the Statement of Work, the Specifications, and the Drawings.

Offerors are responsible for accurately pricing and, if successful, fully performing all

Contract requirements.

In addition to the construction opportunity reflected herein, GSA is seeking suppliers and manufacturers that are interested in supplying low embodied carbon asphalt, concrete (and cement), glass and steel materials for the project. Suppliers and manufacturers of materials meeting GSA’s Inflation Reduction Act Low Embodied

Carbon asphalt, concrete (and cement), glass and steel requirements may submit an

Expression of Interest to the contact below no later than September 20, 2024.

Expressions of Interest should indicate materials available and global warming potential values reflected in materials’ environmental product declarations. Submission of an expression of interest grants GSA your permission to publish your firm’s contact information and offerings for use by potential offerors on GSA construction requirements. Supplier and manufacturer contact information will be published in an informational amendment issued by GSA and, potentially, in other fora.

By participating in the competition, offerors consent to unrestricted GSA use of supplier names and the GWP values associated with supplier materials. Such information may be disclosed publicly or used to inform other low embodied carbon procurement activities. Technical solutions, supplier pricing, and supplier-offeror terms and conditions will not be shared. Any objection shall be transmitted to the Contracting Officer by the due date for offers and shall adhere to 41 C.F.R. § 105-60.601.

Market research resources for identifying qualifying materials may include, but are not limited to, ASTM International’s EPD Page, Building Transparency’s Embodied Carbon in Construction Calculator (EC3), ICC Evaluation Service’s EPD Directory, EPD

International AB’s EPD Library, the National Asphalt Paving Association’s Emerald Eco-

Label EPD Tool, the National Ready Mixed Concrete Association’s Concrete EPDs page, NSF's Search for EPDs tool, and UL’s SPOT product catalog.

Note: The information provided herein is for informational purposes only and does not indicate or imply Federal endorsement of any organization, business, material or product. The Government makes no representation or warranty concerning the quality, performance, availability or suitability of any organization, business, material or product.

Terminology:

This Request for Proposal and all related documents use the terms “Request for Proposal (RFP)” and “Solicitation” interchangeably.

Proposal Due Date and Time:

Phase I – Technical Qualifications Proposal shall be submitted no later than 12:00 pm (Central) on October 2, 2024. The proposal shall be submitted electronically to the Contracting Officer, Jason Gerloff, at Jason.gerloff@gsa.gov.

Acknowledgement of Amendments:

If you intend to submit an offer for this project, email the Contracting Officer at Jason.gerloff@gsa.gov in sufficient time before the proposal submission date to make certain you have received all amendments issued, if any.

Acknowledgement of receipt of all amendments shall be included in your proposal.

GACA Account: Vendors are required to create or use an existing GSA Affiliated Custom Account (GACA) for access to documents greater than 25MB. GACA instructions are included as an attachment to this RFP (Attachment 2). Once the account has been created, notify the GSA Contracting Officer Jason Gerloff (Jason.gerloff@gsa.gov) and GSA Project Manager/Contracting Officer’s Representative (COR), Daniel Partida (Daniel.partida@gsa.gov), to receive a link to the Google Drive folder containing all the RFP documents (i.e. Appendices and other Attachments to the SOW). At this time, the GACA account will be used for Stage II.

https://www.astm.org/products-services/certification/environmental-product-declarations/epd-pcr.html https://carbonleadershipforum.org/ec3-tool/ https://icc-es.org/environmental-program/environmental-product-declarations/epd-directory/ https://www.environdec.com/library https://asphaltepd.org/ https://asphaltepd.org/ https://www.nrmca.org/association-resources/sustainability/environmental-product-declarations/ https://info.nsf.org/Certified/Sustain/epd_search.asp https://spot.ul.com/main-app/products/catalog/?keywords= mailto:Jason.gerloff@gsa.gov

Late Proposals: Proposals must be received by the date, time and place identified in this RFP. Late proposals will be handled in accordance with FAR 52.215-1 (Instructions to Offerors – Competitive Acquisition).

