Solicitation.pdf

Multiple Award Indefinite Delivery Indefinite Quantity Construction Services Contract for Region 9

The Solicitation Number 47PK0120R0003

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 Documents Designated as Sensitive But Unclassified

IV. FAR/GSAR Solicitation Provisions A. FAR 52.211-1 Availability of Specifications Listed in the GSA Index of Federal

Specifications, Standards and Commercial Item Descriptions, FPMR 101-29 B. FAR 52.216-1 Type Of Contract C. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work D. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction E. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials F. Buy American Exceptions G. FAR 52.233-2 Service of Protest H. FAR 52.252-1 Solicitation Provisions Incorporated by Reference I. GSAR 552.102 Incorporating Provisions and Clauses by Reference

V. Instructions to Offerors and Clauses

A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment (AUG 2019)

C. GSAR 552.204-70, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (DEVIATION I) (AUG 2019)

D. FAR 52.219-14 Limitations on Subcontracting E. FAR 52.219-18 Notice of Competition Limited to 8(a) Eligible Participants F. FAR 52.223-21, FOAMS (Jun 2016) G. FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 H. Security Requirements I. Additional Clauses

(i). GSAR Clause 552.211-10 Commencement, Prosecution and Completion of Work (Mar 2019) (ii). GSAR Clause 552.211-12, Liquidated Damages-Construction (Mar 2019) (iii). GSAR Clause 552.211-13, Time Extensions (Mar 2019) (iv). GSAR Clause 552.211-70, Substantial Completion (Mar 2019) (v). GSAR Clause 552.232-5, Payment Under Fixed Price Construction Contracts (Mar 2019) (vi). GSAR Clause 552.236-6, Superintendence by the Contractor (Mar 2019) (vii). GSAR Clause 552.236-11, Use and Possession Prior to Completion (Mar 2019) (viii). GSAR Clause 552.236-15, Schedules for Construction Contracts (Mar 2019) (ix). GSAR Clause 552.236-21, Specifications and Drawings for Construction (Mar 2019) (x). GSAR Clause 552.236-70, Authorities and Limitations (Mar 2019) (xi). GSAR Clause 552.236-71, Contractor Responsibilities (Mar 2019) (xii). GSAR Clause 552.236-72, Submittals (Mar 2019) (xiii). GSAR Clause 552.236-73, Subcontracts (Apr 1984) (xiv). GSAR Clause 552.243-71, Equitable Adjustments(Mar 2019) (xv). FAR 52.216-18 Ordering (xvi). FAR 52.216-19 Order Limitations

VI. Method Of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Reasonableness D. Unbalanced Price E. Non Price Factors F. Evaluation of Joint Ventures

Notice to Offerors of Total Small Business Set-Aside and Partial Set-Aside for / Section 8(a), HUBZone, Service-Disabled Veteran-Owned Small Business, and Women-Owned Small Business Concerns

The General Services Administration (GSA) is setting aside the contract under the following clause found in the Agreement:

52.219-6, Notice of Total Small Business Set Aside

52.219-3, Notice of HUBZone Set-Aside or Sole Source Award

52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program

52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns (Deviation)

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation is set-aside for Small Businesses and partially set-aside for 8(a) Small Businesses, HUBZone Small Businesses, Service-Disabled Veteran-Owned Small Businesses , and Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program, in accordance with FAR 19. This Solicitation sets forth requirements for proposals for a Contract for construction services as 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 Contracts to the selected Offerors, subject to the conditions set forth herein.

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

(3) The Offeror's proposal submitted in response to this Solicitation shall constitute a firm offer.

No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1442 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1442 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) The Solicitation

(2) Offeror Representations and Certifications Form

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

(4) The Agreement and Attachments to the Agreement

(5) Past Performance Questionnaire

(6) Project Details Questionnaire

(7) Past Experience Scorecard

(8) Past Performance Scorecard

(9) Frequently Asked Questions

I.C. Authorized Representatives

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

Authorized Representative Information:

Contracting Officer’s Information

Name: Krista Miller

Address: 50 United Nations Plaza, Room 3675

Telephone: 415-522-4157

Email: krista.miller@gsa.gov

I.H. Receipt of Offers

In order to be considered for award, offers conforming to the requirements of the Solicitation must be received no later than 12:00 pm local time on the following date and at the following address.

Date: July 1, 2020

Address: By email only to krista.miller@gsa.gov

II. Proposals

II.A. Proposal Contents

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

1. Price Proposal

2. Technical Proposal

3. Representations and Certifications

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

5. Evidence of Bonding Capacity

6. Joint Venture Agreement, if applicable

II.B. Proposal Format

The proposal shall be submitted electronically only. The price proposal shall be submitted in a separate document from the technical proposal.

