Solicitation_beta.sam.gov.47PC0220R0010.pdf

GSA Solicitation 47PC0220R0010

47PC0220R0010 SOLICITATION CONTENTS

1. Request for Proposal (RFP) document

2. Statement of Work (SOW)

ADDENDUMS FOR INFORMATION & REFERENCE

3. Attachment 1: Division One General Requirements

4. Attachment 2: FOB Service Elevators As-Built Drawings

5. Attachment 3: General Elevator Requirements

6. Attachment 4 – see two sections below

7. Attachment 5: Penthouse Floor Plans (CAD version is available upon request)

8. Attachment 6: Asbestos Assessment Report – Mechanical Floors

9. Attachment 7: Pictures (of construction space)

10. Attachment 8: Elevator Switchboard, Schedule & Floor Plan

11. Attachment 9: Penthouses Sprinkler Plans

12. Attachment 10: Penthouses Fire Alarm Floor Plans

13. Attachment 11: Architectural Details

14. Attachment 12: Asbestos and Lead Service Elevator Pre-Alteration Report

15. DOL Wage Determination #NY20200003, dated 05/01/2020

ATTACHMENT TO BE RETURNED WITH TECHNICAL PROPOSAL

16. Attachment 13: Factor 3 Project Experience Form

ATTACHMENTS TO BE RETURNED WITH PRICING PROPOSAL

17. SF1442-14a GSA Standard Form: complete with signature & date

18. Attachment 4 Contract Pricing Sheet

19. SF24-16d1 Bid Bond Form

20. SF25-16d Performance Bond Form

21. SF25A-16d Payment Bond

22. SF28 Affidavit of Individual Surety

23. GSAA527-15e Form: Submit Contractor Qualifications and Financial

Information

ATTACHMENT TO BE RETURNED DIRECTLY BY REFERENCE(S)

24. Past Performance Questionnaire

REQUEST FOR PROPOSAL (RFP)

Design Build – Service Elevator Modernization Services Jacob K. Javits Federal Office Building at 26 Federal Plaza, New York, NY 10278

Table of Contents

I. General Information A. The Solicitation and the Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Site Visit E. Estimated Price Range F. FAR 52.228-1 Bid Guarantee

G. Bond Requirements H. FAR 52.236-27 Site Visit - Construction

I. 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 for Joint Venture Offerors

III. General Provisions

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

J. Additional Security Requirements

IV. FAR/GSAR Solicitation Provisions & Clauses

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

B. FAR 52.216-1 Type of Contract C. FAR 52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. FAR 52.233-2 Service of Protest F. Buy American

G. Buy American Exceptions H. FAR 52.209-13 Violation of Arms Control Treaties or Agreements-Certification I. FAR 52.252-1 Solicitation Provisions Incorporated by Reference J. FAR 52.252-2 Clauses Incorporated by Reference K. GSAR 552.102 Incorporating Provisions and Clauses by Reference L. Telecommunications Equipment Matters M. Equal Opportunity

V. Additional Solicitation Provisions and Instructions

A. GSAR 552.236-74, Evaluation of Options B. GSAR Clause 552.236-77, Government’s Right to Exercise Options

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

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is not set aside for any business size and is being solicited on the open market via beta.sam.gov in accordance with FAR 15. 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 bilateral signatures together with all documents incorporating an Agreement and reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of this Request for Proposal (RFP) document, the Statement of Work (SOW) and all documents listed under the “47PC0220R0010 SOLICITATION CONTENTS” page.

I.C. Authorized Representatives

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

Solicitation:

Contracting Officer

Name: Sung Yoo Address: 1 World Trade Center, New York, NY 10007

Telephone: 646-599-3988 Email: Sung.yoo@gsa.gov

I.D. Pre-Proposal Site Visit

(1) A synopsis was issued on January 23rd, 2020 and a subsequent pre-solicitation site visit took place on February 7th, 2020 at the Jacob K. Javits Federal Building 26 Federal Plaza, New York, NY 10278.

(2) In response to this solicitation, a Pre-Proposal Conference and Site Visit may be requested for scheduling. However, a Site Visit or Conference is not guaranteed. In light of the COVID- 19 pandemic, any such requests may be denied at the discretion of the Contracting officer after review of any active federal, state and city orders and mandates. Interested parties must notify sung.yoo@gsa.gov for any site visit request and any reasonable accommodations required due to a disability.

mailto:sung.yoo@gsa.gov

I.E. Estimated Price Range

The estimated price range for the Project is between $2,000,000.00 and $4,000,000.00.

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.

I 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.

I 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.

II.G Bond Requirements

A payment bond and performance bond are required under this solicitation. 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.

