Solicitation 47PC0322R0007 - GC Tenant Fit Out Project at Jacob K Javits FOB.pdf

GSA Solicitation No. 47PC0322R0007

Construction Contract for: GC Services for the Tenant Fit Out Project on the 37th and 38th floors at the Jacob K. Javits Federal Building, New York, NY

The Solicitation

Document: C201-GC/AUGUST 2021 (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 52.211-3, Availability of Specifications Not Listed in the GSA Index of

Federal Specifications, Standards and Commercial Items Description C. FAR 52.216-1 Type Of Contract D. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work E. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction F. Buy American Requirements G. Buy American Exceptions H. FAR 52.233-2 Service of Protest I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. GSAR 552.102 Incorporating Provisions and Clauses by Reference K. Small Business Subcontracting Plan L. Certified Cost or Pricing Data M. Additional Provisions

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

Document: C201-GC/AUGUST 2021

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

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

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

Document: C201-GC/AUGUST 2021

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.

I.B. List of Solicitation Documents The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement and Attachments to the Agreement

(5) Other Forms Required For Submission with Proposals

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: Winnie Eng

Address: One World Trade Center, 55th Floor, New York, NY 10007

Telephone: 212-264-2575

Email: Winnie.Eng@gsa.gov

Alternate POC Information

Name: Sonah Lee

Document: C201-GC/AUGUST 2021

Authorized Representative Information:

Address: One World Trade Center, 55th Floor, New York, NY 10007

Telephone: 347-205-1469

Email: Sonah.Lee@gsa.gov

I.D. Pre-Proposal Conference

Date: May 24, 2022

Time: 1:00PM EST

Location: Virtual

All interested parties are required to submit contact information for attendees to Sonah Lee at sonah.lee@gsa.gov and Scott Elgart at scott.elgart@gsa.gov by 12:00 PM Eastern Time on May 23, 2022. Please include the name, company, job title, telephone number and email address of each attendee.

I.E. Estimated Price Range The estimated price range for the Project is between $32.5M and $42.5M.

I.F. FAR 52.228-1 Bid Guarantee (Sep 96)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

Document: C201-GC/AUGUST 2021 (The Solicitation) mailto:sonah.lee@gsa.gov mailto:scott.elgart@gsa.gov

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

I.G. FAR 52.236-27 Site Visit – Construction (Feb 95)

(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, Offerors are urged and expected to inspect the site where the work will be performed.

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

Date:June 1, 2022

Time:TBD (Depends on the number of interested parties).

Date:June 2, 2022 (If required due to the number of interested parties)

Time:TBD

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than three (3) representatives from each Offeror. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. All attendees must adhere to COVID-19 safety protocols in accordance with federal facility and CDC guidelines.

To schedule a site visit, please contact Sonah Lee at Sonah.Lee@gsa.gov with a cc to Scott Elgart at Scott.Elgart@gsa.gov by 3:00PM EST on May 26, 2022.

I.H. Receipt of Offers

In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 4:00 pm local time on the following date and at the following address.

Date: June 16, 2022 Address: Only electronic proposals will be accepted at winnie.eng@gsa.gov and sonah.lee@gsa.gov. Paper copies will not be accepted.

Document: C201-GC/AUGUST 2021 (The Solicitation) https://www.acquisition.gov/far/part-52#FAR_52_236_2 https://www.acquisition.gov/far/part-52#FAR_52_236_3 mailto:Sonah.Lee@gsa.gov mailto:Scott.Elgart@gsa.gov

II. Proposals

II.A. Proposal Contents

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

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications

4. Standard Form 24, Bid Bond

5. Subcontracting Plan

6. GSA Form 527 – Contractor’s Qualification and Financial Information

7. Proprietary Information Agreement(s)

8. Other Documents as Required

*NOTE: A Subcontracting Plan (#5 above) is not required to be submitted with offers, but if the apparent successful offeror is a large business, it shall be required to submit an acceptable subcontracting plan prior to award. A sample Subcontracting Plan is attached for informational purposes only at this stage in the solicitation.