Electronic Submission of Proposals: Offers must be received by the email address of the GSA Point of Contact (POC) listed herein on or before the date and time established for receipt of offers. The date and time of receipt will be established according to the Government computer system’s documentation showing the exact official time of receipt by the GSA POC listed herein and not by the time the electronic proposal was sent by the Offeror or received by the GSA server. It is the Offeror’s responsibility to ensure proposals are complete and submitted early enough to be received by the GSA POC before the deadline, and to confirm receipt before the deadline. Proposals or portions of proposals which are received by the GSA POC later than the time noted within will be rejected and will not be considered.

NOTE: The maximum file size is 25 MB. GSA has occasionally experienced delays in delivery of emails from the GSA server to an email account. Therefore contractors/offerors need to plan accordingly.

WARNING: Consistent with GAO case law on the issue of “late-is-late rule” related to electronically submitted proposals, GSA will strictly comply with and enforce FAR 52.215- 1(c)(3)(ii)(A). Pursuant to GAO’s application of FAR 52.215-1(c)(3)(ii)(A), an electronically submitted proposal that is received late will not be considered unless (1) it is received before award is made, (2) the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition and (3) 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. FAR 52.215-1 (c)(3)(ii)(A)(1).

Questions Concerning the RFP:

All questions concerning this RFP shall be submitted in writing to Jason Gerloff at Jason.gerloff@gsa.gov, no later than 12:00 pm (Central) on September 6, 2024. The Government may choose not to act upon offeror’s questions received after September 6, 2024. Submit questions individually.

Bid Bond:

A Bid Guarantee is required at Stage II submission for this solicitation in accordance with FAR 52.228-1. Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, will cause for rejection of the bid. Bid Guarantee (bid bond) is 20% of price but not to exceed $3,000,000.00.

Note on Potential Impact as a Result of COVID-19: At this point it is unknown whether the COVID-19 pandemic will impact this RFP or the resulting award. The Government is monitoring the situation as it changes and as needed the RFP may be amended to incorporate changed/new requirements. Offerors may submit any questions or comments to the Contracting Officer, Jason Gerloff, at Jason.gerloff@gsa.gov.

Wage Determination and Minimum Wage: Davis-Bacon Act Wage Determination No.

TX20240024 and TX20240245 are hereby incorporated into this Stage I RFP and award. The wage determinations may be revised prior to Stage II and the award of this contract. The current wage determinations at time of award will be updated and incorporated into the award.

Executive Order (EO) 14026 (incorporated herein at FAR 52.222-55) requires that federal contractors pay workers performing work on or in connection with covered contracts at least (1) $15.00 per hour beginning January 30, 2022, and (2) beginning January 1, 2023, and every year thereafter, an inflation-adjusted amount determined by the Secretary of Labor in accordance with EO 14026 and appropriate regulations. The EO 14026 minimum wage in effect from January 1, 2024, through December 31, 2024, is $17.20 per hour. This will be updated for Stage II proposals after January 1, 2024.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form (SAM)

(3) The Agreement and Attachments to the Agreement (Stage II)

(4) The Statement of Work, Specifications, Drawings, and Exhibits

(5) Wage Decisions (TX20240024, Mod 0 dated 01/05/2024) and (TX20240245, Mod 3 dated 04/05/2024) (Attachment III)

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: Jason Gerloff

Address: 819 Taylor Street: Room 11A09. Fort Worth, TX 76102

Telephone: 817-201-8269

Email: Jason.gerloff@gsa.gov

I.D. Pre-Proposal Conference CO Instruction:

Date: TBD for Stage II (Tentative dates the week of February 3rd, 2025)

Time: TBD for Stage II

Location: Bridge of the Americas, El Paso, TX

I.E. Estimated Price Range

The estimated price range for the Project is between $500,000,000.00 and $550,000,000.00.

I.F. FAR 52.228-1 Bid Guarantee (Sep 1996)

(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 1995)

(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, Potential Offerors are urged and expected to inspect the site where the work will be performed.

NO pre-proposal meeting or site walk will be conducted for Stage I. Information will be provided to the shortlisted firms for stage 2 on the preproposal meeting and site visits.

All short listed firms (Stage II) who would like to attend the pre-proposal conference will need to register by emailing the individual names, Company names, email addresses and phones numbers of those planning on attending to Jason.gerloff@gsa.gov to receive an invitation for the meeting. No walk-ins without an invitation will be permitted to attend the pre-proposal conference. Those that are interested in attending the site-walk after the pre-proposal meeting at the Bridge of the Americas, they will have to also provide, Date of Birth, last four of your social security number, Driver’s License number and state issued, of the individuals that are attending the site-walk. The additional information provided will be submitted to Customs and Border Protection (CBP) to run a background check. This is required as the meeting will be on an active Border Crossing. Once the clearance is approved and final, the individuals will receive an email with the additional information to attend the meeting. Please arrive early as you will have to go through a security checkpoint to be escorted to the meeting room. A site-walk will be held after the meeting. The maximum number of attendees for a company is eight (8). Offerors must submit the request no later than Friday, January 26, 2025, at 12:00 p.m. CST. Failure to submit on time will exclude you from the meeting and if you are not cleared by CBP you will not be allowed on-site for the walk through.

(2) Once the short list is revealed, all firms will need to arrange for the site visit. Please contact the Contracting Officer with the required information to attend:

Name: Jason Gerloff

Address: NA

Telephone:817-201-8269

Email: Jason.gerloff@gsa.gov

(2) The Site visit will be held at the following dates and times:

Date: TBD: Week of February 3rd, 2025

Time: TBD: Information updated with selection of short-listed firms from Stage 1

I.H. Receipt of Offers https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received by Jason Gerloff’s email inbox no later than 12:00 pm local time on the following date and at the following email address.

● Date: October 2, 2024

● Email Address: Jason.gerloff@gsa.gov

II. Proposals

(1) This procurement is being conducted using the two-phase selection process found in FAR 36.3. Qualification proposals will be evaluated in Stage I to determine which offerors will submit proposals for Stage II. One contract will be awarded using competitive negotiation. In Stage I, GSA will select a short list of the most highly qualified offerors and request that those offerors submit Stage II proposals. All responsible sources may submit a Stage I proposal. A maximum of three (3) firms will be selected to submit Phase II proposals. Only those selected offerors are authorized to submit Phase II proposals. Those offerors not selected for participation in Phase II will be notified in accordance with FAR 15.503(a).

In Stage II, Offerors are invited to submit a proposal for the Bridge of the Americas (BOTA) Land Port of Entry (LPOE) Modernization Project which is subject to the mandatory use of a Project Labor Agreement (PLA). Stage II proposals not containing a draft PLA will be deemed nonresponsive and will not be evaluated by GSA. If your proposal is accepted and an award is anticipated, the apparent awardee shall, as a prerequisite to the construction Notice to Proceed (NTP), provide GSA with a signed, fully executed copy of the accepted PLA with one or more labor organizations for the term of the resulting contract no later than 30 days prior to GSA’s receipt of the 100% design documents. The signed PLA must meet the minimum standards of the RFP and must be received indicated in the RFP. If for any reason, the apparent successful offeror fails to furnish such PLAs within the time stated in the RFP, the Government will not exercise the construction options and close out the contract once final design has been received.

(2) This RFP sets forth requirements and evaluation factors for Stage I qualifications proposals for a Contract to construct the Project. Proposals conforming to the RFP 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.

(3) Neither the RFP 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.

II.A. Proposal Contents

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

(1) The first page of the proposal shall include the firm’s name, UEI number, RFP number (47PH0824R0007) name/title and signature of authorized individual to sign on behalf of the offeror.

(2) Contents of Offer – Phase I and Attachment 1, Past Performance Questionnaire, and Attachment 2, GACA Instructions, dated 8/7/2024

(3) Acknowledgement of any and all amendments

(4) Contents of Offer – Phase II (DRAFT) & Attachment 1, SB Participation Commitment Document (SBPCD) – (Stage II Submission)

(5) BOTA LPOE Pricing Sheet (Phase II Submission)

(6) Davis Bacon Wage Determination - TX20240024 dated (01-05-2024) & TX20240245, Mod 3, dated (04-05-2024)

(7) Scope of Work, dated 8/2/2024

(8) Appendices, Specifications, Drawings and other Attachments to the SOW

(9) IRA Sustainability Factor Table (Phase II Submission) Other Documents as required.