I.H. FAR 52.236-27 Site Visit – Construction (FEB 1995)

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

I.I. Receipt of Offers

(1) In order to be considered for award, offers conforming to the requirements of the Solicitation must be received at the following office no later than 5:00 pm local time (ET) on:

June 22, 2020.

http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113365 http://www.acquisition.gov/far/current/html/52_233_240.html#wp1113375

All proposals must be submitted electronically by email to: sung.yoo@gsa.gov

The date and time stamp of emails shall be used to determine whether submissions are received on time in accordance with FAR 15.208.

II. Proposals

II.A. Proposal Contents

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

1. Pricing Proposal

a. Standard Form 1442

b. Contract Pricing Form (Attachment 4)

c. SF24-16d1 Performance Bond Form

d. SF25-16d Bid Bond Form

e. SF25A-16d Payment Bond

f. SF28 Affidavit of Individual Surety

g. GSAA527-15e Form: Submit Contractor Qualifications and Financial Information

h. Proof of Insurance – coverage for liability and fire/theft hazard

2. Subcontracting Plan (required for large businesses)

3. Technical Proposal

Factor 1 – Past Performance o Three references

References may complete and only submit Past Performance Questionnaire directly to CO. Do not send through offerors.

Factor 2 – Technical Approach o Documentation of:

Operational risk plan Resources Organizational chart Quality Control Plan Management Plan Project Schedule (CPM Network Chart) Safety Plan

RFP Attachments 1-3, and 5-11 are for technical reference only and do not need to be returned with proposals.

Factor 3 – Project Experience mailto:sung.yoo@gsa.gov o RFP Attachment 13 – Project Experience Form

Factor 4 – Key Personnel o Resumes for five categories of personnel (2 page max per resume)

II.B. Proposal Format

The proposals will be in two sections: (1) technical proposal and (2) price proposal.

The technical proposal includes a written technical response addressing all non-price evaluation factors above. Do not include any pricing information in this proposal.

The pricing proposal consists of a completed SF1442 and all other listed documents above. The price proposal will contain all information related to the costs associated with providing the services described in the scope of work for this acquisition and any clarification information about pricing may be included in narrative form.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the Standard Form 1442, Block 17 must be fully executed by the Offeror.

(2) Contract Pricing Form, completed.

(3) All other documents listed above in II.A.1.

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

II.D Technical Proposal

Factor 1 – Past Performance

Each offeror will be required to provide a minimum of three references related to contract/task orders (government or commercial) for elevator modernization contracts/orders performed within the past 8 years, for a project that is considered similar to this project’s scope of work:

modernization of at least two or more elevators for high rise occupied buildings.

The International Conference on Fire Safety in High-Rise Buildings defines a high-rise building as “any structure where the height can have a serious impact on evacuation” and the U.S.

National Fire Protection Association defines a high-rise as being higher than 75 feet (23 meters), or about 7 stories.

References must include the name, address, and current telephone numbers of the person or company. The offeror is responsible to ensure that contact information is current and reliable.

The references shall be contacted to request a completion of the Past Performance Questionnaire (PPQ) and submit it directly to the Contracting Officer before the proposal submission deadline. Any PPQs submitted by the offeror themselves will be invalid. If references choose not to supply a PPQ, offerors will not be penalized.

The Government will also consider any information provided by references in the Past Performance Information Retrieval System (PPIRS). If negative information is received from sources, the offeror will be given an opportunity to respond to the negative information.

In its evaluation of offerors past performance, the Government is seeking to determine whether the offeror has consistently demonstrated timeliness of performance and deliverables, cost control, quality control management (compliance with contract requirements, adaptability and safety management); and good business relations through demonstrated management between all involved parties, good workmanship and overall professionalism.

The Government may choose to contact additional customer(s) not provided by an offeror and may obtain additional information through other sources, such as the Past Performance Retrieval System (PPIRS), and phone interviews using all 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), and any other known sources not provided by the offeror.

If the offeror is a joint venture, past performance submitted for the joint venture partners may be evaluated for both work performed together as a joint venture and individually, if applicable. The percentage of work proposed for future performance by each partner of a joint venture will be considered and weighted respectively in evaluating the scope and relevance of the past performance information submitted overall. For example, if firm A will be performing 10% of the work while firm B performs 90% of the work, then the significance of evaluating firm B’s past performance will be weighted 90%. As a result, in this example, firm B’s past performance would be considered at a much higher level of consideration than firm A.

