Solicitation 47PJ0025R0028.pdf

GSA Solicitation No. 47PJ0025R0025

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

Construction Contract for:

Sioux Falls Courthouse IRA Window Replacement

400 S. Phillips Ave, Sioux Falls, South Dakota 57104-6851

Solicitation No: 47PJ0025R0028

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

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. GSAR 552.252-5 Authorized Deviations in Provisions (Nov 2021)(DEVIATION FAR

52.252-5) L. Additional Provisions

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

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 Ventures

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract to construct the Project described in the attached Agreement. Proposals conforming to the Solicitation requirements will be evaluated in accordance with the Method of Award set forth herein. The Government will award the Contract to the selected Offeror, subject to the conditions set forth herein.

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

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

Note: The Inflation Reduction Act of 2022 (IRA), Pub. L. No. 117-169, enacted in August 2022, provided GSA with significant funding for (a) measures necessary to convert facilities to high-performance green buildings, (b) acquisition and installation of construction materials and products with substantially lower levels of embodied greenhouse gas emissions, and (c) emerging and sustainable technologies. The Contract resulting from this Solicitation will be funded in part by IRA appropriations, and it contains numerous IRA-specific requirements. Requirements include, but are not limited to, requirements regarding pricing, invoicing, submittals, materials, and construction. In addition, please note that this Solicitation contains an evaluation factor favoring certain construction materials with the lowest possible levels of embodied carbon. Offerors shall carefully review this Solicitation, the Agreement, the Statement of Work, the Specifications, and the Drawings. Offerors are responsible for accurately pricing and, if successful, fully performing all Contract requirements.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

i. 25R0028 Bid Sheet

ii. 25R0028 IRA Sustainability Factor Table

(2) Statement of Work Dated 15 January 2025 (With 15 Associated Attachments)

(3) 47PJ0025R0028 CONSTRUCTION SET SPECIFICATIONS

(4) 47PJ0025R0028 CONSTRUCTION SET DRAWINGS

(5) Offeror Representations and Certifications Form

(6) Standard Form (SF) 1442 – 47PJ0025R0028– Solicitation Offer and Award

(7) The Agreement

I.C. Authorized Representatives

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

I.B.1 Contracting Officer

Name: Sarah Callies Address: One Denver Federal Center Bldg. 41, Lakewood, Colorado 80225 Telephone: 303-880-5133 Email: sarah.callies@gsa.gov

I.B.2 Alternate Point of Contact

Name: H. Christine Allen Address: One Denver Federal Center Bldg. 41, Lakewood, Colorado 80225 Email: christine.allen1@gsa.gov I.B.3 Alternate Point of Contact Name: Jalen Scandrett Address: One Denver Federal Center Bldg. 41, Lakewood, Colorado 80225 Email: jalen.scandrett@gsa.gov

I.D. Pre-Proposal Conference

Date: 29 January 2025

Time: 10:00 AM (CT)

Location: 400 S. Phillips Ave, Sioux Falls, South Dakota 57104-6851

I.E. Estimated Price Range

Between $5,000,000 and $10,000,000 (FAR 36.204)

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

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

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

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

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

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

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within

10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

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

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

(1) The clauses at FAR 52.236-2, Differing Site Conditions, and FAR 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation.

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

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

Date: 29 January 2025

Start Time: 10:00AM (CT-- Sioux Falls, SD)

Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Offerors shall submit a visit authorization request identifying all attendees from their respective team. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. The meeting location will be in the front of the main entrance of the Sioux Falls Federal Courthouse located at 400 S. Phillips Ave, Sioux Falls, South Dakota 57104-6851.

Submit site visit authorization requests to the point of contact listed below by no later than close of business on 23 January 2025. Confirmation with Site Visit details will be provided via email upon receipt of request.

It is the responsibility of the Offeror to follow-up if a confirmation is not received.

Request for site visit attendance should be sent to:

1. Name: Justin Gartland

Email: justin.gartland@gsa.gov

2. Name: Chad Andrews

Email: chad.andrews@gsa.gov

I.H. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received electronically via email to the below POCs by no later than 2:00 pm Mountain Time on 27 February 2025:

Date:

(1) POC: Sarah Callies

Email: sarah.callies@gsa.gov Address: One Denver Federal Center Bldg. 41, Lakewood, Colorado 80225

(2) POC: Christine Allen

Email: christine.allen1@gsa.gov

(3) POC: Jalen Scandrett

(2) Offers sent by mail shall not be accepted.

(3) The Government will make every effort to verify receipt of proposals with a return email. If confirmation is not received, it is the responsibility of the offerors to confirm with the POCs above prior to the due date and time for offers.

I.I. Request for Information/Questions

Contractors are encouraged to submit any questions generated during the site visit or review of the documents in writing (email) to the GSA Authorized Representatives via email by no later than close of business on 13 February 2025. The Government will make every effort to fully respond to your questions and provide responses by 13 February 2025. Please plan your proposals accordingly.

GSA Authorized Representative emails:

Date:

(1) POC: Sarah Callies

Email: sarah.callies@gsa.gov Address: One Denver Federal Center Bldg. 41, Lakewood, Colorado 80225

(2) POC: Christine Allen Email: christine.allen1@gsa.gov

(3) POC: Jalen Scandrett

II. Proposals

II.A. Proposal Contents

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

1. Cover Sheet

2. Technical Proposal

3. Price Proposal (SF 1442 and Attachment 2-Pricing Sheet)

4. Representations and Certifications

5. Standard Form 24, Bid Bond

II.B. Proposal Format

Offerors shall submit a separate Cover Letter/Transmittal Sheet, Technical Proposal, Price Proposal, Representations and Certifications, and Bid Bond. All Proposals shall be in a legible font of Times New Roman (or similar) greater than 11 point. Proposals must not exceed 20 pages total (excluding the material data/EPD required under Factor 4).

The Cover Letter/Transmittal sheet shall include:

(a) The solicitation number 47PJ0025R0028

(b) The name, address, phone numbers, and e-mail addresses of the offeror.

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

(d) Names, titles, phone numbers, and e-mail addresses of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation, and;

(e) Name, title, and signature of person authorized to sign the proposal.

If the Offeror communicates in its proposal any qualifications, exclusions, or conditions to the proposed prices not provided for in the Solicitation Documents, the Contracting Officer may reject the proposal and exclude the Offeror from further discussions.

In order to be considered for award, proposals must be received electronically via email at the addresses identified in section I.H. no later than 2:00PM (MT) on 27 February 2025. Proposals shall be emailed to the three (3) POCs identified in section I.H. above. Offerors are responsible for confirming receipt with the Government POCs.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the excel ‘Attachment 2- Pricing Sheet’ with prices indicated for each price element and the completed/signed Standard Form 1442 (Blocks 14 – 20) with total offer price indicated in Block 17. All amendments must be acknowledged in Block 19 of the SF 1442. The name and title of the person authorized to sign must be clearly indicated in Blocks 20a-c of the SF 1442.

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.

(2) Additional Proposal Requirements:

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

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

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

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

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

• Design, submittal and documentation expenses reasonably attributable to IRA-funded work;

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

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

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

• Phasing and commissioning expenses reasonably attributable to IRA-funded work. (2) Qualifications, Exclusions and Conditions

The following CLIN will be utilized to track all spending for this project:

CLIN Price

CLIN 0001 Acquisition and Installation of Low Embodied Carbon Glass and Associated Expenses

II.D. Technical Proposal

Technical capabilities and past performance, when combined, are significantly more important than price. Technical capabilities, as described in the solicitation, will consist of:

FACTOR 1: PAST EXPERIENCE

The offeror shall submit a minimum of two with a maximum of three project examples demonstrating relevant experience. If more than three projects are submitted, GSA will consider only the first three in the order of submission within the offeror’s proposal. Each project example shall be no more than two (2) pages. To qualify for consideration for this factor, projects, at a minimum, must be:

Completed within the past five (5) years from the date proposals are due, Total Contract Value at the time of proposal must be equal to or exceed $3,000,000

For a building renovation or new build construction where the offeror was the Prime Contractor

A higher rating may be given to projects where the work is in: buildings registered as historic, courthouses, government-owned buildings, or occupied facilities. A higher rating may be given to projects that: involve window replacements, were completed within the approved schedule, or projects involving the Inflation Reduction Act (IRA).

The Government considers that a successful offeror should be able to demonstrate adequate experience in performing the Sioux Falls Courthouse IRA Window Replacement project. Work requires a level of capability and understanding of the requirements for work within an occupied registered historic building and where project requirements pertaining to the IRA must be adhered to. In order for GSA to protect its interests and the interests of its tenants and the public, the successful Offeror should be able to demonstrate in its portfolio of submitted projects, that meet the definition above, compliance with these experience requirements. Such experience is critical and the Government will likely favor this more highly.

FACTOR 2: PROJECT MANAGEMENT

The offeror shall submit a narrative that describes the offeror’s Technical Approach and management plan for the subject project demonstrating an acceptable understanding of job responsibilities and requirements, project goals and restrictions, and realistic methods and strategy for completing the construction within the project limits including acceptable methods for equipment removal/installation and proper phasing of the project with regard to tenant comfort. The Technical Approach shall be no more than five (5) pages and address the following:

Approach to meeting the technical requirements set forth in the Scope of Work and related documents. The Approach should discuss the offeror’s plan to manage the historic aspect of the courthouse worksite and how it will work within an occupied facility;

Key Personnel (Project Manager, Site Superintendent/Manager, and others as assigned for this project) and experience and qualifications of these Personnel; and

Communication Plan covering aspects such as work coordination to do with the occupied building, progress meeting schedules, conflict resolution, and other items as needed.

Higher ratings may be given to proposals which demonstrate: (1) reasonable ability to meet all requirements as stated within the Scope of Work, (2) Key Personnel who have experience working on a project of this size and magnitude ($5M or higher), and (3) a Communication Plan that reasonably conveys an understanding of how to coordinate the required work.

FACTOR 3: SCHEDULE

The offeror shall submit a reasonable schedule showing a logical order in which they propose to perform the work, and the dates on which the offeror contemplates starting and completing the key salient features of the work. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. In addition to the schedule, each firm is to provide a describing your scheduling and coordination.

Higher ratings may be given to proposals which clearly describe the offeror’s critical path schedule and coordination for this project that would meet the construction schedule as well as requirements for inspection, testing, administrative submittals, and long lead items (such as the glass required under this project), and which clearly defines the offeror’s understanding of the project and ability to meet the contract period of performance.

FACTOR 4: SUSTAINABILITY

Background and Overview This project is funded in part by Section 60503 of the Inflation Reduction Act of 2022 (IRA), which provides funding for purchase of construction materials with substantially lower levels of embodied greenhouse gas emissions.

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

This Evaluation Factor calls for Offeror commitments to furnish IRA-Eligible Materials with the lowest possible GWP values. IRA Limit Commitments proposed under this evaluation factor will be incorporated into the successful offeror’s resultant contract.

Individual materials’ GWP values may be found on individual manufacturers’ environmental product declarations (EPDs) (also see the SAM.gov presolicitation notice and solicitation for some publicly-available tools that may help identify potential suppliers). EPDs must meet the standards reflected in GSA’s IRA Low Embodied Carbon asphalt, concrete (and cement), glass and steel requirements (see Compliance Documentation criteria listed for each IRA-Eligible Material). Again, glass is the only material having to meet the IRA LEC requirements under this project. Based on input from the glass industry, GSA is only issuing GWP limits for unfabricated flat glass at this time.

Technical Acceptability Offerors will only meet the standard for technical acceptability under this Factor if they commit to furnish all required IRA-Eligible Materials (glass) with a GWP better (lower) than each IRA- Eligible Material’s Better Than Average Limit.

Scoring Offerors meeting the standard for technical acceptability, above, will receive a number of Raw Scores, one for each IRA-Eligible Material required by the Contract:

Offerors will receive a Raw Score of 90 for each IRA-Eligible Material commitment that is better (lower) than GSA’s Top 20% Limits.

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

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

Offerors shall complete the excel “Attachment 3- IRA Sustainability Factor Table” attached to this solicitation by filling out the applicable IRA Limit they commit to meet for each IRA- Eligible Material. Based upon the offeror’s selection in the “IRA Limit Commitment” column, the associated Raw Score, the Weighted Score, and the Total Weighted Score will be automatically calculated. The glass is the only IRA-Eligible Material for this project. Offerors shall fill out the proposed Manufacturer/Product for the flat glass and IRA Limit Commitment on the “REQUIRED Sustainability Table” tab.

In addition, for each IRA-Eligible Material identified in the IRA Sustainability Factor Table, offerors shall submit EPDs listing that material’s GWP. Such EPDs must meet the standards reflected in GSA’s IRA Low Embodied Carbon asphalt, concrete (and cement), glass and steel requirements (see Compliance Documentation criteria listed for each IRA-Eligible Material).

The Government will verify all reported limits.

Raw Score Supplement

Offerors will receive a supplemental 10 points on Raw Scores for each IRA-Eligible Material where the material’s submitted EPD reflects the lowest GWP value received in the competition for that material. For instance, where two offerors propose materials meeting the Top 20% Limit for glass, and Offeror A submits a glass EPD reflecting a GWP value lower than that reflected in Offeror B’s glass EPD, Offeror A and B will receive raw scores of 100 and 90 for that material, respectively. During evaluations, the Government will add Raw Score Supplements, if any, to offeror’s Preliminary Weighted Scores to calculate Final Weighted Scores. In the event of a tie for lowest-GWP values for a given material, those tied offerors will all receive the Raw Score Supplement for that material.

Note 1: By submitting an offer, Offeror consents to unrestricted GSA use of supplier names and the GWP values associated with supplier materials. Such information may be disclosed publicly or used to inform other low embodied carbon procurement activities. Technical solutions, supplier pricing and supplier-offeror terms and conditions will not be shared. Any objection shall be transmitted to the Contracting Officer by the due date for offers and shall adhere to 41 C.F.R. § 105-60.601.

Note 2: For each offeror that is unable to submit any of the compliant EPDs by the proposal due date, the offeror shall submit a statement for each such missing compliant EPD (a) certifying that it is unable to submit a compliant EPD by the proposal due date, and (b) promising to submit a compliant EPD within 120 days from the contract award ((a) and (b) collectively constituting an “EPD Pledge”). Failure by an offeror to submit either a compliant EPD or an EPD Pledge (as described in the immediately preceding sentence) for each IRA-Eligible Material listed in the IRA Sustainability Factor Table by the proposal due date shall result in the offeror’s proposal being unacceptable. Offerors submitting an EPD Pledge in lieu of a compliant EPD for a given IRA-Eligible Material will not be eligible for a Raw Score Supplement for that material, as described above.

Any awardee that submitted an EPD Pledge in lieu of a compliant EPD for a given IRA-Eligible Material will still be bound by IRA Limit Commitments made in their IRA Sustainability Factor

Table. Note as well that the contract resulting from this solicitation shall have the following provision: “Within 120 days after contract award, the Contractor shall submit a compliant EPD for any IRA-Eligible Material for which the Contractor was unable to submit a compliant EPD by the proposal due date (if any). Such EPD must reflect GWP values that comply with the IRA Limit Commitments incorporated into the contract. GSA shall not issue a Notice to Proceed with construction services to the Contractor until the Contractor has submitted a compliant EPD for each IRA-Eligible Material for which the Contractor was unable to submit a compliant EPD by the proposal due date.”