II.B. Proposal Format Volume I shall be the offeror’s Technical Proposal, which will provide the response to the technical factors demonstrating the offeror’s technical capabilities. Volume II shall be the offeror’s Price Proposal and it shall contain the pricing information for the base and options. The Technical and Price Proposal shall be sent as (2) two separate email attachments. Proposals should be in pdf format and shall be submitted via email to the Contracting Officer via email at Winnie.Eng@gsa.gov and Sonah.Lee@gsa.gov. (IF you must send your proposal via multiple emails due to file size, all must be received by the proposal due date and time indicated in the solicitation.)

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 and the Agreement, with prices and/or rates indicated for each price element shown on the pricing form included in Section II of the Agreement. Indicate the Base Contract Price, or if no such distinction is made, the Contract Price, in Block 17 of the SF 1442, which must be fully executed by the Offeror.

(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

Price proposals will be evaluated on a total value basis. This includes the base and option pricing. Refer to the offer pricing sheet form on the SF1442.

Document: C201-GC/AUGUST 2021

II.D. Technical Proposal

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

FACTOR 1 – EXPERIENCE ON SIMILAR PROJECTS (40%):

This factor will measure the breadth, depth, and relevance of an offeror’s prior experience in performing projects similar in size, scope, and complexity to the one described in this solicitation.

I. The Government shall consider the following characteristics more favorable:

● Construction projects valued at twenty million dollars ($20 M) or higher;

● Projects performed in a dense urban environment;

● Projects performed in occupied high rise buildings;

● Projects performed in secure facilities;

● Projects requiring reapplication of spray on fireproofing;

● Projects that include new interiors, mechanical, electrical, plumbing and fire protection systems;

● Projects that require or achieved a minimum of LEED Gold Certification

(Projects that are currently undergoing LEED certification review process may be considered).

II. The Offeror shall demonstrate experience as a prime contractor on contracts currently being performed or completed within the past ten (10) years (preference will be given to contracts that are substantially complete and located within New York City). If submitting information for current contracts, the contract must be at least sixty-five (65)% complete by the time of the closing date of this solicitation in order for those contracts to be considered. The Offeror shall submit a minimum of three (3) projects and up to a maximum of five (5) projects for evaluation.

If more than five (5) are submitted, the Government shall only review the first five (5). Projects of similar size, scope, and complexity will be determined more relevant and rated more favorably than projects that are less similar. Complexity includes schedule constraints, management and administrative requirements, security requirements, applicable design criteria, coordination requirements, local conditions, and technical complexity. More recent performance may be deemed to have greater importance than less recent performance.

A single project identical in all aspects to this project may not exist, and therefore the Government will consider the totality of experience demonstrated by the submitted projects. The totality of experience should include all of the characteristics of relevant experience, identified above, in order to receive an acceptable rating for this factor. Significantly more weight will be given to individual projects meeting all characteristics.

Note for Joint-Venture Offerors: If relying on past experience and performance of the individual firms, at least one (1) relevant project must be presented for each Joint venture partner. All members of the joint-venture will be required to be signatory to the contract. Greater weight will be given to projects that demonstrate prior teaming of the Joint venture partners.

A Joint Venture and Teaming Arrangement are NOT synonymous. If a teaming arrangement is proposed, the Offeror (prime contractor) will be evaluated against this factor. It should be noted that if an Offeror demonstrates a strong reliance on one (1) subcontractor it may result in an unfavorable evaluation. Offerors shall provide a copy of the agreement as part of their proposal for this factor. Please note this is excluded from the stated page limitation.

Document: C201-GC/AUGUST 2021

III. Experience Form - The Offeror shall complete an Experience Form (Attachment 1) for each reference contract submitted.

FACTOR 2 - PROJECT EXECUTION (35%):

I. Project Execution Narrative

The offeror must submit a written narrative demonstrating its project execution plan. The offeror shall include in its narrative all factors and conditions it deems relevant to the successful completion of the work under this contract. At a minimum, the offeror must address its procurement and teaming approach for all major subcontracts. The narrative must also address the offeror’s plan to mitigate the negative impacts of differing or unforeseen conditions for a project of this type, including inherent risks of renovation work in an occupied building and mitigation strategies for schedule delays.