Factor 2 – Technical Approach

This factor is concerned with the offeror’s understanding of the project requirements and its proposed operational management approach. The offeror shall submit a technical approach addressing the following:

● OPERATIONAL RISK: Offerors shall identify significant risks associated with working in an occupied building with limited site access. These risks should include items that may jeopardize the project’s budget and cause schedule delays. Offerors shall provide a written narrative describing how they propose to manage and mitigate these risks. Offerors shall provide examples of how they have successfully managed similar risks on previous projects.

● RESOURCES: Offerors shall also describe their long-range plans for securing and maintaining the resources necessary to complete the project. The described resources should include availability of skilled laborers, existing working relationships with key subcontractors (for example, but not an all-inclusive list: fireproofing, sprinkler system design, hoist way patch work, HVAC and electrical), personnel to help coordinate security clearances in a timely manner, equipment and material. The description should also indicate whether these resources will be in-house personnel or major subcontractors.

Preference will be given to contractors who have existing relationships with or in-house Architects/Engineers of Record available for this project. Preference will also be given to contractors (and all key personnel) who are based in the local metropolitan area of New York City.

● ORGANIZATIONAL STRUCTURE: Offerors shall provide an organizational chart identifying their team for this project and showing team members’ organizational positions – only key personnel are required. The chart should show lines of authority within the project team, between the project team and its corporate organizations, and between the project team and the Government.

● QUALITY CONTROL: Offerors shall provide a Quality Control Plan (QCP) tailored to this project. The QCP shall contain the offeror’s methodology for controlling quality during both design and construction. The QCP shall also demonstrate the offeror’s understanding of the high level of quality expected due to the nature of the building and the means by which the offeror will maintain quality throughout both the design and construction portions of the work.

● MANAGEMENT PLAN: Offerors’ Management Plan for the project shall explain how the various team members will work together and the methodology and electronic project management processes for managing the entire project. The plan shall describe the process during design for solving technical, functional, and constructability issues while maintaining the intent of the design and obtaining approvals. The plan shall discuss the method of coordination between GSA, the 26 Federal Plaza Building, and the offeror. The plan shall refer to the use of schedules and cost control systems. The plan shall also discuss how the offeror will ensure that all necessary permits and approvals are received for the project in a timely manner so that the completion date of the construction is not delayed.

● PROJECT SCHEDULE MANAGEMENT: The offeror shall provide a project schedule in a Critical Path Method (CPM) network format with as many of the possible activities needed to fully portray the project along with a narrative description of the activities. The proposed schedule will run from the estimated contract award date through the required date for substantial completion of construction and all punch list items. The network logic shall be linked, and the logic shall show the general management approach to designing and constructing the project. The narrative shall identify any high-risk work items, long lead times, as well as what proactive measures can be taken to minimize delays and risks and how GSA may assist in meeting the schedule.

● SAFETY PLAN: Elevator modernization poses a high risk on human safety and raises the possibility of dismemberment or death if safety protocols are not securely in place and followed. Fire and life safety will be part of the main function of the GC. The offeror shall provide a comprehensive Safety Plan that outlines what protocols and strategies will be followed throughout the construction phase of this project, including preparation for mobilization periods and post-construction.

FACTOR 3 – Project Experience

This factor will measure the breadth, depth and relevance of an offeror’s experience in performing projects similar in scope, magnitude and complexity to the work described in this solicitation. The evaluation of Experience will be a subjective assessment based on a consideration of all relevant facts and circumstances.

The offeror should submit information (using form “RFP Attachment A1”) about three (3) projects performed as the prime contractor (include subcontractor work information) completed within the last ten (10) years that are similar in dollar value (minimum construction cost at time award of $2,000,000), similar in nature, and under similar working conditions. If more than three

(3) projects are submitted, only the first three (3) will be considered. Submitted projects must be substantially complete by the closing date of this solicitation. Projects may have been governmental (federal, state, or local) or private sector contracts.

“Similar” is defined as projects comparable in terms of scope, magnitude, and complexity. The Government may consider a project that has the following criteria as a similar project:

● The project’s construction cost at time of award was a minimum of $2,000,000.

● Type of project: Elevator Modernizations (e.g. Design-Build or Design-Bid-Build).

● Work performed in a high-rise occupied office building with multiple tenants that maintained existing building operations during construction.

● The project involved the installation of specialty Elevator Systems, HVAC, MEP Systems such as: Regenerative Drive Systems, supplemental AC systems, electrical distribution systems, fire alarm and sprinkler systems, etc.

Factor 4 – Key Personnel

Offerors will be requested to identify key personnel for the project team and their responsibilities, qualifications, and positions for the proposed projects.