II.C. Price Proposal

(1) Contents

The Price Proposal shall consist of the SF 1442 (with acknowledgment of all Amendments) and the Contract Price Form, with prices and/or rates indicated for each price element shown on the pricing form. The SF 1442 shall be signed by the Offeror.

The Standard Form 527, evidence of bonding capacity, and Representations and Certifications shall be submitted with the Price Proposal.

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.

The Offeror shall have a bonding capacity for performing construction work as a general contractor on a single project basis of at least $500,000 and an aggregate total of at least $5 million. Provide a notarized statement from a Treasury-approved surety of the Offeror’s minimum aggregate bonding capacity of $5,000,000 and the offeror’s minimum per-task order bonding capacity of $500,000. This bonding capacity is not a source selection evaluation criterion, but will be used solely to determine an Offeror’s responsibility. If this proof of bonding capacity is not submitted, the Offeror will be deemed not responsible and his/her proposal will not be evaluated or further considered for award.

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

Annual Representations and Certifications (FAR 52.204-8), using the attached Offeror’s Representations and Certifications (C301-SAT).

(2) Qualifications, Exclusions and Conditions

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

II.D. Technical Proposal

The Technical Proposal shall include the information requested below for the non-price factors.

(1) Cover Letter

Cover letter must identify the Offeror’s name and DUNS number, a single point of contact for all Solicitation correspondence, and the Zone(s) for which the Offeror would like to be considered for award.

https://www.sam.gov/

(2) Technical Factor 1: Past Experience: 100 points

This factor will evaluate the Offeror’s past experience on specific categories and sub-categories of experience, per the attachment, Past Experience Scorecard. Offerors must submit Past Experience - Project Details Questionnaires (PDQs) to demonstrate experience with the categories and sub-categories of past experience in the scorecard. Offerors may submit as many as six projects each for Tenant Improvement Projects and Facility Systems, and five projects each for High End/Specialized Architectural Finishes/Features, Design-Build, Federal Facility, and High Security Spaces. To score the most amount of points, the maximum allowed number of projects should be submitted. Projects may be used to demonstrate more than one past experience (sub-)category. As an example, a single PDQ could be submitted to demonstrate experience on a tenant improvement project with high-end features in a high security space.

The Offeror must also submit a completed Past Experience Scorecard, which accurately reflects the information submitted on the PDQs. The Government will verify that the scoring is accurate, and may re-score any Offeror’s scorecard if it is found to be inaccurate.

If more than the maximum number of projects is submitted for a (sub-)category, the additional projects will not be considered for that (sub-)category. For example, if six projects in a Federal Facility are submitted, only the first five will be considered for fulfilling that (sub-)category. The score card represents the maximum number of projects that will be considered for a (sub- )category. The same project will still be considered for fulfilling other (sub-)categories, if applicable, up to the maximum number of projects for the other (sub-)categories. Any past experience information submitted separately from the PDQ, such as on any other form or pages, will not be evaluated or considered. The projects included in the PDQs must have been substantially completed in the last seven years. There is no minimum or maximum dollar value required for the projects included on the PDQs. The dollar values of the project will not be evaluated, but may be considered in determining the total number of awards to make per Zone.

To be considered for a contract award in any of the four geographic Zones, at least one PDQ must be submitted for a project completed in that geographic Zone.

If the Offeror submits a PDQ that demonstrates experience in a (sub-)category, the Offeror will be awarded the full amount of points possible for that (sub-)category for that PDQ. If the Offeror does not submit a PDQ that demonstrates experience in a (sub-)category, the Offeror will receive no points for that (sub-)category. Partial points will not be assigned.

All proposal information is subject to verification by the Government. The Offeror is required to ensure all proposal information submitted is verifiable. If the GSA Source Selection Team detects apparently falsified information submitted in an Offeror’s proposal, the Government will end the proposal evaluation, and the Offeror will be removed from being considered for award.

Moreover, falsification of any proposal submission, documents, or statements may subject the Offeror to civil or criminal prosecution under Section 1001 of Title 18 of the United States Code.

(3) Technical Factor 2: Past Performance: 100 points

This factor considers the past performance of the Offeror. The Offeror shall submit references (a person or persons who may be contacted regarding the quality of the Offeror’s past performance) for comparable projects substantially completed within the last seven (7) years.

The Offeror must provide the name, title, company name, current address, current phone number, and current email address for each reference. The Past Performance Questionnaire

(PPQ), will be used to annotate contact and responses to verify information provided in relation to the Offeror’s past performance.

The Offeror must submit up to four (4) (PPQs) (included in the solicitation as an Attachment), completed by the applicable client. Completed PPQs should be submitted with the proposal.