The offerors will also be required to submit an organization chart, which details the relationships between the proposed project team. The chart should graphically show the relationships between the General Contractor (GC); major subcontractors, GSA, tenant agency, Construction Manager-as-Agent (CMa), and Architect and Engineer (A/E) firms.

This narrative shall not exceed more than five (5) pages. If the information submitted for the narrative exceeds the page limitations, only the first five (5) pages will be evaluated. The organization chart will not count against the page limit.

Note for Joint-Venture Offerors: Joint venture participant’s contribution to the organization should be commensurate with their skills and background and should be described in the project execution plan.

II. Staffing Plan

The Offeror’s staffing plan should include a detailed description of how it intends to accomplish the requirements of the contract using in-house and subcontracted resources. The staffing plan should include:

a. General description of the overall staffing that will be provided to successfully meet the requirements of the Statement of Work (SOW), including a breakdown/ratio of where the key personnel will perform their duties (home/field);

b. Organizational Chart and Line of Authority for both the design phase, construction phase, and construction closeout (or post construction);

c. Resumes for all proposed key personnel, at a minimum key personnel includes:

1. Project Executive

2. Project Manager

3. Superintendent

4. Building Information Modeling (BIM) Manager

5. Any other personnel the offeror considers to be “key personnel”

d. Resumes of key personnel should include (Not to exceed (NTE) 2 pages, if more than two (2) pages are provided only the first two (2) will be reviewed):

1. Name

2. Title/Position

3. Employment history

4. Responsibilities/Duties

Document: C201-GC/AUGUST 2021

5. Experience on Similar Projects, provide specific examples including total construction value

6. Licenses/Professional Certifications

7. Education

8. References (email and telephone number)

e. Description of how the Offeror plans to recruit and retain personnel, particularly key personnel and major trade partners in the New York, NY area;

f. Communication plan between home and field office personnel.

No changes to specific personnel proposed for key positions may be made without the Government’s consent. Preference will be given to Offerors that propose Key Personnel that clearly demonstrate successful experience on work that is similar in size, scope, and complexity to this project requirement. The Government may contact references regarding the proposed Key Personnel and may use this information to assess the risk associated with the proposed Project Execution.

Note: The Government will reserve the right to invite Offerors to give oral presentations to further demonstrate their understanding of the project and abilities to complete the project, as well as augment the written information submitted in this Project Execution factor. The Offerors will be expected to provide a clear and concise overview of the project in relation to the project requirements and to provide clear and concise responses to pertinent questions posed by members of the Government's evaluation team. The oral presentations will not constitute discussions as defined in FAR 15.306(d), Exchanges with offerors after receipt of proposals.

No price information shall be included in the presentation narrative or mentioned during the oral presentation.

*The government reserves the right to NOT afford an oral presentation to any offeror whose proposal contains any factor rated “marginal” or “poor” if the Offeror is given the proper notice.

FACTOR 3 – PAST PERFORMANCE ON RELEVANT PROJECTS (15%):

I. This factor will evaluate the quality of an offeror’s collective experience in performing projects similar in size, scope, and complexity to those described in this solicitation.

II. The relevance of the projects submitted will be an additional consideration under this factor.

III. The Offeror must submit a PBS Past Performance Questionnaire (PPQ) (Attachment 2), completed by the applicable client, for each project proposed in Factor 1, Experience on Similar Projects. Completed PPQs should be submitted with the proposal. Ensure correct and current phone numbers and email addresses are provided for the client point of contact. Offerors should follow-up with clients/references to ensure timely submission of questionnaires. If the Offeror is unable to obtain a completed PPQ from a client for a project before the proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, 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 winnie.eng@gsa.gov and lisa.zalar@gsa.gov prior to the proposal closing date. 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 Solicitations.