Key Personnel are limited to the Project Manager, MEP Design Team (which includes an Architect, Mechanical Engineer, Electrical Engineer, Plumbing Specialist, Life-Safety/Fire-Alarm professional), Superintendent, Quality Control Manager & Site Safety Coordinator. No other key personnel qualifications will be considered. The duties of each should be clearly described in the proposal.

The Project Manager should be a central point of responsibility/authority for this contract. This individual should not be an on-site manager, but someone with administrative oversight responsibilities, typically based in the firm’s home or corporate office. The Project Manager should have the authority to make final decisions on the contractor’s behalf. They have the authority to sign contracts, and modifications on behalf of the GC firm. The Project Manager should provide oversight of the contractor’s Architect / Engineer of Record and Superintendent.

Complete resumes should be provided for the Project Manager, MEP Design Team, Superintendent, Quality Control Manager, and Site Safety Coordinator proposed to work on this project listing their education, training, qualifications, specialized experience in this type of work and the demonstrated technical competence of the staff on similar projects. This demonstrated competence will take the form of specific project accomplishments, length of service in a particular discipline, and other specifiable or identifiable elements and duties.

At a minimum, provide a no more than two (2) page resume for each person identified below.

Resumes for each KEY PERSONNEL shall include at least the following:

Highlight previous work experience relevant to this project

Identify proposed duties in the project

State how long each key personnel has worked for their current employer

Professional licenses and certifications

a. Project Manager: The offeror shall designate an on-site Project Manager who shall coordinate the work. The Project Manager should possess all the requisite experience, education and professional certifications that would demonstrate their ability to perform this function. This Project Manager shall have: (a) a minimum of 10 years of Project Manager Experience; (b) Project Management experience on at least three (3) construction projects greater than $2,000,000 each; (c) Experience on elevator projects for occupied buildings with multiple stakeholders and a phased construction approach.

b. MEP Design Team: The offeror shall demonstrate that their proposed design team has the relevant key individual professional qualifications including professional registrations and experience necessary for this project and that the team has the required leadership and experience to be responsive to the requirements of this project, especially concerning the Architect / Engineer of Record. Minimum design team shall include a lead design Architect, Mechanical, Electrical, Plumbing, and Life-Safety/Fire-Alarm professionals. All lead design professionals must have a minimum of 10 years experience.

The offeror must verify and confirm that its Design Team has performed work under design-build contracts by providing information and references for a minimum of 2 design-build elevator modernization projects completed over the last eight years.

c. Construction Superintendent: The offeror shall designate a full time, dedicated, on-site Construction Superintendent. The on-site Construction Superintendent shall have: (a) a minimum of 5 years of experience in this position; (b) Construction Superintendent experience on at least three (3) construction projects greater than $2,000,000 each; and (c) Experience on elevator projects for occupied buildings with multiple stakeholders and a phased construction approach.

d. Quality Control Manager: The offeror shall designate an on-site Quality Control Manager, who shall be responsible for overseeing the quality of work being performed in reference to the contract documents to include but not limited to: developing & implementing a QC Program, periodic & random spot check of material & workmanship, submittal review & payroll & log review, etc. The Quality Control Manager should possess all the requisite experience, education and professional certifications that would demonstrate their ability to perform this function. The on-site Quality Control Manager shall have: (a) a minimum of five (5) years of experience in this position; and (b) Quality Control experience on at least three (3) construction projects greater than $2,000,000 each.

e. Site Safety Coordinator: The offeror shall designate an on-site Site Safety Coordinator who is responsible for managing and enforcing the contractor’s site safety program, IAW OSHA requirements. The Site Safety Coordinator shall be, at minimum, 30 HR OSHA Construction Safety Certified. The on-site Site Safety Coordinator shall have: (a) a minimum of five (5) years of experience in this position; (b) Site Safety experience on at least three (3) construction projects greater than $2,000,000 each; and (c) Experience on elevator projects for occupied buildings with multiple stakeholders and a phased construction approach.

Offerors should discuss previous experience in which the Project Manager, MEP Design Team, Superintendent, Quality Control Manager & Site Safety Coordinator may have working together on past projects. The key personnel may be viewed more favorably if the proposed key personnel were on the project team of the projects referenced in the experience and past performance section.

The GC shall utilize the personnel named in its offer to perform the services required under this contract. In the event that any of the personnel named in the accepted GC proposal (incorporated into this contract by reference) become unavailable, the GC shall promptly submit a complete written resume for a proposed substitution, any other information necessary for the GSA to approve or disapprove, and a detailed explanation of the circumstances necessitating the proposed substitution.