Ensure correct phone numbers and email addresses are provided for the client point of contact.

Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the Offeror is unable to obtain a completed PPQ from a client for a project before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the project. If the client requests, the client may submit a questionnaire directly to the Government's point of contact, via email at krista.miller@gsa.gov prior to proposal closing date and time. Emails shall be titled, “[Offer Name] PPQ 47PK0120R0003.” Offerors may resubmit questionnaires previously submitted with other proposals or may obtain an updated/new PPQ from a client for any submission. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs.

Also include up to four (4) performance recognition documents received within the last seven (7) years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition. In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror's proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), previously submitted PPQ information, and any other known sources not provided by the Offeror. While the Government may elect to consider data from a variety of sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror. GSA will not maintain database of PPQs submitted by Offerors. The PPQs and performance recognition documents submitted do not have to be for the same projects submitted for Technical Factor 1: Past Experience, but they may be.

The Offeror must also submit a completed Past Performance Scorecard, which accurately reflects the information submitted on the PPQs and performance recognition documents. The Government will verify that the scoring is accurate, and may re-score any Offeror’s scorecard if it is found to be inaccurate.

Past performance will be scored according to the attachment, Past Performance Scorecard.

Each Past Performance Questionnaire (PPQ) will be assigned points depending on the ratings received on it, according to the following table:

Rating Points Assigned

All or Mostly “Exceptional” Ratings 20

All or Mostly “Good” Ratings 15

All or Mostly “Satisfactory” Ratings 10

All or Mostly “Marginal” Ratings 5

All or Mostly “Unsatisfactory” Ratings 0

If there is a tie, points will be awarded based on the highest rating of the tied ratings. For example, if a PPQ contains 5 Exceptionals and 5 Very Goods, 20 points will be assigned for that

PPQ.

For the performance recognition documents, 5 points will be assigned to each document (up to four) included in the proposal.

If more than four PPQs or performance recognition documents are submitted, only the first four of each will be evaluated and considered.

If an Offeror does not have a history of past performance, the proposal must explicitly state that, and the proposal will receive a neutral rating for past performance.

(4) Joint Venture documentation, if applicable.

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 and financial 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 relevant requests for clarifications or interpretations of the Solicitation Documents prior to the date set for receipt of offers, but does not warrant that all such requests will be answered. Questions are due June 3, 2020 at 12pm Pacific time by email only to krista.miller@gsa.gov. Answers to questions will be issued as an Amendment to the solicitation.

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. The government does not assume the duty to search for data to cure problems in proposals. The burden of providing thorough and complete information remains with the offeror.

III.G. Bond Requirements

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

III.H. Contractor Performance Information

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

mailto:krista.miller@gsa.gov http://www.sba.gov/

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

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 to 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 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 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 (AUG 98)

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

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

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

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

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

The Government contemplates award of Indefinite Delivery Indefinite Quantity contracts resulting from this solicitation.

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

(MAY 14)

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

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

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

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

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

(Applicable to solicitations resulting in construction contracts in excess of $10,000.)

(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 https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf 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: States of California, Nevada, Arizona, and Hawaii.

IV.E. 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 https://www.dol.gov/sites/dolgov/files/ofccp/ParticipationGoals.pdf https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273

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.

IV.F. Buy American Exceptions

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

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

(a) Protests, as defined in section 33.101 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.

https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169273 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057 https://www.acquisition.gov/far/current/html/FormsStandard62.html#wp1177057

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

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

Federal Acquisition Regulation

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English Language

APR 91

52.215-16 Facilities Capital Cost of Money JUN 03

52.236-28 Preparation of Proposals - Construction OCT 97

IV.I. GSAR Clause 552.102 Incorporating Provisions and Clauses

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

V. Instructions and Clauses

V.A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (Jan 2017)

(a) Definitions. As used in this provision.

“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

“In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

“Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

“Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) http://www.acquisition.gov/comp/far/index.html showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show.

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

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

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and.

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(v) Proposals may be withdrawn by written notice received at any time before award.

Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, https://www.acquisition.gov/far/html/52_215.html#wp1144511 if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225- 17, Evaluation of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall.

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed.in whole or in part.for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of.or in connection with.the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

https://www.acquisition.gov/far/html/52_223_226.html#wp1169636 https://www.acquisition.gov/far/html/52_223_226.html#wp1169636 https://www.acquisition.gov/far/html/Subpart%2015_3.html#wp1088919

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(i) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

V.B. FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

(a) Definitions. As used in this clause— Covered foreign country means The People’s

Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by

Hytera Communications Corporation, Hangzhou Hikvision Digital Technology

Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the

Director of National Intelligence or the Director of the Federal Bureau of

Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions

List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter

VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of

Federal…