Document: C201-GC/AUGUST 2021

IV. Also include performance recognition documents received within the last ten (10) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

V. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Contractor Performance Assessment Reporting System (CPARS), using all Commercial and Government Entity Code/ Dun and Bradstreet (CAGE/DUNS) numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontracting Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the Offeror. While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate, and complete past performance information rests with the Offeror. GSA will not maintain a database of PPQs submitted by Offerors.

The Government has no obligation to ensure that an equal number of references are obtained for each Offeror.

If the Offeror has no record of relevant past performance or information on its past performance is not available, the Offeror may not be evaluated favorably or unfavorably on past performance.

The rating shall be characterized as “neutral.”

If proposing a joint venture or teaming arrangement, Offerors should first submit past performance records they have performed together as these experiences will receive more consideration than experiences performed separately. A Joint Venture and Teaming Arrangement are NOT synonymous. If a teaming arrangement is proposed, the Offeror (prime contractor) will be evaluated against this factor.

FACTOR 4 - SUBCONTRACTING METHODOLOGY (10%):

GSA is committed to providing, to the maximum extent practicable, for socio-economic businesses to receive federal contracting opportunities. This factor is designed to ensure that this GSA commitment is brought to the attention of the prospective Offerors. This factor measures the extent to which the Offeror will perform contract requirements utilizing small business concerns. All business concerns (to include small businesses) shall address the extent of participation of small business concerns (SB) in performance of this contract. The Offeror must provide its SB participation targets with its offer expressed as percentages of the total contract. Offerors shall submit the following to demonstrate the above:

1. Attachment 3, Small Business Utilization Form

Note: In accordance with FAR 19.702(a)(1), Statutory requirements the apparent successful Offeror shall be required to submit an acceptable small business subcontracting plan prior to award. Subcontracting plans are not required from small business concerns.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

Document: C201-GC/AUGUST 2021

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

(2) Qualifications of Offerors

Offerors submitting a proposal in response to this Solicitation shall submit with their proposal evidence of their financial responsibility and capacity to perform the Contract. Offerors shall submit this information on GSA Form 527 – Contractor’s Qualifications and Financial Information. Where applicable, point of contact, including names and telephone numbers, are required for all contracts listed.

(3) Proprietary Information Agreement(s)

Offerors are advised that employees of the firm(s) identified below may require access to your firm’s proprietary information in performing advisory and assistance services for the Government under separate contract. These individuals will be authorized access only to such information that is necessary to enable them to perform their respective duties. Such firm(s) are expressly prohibited from competing on the subject acquisition.

Architect: Taylor Franz, Krueck Sexton Partners, 221 West Erie Street, Chicago, IL 60654, tfranz@ks.partners, 312-374-1505

Cost Estimator: Adel Hanna, Toscano Clements Taylor, 150 W 30th St, 7th Flr, New York, NY 10001, ahanna@tctcost.com, 631-392-1400.

Construction Manager as Advisor: Woody Woodson, Jacobs Engineering, 2 Penn Plaza, Ste 0603, New York, NY 10121-0650, woody.woodson@jacobs.com, 301-503-6870

Pursuant to FAR Part 9.505-4(b), these firms must execute an agreement with each offeror that states that they will (1) protect the offerors’ information from unauthorized use or disclosure for as long as it remains proprietary and (2) refrain from using the information for any purpose other than that for which it was furnished.

To expedite the evaluation process, each offeror must contact the above-listed firm(s) to effect execution of such an agreement prior to the submission of proposals. Each offeror must submit copies of any such agreement(s) with their proposal.

II.F. Requirements of Joint Venture Offerors

Document: C201-GC/AUGUST 2021 (The Solicitation) https://www.sam.gov/

(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 no later than June 3, 2022.

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

This acquisition is being conducted under the provisions of FAR Part 15 as a negotiated procurement. In accordance with FAR 3.104 and FAR 15.207, after receipt of proposals, no information regarding the identity of those submitting offers, the number of offers received, or the information contained in such offers will be made available until after award except as provided by FAR 15.503.

III.E. Affirmative Procurement Program

Document: C201-GC/AUGUST 2021 (The Solicitation) http://www.sba.gov/

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

III.F. Notice Concerning Preparation of Proposals

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

III.G. Bond Requirements

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

III.H. Contractor Performance Information

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

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

Completed CPARS evaluations may then be used by Federal acquisition community for use in making source selection decisions. CPARS assists acquisition officials by serving as the single source for contractor past performance data.

(2) CPARS Registration: Each award requiring an evaluation must be registered in CPARS.

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an 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.

Document: C201-GC/AUGUST 2021 (The Solicitation) http://www.cpars.gov/ https://www.cpars.gov/lc.htm

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

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

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

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

III.J. INFORM

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

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

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

B. Detailed Description of the INFORM Process

B.1. Component 1 - Notification of Award

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

● All information required by statute or regulation;

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

Document: C201-GC/AUGUST 2021

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

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

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

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

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

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

● take no further action.

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

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

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

● Primary point of contact;

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

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

and

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

B.3. Component 3 - Oral Feedback Meeting

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

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

Document: C201-GC/AUGUST 2021

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

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

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

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

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

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

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (AUG 98)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section, Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee.

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

Document: C201-GC/AUGUST 2021

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

(MAY 14)

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

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

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

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

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

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

22.6%

Electricians __________ 9.0 to 10.2

Carpenters __________ 27.6 to 32.0

Steam fitters__________12.2 to 13.5

Metal lathers _________ 24.6 to 25.6

Painters _____________ 28.6 to 26.0

Operating Engineers ___ 25.6 to 26.0

Plumbers _____________12.0 to 14.5

Iron workers (struct) _____25.9 to 32.0

Elevator constructors ______5.5 to 6.5

Bricklayers ____________13.4 to 15.5

Asbestos workers ______ 22.8 to 28.0

Roofers _________________6.3 to 7.5

Iron workers (ornamental) _22.4 to 23.0

Cement masons _________23.0 to 27.0

6.9%

Document: C201-GC/AUGUST 2021

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

Glaziers _______________ 16.0 to 20.0

Plasterers ______________ 15.8 to 18.0

Teamsters ______________22.0 to 22.5

Boilermakers ____________13.0 to 15.5

All others _______________ 16.4 to 17.5

These goals are applicable to all of the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the--

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is: New York, NY

IV.E. Buy American Requirements

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

Document: C201-GC/AUGUST 2021

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "designated country construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American-Construction Materials Under Trade Agreements" (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

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

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

(d) Alternate offers.

(1) When an offer includes foreign construction material, other than designated country construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material, and the offeror shall be required to furnish such domestic or designated country construction material. An offer based on use of the foreign construction material for which an exception was requested-

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

Document: C201-GC/AUGUST 2021 (The Solicitation) https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.gsa.gov/forms-library/solicitation-offer-and-award-construction-alteration-or-repair https://www.acquisition.gov/far/part-52#FAR_52_225_11 https://www.acquisition.gov/far/part-52#FAR_52_225_11

(ii) May be accepted if revised during negotiations.

(End of Provision)

IV.F. Buy American Exceptions

For Buy American exceptions, if any, see the applicable Buy American clause in Section IV of the Agreement

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

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

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

IV.H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 98)

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

Federal Acquisition Regulation

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English

Language

APR 91

52.215-16 Facilities Capital Cost of Money JUN 03 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 14

52.236-28 Preparation of Proposals - Construction OCT 97

IV.I. GSAR Clause 552.102 Incorporating Provisions and Clauses

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

IV.J. Small Business Subcontracting Plan

Document: C201-GC/AUGUST 2021 (The Solicitation) https://www.acquisition.gov/browse/index/far

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is not required to be submitted with offers, but if the apparent successful offeror is a large business, it shall be required to submit an acceptable subcontracting plan prior to award.

IV.K. Requiring Certified Cost or Pricing Data [15.403-4]

The Contracting Officer shall…