II.E. Other Information to Submit with Proposal

1) Small Business Subcontracting Plan (if applicable)

A Small Business Subcontracting Plan, per FAR 52.219-9, is required to be submitted by large business contractors receiving a contract for $1.5 million or more. A large business must provide subcontracting opportunities to small business concerns to participate in contract performance to the maximum practicable extent. Offerors who are considered large businesses are required provide a subcontracting plan outlining its efforts to provide such opportunities.

2) Representations and Certifications

Offerors submitting a proposal in response to this Solicitation shall complete electronic Annual Representations and Certifications in conjunction with required Entity registration in the System for Award Management (SAM), accessed via https://www.sam.gov. Offerors must submit with their proposal, the Annual Representations and Certifications (FAR 52.204-8) section of their SAM registration record.

3) 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.

https://www.sam.gov/

II.F. Requirements for 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, by setting a Question Submission Due deadline of close-of-business on June 6, 2020. Any requests or questions requested within 7 calendar days of the proposal deadline may not receive an answer.

Therefore, prospective Offerors should make any requests for clarification or interpretations not less than 14 calendar days prior to the date set for receipt of offers.

III.C. Notice to Small Business Firms

A program for the purpose of assisting qualified small business concerns in obtaining certain bid, payment, or performance bonds that are otherwise not obtainable is available through the Small Business Administration (SBA) (www.sba.gov). 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 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 clauses FAR 52.204-4 requiring double sided printing on recycled paper for all reports, FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts, FAR52.223-9 Estimate of Percentage of Recovered Content for EPA-designated Products, FAR 52.223-10 encouraging vendors to practice waste reduction, FAR 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts, and FAR 223.19 Compliance with Environmental Management Systems.

III.F. Notice Concerning Preparation of Proposals

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

III.G. Contractor Performance Information

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

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

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

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

The contractor will receive several automated emails. Within thirty days of award, the contractor will 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 http://www.cpars.gov/ https://www.cpars.gov/webtrain.htm officer will request the name and email address of the person that will be responsible for the CR role on your award.

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

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

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

III.H. Safeguarding Documents Designated as Sensitive But Unclassified

Certain information contained in the Solicitation Documents may have been designated as Sensitive but Unclassified (SBU) building information. With respect to such information, Offerors shall agree to the terms for receipt of such information, as set forth below:

1. Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances:

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

(b) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW). Detailed information is available at http://www.gsa.gov/portal/category/107203 . USAccess Credentialing Centers can be located at http://www.fedidcard.gov/centerlist.aspx.

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

2. Safeguarding and Dissemination of Sensitive But Unclassified (SBU) Building Information.

This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

a. Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties. If SBU content is identified, the Contracting Officer (CO) may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.

b. Authorized recipients.

(i) Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information. Those with a need to know may include Federal, State and local http://www.gsa.gov/portal/category/107203 http://www.fedidcard.gov/centerlist.aspx government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.

(ii) All GSA personnel and Contractors must be provided SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

c. Dissemination of SBU building information:

(i) By electronic transmission. Electronic transmission of SBU information outside of the GSA network must use session encryption (or alternatively, file encryption).

Encryption must be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140- 2, Security Requirements for Cryptographic Modules per GSA policy.

(ii) By nonelectronic form or on portable electronic data storage devices.

Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives. Nonelectronic forms of SBU building information include paper documents, among other formats.

1) By mail. Contractors must utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

2) In person. Contractors must provide SBU building information only to authorized recipients with a need to know such information. Further information on authorized recipients is found in Section 2 of this clause.

d. Record keeping. Contractors must maintain a list of all entities to which SBU is disseminated, in accordance with sections 2 and 3 of this clause. This list must include at a minimum: (1) the name of the State, Federal, or local government entity, utility, or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a legitimate business need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

e. Safeguarding SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a legitimate business need to know such information.

GSA contractors and subcontractors must not take SBU building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a legitimate business need to know.

f. Destroying SBU building information. When no longer needed, SBU building information must be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO IT Security 06-32, Media Sanitization Guide and Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization. Alternatively, SBU building information may be returned to the CO.

g. Notice of disposal. The contractor must notify the CO that all SBU building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 6 of this clause, with the exception of the contractor’s record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term. The contractor may return the SBU documents to the CO rather than destroying them.

h. Incidents. All improper disclosures of SBU building information must be immediately reported to the CO at <insert address and contact information> . If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

III.I. Reserved.

III.J. Additional Security Requirements

FAR 52.204-9, Personal Identity Verification of Contractor Personnel (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD- 12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

I The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

(a) Definitions. As used in this clause– Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements.This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

FAR 52.224-1, Privacy Act Notification (APR 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-

579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

(End of clause)

FAR 52.224-2, Privacy Act (APR 1984)

(a) The Contractor agrees to— http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting…