Solicitation 2020 12 22.pdf

GSA Solicitation No. 47PA0321R0005

Document: DB201-1-SB/JULY 2020 (The Solicitation)

Design Build Contract for: Department of Homeland Security Centralized Processing Center, Nogales, Arizona

The Solicitation, Phase 1 – Request for Qualifications

Table of Contents

I. General Information A. The Project B. The Solicitation and Contract C. List of Phase 1 Solicitation Documents D. Authorized Representatives E. Pre-Proposal Conference F. Estimated Price Range G. Questions Regarding Phase 1

H. Receipt of Qualifications

II. Proposals A. Proposal Contents B. Proposal Format C. Technical Proposal D. Other Requirements

E. 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 2.0

IV. FAR/GSAR Solicitation Provisions To be issued in Phase 2

V. Additional Solicitation Provisions and Instructions

A. Additional Provisions (i). GSAR 552.236-74, Evaluation of Options (Mar 2019)

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

VI. Method of Award A. Evaluation of Phase 1 B. Evaluation of Phase 2 C. Determination of Responsibility D. Price Reasonableness/Price Realism

E. Unbalanced Price F. Total Evaluated Price G. Non-Price Factors H. Evaluation of Joint Ventures

Notice to Offerors of Total Small Business Set-Aside

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement: FAR 52.219-6, Notice of Total Small Business Set Aside

I. General Information

I.A. The Project

This project is for the renovation of the Department of Homeland Security (DHS), Border Patrol Facilities and Tactical Infrastructure’s Centralized Processing Center (CPC) in Nogales, Arizona.

The delivery method of the construction project is design-build (DB) where the end result will be the renovation of 78,000 square feet of existing warehouse space to create a CPC in Nogales, Arizona within the Tucson Sector Area of Responsibility (AOR)(the “Project”). The intent of the Project is to create a space that better serves the operational needs of the U. S. Border Patrol (BP) agents and staff. In order to fulfill this need, the CPC will be designed as a multi-functional facility which is intended to house approximately 500 non-citizens. The renovation will consist of administrative space for BP functions such as offices, open workstations, conference space, restrooms, processing and holding space, non-citizen phone booths, local area network (LAN) room space, janitorial, electrical, mechanical and fire protection equipment rooms. Additionally, the Project will include electrifying an existing vehicle gate that will be for used for non-citizen transportation, new connection to city sewer, utility infrastructure upgrades and supplemental storm water management work to eliminate drainage issues at the warehouse.

I.B. The Solicitation and Contract

(1) This procurement is being conducted using the two phase selection process found in FAR

36.3. Qualification proposals will be evaluated in Phase One to determine which offerors will be invited to submit proposals for Phase Two. One contract will be awarded using competitive negotiation. In Phase 1, GSA will select a short list of the most highly qualified offerors and request that those offerors submit Phase 2 proposals. All responsible sources may submit a

Phase 1 proposal. A maximum of five (5) firms will be selected to submit Phase 2 proposals.

Only those selected offerors are authorized to submit Phase 2 proposals. Those offerors not selected for participation in Phase 2 will be notified in accordance with FAR 15.503(a).

(2) This Solicitation is set-aside for Small Businesses in accordance with FAR 19. This

Solicitation sets forth requirements for Phase 1 qualifications proposals and the evaluation factors for Phase 2 proposals for a Contract to construct the Project. 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

(3) 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.

I.C. List of Phase 1 Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation – Phase 1

(2) Offeror Representations and Certifications Form

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

(4) Draft of the Agreement

(5) The Scope of Work, Specifications, Drawing Exhibits and other Attachments to the

Agreement.

I.D. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Tracy Maes

Address: GSA, PBS, Special Programs Division, 1 Denver Federal Center, Building 41, Room 111, P. O. Box 25546, Denver, CO 80225-0546

Telephone: Office 303.236.2543, Cell 720.323.7721

Email: tracy.troncosa-maes@gsa.gov

Alternate POC Information

Name: Overton Spence

Address: GSA, PBS, Special Programs Division, 1 Denver Federal Center, Building 41, Room 111, P. O. Box 25546, Denver, CO 80225-0546

Telephone: 720.422.1389

Email: overton.spence@gsas.gov

I.E. Pre-Proposal Conference

Date: 12 February 2021

Time: 4 p.m. local time

Location: Teleconference - Please request Dial in information via e-mail on or before 29 Jan 2021: overton.spence@gsa.gov mailto:overton.spence@gsa.gov

I.F. Estimated Price Range

The estimated price range for the Project is between $25 and $35 million.

I.G. Questions Regarding Phase 1

Submit all questions regarding the Phase 1 to the Contracting Officer on or before 8 January 2021. Any responses provided by GSA will be posted on the Governmentwide Point of Entry (GPE) as an Amendment to the Solicitation.

I.H. Receipt of Qualifications

(1) In order to be considered for Phase 2 and award, Phase 1 qualifications proposals conforming to the requirements of the Solicitation must be received electronically at the following office no later than 4:00 pm local time on the following date and at the following address.

Date: 15 January 2021 by Close of the business day

Address: overton.spence@gsa.gov

II. Proposals

II.A. Proposal Contents

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

1. Technical Proposal

2. Other Documents as Required

II.B. Proposal Format

Phase 1 - The Offeror's Phase One Qualifications are required to be submitted via email. Font must be in Arial 11 point and must not exceed page maximums for each evaluation factor.

II.C. Technical Proposal

Proposals must address the technical approach, technical qualifications, and the other Phase 1 evaluation factors stated herein. Any proposal not meeting all of the following criteria may result in not being further considered for award. Factor 3 is most important. Factors 1 and 2 are equally important to each other.

DEFINITIONS:

Similar Size and Complexity:

Should demonstrate, in aggregate, the following capabilities:

• Successful completion of Design-Build construction projects, in existing space (Tenant Improvement) sized from 50,000 SF and up.

• Successful completion of projects in remote locations. A remote location can be defined as: at least one hour outside of a major metropolitan area, or within 20 miles of an international border, or a project site that has the potential for a thin labor/subcontractor market.

• General contracting on projects sized between $20 million and up.

• Successful completion of construction projects which include, at least in part, site storm water management

FACTOR 1 - Past Performance FACTOR 2 - Qualifications/Experience of Design-Build Project Manager FACTOR 3 - Project Experience on Similar Projects with Key Partners

PHASE 1 - EVALUATION FACTORS - All font must be in Arial 11 point and must not exceed page maximums listed for each factor.

FACTOR 1 - Past Performance - 9 Pages Maximum

1) Description: This factor considers the quality and relevance of the proposed design-build team’s past performance on projects within the last seven (7) years. Offerors may include projects that are not substantially complete. Complete projects will be considered more favorably than incomplete projects.

Standard for Evaluation: The requirements for this factor are met when: The Offeror shall submit at a minimum three (3) references for each design-build project that the proposed team has worked on together in the last seven (7) years. Past performance of Offerors will be rated in the areas of quality, timeliness, and business relations. Past performance shall be on projects of similar size and complexity. References should be provided for all projects. Offerors shall include a Name, Phone Number and valid email address for all references. The Offeror is responsible for ensuring that contact information is current and reliable. The Government may consider information provided by references as well as other relevant information from other sources when evaluating the Offeror’s past performance. If negative information is received from sources not noted in the Offeror’s proposal, the Offeror will be given an opportunity to respond.

The standard may be exceeded when, in addition to the minimum standard, any of the following are effectively addressed:

A. The Offeror’s performance ratings on one or more similar projects exceed “satisfactory” in one or more categories measured.

B. The Offeror demonstrates completion of additional similar projects beyond minimum requirement of three (3) for which it received at a minimum performance ratings of “satisfactory” in all categories measured, and the references for those projects indicate that they would contract with the firm again.

C. The Government assesses one (1) or more of the reference projects described by the Offeror as having a higher degree of similarity to the current project. Additionally, more recent similar past performance information may be given more favorable consideration.

FACTOR 2 - Qualifications/Experience of Design-Build Project Manager - 5 Pages Maximum

Description: This factor considers the experience and qualifications of the proposed Design-Build Project Manager.

Standard for Evaluation: The requirements for this factor are met when: Each Offeror shall submit resumes for the Design-Build Project Manager as defined below:

1.Design-Build Project Manager

a. Resumes must include a description of training and experience in respective areas of expertise on projects of similar size and complexity.

b. Duties of key individual must be clearly defined.

c. Resumes must describe position titles and education.

i. Education Minimum: Bachelor of Science in engineering or construction related fields.

d. Past experience must be related to projects of similar size and complexity and must be attributable to the person named on the resume.

e. Minimum experience permitted is as follows:

Design-Build Project Manager 10 Years

A. The Government assesses one (1) or more of the reference projects attributed to the design build project manager described by the Offeror as having a higher degree of similarity to the current Project.

Additionally, more recent similar past performance information may be given more favorable consideration.

B. The Government assesses the DB PM’s resume to exceed the minimum/satisfactory standard.

FACTOR 3 - Project Experience on Similar Projects with Key Partners - 8 Pages Maximum

Description: This factor considers the extent of the Offeror’s past experience with Key Partners on projects of similar size and complexity that clearly demonstrate the Offeror can successfully complete the design-build SOW. The Offeror shall submit information on at least three (3) projects of similar scope and complexity for the proposed Design- Build Team in which they worked on a project together. If the Design-Build Team has not performed together as a team on prior projects, the Offeror must provide detailed information on three (3) projects of similar size and complexity.

Standard for Evaluation: The requirements for this factor are met when the Offeror provides:

2) A list of three (3) similar projects completed over the last seven (7) years by the project team.

3) Narrative summaries of three (3) similar projects, performed within the past seven (7) years that clearly demonstrate the offeror’s capabilities, technical expertise, and experience managing complex projects with reference to considerations of timeliness and technical success. Interior and exterior photos are required for each project submitted. The projects should be as similar to the Project as possible. Limit the summaries to two (2) pages each. Limit the project photos to two (2) pages.

4) In order to demonstrate the ability to perform a project with “similar scope and complexity, the three (3) submitted projects should demonstrate, in aggregate, the following capabilities:

• Successful completion of Design-Build construction projects, in existing space (Tenant Improvement) sized from 50,000 SF and up.

• Successful completion of construction projects in remote locations. A remote location can be defined as: at least one hour outside of a major metropolitan area, or within 20 miles of an international border, or a project site that has the potential for a thin labor/subcontractor market.

• General contracting on projects sized from $20 million and up.

• Successful completion of construction projects which include, at least in part, site storm water management.

For each project submitted include title, location, project summary including square feet, contract award amount and final contract amount including all changes, dollar value of work self-performed and the percentage it represents of the final contract amount, and project completion date.

A. The Government assesses one (1) or more of the reference projects described by the Offeror as having a higher degree of similarity to the current project. Additionally, more recent similar past performance information may be given more favorable consideration.

II.D. Other Requirements

(1) Representations and Certifications

Offerors are reminded their SAM registration status must be “Active”, at the time their offer is submitted, to be considered for award (see 52.204-7). Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in System for Award Management (SAM), accessed via sam.gov. Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301-SAT).

(2) Proof of Bonding to $35 million

II.E. 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. All requests should be made to Overton Spence (overton.spence@gsa.gov) and copied to Tracy Maes

(tracy.troncosa-maes@gsa.gov) .