Note 3: Preliminary Market Research has indicated that such IRA-Eligible Materials meeting Top 20% Limits may not be readily available and, the Contracting Officer may consider issuing the solicitation to relax the Top 20% Limit requirements for those materials, permitting submission of materials meeting Top 40% Limits or Better than Average Limits.

FACTOR 5. PAST PERFORMANCE

Past performance will be evaluated using the Past Performance Information Retrieval System (PPIRS). Government databases will be checked and previous customers and/or evaluators may be contacted as references or verification of performance.

All past performance must reflect a past performance rating of satisfactory or better to receive a rating. Contractors with no past performance record available will receive a ‘neutral’ rating which is considered the same as that of a satisfactory record. Higher ratings may be given to offerors with a past performance record indicating very good ratings. The highest ratings may be given to offerors with a past performance record indicating excellent ratings.

II.E. Other Information to Submit with Proposal

(1) Representations and Certifications

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

Offerors shall also submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8).

II.F. Requirements of Joint Venture Offerors

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

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

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

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

III. General Provisions

III.A. Availability of Funds

Issuance of this Solicitation does not warrant that funds are presently available for award of a Contract.

Award of the contract shall be subject to the availability of appropriated funds, and the Government shall incur no obligation under this Solicitation in advance of such time as funds are made available to the Contracting Officer for the purpose of contract award.

III.B. Requests for Clarification or Interpretation

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

III.C. Notice to Small Business Firms

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

III.D. Information Concerning the Disclosure of Solicitation Results

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

III.E. Affirmative Procurement Program

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

III.F. Notice Concerning Preparation of Proposals

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

III.G. 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 Past 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 email that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

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

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

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

GSA shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor.

Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

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

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

Certain information contained in the Solicitation Documents may have been designated as Controlled Unclassified Information (CUI) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth in the provision

“Administrative Matters” in Section III of the Agreement, as a condition of receipt of such information.

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29 (Sep 2023)

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

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

IV.B. FAR 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (JUN 1988)

(a) The specifications cited in this solicitation may be obtained from: GSA Specifications Unit at (202) 755-0325. MIL Specifications may be obtained by calling (215) 697-2179.

(b) The request should identify the solicitation number and the specification required by date, title, and number as cited in the solicitation.

IV.C. FAR 52.216-1 Type of Contract (APR 84)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

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

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

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

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

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

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

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

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

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

1.2% 6.9%

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

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

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

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

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

(3) Estimated dollar amount of the subcontract;

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

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

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is: Sioux Falls, Minnehaha County, South Dakota.

IV.F. Buy American Requirements

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

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

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

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

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

(d) Alternate offers.

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

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and

(d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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

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

(ii) May be accepted if revised during negotiations.

(End of Provision)

IV.G. Buy American Exceptions

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

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

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

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

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

52.204-22 Alternative Line Item Proposal JAN 17

52.214-34 Submission of Offers in the English Language

APR 91

52.215-16 Facilities Capital Cost of Money JUN 03 52.236-28 Preparation of Proposals - Construction OCT 97

IV.J. GSAR Clause 552.102 Incorporating Provisions and Clauses

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

IV.K. GSAR 552.252-5 Authorized Deviations in Provisions (Nov 2021) (DEVIATION FAR 52.252- 5)

(a) Deviations to FAR provisions. This solicitation identifies any authorized deviation to a Federal Acquisition Regulation (FAR) (48 CFR chapter 1) provision by—

(1) The addition of “(DEVIATION)” after the date of the FAR provision when an authorized deviation to a FAR provision is being used, and

(2) The addition of “(DEVIATION FAR (provision number))” after the date of the GSAR provision when a GSAR provision is being used in lieu of a FAR provision.

(b) Deviations to GSAR provisions. This solicitation identifies any authorized deviation to a General Services Administration Acquisition Regulation (GSAR) (48 CFR chapter 5) provision by the addition of “(DEVIATION)” after the date of the provision.

(c) “Substantially the same as” provisions. Changes in wording of provisions prescribed for use on a “substantially the same as” basis are not considered deviations.

IV.L Additional Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or…