VMO00246 - Solicitation Package - 20210924.pdf

CUI

ATTENTION

Use this space to indicate categories, limited dissemination controls, special instructions, points of contact, etc., if needed.

ATTENTION

All individuals handling this information are required to protect it from unauthorized disclosure.

Handling, storage, reproduction, and disposition of the attached document(s) must be in accordance with 32 CFR Part 2002 and applicable agency policy.

Access to and dissemination of Controlled Unclassified Information shall be allowed as necessary and permissible to any individual(s), organization(s), or grouping(s) of users, provided such access or dissemination is consistent with or in furtherance of a Lawful Government Purpose and in a manner consistent with applicable law, regulations, and Government-wide policies.

Standard Form 901 (11-18) Prescribed by GSA/ISOO | 32 CFR 2002

CUI

Construction Manager as Constructor (CMc) Contract for:

Whittaker Façade Replacement Prospectus

Charles E. Whittaker Federal Courthouse (Whittaker Courthouse) 400 E. 9th Street Kansas City, Missouri 64016

The Solicitation – Phase I

Solicitation No. 47PG0221R0026 Whittaker Façade Prospectus

Table of Contents

I. General Information A. The Solicitation and Contract B. List of Solicitation Documents C. Authorized Representatives D. Pre-Proposal Conference E. Magnitude of Construction F. FAR 52.236-27 Site Visit – Construction G. Receipt of Offers

II. Proposals

A. Proposal Contents B. Price Proposal C. Technical Proposal D. Other Information to be Submitted with Proposal E. Electronic Proposal Submission

III. General Provisions

A. Availability of Funds B. Requests for Clarification or Interpretation C. Notice to Small Business Firms D. Information Concerning the Disclosure of Solicitation Results E. Affirmative Procurement Program F. Notice Concerning Preparation of Proposals G. Bond Requirements H. Contractor Performance Information I. Safeguarding and Dissemination of Controlled Unclassified Information (CUI)

Building Information

J. INFORM 2.0

IV. FAR/GSAR Solicitation Provisions A. FAR 52.216-1 Type Of Contract B. FAR 52.222-5 Construction Wage Rate Requirements-Secondary Site of Work C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction D. FAR 52.225-10 Notice of Buy American Requirement-Construction Materials E. Buy American Exceptions F. FAR 52.233-2 Service of Protest G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference H. GSAR 552.102 Incorporating Provisions and Clauses by Reference I. Small Business Subcontracting Plan J. FAR 52.217-5 Evaluation of Options

V. Instructions to Offerors and Clauses

A. FAR 52.215-1 Instructions to Offerors – Competitive Acquisition B. FAR 52.244-5 Competition in Subcontracting C. Security Requirements

VI. Method Of Award A. Evaluation of Offers B. Determination of Responsibility C. Price Analysis and Price Realism D. Unbalanced Price E. Total Evaluated Price F. Non-Price Factors G. Negotiations H. Evaluation of Joint Venture Offerors

I. General Information

I.A. The Solicitation and Contract

(1) This Solicitation sets forth requirements for proposals for a Contract to provide Design Phase Services (Pre-Construction Phase) and the option(s) for Construction Services at a Guaranteed Maximum Price (GMP Option) for constructing the Project described in the Solicitation Documents. 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 signed a GSA 300 submitted by an Offeror and delivered to the Contractor a copy of the GSA 300 with original signatures together with the Agreement reflecting the Offeror's proposed prices.

(4) At the sole discretion of the Contracting Officer, the Phase 2 Request for Proposal (RFP) may provide for payment of a stipend to the unsuccessful Phase 2 offerors not selected for award of the resulting contract.

(a) In order to promote increased competition, the Government may pay a stipend not to exceed $30,000.00 to unsuccessful offerors, in consideration for preparation of a technically sufficient final proposal revision, otherwise meeting the requirements described herein.

(b) To be eligible for a stipend, the unsuccessful offeror’s final proposal revision must be rated acceptable in all technical evaluation criteria, essentially meeting this solicitation’s Government furnished criteria. At the discretion of the Contracting Officer, some insignificant, minor deficiencies, or weaknesses may be allowed as long as the overall proposal meets the requirements for acceptability. Additionally, to be eligible for the stipend, an unsuccessful offeror will be required to submit an invoice with a certification that its direct expenses to prepare the offer equaled or exceeded the amount being invoiced.

I.B. List of Solicitation Documents

The Solicitation Documents are comprised of:

(1) Solicitation for Whittaker Façade Prospectus including Attachments

(2) Solicitation and Offer Form

(3) CMc Representations and Certifications

(4) Bid Guarantee Standard Form 24

(5) Agreement for Whittaker Façade Prospectus

(6) Program of Requirements

(7) Construction Wage Rates

I.C. Authorized Representatives

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

I.C.1 Contracting Officer Name: Maria R. Doedtman

Address: 2300 Main Street, Kansas City, MO 64108 Telephone: 816-807-5871

Email: Maria.Doedtman@gsa.gov

I.C.2 Contracting Officer Representative

Name: Denton Nichols Address: 2300 Main Street, Kansas City, MO 64108

Telephone: 816-214-3080 Email: Denton.Nichols@gsa.gov

I.C.3 Contract Specialist

Name: Steven Steinkamp Address: 2300 Main Street, Kansas City, MO 64108

Telephone: 816-823-1605 Email: Steven.Steinkamp@gsa.gov

I.D. Pre-Proposal Conference

I.D.1 Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting will be allowed to attend. To request a reasonable accommodation due to a disability, contact the Contracting Officer.

Date: Tuesday, October 5, 2021 Time: 9:00 AM CST Location: meet.google.com/hub-zmnr-nbh

I.D.2 Contractors are to submit any questions generated during the site visit or review of documents in writing to the Contracting Officer Representative, Contracting Officer, and Contract Specialist identified in I.C above.

There will be two (2) rounds of questions. Round one questions are due before 3:00 PM Wednesday, October 13, 2021. Responses to round one questions will be assembled and disseminated to all interested contractors by close of business Friday, October 22, 2021.

Round two questions are due before 3:00 PM Monday, November 1, 2021. Responses to round two questions will be assembled and disseminated to all interested contractors by close of business Wednesday, November 10, 2021.

I.E. Magnitude of Construction

(1) The estimated price range for the Project is estimated to be between $30,000,000.00 and $50,000,000.00.

I.F. FAR 52.236-27 Site Visit – Construction

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

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

There will be four (4) Phase I walk-throughs on Wednesday, October 6 and Thursday, October 7 at 9:00 – 11:00 AM Central Daylight Time (CDT) and 1:00 – 3:00 PM CDT.

(3) Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror due to COVID restrictions*. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit.

COVID restrictions at the time of solicitation require all visitors to wear a mask at all times in Whittaker Federal Courthouse regardless of vaccination status.

Please contact the Contracting Officer for further information about the site visit or to sign up for one of the four tours:

Name: Maria R Doedtman Address: 2300 Main St, Kansas City, MO 64108 Telephone: 816-807-5871 Email: maria.doedtman@gsa.gov

I.G. Receipt of Offers

Please send an electronic version via email of your VMO00246 Phase I Technical Proposal to the email address below. In order to be considered for award, offers conforming to the requirements of the Solicitation must be received by Monday, November 22, 2021 by 3:00 PM Central Standard Time. Send your proposal through the email to Maria Doedtman, maria.doedtman@gsa.gov.

To prevent proposals from going to GSA spam folders, contractors are prohibited from submitting proposals as compressed file attachments (namely .exe files). Instead, when a proposal exceeds the maximum file size of 25 MB, the contractor is advised to divide the proposal into smaller attachments. The contractor is advised to send the smaller attachments in as few emails as practicable. In such a case, the subject line of the email must be numbered accordingly (e.g. email 1 of 3, email 2 of 3, etc.) to alert the CO of how many emails to anticipate from that contractor.

II. Proposals

II.A. Proposal Contents

Proposals shall consist of the following documents, completed, and executed in accordance with this Solicitation for Phase 1:

1. Solicitation and Offer Form, price need not be included

2. Technical Proposal

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

Proposals shall consist of the following documents, completed, and executed in accordance with this Solicitation for Phase 2:

1. Price Proposal Form

2. Solicitation and Offer Form

3. Representations and Certifications

4. Bid Guarantee, using Standard Form 24

5. Technical Proposal

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

7. Subcontracting Plan (for large businesses selected for Phase 2 proposals)

Please package the Technical Proposal by itself for each phase; all other requirements may be attached to the Price Proposal.