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

Name: Jason Gerloff, GSA Contracting Officer Address: General Services Administration 819 Taylor Street Fort Worth, Texas 76102-6105 Telephone: (817) 201-8269 Email: Jason.gerloff@gsa.gov

Name: Daniel Partida, GSA Project Manager Address: General Services Administration 700 East San Antonio Ave.

El Paso, Texas 79901 Telephone: (915) 892-3155 Email: Daniel.partida@gsa.gov

II.B. Proposal Format

Stage I submissions shall be no more than 50 pages, at least 11 font size, in an 8-1/2” x 11” format and submitted electronically to the Contracting Officer, Jason Gerloff at Jason.gerloff@gsa.gov.

II.C. Price Proposal (Stage II Requirement) mailto:Daniel.partida@gsa.gov

(1) Contents

The Price Proposal (Stage II) 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.

GSA is required to track spending for each of the three appropriations it received under the Inflation Reduction Act of 2022 (IRA) -- for low-embodied carbon (LEC) materials, emerging and sustainable technologies, and high-performance green building measures -- and has established “budget activities” for each of these appropriations. A contract line-item number (CLIN) for each of these budget activities will be included in the Agreement as necessary. In addition, sub-CLINs will be used to track spending on each of the LEC materials designated for IRA funding -- asphalt, concrete, glass, and steel.

Offerors must include separate prices for IRA work under the corresponding IRA CLINs and sub-CLINs.

Amounts for each IRA CLIN should reflect all expenses necessary to accomplish acquisition and installation of IRA work elements. A list of possible expenses follows below; this list is not exhaustive.

● Expenses of acquiring and transporting products and materials required for IRA-funded work to the construction site;

● Labor, general and administrative expenses, and overhead and profit reasonably attributable to installation of IRA-funded work;

● Expenses for materials, tools, riggings and equipment (including safety equipment) required to install IRA-funded work;

● Design, submittal and documentation expenses reasonably attributable to

IRA-funded work;

● Demolition and disposal expenses reasonably necessary for and attributable to IRA-funded work

● Expenses necessary to return space to its condition preceding IRA-funded work;

● Environmental remediation expenses required in execution of IRA-funded work; and

● Phasing and commissioning expenses reasonably attributable to IRA-funded work.

The following is a draft and will be including in Stage two as part of the technical and price proposal.

Evaluation Factor # 4: Sustainability

Background and Overview

This project is funded in part by Section 60503 of the Inflation Reduction Act of

2022 (IRA), which provides funding for purchase of construction materials with substantially lower levels of embodied greenhouse gas emissions.

GSA’s IRA Low Embodied Carbon asphalt, concrete (and cement), glass and steel requirements establish numeric global warming potential (GWP) limits for certain EPA-approved construction materials: concrete (and cement), asphalt, steel, and glass (IRA-Eligible Materials). For each material, GWP limits have been established for the best performing 20% of materials in terms of embodied carbon (Top 20% Limits), the best performing 40% of materials in terms of embodied carbon (Top 40% Limits), and better than industry average (Better

Than Average Limit).

This Evaluation Factor calls for Offeror commitments to furnishing IRA-Eligible

Materials with the lowest possible GWP values. IRA Limit commitments proposed under this evaluation factor will be incorporated into the successful offeror’s resultant contract.

Individual materials’ GWP values may be found on individual manufacturers’ environmental product declarations (EPDs). EPDs must meet the standards reflected in GSA’s IRA Low Embodied Carbon asphalt, concrete (and cement), glass and steel requirements (see Compliance Documentation criteria listed for each IRA-Eligible Material).

Technical Acceptability and Scoring

Offerors will only meet the standard for technical acceptability under this Factor if they commit to furnish all required IRA-Eligible Materials with a GWP better

(lower) than each IRA-Eligible Material’s Better Than Average Limit.

Offerors meeting the standard for technical acceptability will receive a number of

Raw Scores, one for each IRA-Eligible Material required by the Contract:

● Offerors will receive a Raw Score of 100 for each IRA-Eligible Material commitment that is better (lower) than GSA’s Top 20% Limits.

● Offerors will receive a Raw Score of 40 for each IRA-Eligible Material commitment that is only better (lower) than GSA’s Top 40% Limits.

https://www.gsa.gov/system/files/Asphalt%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Glass%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Steel%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Asphalt%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Glass%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Steel%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf

● Offerors will receive a Raw Score of 20 for each IRA-Eligible Material commitment that is only better (lower) than GSA’s Better Than Average

Limit.

Offerors shall complete the “IRA Sustainability Factor Table” attached to this solicitation by filling out the applicable IRA Limit they commit to meet for each IRA-Eligible Material. Based upon the offeror’s selection in the “IRA Limit

Commitment” column, the associated Raw Score, the Weighted Score, and the

Total Weighted Score will be automatically calculated.

In addition, for each IRA-Eligible Material identified in the IRA Sustainability

Factor Table, offerors shall submit EPDs listing that material’s GWP. Such EPDs must meet the standards reflected in GSA’s IRA Low Embodied Carbon asphalt, concrete (and cement), glass and steel requirements (see Compliance

Documentation criteria listed for each IRA-Eligible Material).

Note 1: By submitting an offer, Offeror consents to unrestricted GSA use of supplier names and the GWP values associated with supplier materials. Such information may be disclosed publicly or used to inform other low embodied carbon procurement activities. Technical solutions, supplier pricing and supplier-offeror terms and conditions will not be shared. Any objection shall be transmitted to the Contracting Officer by the due date for offers and shall adhere to 41 C.F.R.

§ 105-60.601.

Note 2: For each offeror that is unable to submit any of the compliant EPDs by the proposal due date, the offeror shall submit a statement for each such missing compliant EPD certifying that it is unable to submit the compliant EPD by the proposal due date. Failure by an offeror to submit any compliant EPD or its certification (as described in the immediately preceding sentence) by the proposal due date shall result in the offeror’s proposal being unacceptable and the offeror being ineligible for award.

The contract resulting from this solicitation shall have the following provision:

“Within 180 days after contract award, the Contractor shall submit a compliant

EPD for any IRA-eligible Material for which the Contractor was unable to submit a compliant EPD by the proposal due date. Such EPD must reflect GWP values that comply with the IRA Limit Commitments incorporated into the contract. GSA shall not issue a Notice to Proceed with construction services to the Contractor until the Contractor has submitted a compliant EPD for each IRA-eligible Material for which the Contractor was unable to submit a compliant EPD by the proposal due date. In addition to other remedies available to the Government, if the https://www.gsa.gov/system/files/Asphalt%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Concrete%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Glass%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf https://www.gsa.gov/system/files/Steel%20-%20GSA%20IRA%20Low%20Embodied%20Carbon%20Requirements%20%28Dec.%202023%29_508.pdf

Contractor fails to comply with the 180-day requirement in this paragraph for submission of compliant EPDs, GSA shall have the option to cancel the contract for the construction services at no cost to either the Contractor or GSA.

Cancellation of the contract for the construction services by GSA under this paragraph shall not relieve the contractor of its obligation to provide GSA with a completed design in compliance with the contract. The design completed by the contractor in compliance with the contract shall be property of GSA and may be used by GSA to, among other things, obtain construction services under a separate contract with another contractor.”

(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 (technical qualifications and pricing) will be amended with the Stage II solicitation.

II.D. Technical Proposal-Stage I

STAGE 1

Stage I submissions should be no more than 50 pages in an 8-1/2" x 11" format and submitted electronically.

If the lead designer is an individual, then their portfolio must include:

• Three constructed projects completed by the lead designer within the past 10 years;

each exhibit should include images and text whose length abides the page-count limit for the overall submission, and text must identify the individual’s specific role in the project, as well as the methods proposed for integrating client and local community input into the design. The lead designer may have headed these projects with the affiliated design firm or with other entities.

• Five constructed projects completed by the proposed design firm within the past 10 years; each exhibit should include images and text whose length abides the page-count limit for the overall submission.

• A biographical profile of the lead designer, not to exceed three pages, that at a minimum encompasses education, professional experience, awards or other recognition, and areas of responsibility.

• A statement of the lead designer’s design intent, not to exceed two pages, that conveys personal understanding of the proposed project’s challenges and opportunities;

the statement will also include a vision for the design solution, including a philosophy of architectural expression that is informed by local community desire as well as the vernacular of the region.

If the lead designer is a team of two people, then the portfolio must include:

• Two constructed projects per lead designer, completed within the past 10 years; each exhibit should abide the page-count limit for the overall submission, and its text must identify the individual’s specific role.

• Five projects constructed by the proposed design firm within the past 10 years, with text and images abiding submission limits.

• A biographical profile of each lead designer, not to exceed three pages each, that at a minimum encompasses each lead designer’s education, professional experience, awards or other recognition, and areas of responsibility.

• A statement of philosophy and design intent, not to exceed two pages, that conveys the lead designers’ combined understanding of the proposed project’s design issues as well as a philosophy for approaching the project.

EVALUATING STAGE I SUBMISSIONS

Phase I submissions should identify a lead designer (which may comprise an individual or two people) and the affiliated design firm. The submission should include the Offeror's technical qualifications, approach to Design-Build, past performance of the Offeror’s team, and examples of work by the lead designer and design firm, as well as the lead designer’s profile and statement of philosophy and design intent. Standard Form 330, Part II should be used as a cover sheet; the Standard Form 330 is not submitted in its entirety until Phase II.

STAGE I EVALUATION CRITERIA

The following criteria represent the factors that will be used by the Evaluation Team in evaluation of offerors.

Similar in Type: A project consisting of major modernization or new construction of a Government Building, Land Port of Entry, campus or facility area (a project on one site that has multiple buildings or facilities on it), including but not limited to canopies, administration buildings, administration offices, visitor and employee parking areas, major utility relocations, IT and security infrastructure, and road and paving site work.

Residential housing, warehouse projects or improvements to office renovation limited to reconfiguration of spaces within a high-rise office structure are not considered similar in type, regardless of size.

A project is considered similar when, based on the consensus judgment of the evaluating team members, the project has enough characteristics or similarities in common with the subject project that they could be determined comparable.

TECHNICAL QUALIFICATIONS (40%)

This evaluation factor considers the extent of the past experience of the General Contractor and A/E members of the Offeror's design-build team.

Each Offeror shall provide sufficient documentation in order to demonstrate the extent of the Offeror's past experience for at least three (3) but no more than five (5) projects of similar size, scope, and complexity. Of this group of similar projects, the General Contractor must have served as the prime contractor of at least one project and the A/E must have had responsibility for developing the detailed design and construction documents for at least one project. ALL projects must have been delivered utilizing the design-build approach with construction achieving substantial completion within the past eight years prior to the submission deadline for Phase I proposals.

The past performance questionnaire (PPQ) (Attachment 1) or the FINAL evaluation from the Contractor Performance Assessment Reporting System (CPARS) shall be submitted for each project presented in this factor. For PPQs, offerors shall ensure correct phone numbers and email addresses are provided for the client point of contact.

Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, by the proposal due date, which will provide contract and client information for the project. If the client requests, the client may submit a questionnaire directly to the Government's point of contact, via email at jason.gerloff@gsa.gov prior to proposal due date and time. Offerors may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

The Government may consider all relevant past performance information that it becomes aware of during the evaluation process.

The standard for the Technical Qualifications factor is met when the Offeror submits at least three (3) projects of similar size, scope, and complexity with a performance rating of Satisfactory or better on each of CPARs or Past Performance Questionnaire.

Additional favorable consideration may be given for demonstrating relevant technical qualifications. Some of the examples are the following:

• The General Contractor and A/E worked on the project together.

• Certificates, awards, peer recognition, etc. are provided that demonstrate excellence in design, construction, and/or design-build delivery.

• CPARS and/or Past Performance Questionnaire received all or mostly better than Satisfactory.

APPROACH TO DESIGN-BUILD (20%) – Limited to 10 pages mailto:jason.gerloff@gsa.gov

This factor considers the Offeror's approach to establishing a design-build team that will proactively and collaboratively work together to satisfy the Government's objectives, including the realization of Design Excellence.

Each Offeror must submit a written narrative (not to exceed 10 pages out of the 50-page limit for the proposal) presenting its approach to the design-build process. An Offeror may allocate the 10 pages in any manner it chooses. The narrative must discuss each of the four subjects set forth below.

1. Philosophy and Design Intent: This portion of the narrative should be characterized by clarity, standard grammar, and the absence of clichés or jargon. The Government expects clear, thoughtful sentences that demonstrate the ability of the team to communicate ideas. Topics may include the parameters of an overall design philosophy, the approach to the challenge of public architecture, commitment to integrated and sustainable design, and the parameters that may apply to the Gateway LPOE project.

2. Management Process: This portion of the narrative shall describe the overall management approach to design-build including such topics as the lines and methods of communication, decision-making processes, interaction with consultants, the means to integrate client and community input, the physical location of major design and production work, work to be produced in remote offices, the role of specialty contractors, and managing quality and cost.

3. Design Excellence: This portion of the narrative shall describe the approach to supporting and collaborating as a cohesive team in order to realize GSA's Design Excellence goals which seeks to commission our nation's most talented constructors, designers, and artists to deliver federal buildings of outstanding quality and value that balance aesthetics, cost, functionality, constructability, reliability while creating environmentally superior workplaces for federal employees and giving contemporary form and meaning to our democratic values.

The standard is met when:

● The Offeror's philosophy and design intent is clearly articulated, realistic and well thought out and suitable for the project.

● Provides a satisfactory confidence based on the narrative that the Offeror's management process will result in a cohesive and collaborative team effort providing confidence that the project will be successful.

● Provides a satisfactory confidence based on the narrative that the Offeror will realize Design Excellence on this project.

Additional favorable consideration may be given for demonstrating an approach to design-build that provides high confidence in the offeror’s ability to successfully complete this project. Some examples are the following:

● Provides a strong confidence based on the narrative that the offeror will be able to successfully implement the described design-build philosophy on projects submitted under the Technical Qualifications factor.

● Provides a strong confidence based on the narrative that the offeror will be able to successfully implement the management process on projects submitted under the Technical Qualifications factor.

● Provides examples of an innovative process/approach or product on which the design-builder intends to utilize that will benefit the project.

LEAD DESIGNER (25%)

This factor considers the Lead Designer's portfolio in the context of Design Excellence.

Each Offeror must submit a portfolio that is representative of the Lead Designer's ability to support the Design Excellence program. If the Lead Designer is an individual, submit a portfolio of up to three (3) projects completed in the last ten (10) years (maximum of 5 pages per project). If the Lead Designer is a team, submit a portfolio of up to two (2) completed projects by the lead designer(s) on the team (maximum of 5 pages per project). Address the lead designer(s) specific participation in each project. Each project must include a narrative that addresses the design approach with salient features and discuss how the client's program, functional, image, mission, economic, schedule, and operational objects were satisfied by the overall design/planning solution. Include tangible evidence such as certificates, awards, or peer recognition demonstrating Design Excellence. The Offeror may include the following additional information under this evaluation factor that will NOT count against the page limitation of the submission:

1) For each project, EITHER a representative floor plan, a site plan, a rendered 3-D model, a building section, or other appropriate drawing.

2) Two pages of photographs for each project.

The standard is met when:

● The submission demonstrates the Lead Designer's technical capability, Design Excellence and creativity relevant to this project.

● The submission demonstrates the Lead Designer's ability to address design issues and challenges.

● The submission demonstrates the Lead Designer's design leadership and the ability to meet the client criteria and needs.

Additional favorable consideration may be given for any of the following:

● Lead Designer has a track record of delivering superior quality as evidenced by professional peer recognition.

● Lead Designer demonstrates technical capability and creativity by demonstrating experience with complex building projects.

● Designs demonstrate a…