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). 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.

mailto:overton.spence@gsa.gov mailto:tracy.maes@gsa.gov

III.F. Notice Concerning Preparation of Proposals

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

III.G. Bond Requirements (Phase 2 Requirements)

If a bid guarantee is required to be submitted with your offer, any contract awarded will require a performance bond and payment bond as specified in the Agreement. Offerors who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228-11 Pledge of Assets.

III.H. Contractor Performance Information

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

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

Completed CPARS evaluations 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 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 http://www.cpars.gov/ https://www.cpars.gov/webtrain.htm as part of the contract file.

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

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

III.J. INFORM 2.0

A. Overview of the IN-depth Feedback through Open Reporting Methods (INFORM 2.0) Process

This solicitation is part of an initiative using the INFORM 2.0 process which is designed to enhance the quality and usefulness of post-award communications by providing greater transparency and openness into the procurement process. INFORM 2.0 seeks to increase GSA-industry communication by providing clearer and more complete information to explain the award decision.

Through the INFORM 2.0 process, GSA will seek to share additional information with offerors in writing and/or through an oral feedback meeting that is not required by statute or regulation. For purposes of this solicitation, and in addition to any information required by FAR 15.503 and 15.506, GSA is providing each offeror with the opportunity to participate in the INFORM 2.0 process as further discussed below.

B. Detailed Description of the INFORM 2.0 Process

B.1. Component 1 - Notification of Award

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

● All information required by statute or regulation.

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

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

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

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

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

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

● take no further action.

If the offeror timely elects to request an oral feedback meeting or submit a list of written questions, GSA will consider any such request to constitute a required debriefing pursuant to FAR 15.506. If an offeror does not request an oral feedback meeting or submit a list of written questions within the three day time period, the receipt of the NODS concludes the INFORM 2.0 process and satisfies the FAR requirement for debriefs pursuant to FAR 15.506.

If the offeror submits a list of written questions in lieu of the oral feedback meeting, the contracting officer will attempt to respond within five business days of receipt of the written questions. Unless otherwise stated, the contracting officer’s response to the written questions will conclude the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506.

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

● Primary point of contact;

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

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

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

B.3. Component 3 - Oral Feedback Meeting

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

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

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

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

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

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

Within two business days after the conclusion of the oral feedback meeting, the offeror may submit a list of written questions to the contracting officer. The contracting officer will provide a written response within five business days and, unless otherwise noted by the contracting officer, the INFORM 2.0 process and any corresponding post award debriefing as further set forth at FAR 15.506 will have concluded.

If the offeror elects not to submit a list of written questions within two days after the oral feedback meeting, the INFORM 2.0 process and any corresponding post-award debriefing as further set forth at FAR 15.506 is concluded.

IV. FAR/GSAR Solicitation Provisions

To be issued with Phase 2 Solicitation.

V. Additional Solicitation Provisions and Instructions

V.A. Additional Provisions

(i) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

VI. Method of Award

VI.A. Evaluation of Phase 1 Proposals

The Government will evaluate Phase 1 proposals based on the following evaluation factors and short list a maximum of five (5) Offerors to submit Phase 2 proposals.

The following is the descending order of importance:

PHASE 1 FACTORS

Factor 1 – Past Performance Factor 2 – Qualifications/Experience of Design-Build Project Manager Factor 3 – Project Experience on Similar Projects with Key Partners

Mandatory Requirements: The following mandatory requirements will be evaluated on a “go/no-go” basis, i.e.; Offerors not meeting all of the following criteria will be eliminated from further consideration. The Contracting Officer will make the initial determination of which offers meet the go/no-go factors and submit only those offers to the Technical Evaluation Panel (TEP) for full evaluation.

(1) Proof of SAM Registration

(2) Proof of Bonding Capacity to $35M

(3) Proposal Must meet the Minimum requirements of the RFP

(4) Proposal contains a commitment to keep the evaluated Design Team intact through the entire design phase

(5) Proposal must commit that design drawings and/or construction documents will be prepared by professional architects and engineers registered in the state of Arizona.