II.B. Price Proposal

(1) Contents

The Price Proposal shall consist of the fully executed Solicitation and Offer Form and the Price Form from this Contract Agreement with prices and/or rates indicated for each price element shown.

Note: Unless otherwise stated, only the Solicitation and Offer Form and the Price Proposal Form from Section II of this Contract Agreement, are to be submitted by the contractor as its Price Proposal.

(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 in its entirety and exclude the Offeror from further discussions.

II.C. Technical Proposal

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

PHASE 1 - Technical Evaluation Factors (30% of overall total score)

1. Relevant Past Experience (40% Weight)

2. Mgmt. Approach (35% Weight)

3. Relevant Past Performance (25% Weight)

PHASE 2 - Technical Evaluation Factors (70% of overall total score)

1. Project Management Plan (25% Weight)

2. Key Personnel (20% Weight)

3. Risk Assessment and Value Management (20% Weight)

4. Oral Interviews (15% Weight)

5. Project Schedule (10% Weight)

6. Small Business Industry Day (5% Weight)

7. Subcontracting Plan (5% Weight)

II.D. Other Information to Submit with Proposal

(1) Representations and Certifications

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

(2) Qualifications of Offerors

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

(3) Disclosure of Accounting Practices

The Offeror must submit all disclosures in accordance with FAR 52.230-1, Cost Accounting Standards Notice and Certifications and FAR 52.230-7, Proposal Disclosure – Cost Accounting Practice Changes.

(4) Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is required to be submitted with offers from large businesses selected for Phase 2 proposals.

II.E Electronic Proposal Submission

II.E.1 Proposals are required to be submitted in electronic format through a flash drive.

II.E.2 All files will be in PDF format unless otherwise noted. Files shall not be compressed or placed in ZIP directories. Files shall be named using the following naming convention:

<Company Name><File Name>.pdf

Examples: 123 Construction Co Price Proposal.pdf

123 Construction Co Technical Proposal.pdf

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 proposals, but do not warrant that all such requests will be answered within 15 calendar days. Prospective Offerors should make such requests not less than 15 calendar days prior to the date set for receipt of offers.

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

The Contract contemplated by this Solicitation provides for a Guaranteed Maximum Price (GMP) with CMc Contingency Allowance (CCA) and determines the contractor's compensation in a manner significantly different from a firm-fixed-price contract.

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 a proposal have been properly filled out, that all pricing and other numerical data is accurately calculated, and that all copies of the proposal contain the same information.

III.G. Bond Requirements

A bid guarantee is required to be submitted ninety (90) calendar days prior to the exercise of the Construction Option. The option award will require performance and payment bonds as specified in the Agreement. Proposers who utilize individual sureties should note the requirement for a certified, audited, financial statement for each person acting as an individual surety under clause FAR 52.228-1 Bid Guarantee and the requirements of clause FAR 52.228- 11 Pledge of Assets.

III.H. Contractor Performance Information

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

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is Contractor Performance Assessment. Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

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

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

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

(4) Contractor Representative (CR) Role: All evaluations will be sent 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 and Dissemination of Controlled Unclassified Information (CUI) Building Information

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

III.J INFORM 2.0

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

Process

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

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

B. Detailed Description of the INFORM 2.0 Process

B.1. Component 1 - Notification of Award

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

● All information required by statute or regulation;

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

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

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

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

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

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

● take no further action.

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

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

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

● Primary point of contact;

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

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

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

B.3. Component 3 - Oral Feedback Meeting

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

● Reasonable responses to written questions submitted by the offeror;

● Explanations for the evaluation conclusions and contract award decisions;

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

● Reasonable responses to additional questions raised during the meeting;

● Additional transparency into the underlying competition process; and,

● A greater understanding of the evaluation and award process.

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

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

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

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

IV. FAR/GSAR Solicitation Provisions

IV.A. FAR 52.216-1 Type of Contract

The Government contemplates award of a Construction Manager as Constructor (CMc) Guaranteed Maximum Price with Construction Contingency Allowance and Shared Savings and will be converted to a Firm Fixed Price (FFP) contract resulting from this solicitation.

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

(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.C. FAR 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction

(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

12.7% 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: Missouri, Jackson County, Kansas City.

IV.D. FAR 52.225-10 Notice of Buy American Requirement—Construction Materials.

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

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

(c) Evaluation of offers.

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

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

(d) Alternate offers.

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

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

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

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

(ii) May be accepted if revised during negotiations.

IV.E. Buy American Exceptions

For the purpose of determining Buy American requirements set forth in the Buy American Provision of this Solicitation, the following construction materials and components are excepted:

None.

IV.F. FAR 52.233-2 Service of Protest

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

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

IV.G. FAR 52.252-1 Solicitation Provisions Incorporated by Reference

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

Federal Acquisition Regulation

NUMBER TITLE DATE

52.214-34 Submission of Offers in the English

Language

APR 91

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

OCT 14

52.236-28 Preparation of Proposals - Construction OCT 97

IV.H. GSAR Clause 552.102 Incorporating Provisions and Clauses by Reference

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

IV.I. Small Business Subcontracting Plan

A Small Business Subcontracting Plan, as required under FAR 52.219-9, is required to be submitted with offers.

IV.J. FAR 52.217-5 Evaluation of Options

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

V. Instructions and Clauses

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

(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) 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, 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.

(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 52.244-5, Competition in Subcontracting

(a) The Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract.

(b) If the Contractor is an approved mentor under the Department of Defense Pilot Mentor- Protégé Program (Pub. L. 101-510, section 831 as amended), the Contractor may award subcontracts under this contract on a noncompetitive basis to its protégés.

V.C. Security Requirements

(a) Except as described in Section 9 (MV 19-04), the CO shall incorporate the applicable sections or complete version of the following policies in the Statement of Work, or equivalent, for any procurement that may involve GSA information systems.

(i) CIO 09-48, IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements. The CO shall use CIO 09-48 in new contracts in lieu of both of the following:

(A) GSAR Provision 552.239-70 (Information Technology Security Plan and Security Authorization)

(B) GSAR Clause 552.239-71 (Security Requirements for Unclassified Information Technology Resources)

(ii) CIO 12-2018, IT Policy Requirements Guide.

(b) The CO shall coordinate with GSA IT when developing a Statement of Work, or equivalent and identify when these policies apply in the Security Considerations section of the acquisition plan. COs can contact vmo@gsa.gov to identify the GSA IT representative for requirements development coordination and acquisition plan approval. All applicable pre-award solicitations shall be submitted to IS-Contracts-Review@gsa.gov for GSA IT review and approval.

(c) For any procurements that may involve access to classified information or a classified information system, see GSAM 504.4 for additional requirements.

VI. Method of Award

VI.A. Evaluation of Offers

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

PHASE 1 - Technical Evaluation Factors (30% of overall total score)

1. Relevant Past Experience (40% Weight)

2. Mgmt. Approach (35% Weight)

3. Relevant Past Performance (25% Weight)

PHASE 2 - Technical Evaluation Factors (70% of overall total score)

1. Project Management Plan (25% Weight)

2. Key Personnel (20% Weight)

3. Risk Assessment and Value Management (20% Weight)

4. Oral Interview (15% Weight)

5. Project Schedule (10% Weight)

6. Small Business Industry Day (5% Weight)

7. Subcontracting Plan (5% Weight)

(2) Non-Price Factors, when combined, are significantly more important than Total Evaluated Price.

(3) The “best value” method will be used for selecting the contractors. The best value concept is a method of evaluating price and other factors specified in the solicitation with the goal being to select the proposals that offer the best value to the Government.

(4) Each proposal shall be evaluated against the evaluation standards. Following the evaluation, an assessment of all proposals received will be made to determine which offeror represents the best value to the Government.

(5) The Government intends to award one contract to the responsible offeror whose offer conforms to the solicitation and is most advantageous offer to the Government. GSA will consider technical and price factors from the responsible offer for the best value method.

VI.B. Determination of Responsibility

In order to be considered responsible, an Offeror must demonstrate that it meets the requirements of FAR 9.104-1.