VI.B. Evaluation of Phase 2 Proposals

The Government will award a contract resulting from this Solicitation to the responsible Offeror whose offer conforming to the Solicitation will be most advantageous to the Government, Total Evaluated Price and other factors considered. In addition to Total Evaluated Price, the following Phase 2 non-price factors shall be used to evaluate offers:

The following factors are equal in importance:

PHASE 2 FACTORS

Factor 1 - Design-Build Management Plan Factor 2 - Key Personnel

All evaluation factors, other than cost or price, when combined, are approximately equal to cost or price.

VI.C. 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.D. Price Analysis and Price Realism Analysis

(1) The Contracting Officer will use Price Analysis to analyze the Offeror’s proposal to ensure that the final agreed-to-price is fair and reasonable. In performing Price Analysis, the Contracting Officer may use, singly or in combination with others, the analytical techniques described in FAR 15.404-1, to ensure that the final price is fair and reasonable. The Contracting Officer may request the advice and assistance of other experts to ensure that appropriate Price Analysis is performed.

(2) In addition, the Contracting Officer will use Price Realism Analysis in conjunction with the evaluation of the offeror’s (fill in the appropriate non-price factor) to measure an Offeror's understanding of the requirements and to assess the risk inherent in an Offeror's proposal.

Accordingly, Offerors are advised that a business decision to submit significantly low pricing will be considered as reflecting on their understanding or the risk associated with their proposals.

Price Realism Analysis will not be used for the purpose of determining the probable cost to the Government.

VI.E. Unbalanced Prices

Offers 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.F. Total Evaluated Price

Total Evaluated Price shall be calculated using the prices indicated in the Phase 2 Price Proposal using the formula in the Phase 2 Solicitation.

VI.G. Non-Price Factors

PHASE 2 FACTORS

Factor 1 - Design-Build Management Plan Factor 2 - Key Personnel

VI.H. Evaluation of Joint Venture Offerors

In the evaluation of responsibility and non-price factors, information submitted for a party to the joint venture will only be evaluated to the extent that the terms of the joint venture agreement do not limit such party's performance or financial obligations as a party to the Contract contemplated by this Solicitation.

Sol. Reference No. 47PA0321R0005

Document: DB101-SB/OCTOBER 2020 (The Agreement)

Design Build Contract, Centralized Processing Center, Nogales, AZ

The Agreement

Table of Contents

I. Project Information A. Project Summary B. The Contract C. Period of Performance D. Work Conditions/Site Requirements E. Authorized Representatives F. Contract Liquidated Damages Rate G. Buy American Exceptions H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

II. Prices

A. Basis of Pricing B. Contract Price Form

III. Terms and Conditions

A. Commencement, Prosecutions and Completion of Work B. Contractor Responsibilities C. Submittals D. Finality of Contract Modifications E. Liquidated Damages F. Insurance Requirements G. Order of Precedence H. Administrative Matters I. Non-Compliance with Contract Requirements J. Safeguarding Sensitive Data and Information Technology Resources K. Options and Allowances L. Additional Terms and Conditions

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

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

IV. Contract Clauses A. Clauses Incorporated in Full Text

1. FAR 52.222-99 Establishing a Minimum Wage for Contractor (JUL 2014)

(DEVIATION)

2. FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

3. FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 08)

4. GSAR 552.204-9 Personal Identity Verification Requirements (JUL 2020)

5. GSAR 552.252-6 Authorized Deviations in Clauses (Deviation FAR 52.252-6)

(Sep 99)

6. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

7. Buy American Requirements

8. FAR 52.228-11, Pledges of Assets (DEVIATION APR 2020)

9. FAR 52.232-40, Providing Accelerated Payments to Small Business

Subcontractors (DEVIATION APR 2020)

10. FAR 52.219-14, Limitations on Subcontracting (DEVIATION 2020-19)

11. Additional Clauses

i. FAR 52.222-30, Construction Wage Rate Requirements-Price

Adjustment (None or Separately Specified Method) (Aug 2018)

12. FAR 52.244-5, Competition in Subcontracting (DEC 96) B. Clauses Incorporated by Reference C. Subcontract Requirements

I. Project Information

I.A. Project Summary

The U.S. General Services Administration (GSA) anticipates contracting for design and construction services to build a Centralized Processing Center (CPC) in Nogales, Arizona, for the Border Patrol (BP) Facilities and Tactical Infrastructure Bureau of the

Department of Homeland Security (DHS).

I.B. The Contract

The Contract consists of the SF1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, Amendments, Modifications, and other Attachments identified herein

(collectively, the Contract Documents). The Contract contains the entire agreement of the

Parties, and no prior written or oral agreement, express or implied, shall be admissible to contradict or modify any part of the Contract.

(2) The Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution of the work described in and reasonably inferable from the Contract Documents (the Work), whether temporary or permanent. In consideration for, and upon condition of, the Contractor's completion of the Work, GSA shall pay the Contractor the price or prices established in Section

II, subject to the terms and conditions set forth in this Contract.

I.C. Period of Performance

(1) Commencement. The Contractor shall commence performance of the Work within 10 days after the Contractor receives the Notice to Proceed (NTP).

(2) Substantial Completion. The Contractor shall achieve Substantial Completion of the Work, as that term is defined in this Agreement, no later than April 29, 2022.

(3) Contract Completion. The Contractor shall achieve Contract Completion, as the term is defined in this Agreement, within 60 calendar days of Substantial Completion.

I.D. Work Conditions/Site Requirements

N/A

I.E. Authorized Representatives

(1) This Contract is between the United States of America, acting by and through the

Administrator of General Services (GSA), and the Contractor (the Parties). References in this

Contract to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the only authorized GSA representative under this Contract, unless other warranted contracting officers are designated in writing:

Authorized Representative Information:

Contracting Officer’s Information

Name: Tracy Troncosa-Maes

Address: GSA, PBS, Special Programs Division, 1 Denver Federal Center, Building 41, Room 111, P. O. Box 25546, Denver, CO 80225-0546

Telephone: Office 303.236.2543, Cell 720.323.7721

Email: Tracy.troncosa-maes@gsa.gov

(2) For the applicable authorities and limitations see Section IV of this Agreement, GSAR 552.236-70.

I.F. Contract Liquidated Damages Rate

In accordance with GSAR 552.211-12, Liquidated Damages – Construction, in Section IV of this Agreement, liquidated damages shall be calculated at the rate of $1,482.38 per calendar day.

Additionally, one-time travel damages of $1500 will be assessed on the first day after the contract completion date and again every 30 days thereafter.]

I.G. Buy American Exceptions

For the applicable Buy American clause and any exceptions, see Section IV of this Agreement.

I.H. Statement of Work, Specifications, Drawings, Exhibits, and Other Attachments

The following documents are incorporated by reference into this Contract.

(1) Statement of Work Dated December 4, 2020

(2) Wage Determination AZ2020 0028 Dated December 4, 2020

II. Prices

II.A. Basis of Pricing

(1) Contract Prices. All Contract prices set forth in this Section include all costs necessary to complete the work for which the price is established (e.g., Base Contract, Unit Price, Options) in accordance with the Contract Documents, including, but not limited to, the cost of work performed by subcontractors and consultants, indirect costs, fees, expenses, taxes, and profit.

(2) Knowledge of Conditions Affecting Price. FAR 52.236-3, Site Investigations and Conditions Affecting the Work, is incorporated by reference in this Contract. The Contractor shall be presumed to have established all prices with knowledge of general and local conditions that may affect the cost of Contract performance at the site where the Work is to be performed, to the extent that such information is reasonably obtainable.

(3) Unit Prices and Allowances. If any portion of the Work is to be performed on a unit price basis, the Unit Price shall include all costs of coordinating and incorporating the unit-priced portion of the Work into the Base Contract Work. The Contractor shall only be obligated to perform unit-priced work to the extent that an Allowance has been established. The Contractor shall be obligated to perform such work in excess of a unit quantity for which an Allowance is established only if directed by the Contracting Officer in writing. The Contractor shall be bound to the unit price or prices set forth herein in all equitable adjustments for changes including unit priced work, and no markups shall be applied to such unit prices.

(4) Options. If any portion of the Work is to be performed upon the timely exercise of an Option, the Option Price shall include all costs of coordinating and incorporating the Option-priced portion of the Work into the Base Contract Work. An adjustment to the Contract price for such additional work shall be computed solely on the basis of the Option price or prices set forth herein. Unless otherwise specified, all options may be exercised within 90 days of Contract award.

(5) Bid Rates. If this Contract includes Bid Rates to be used in determination of equitable adjustments (e.g., overhead, profit, daily rates for time-related costs), such rates shall be deemed to include all costs recoverable as components of an equitable adjustment consistent with the requirements, definitions, and exclusions applicable to equitable adjustments set forth in this Contract, and consistent with the Contractor's cost accounting practices. Unless otherwise specified, the bid rates shall be deemed to include only the Contractor's costs, and not the costs of any subcontractors.

II.B. Contract Price Form

Addressed in Phase II.

III. Terms and Conditions

III.A. Commencement, Prosecution, and Completion of Work

FAR 52.211-10, Commencement, Prosecution, and Completion of Work and GSAR 552.211-10, Commencement, Prosecution and Completion of Work is supplemented as follows:

The Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of the Work, as defined in GSAR 552.211-70 Substantial Completion (Mar 2019) and the time specified in Section I (Project Information), “Period of Performance” clause. If the Contract specifies different completion dates for different phases or portions of the Work, the Contractor shall diligently prosecute the Work so as to achieve Substantial Completion of such phases or portions of the Work within the times specified.

III.B. Contractor Responsibilities

GSAR 552.236-71, Contractor Responsibilities is located in Section IV.A. of this Agreement and is supplemented as follows:

(1) The Contractor shall secure and pay for all necessary permits and governmental fees, licenses, and inspections that are customarily secured after award of the Contract and that are legally required at the time of award. The Contractor shall provide a copy of the permits required for execution of the work to the Contracting Officer prior to commencement of any related work.

III.C. Submittals

FAR 52.236-21, Specifications and Drawings for Construction, GSAR 552.236-73, Submittals located in Section IV.A. of the Agreement is supplemented as follows:

(1) The Contractor shall prepare and submit to the Contracting Officer shop drawings, samples, calculations, product information, mockups, GSA Form 184 (associated 184A and 184B as necessary), and other submittals (collectively, "submittals") demonstrating compliance with Contract requirements for all Work components as specified elsewhere in this Contract.

III.D. Finality of Contract Modifications As set forth elsewhere in this Contract, the Contractor is entitled to additional consideration under certain conditions, including the issuance of change orders. It is the Contractor's duty to include in proposals for equitable adjustment or other consideration all compensation to which it may be entitled, including cost and time. Unless otherwise explicitly stated in a modification to the Contract providing such consideration, adjustments to the Contract price or time agreed upon therein shall be deemed to provide all compensation to which the Contractor is entitled, and shall constitute final settlement of the Contractor's entitlement to compensation on account of the change or other condition giving rise to the modification.

III.E. Liquidated Damages

The Contractor acknowledges that time is of the essence for the performance of the Work, and that determining actual damages from delay would be extremely difficult and impractical. If the Contractor fails to achieve Substantial Completion of the Work in accordance with FAR 52.211- 12, Liquidated Damages and GSAR 552.211-12, Liquidated Damages and the time specified in this Contract, the Contractor shall be liable to the Government for liquidated damages at the rate specified in Section I (Project Information), paragraph entitled, “Liquidated Damages Rate,” for each calendar day following the required completion date that the Work is not Substantially Complete.

III.F. Insurance Requirements

(1) The Contractor shall obtain and maintain for the entire life of the Contract, in addition to any insurance required by law, the following minimum kinds and amounts of insurance required pursuant to FAR clause 52.228-5, Insurance – Work on a Government Installation, and GSAR 552.228-5, Government as Additional Insured.

(a) Workers' compensation insurance in the amount required by the jurisdiction in which the Contract is performed. The Contractor shall obtain Employers' liability coverage of at least $2,000,000. If occupational diseases are not covered by workers' compensation insurance, Employers' liability coverage shall include occupational diseases.

(b) Broad form comprehensive commercial general liability insurance in the amount of at least $5,000,000 per occurrence. Such insurance shall include, but not be limited to, contractual liability, bodily injury and property damage.

(c) Comprehensive automobile liability covering the operation of all automobiles used in connection with performing the Contract in the amount of at least $1,000,000 per person and $2,500,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage.

(2) The Contractor shall promptly provide to the Contracting Officer proof that it has obtained insurance required by the Contract in the form of certificates of insurance. The Contractor shall submit to the Contracting Officer all renewal certificates issued during the life of this Contract immediately upon issuance.

III.G. Order of Precedence

Different requirements within this Contract shall be deemed inconsistent only if compliance with both cannot be achieved. In case of inconsistency between Contract Documents, the following order of precedence shall apply:

(1) Section IV of the Agreement

(2) Sections I, II, and III of the Agreement

(3) The Statement of Work

(4) The Specifications

(5) The Drawings

III.H. Administrative Matters

(1) Project Meetings. The Contractor shall attend a preconstruction conference and shall participate in regularly scheduled Project meetings.

(2) Payments. FAR clause 52.232-5, Payments under Fixed-Price Construction Contracts, is supplemented by GSAR 552.232-5 Payments under Fixed-Price Construction Contracts located in Section IV.A. of this Agreement. In accordance with the relevant FAR and GSAR clauses, GSA requires the following data be included with each invoice:

(a) Invoices shall be submitted in an original and two (2) copies to the designated billing office specified in this Contract or in individual delivery/work orders.

(b) Invoices must include the Account Document Number (ADN) assigned at award.

(c) The Contractor shall submit the following information or documentation with each invoice:

(i) GSA Form 184A and/or 184B - Construction Progress Report (Construction Phases Only), including the updated Schedule of Values upon which the payment request is based.

(ii) GSA Form 2419 - Certification of Progress Payments Under Fixed-Price Construction Contract.

(iii) The payment terms that apply for the particular services rendered

(iv) Updated project schedule that complies with the Contract Documents

(v) Additional documentation:

[NA]

(3) Prompt Payment. In accordance with FAR clause 52.232-27, the period for payments is as follows:

(a) Progress Payments: 14 days

(b) Subsequent Subcontractor Payments: 7 days

(4) Payment Information. The General Services Administration (GSA) makes information on contract payments available electronically at Office of the Chief Financial Officer. The http://www.finance.gsa.gov/

Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

(5) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances.

(a) All personnel performing work under the Contract on the Project site must obtain an Enter on Duty (EOD) determination before they will be granted access to the site.

(b) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW). Detailed information is available at GSA Access Card . USAccess Credentialing Centers can be located at US Access Centers .

(c) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12 (HSPD- 12). See Section IV, Contract Clauses, GSAR 552.204-9.

(6) Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

This clause applies to all recipients of CUI building information (which falls within the CUI

Physical Security category), including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

Marking CUI. Contractors must submit any contractor-generated documents that contain building information to GSA for review and identification of any CUI building information that may be included. In addition, any documents GSA identifies as containing CUI building information must be marked in accordance with the Order and the Marking Controlled

Unclassified Information Handbook (the current version may be found at https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf) before the original or any copies are disseminated to any other parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document markings (CUI) to the original documents and all copies, before any dissemination, or authorized GSA employees may mark the documents.

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly…