RECOVERY: PRE-SOLICITATION NOTICE FOR CONSTRUCTION EXCELLENCE FOR THE Dr. A. H. MCCOY FEDERAL BUILDING, JACKSON, MISSISSIPPI

NOTICE

DETERMINATION of COMPETITIVE RANGE

A competitive range has been determined.  All Offerors determined to be in the competitive range have been notified of their status.  The Government has elected to hold discussions with those Offerors determined in the competitive range. After discussions Offerors determined to still be in the competitive range will be afforded an opportunity to submit revised proposals.  Revised proposals are due on Monday, June 22, 2009 at 2:00PM EST to the Primary Point of Contact at the Place of Contract Performance.

Amendment 6

The Request for Proposal under Solicitation Number GS-04P-09-EX-C-0076 hereby amended as follows:

 Questions and clarifications to this solicitation are no longer accepted.

 CLARIFICATIONS TO QUESTIONS

 QUESTION 1 . Please explain what is meant by commission.  Is it different than overhead and profit?

 Answer to Question 1

                  DESIGN PHASE SERVICES:

Overhead - Overhead expenses typically are costs on the income statement except for direct labor and direct materials.

Profit - Profit typically is considered the total dollar amount paid to a contractor for performance over and above allowable costs (Federal Acquisition Institute's Cost Analysis Guide).

Commission - Commission is a fee that is typically paid to contractors for work that is performed under subcontract and completed by forces other than the contractor's own.

CONSTRUCTION PHASE SERVICES:

Overhead - Overhead expenses typically are costs on the income statement except for direct labor and direct materials.

Profit - Profit typically is considered the total dollar amount paid to a contractor for performance over and above allowable costs (Federal Acquisition Institute's Cost Analysis Guide).

Commission - Commission is a fee that is typically paid to contractors for work that is performed under subcontract and completed by forces other than the contractor's own.

QUESTION 2

Subfactor 2c requests we address the way our firm handles construction claims/litigation and to provide information on any claims within the last ten years.  This is a single corporation-wide answer, not specific to the projects submitted in 2a.  Please confirm. 

Answer to Questions 2

This is an opportunity to show how as a General Contractor the firm has preferred  to handle disputes

QUESTION 3

 Is there a minimum or maximum "self performed work" percentage on the Project?  If so, that is (are) the percentages?

Answer to Question 3

Per FAR 52-219-14 the prime contractor must self perform at least 15% of the construction work.  "Percent of self-performed work" is calculated by dividing the above defined cost of "self-performed work" by the "total cost of the contract" and multiplying the result by 100

QUESTION 4

If there is a "self performed work" percentage required, what is the GSA definition of what can be considered "self performed work"?

Answer to Question 4

"Self-performed work" generally includes costs for: mobilization and utilization of owned or rented plant and equipment to be operated by the contractor's own employees and labor associated with the aforementioned equipment; contractor's own labor to fabricate or to install materials into the finished construction; performance by the contractor's own employees of design work, land surveys and other engineering or technical specialist services required by the contract; supplies to directly support the aforementioned work to be accomplished by the contractor's own employees; and the contractor's own job overhead costs. Contractor markups for profit, general and administrative overhead, bonds, or other indirect costs on "self-performed" or subcontracted work are not "self-performed work" and are to be excluded from "total cost of the contract" for calculation purposes. Rental of plant or equipment for operation by subcontractors is not "self-performed work" but shall be included in the "total cost of the contract" for calculation purposes . Cost of materials to be incorporated into the work and supplies to support other than construction by the contractor's own employees are excluded from the above definition. Do not include these costs in the calculation.

QUESTION 5

I understand the design costs will be part of the $60 million budget.  How much will the design costs be?  (This tells us approximately how much money will be available for the actual construction.)

Answer to Question 5

The $60 million includes the cost for design phase and construction phase.

QUESTION 6

Describe the management/reporting relationships between the GSA and CM, A/E, and CMc?

Answer to Question 6

GSA is the owner, and all parties are agents to GSA.

QUESTION 7

Can you confirm the amount of Liquidated damages for substational completion and final completion?

QUESTION 8

The response should state "that damages will be assessed in the amount of actual damages the Government incurs for late delivery but will not be less more than $4,300.00 per calendar day."  This would be consistent with what is stated in Part 1, Paragraph 2.8.1 of the Request For Proposal.

QUESTION 9

In the event of a delay, could the actual damages exceed the liquidated damages of $4,300.00 per calendar day?  Is so, what is the actual dollar amount of the liquidated damages that will be assessed for late delivery of this project beyond the contract completion date?

Answer to Questions 7, 8, and 9

Liquidated damages will be assessed in the amount of actual damages the Government incurs for late delivery, but will not be MORE than $4,300.00 per calendar day.

QUESTION 10

We want to understand what GSA wants to accomplish with the bid bond as our bonding company will ask us specifically.  If it is to get assurance of bondability, would not a letter from them indicating our capacity suffice?

 Answer to Question 10

The function of a bid bond is to provide the government with a financially responsible party who will pay all or a portion of the damages caused if the bidder to whom a contract is awarded refuses to enter into it.

QUESTION 11

If the $3M bid bond is required, then under what circumstances could the bond be called upon?

Answer to Question 11

If the CMc defaults, the Government (GSA) can call on the bid bond.  The bid bond insures that the all costs incurred by the Government associated with the default are paid.

QUESTION 12

Would you like us to insert the Bid Bond within our bound submittal, or should we put this in a separate envelope, labeled accordingly?

Answer to Question 12

Place the bid bond in the envelope with the cost proposal and label accordingly.

QUESTION 13

The requirement for a past performance/experience projects (Factors 1 and 2) to be "completed" means they have to be completed by the end of calendar year 2009.  Is that true?

 Answer to Question 13

‘Complete' is defined as being substantially complete on or before June 15, 2009.  Substantially complete generally occurs when the owner is able to use the project for the purpose intended.

QUESTION 14

Can the requirement for the establishment of a GMP be postponed until the design phase services and the actual design are completed and then be offered to the Government as a GMP for acceptance or rejection? 

QUESTION 15

Can Price Item B-2 on the Attachment B be made an Owner Established Allowance at this stage, to be adjusted to an actual GMP amount once the design is completed? 

Answer to Question 14 and  15

Postponing the GMP is not possible, the GMP established by the Gov't represents all of the funds budgeted for the Construction.  The intent is for the CMc to keep the Design within this amount (Design Phase Services) such that GSA could award the construction.

QUESTION 16

We would like to request an extension of the due date to June 22, 2009.

Answer to Question 16

Due to the aggressive time frame for this project, an extension cannot be granted.

QUESTION 17

Will the interviews be conducted the week of June 15?  Have the exact days and times been determined?  Will the GSA conduct a formal interview structure that we need to be made aware of?  Are there limitations on time for setup, presentation, questions & answers, etc?  Will we have access to audio/visual equipment or should we bring our own?

Answer to Question 17

All Offerors should be prepared to provide interviews as part of their Stage 2 submittal.  However, only Offerors determined to be in the competitive range will be requested for an interview.   All Offerors will be notified in writing whether they are in the competitive range prior to interviews. 

ON THE PROPOSAL COVER LETTER, PROVIDE CONTACT INFORMATION (Name, Mailing Address, Electronic Mail Address, Office Phone, Cell Phone and Fax Number) FOR TWO PEOPLE WITHIN THE COMPANY THAT CAN RECEIVE SUCH NOTIFICATION. 

The interviews will be held on the 18th floor of the Peachtree Summit Federal Building, 401 West Peachtree Street, NW, Atlanta, GA, 30308, on June 17, 18 or 19, 2009.  The purpose of the interviews is to augment the written submittals and to provide an opportunity for dialogue among the parties.  The dialogue will follow the criteria as set forth in the FAR sections 15.102 and 15.306.  The Offerors shall clarify through the interview process their responses to the evaluation factors as specified in the RFP.  The presentation shall address both Design Phase Services and Construction Phase Work.  The interview will be conducted in a on the spot question type format.  The GSA is not specially interested in a PowerPoint type presentation.  Questions will not be available prior to the interview session.

The Offerors shall be required to include the following personnel in the oral presentations:

Corporate Construction Executive or Project Coordinator

Project Manager - Design Phase Services

Project Manager - Construction Phase Work

Construction Superintendent

Other staff as necessary to address Design Phase Services including cost estimating, design reviews and quality control

Each interview shall be limited to 60 minutes unless agreed upon by the Offeror and the Government at that time.  Discussions will be permitted during interviews in accordance with FAR section 15.306(d)(3).

Clarification on the number of amendments:  With the exception of this amendment, there have been five (5) amendment issued as follows:

Amendment # 1 - Issued May 1, 2009, - Clarifications

Amendment # 2 - Issued May 15, 2009 - "Notice Update" Stage 1 Viability

Amendment # 3 - Issued May 19, 2009 - Building Information Modeling

Amendment # 4 - Issued May 21, 2009 - Clarification to Questions

Amendment # 5 - Issued June 1, 2009 - Clarification to Questions

Please be sure to acknowledge all amendments in block 19 of the Standard Form 1442.

Proposals are due no later than Monday, June 15, 2009, 2:00 PM Eastern Standard Time to Leslie Smalls,  Contracting Officer, General Services Administration, Public Building Services, Acquisition Services Division, 401 West Peachtree Street, NW, Suite 2500, Atlanta, Georgia 30308. 

End of Amendment 6

Amendment 5

The Request for Proposal under Solicitation Number GS-04P-09-EX-C-0076 hereby amended as follows:

See Attachment labled Amendment 5

  Amentment # 4

The Request for Proposal under Solicitation Number GS-04P-09-EX-C-0076 is hereby amended as follows:

Proposals are due no later than Monday, June 15, 2009, 2:00 PM Eastern Standard Time to Leslie M. Smalls, Contracting Officer, General Services Administration, Public Building Services, Acquisition Services Division, 401 West Peachtree Street, NW, Suite 2500, Atlanta, Georgia 30308. 

CLARIFICATIONS TO QUESTIONS

Question 1. What is the correct number of copies the GSA would like submitted?  "Proposals shall consist of two physically separate volumes, individually titled and numbered.  Offerors shall submit one original and five copies of each volume. The proposal package shall be comprised of two sealed envelopes; one envelope, to be marked "PRICE PROPOSAL RFP GS-04P-09-EX-C-0076", shall contain sets of an original and two copies of the price proposal described below. The other envelope, to be marked "TECHNICAL PROPOSAL RFP GS-04P-09-EX-C-0076", shall contain sets of one original and three copies of the technical proposal described below. Both of these envelopes shall be sealed in a third envelope/container which shall be marked "PROPOSAL RFP GS-04P-09-EX-C-0076.

Answer to Question 1.  Proposals shall consist of two physically separate volumes, individually titled and numbered.  The proposal package shall be comprised of two sealed envelopes; one envelope, to be marked "PRICE PROPOSAL RFP GS-04P-09-EX-C-0076", shall contain sets of ONE original and TWO copies of the price proposal described below. The other envelope, to be marked "TECHNICAL PROPOSAL RFP GS-04P-09-EX-C-0076", shall contain sets of ONE original and FIVE copies of the technical proposal described below. Both of these envelopes shall be sealed in a third envelope/container which shall be marked "PROPOSAL RFP GS-04P-09-EX-C-0076.

Question 2. Please advise as to which portions of the 1442 and the Supplemental Form 1442 are to be filled out with our submittal, i.e, are we to fill out the design phase services pricing with our proposal and complete the construction phase portion at the end of the preconstruction phase?

Question 3. Since this is a design phase selection and we do not have the ability to get to a GMP; I believe we should only complete item 1 on Attachment B- supplemental to Standard form 1442. Please advise.

Question 4. Attachment B states in item / box 3 that 1A and 2D are to be included on the standard form 1442, block17. It will not be possible to get to a GMP without drawings and without going to the local sub market. Since item 2 in the attachment is optional, should not the total offered price just be for the design phase services?

Question 5. Reference is made to Part 4 - Submission Requirements, Paragraph 5 - Price Evaluation.  This paragraph states that the Standard Form 1442 (Attachment B) will be evaluated considering the following: (a) The Total Price is the cost of construction and all other costs associated with providing the service required in the RFP; and (b) Location and amount of General Conditions.

Answer to Questions 2, 3, 4, 5.  All portions of Standard Form 1442 and the Supplement to Form 1442 must be completed in their entirety.  The Guaranteed Maximum Price for this project is $60,000,000.

Question 6.Please advise how to get a list of bidders for the general construction.

Answer to Question 6.  The list of Offerors will be made available after the contract is awarded.

Question 7. Is the pre-bid meeting open to subcontractors?

Answer to Question 7.  Yes, the Pre-Proposal Conference is open to subcontractors and suppliers.  However, seating preference is given to prime contractors in attendance and the site visit is only open to prime contractors.   

Question 8.Refer to Part 4 SUBMISSION REQUIREMENTS, paragraph 9.2 Description.  Do tenant improvement projects meet the definition of modernization as defined in the paragraph "Description of "Similar" projects"?

Answer to Question 8.  You may submit any projects that you deem to be similar per the requirements that are outlined in the presolicitation notice

Question 9. Refer to Part 4 SUBMISSION REQUIREMENTS, paragraph 9.2 Factor 1.  Are responses to Factor 1, paragraphs b. through e. to be provided as project specific response for each project provided in response to Factor 1, paragraph a.?  Or are we to provide a separate narrative addressing those items in specific, but more universal terms?

Question 10. Factor 1 - Past Performance in Providing Design Services: Subfactor a asks for project experience sheets, are subfactors b through e supposed to be included on the individual project sheets requested in subfactor a or are they a general experience statements separate from the projects?

Answer to Questions 9 and 10.   Subfactors b through e must be included on the individual project sheets requested in subfactor a.

Question 11. Refer to Part 4 SUBMISSION REQUIREMENTS, paragraph 9.2 Factor 2.  Are responses to Factor 2, paragraphs b. through d. to be provided as project specific response for each project provided in response to Factor 2, paragraph a.?  Or are we to provide a separate narrative addressing those items in specific but more universal terms?

Question 12. Factor 2  Past Performance in Providing Construction Phase Services:  Subfactor a asks for project experience sheets, are subfactors b through d supposed to be included on the individual project sheets requested in subfactor a or are they a general experience statements separate from the projects?

Answer to Questions 11 and 12.   Subfactors b through d must be included on the individual project sheets requested in subfactor a.

Question 13. Refer to Part 4 SUBMISSION REQUIREMENTS, paragraph 9.2 Factor 3.  Please provide Questionnaire for Key personnel references as we were unable to find Figure 1.

Question 14.  Factor 3, Qualifications and experience of key personnel:  Subfactor c asks for references to complete the Questionnaire in Figure 1 for Key Personnel.  There is no Figure 1 in the RFP, are you referring to the Past Performance Questionnaire or is there a separate form?  

Answer to Questions 13 and 14.  Use "Past Performance Questionnaire" provided in the RFP for Key Personnel references.  It offers that "If this form is being used to offer insight into key personnel then answer each question by evaluating the individual rather than the company."  Omit all RFP language referencing Figure 1.

Question 15. Do you want the questionnaire filled out for all of Key Personnel's projects on their resume in addition to the projects used in Factors 1 and 2 or do you just want PPQs for projects in Factors 1 and 2, but the PM and Superintendent had to have worked on at least one of those projects?   "c. Have references complete the Questionnaire in Figure 1 for Key Personnel. For the Project Manager and the General Superintendent, one of the three references must be from the project(s) provided in response to Factor 2a and sent to GSA in accordance with the Instructions for Questionnaire."

Answer to Question 15.  A minimum of one reference is requested for each Key Personnel submitted in response to the RFP.  Other personnel may be submitted in response to the RFP that may not be considered "Key" and therefore references are not required for those personnel.  The Project Manager must have (at a minimum) one reference from one project provided in response to Factor 1a and one reference from one project provided in response to Factor 2a.  The General Superintendent must have (at a minimum) one reference from one project provided in response to Factor 1a and one reference from one project provided in response to Factor 2a. 

Question 16.   Refer to Part 4 SUBMISSION REQUIREMENTS, paragraph 9.2 Factor 4.  Paragraphs f. and g. require submission of the QC Plan and the Safety Plan.  As we are limited to 50 pages and copies of our full QC and Safety Plans would cause us to exceed the page limitation, are outlines of the plans acceptable?  Or should we include as attachments that are excluded from the page limitation?

Answer to Question 16. Outlines and/or narratives are acceptable, and such information must adhere to page limitation requirements.

Question 17. Refer to Part 4 SUBMISSION REQUIREMENTS, paragraph 5.  The paragraph states, "Location and amount of the General Conditions, whether placed in one or more Divisions, must be indicated on SF 1442."  We do not find where or how we are to provide this on the SF 1442 or the Supplement to the SF 1442.  Please clarify.

Answer to Question 17.  Replace "Location and amount of the General Conditions, whether placed in one or more Divisions, must be indicated on SF 1442" with "The amount of the General Conditions must be indicated on the Supplement to Standard Form 1442."

Question 18. Refer to SF 1442, block 13.b.  An offer guarantee is required.  Please confirm that we are to provide a bid guarantee with the Price Proposal.  Also, address if the guarantee is only to cover the amount of the intended contract work for the design phase services, Item 1.A of the Supplement to SF 1442 or the Total Offered Price, Item 3 of the Supplement to SF 1442.

Answer to Question 18.  In accordance with FAR clause 52.228-1 I - Bid Guarantee (Sep 1996), a Bid Guarantee is required for 20 percent of the bid price or $3,000,000 whichever is less. 

Question 19. Are large businesses required to submit a Small Business Subcontracting Plan with the Technical or Price Proposal Refer to SF 1442, block 13.b

Answer to Question 19.  Large businesses are NOT required to submit a Small Business Subcontracting Plan with the Technical or Price Proposal.  However, large businesses are required to provide a statement of their intent to submit a Small Business Subcontracting Plan.

Question 20. Will photography be allowed (during the Pre-Proposal Conference and site visit) inside the existing building?

Answer to Question 20.  Photography will NOT be allowed during the Pre-Proposal Conference and site visit.

Question 21. Please advise how to get the bidding documents for the above project.

Answer to Question 21.  Traditional bidding documents are not available.  Design has not been completed on the project.

Question 22.  1.3.2          Project Schedule Development and Maintenance - The GSA overall project schedule is provided in the Schedule section of these General Requirements.  The CM will develop and maintain, in Microsoft Project®, an integrated master project schedule throughout the course of the project. 

4.2.11.1. Timelines

With each schedule update, the Contractor shall provide a critical path method (CPM) or timeline graphic representation of delivery actions, sourced from a Windows compatible management/scheduling program, such as Primavera Project Planner Ver. 3 or equivalent. 

Would GSA prefer schedules to be created and maintained in Microsoft Project or in Primavera Project Planner?

Answer 22. The requirements under Paragraph 1.3.2 define requirements for the Construction Manager as Agent with regard to developing a master schedule for the project for GSA.

The requirements in Paragraph 4.2.11.1 define the CMc's schedule requirements for the construction phase.

Schedules will be primarily created and maintained in MS Project during the design phase with CPM schedules being primarily used during the construction phase.

ATTACHMENT A

Attachment 1 is hereby changed to read as follows:

Construction Manager as Constructor (CMc)

Guaranteed Maximum Price with Construction Contingency Allowance and Optional Shared Savings

(a)        General.  There are two components of work to be performed under this Contract:  Design Phase Services and Construction Phase Work.  The Construction Phase Work is an option.  The Contractor shall complete the Design Phase Services for the firm fixed price set forth in the Contract Price Schedule, such services to be directed toward completion of the design and establishment of an Estimated Cost of the Work (ECW) and a Construction Contingency Allowance (CCA).  The CCA shall be a percentage (as specified elsewhere in this Contract) of the ECW established in connection with the Design Phase Services.  If the sum of the ECW, CCA and Fee is greater than the GMP, the Fee shall be adjusted to reduce that sum to the GMP.  If the sum of the ECW, CCA and Fee is less than the GMP, the GMP shall be adjusted to that sum.  If the Government exercises the Option for the Construction Phase Work, the Contractor shall complete the Construction Phase Work.  In consideration for the completion of the Construction Phase Work, the Contractor shall be entitled to the Cost of Performance not to exceed the GMP.  If the Cost of Performance is less than the GMP, the Contractor additionally shall be entitled to the specified percentage, if any, of the difference between the Cost of Performance and the GMP, as shared savings.  If the Cost of Performance is equal to or greater than the GMP, the Contractor shall not be entitled to additional compensation exceeding the GMP.

(b)        Definitions.  The following definitions shall apply to this clause:

1.         "Construction Contingency Allowance" (CCA) is the component of the GMP intended to cover Construction Contingency Costs.

2.         "Construction Contingency Costs" means Costs incurred by the Contractor in the performance of the Construction Phase Work in excess of the ECW.

3.         "Construction Phase Work" means all construction and services required by and incidental to the Contract for the construction of the project described by the plans, specifications and other provisions incorporated into this Contract, excluding Design Phase Services.

4.         "Cost of Performance" means the final sum of Cost of the Work and Fee.

5.         "Cost of the Work" means the Costs actually incurred by the Contractor in the performance of the Construction Phase Work.

6.         "Costs" means allowable direct costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this Contract; marked up costs paid to subcontractors shall be deemed direct costs of the Contractor.

7.         "Design Phase Services" means the design phase construction management services, constructability reviews and other related services as described in the scope of work.

8.         "Estimated Cost of the Work" (ECW) means the Cost of the Work agreed upon by the Contractor and the Contracting Officer for the Construction Phase Work.

9.         "Fee" means the fixed amount established in the Contract for all of the Contractor's indirect costs and profit for the Construction Phase Work to be included in the determination of the GMP.

10.        "Guaranteed Maximum Price" (GMP) means the fixed amount established in the Contract limiting the Government's obligation to pay for the performance of the Construction Phase Work.

(c)        Adjustment of ECW and GMP. 
  After award of the Construction Phase Work Option, the ECW shall be subject to adjustment for changes and any other conditions giving rise to entitlement to an adjustment under this Contract.   The GMP shall not be subject to a like adjustment, except to the extent that:

1.         The Contractor is entitled to an adjustment under a Contract clause other than the Changes clause;

2.         The Contracting Officer directs a change to the Construction Phase Work not related to the existence of design errors, omissions, or constructability issues, and characterization of such direction as a change is not predicated upon the existence of such issues;

3.         Construction Contingency Costs attributable to Changes other than Changes described in subparagraph (c)2. cumulatively exceed the CCA established at award of the Construction Phase Option; or

4.         The ECW is adjusted to account for deletion of work, and the adjusted ECW is less than the ECW established at the time of award of the Construction Phase Work Option.   

(d)        Conditions for Exercise of the Construction Phase Work Option.  The Government is under no obligation to exercise the Construction Phase Work Option.  The Construction Phase Work Option may be exercised upon acceptable completion of the Design Phase Services and establishment of the ECW.  The Government may exercise the Construction Phase Work Option within 120 days of the establishment of the ECW.  In the event that the Government decides not to award the Construction Phase Work Option to the Contractor, for whatever reason, the Government may restrict the subsequent competition to those offerors (excluding the Contractor as an offeror or teamed with any other offeror) that submitted best and final offers in response to the original procurement.  In the follow-on procurement, the Government may use, incorporate and/or make available any information, documents, and/or concepts derived, submitted or otherwise provided to the Government by the Contractor in connection with the Design Phase Services. 

(e)        Conversion to a Firm-Fixed-Price Contract Prior to Final Settlement.  At any time prior to final settlement, the Contracting Officer may request that the Contractor provide a firm fixed price proposal for the Construction Phase Work.  The price shall include all markups including profit.  Within 60 calendar days, the Contractor shall provide such a proposal.  Within 60 calendar days of receipt of the proposal, the Contracting Officer shall have the right to convert the Contract to a firm fixed price contract at the offered price or as otherwise negotiated by the parties to this Contract, so long as such price is less than or equal to the GMP.  If the parties to this Contract negotiate and establish a firm fixed price prior to the exercise of the Construction Phase Work Option, then the Contracting Officer shall have the right, but not the obligation, to exercise the firm fixed price option within 120 calendar days of the establishment of that price.  If the Contract is not converted to firm-fixed-price contract, then the Final Settlement of the Contractor's compensation shall be determined in accordance with paragraph (f).

(f)         Determination of Final Settlement.

1.         Proposal for the Cost of the Work.  The Contractor shall submit a Final Settlement Proposal within 120 days of substantial completion, to determine the Cost of the Work.  That proposal shall consist of:

A.         A detailed statement of all Costs incurred by the Contractor in performing the Construction Phase Work;

B.         A firm fixed price proposal for the performance of the remaining work, if any, that may be necessary to complete performance of all work required under the Contract;

C.         A list of inventory retained by the Contractor and its residual value;

D.         An executed Release of Claims, which must describe any and all exceptions, including a description of any outstanding claims; and

E.         Any other relevant data that the Contracting Officer may reasonably require.

2.         Determination of the Cost of the Work.  The Cost of the Work shall be the sum of all Costs incurred by the Contractor in performing the Construction Phase Work, the proposed fixed price for performance of remaining work, if any, less the residual value of any Contractor retained inventory.  In order to determine the Cost of the Work, the Contracting Officer may require an audit of the Contractor's records and/or the Contractor's Proposal.  Establishment of the Cost of the Work shall be subject to negotiation between the Government and the Contractor.  In the event that the parties are unable to reach agreement, the Contracting Officer may unilaterally determine the Cost of the Work, and such determination shall be subject to the clause titled "Disputes." 

3.         Determination of the Shared Savings.  The Cost of Performance shall be determined by adding the Cost of the Work and the Fee.  If the Cost of Performance is equal to or greater than the GMP, the Contractor is not entitled to any additional compensation.  If the cost of Performance is less than the GMP, the Contractor is entitled to the specified percentage, if any, of the difference between the GMP and the Cost of Performance, as Shared Savings.

4.         Final Settlement.  The Final Settlement amount shall consist of the Cost of Performance, if less than the GMP, together with the Contractor's portion of shared savings, if any.  This Final Settlement amount shall be the Contractor's total compensation due under the Contract.

(g)        Government Use of Shared Savings Prior to Completion of Construction Phase Work.  In the event during the course of the performance of the Contract that both parties to the Contract agree that Shared Savings are available to fund additional work, the Government may add additional work to the Contract by funding it with its share of the anticipated savings.  Use of such funds shall not diminish the Contractor's entitlement to a percentage of the Shared Savings.           

(h)        Subcontracts.  No subcontract placed under this Contract may provide for cost-plus-a-percentage of cost.  Any costs incurred by the Contractor as a result of such a subcontract shall not be included in the Cost of the Work or the Final Settlement.  Nothing herein prohibits or prevents the Contractor from using any contract type with its subcontractors otherwise allowable under Part 16 of the Federal Acquisition Regulation, including but not limited to Guaranteed Maximum Price contracts.

(i)         Design Recommendations.  The Contracting Officer's decision to accept or reject all or part of any proposal by the Contractor related to design shall be final and not subject to the Disputes Clause.

(j)         Termination.  If this Contract is terminated, the Contractor is not entitled to Shared Savings.

(k)        "Open Book" Access.  At any time prior to converting the Contract to a firm-fixed-price contract, the Government and/or its representatives shall have the right, but not the obligation, to attend any and all project meetings.  In addition, the Government and/or its designated auditors and/or accountants shall have access to any and all records maintained by the Contractor relating to the project.  The Contractor shall additionally include this requirement for "Open Book" Access for the Government in its subcontracts.

(l)         Payments.  Progress payments for work performed under the Construction Phase Work Option shall be made as specified elsewhere in this Contract based upon a schedule of values allocating the ECW to the itemized work activities.    If this Contract is converted to a firm fixed price contract, the Contractor shall revise the schedule of values allocating the unpaid balance of the fixed price to the itemized work activities remaining uncompleted, and the revised schedule of values shall be the basis for remaining progress payments.

(End of clause)

End of Amendment Number 4

 AMENDMENT # 3

The Request for Proposal (RFP) under Solicitation Number GS-04P-09-EX-C-0076 is hereby amended to include the following information regarding Building Information Modeling (BIM).

 See Attachment

"NOTICE UPDATE"

Stage I "VIABILITY"

Determinations have been completed.  All contractors who submitted in response to Stage I were sent notice of their determinations as "Viable" Competitors on May 15th, 2009.  The RFP for Stage II is hereby released on May 15, 2009.  Stage II proposals are due on June 15th, 2009 NLT 2pm EST.  The Pre-proposal site visit is scheduled for May 27th 2009 at 10:30 CST.  Contractors should RSVP with the Contracting Officer at:  leslie.smalls@gsa.gov.

________________________________________________________________



AMENDMENT 1





The Presolicitation Notice under Solicitation Number GS-04P-09-EX-C-0076 is hereby amended as follows:





1. CLARIFICATIONS:





Q: Would a cover letter, surety letter and general contractors license count toward the 10 page limit?



A. Contractors are not required to submit additional information in Stage I outside of the requested information found in the Stage I factors for viability and the corporate surety letter. If additional information is submitted in Stage I, i.e. General Contractor license, it must be included and counted towards the 10 page limitation for the Stage I submission. A cover page, table of contents page or section separators will not count towards the 10 page limit.





Q: Where can I get the specifications and drawings for this project?



A: Drawings and specifications are not available under the presolicitation notice. If a contractor is determined to be VIABLE under Stage I, all applicable technical data, drawings, and specifications will be sent to the viable contractor with the Request For Proposal (RFP) in Stage II. Contractors that are deemed NOT VIABLE in Stage I may request the RFP, which will also include the technical data, drawings and specifications.







End of Amendment No. 1

RECOVERY: PRE-SOLICITATION NOTICE FOR CONSTRUCTION EXCELLENCE FOR THE Dr. A.H. MCCOY FEDERAL BUILDING, JACKSON, MISSISSIPPI, SOLICITATION NO. GS-04P-09-EX-C-0076. The Real Estate, Design and Construction Organization in the Southeast Sunbelt Region of Public Buildings Services of the U.S. General Services Administration (GSA) is presently soliciting proposals from qualified Offerors desiring to compete in the procurement process for the subject construction project. This project is funded from the American Recovery and Reinvestment Act of 2009 (ARRA.) This procurement is advertised on an unrestricted basis. The project delivery method being used is the Construction Manager as-Constructor (herein referred to as CMc). The contract type is Construction Manager as Constructor (CMc)Guaranteed Maximum Price (GMP). A Construction Manager as-Constructor provides Design Phase Services and Construction Phase Work. GSA intends to contract for Design Phase Services with an option for Construction Phase Work for a major modernization of the Dr. A. H. McCoy Federal Building in Jackson, Mississippi, with the CMc that offers the best overall value to the Government. Design Phase Services are expected to commence upon award of the contract on or about August 2009 . The Optional Construction Phase Work is anticipated to be exercised on or about March 2010 with an anticipated performance period of 900 calendar days.



The Dr. A.H. McCoy Federal Building is located at 100 West Capital, Street in Jackson, Mississippi, on the western edge of the CBD. Construction of the facility was completed in 1979 and consist of one 15-story building containing approximately 423,147 gross square feet (39,312gsm), including a full basement and sits on 1.9 acres of property. At present approximately 20 client agencies are located in the Modern Office Style structure.

The building has been well maintained over the last 28 years. However many of its systems have reached the end of their useful life. Exterior walls, glazing, and site paving are exhibiting marks of weather and environmental pollution degradation while some of the interior finishes are outdated and in need of repair/replacement. Renovation of the existing building will occur while the building is occupied. The Government intends for the work to be accomplished in multiple phases. In addition to renovation of the existing facility, construction phase services will also include constructing a new 3,000 sf security pavilion and site landscaping. The guaranteed maximum price for this project is $60 million for combined services (Design Phase Services and Construction Phase Work.). The North American Industry Classification System Code(s) (NAICS) for this procurement is 236220. The CMc will be competitively chosen using Advisory Multi-Step (FAR 15.202), and Source Selection (FAR 15.3) procedures.



There are two components of work to be performed under this Contract: Design Phase Services and Construction Phase Work. The Construction Phase Work is an option. The CMc is required to complete the Design Phase Services for the firm-fixed-price presented in the procurement process. At any time during or after Design Phase Services, the Contracting Officer may request the CMc to provide a firm-fixed-price proposal for the Construction Phase Work.



Design Phase Services means the design phase construction management services, constructability reviews, cost estimate reconciliation services and other related services as described in the scope of work provided in the RFP.

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Construction Phase Work means all work and services, including general conditions, necessary for the construction of the project described by the plans, specifications and other provisions incorporated into the RFP, excluding Design Phase Services.



The CMc is a member of the project team during the design and construction phases, along with GSA as the public owner; GSAs Construction Manager as-Agent; GSAs selected architecture and engineering firm and Architect of Record; GSAs building commissioning firm; GSAs security consultant, and other consultants. The CMc shall be required to assign, as needed, a team consisting of, but not limited to, mechanical and electrical reviewers; cost estimators; CPM analysts; field engineers; field support staff; construction supervisors; construction superintendents; testing engineers/technicians; and other disciplines as needed to perform the services described herein.



A best value concept will be applied for evaluation of offers and selection of the successful Offeror for this procurement. The best value approach provides the opportunity to select an Offeror who is not necessarily the lowest-priced or the highest technically-ranked. GSA will select the proposal that represents the best value based on the evaluation of technical factors and price, with technical factors being weighed more heavily than price. This is a multi-step advisory procurement that consists of two stages.



Stage I,

Factor 1: - Offerors must provide a statement from their federal approved bonding corporate surety (see website at www.fms.treas.gov/c570/index.html), certifying their bonding capacity for a project GMP of $60 million and are required to be licensed general contractors in accordance with state statutes. Other bonding options are available in accordance with FAR 28.204 and may be provided as an alternate to evidence of corporate bonding capacity.



Factor 2: - These factors consider the Offeror in successfully completing similar projects. Similar is defined as renovation or modernization of multi-story (6-story minimum) buildings of a minimum of 200,000, gross square feet. These structures can include courthouses, hospital facilities, casinos, Class A office space, research laboratories, government-owned buildings, or major renovations of such similar projects, with a construction cost of a minimum of $35 million. The SSEB will be limited to reviewing only projects of similarity. All projects submitted should be relative to those similar in type and scope to this project.





a: Design Phase Services: - Demonstrate capability on one (1) project completed within the past ten (10) years of $35 million or more in construction cost and a minimum of 200,000, gross square feet, in which the Offeror provided Design Phase Services similar to those required under this project. Provide the name, location and date completed of referenced project.



b: Construction Phase Work as a prime contractor. Demonstrate capability on three (3) projects completed within the past ten (10) years of $35 million or more in construction cost and a minimum of 200,000 gross square feet, in which the Offeror provided construction phase work similar to those required under this.



Licensed general contractors having the minimum bonding capacity are invited to respond to Stage I by submitting one (1) original and five (5) copies of the required technical information. The submission should be in an 8-1/2 x 11 bound format and should be organized to correspond with the evaluation factors listed below. The total pre-solicitation notice submission should not exceed ten (10) one-sided 8-1/2x 11 pages or five (5) double-sided 8-1/2x 11 pages (not including Table of Contents or Section Separators), with one-inch margins, and in a font not less than 12-point in size. Font style is optional.



Submissions shall clearly address the Stage I factors identified in this announcement. Proposals will be evaluated using an Advisory Multi-step Process as specified in FAR 15.202. The Contracting Officer shall advise respondents considered not to be viable competitors of the general basis for that opinion. All Offerors shall be informed that, notwithstanding the advice provided by the Contracting Officer in response to their submissions concerning their viability, they may still compete in Stage II.



Projects presented under Factors 1 and 2 above may be the same projects.



The Stage I Pre-Solicitation Notice factors are independent of the factors in the Stage II Request for Proposal and will be used to evaluate an Offerors viability based on its submission to the Stage I Pre-Solicitation Notice. Offerors will be notified of viability and the Request-for- Proposal will be released on or about May 15, 2009



Stage II Request for Proposals (RFP) - Proposals will be evaluated and scored according to technical evaluation factors included in the RFP. The technical proposals will be reviewed and evaluated prior to and separately from the review of price proposals. As part of the Stage II evaluation, the Contracting Officer and Source Selection Evaluation Board (SSEB) may conduct interviews. However, the Government reserves the right to evaluate proposals and make award without discussions or oral presentations (clarifications may be made as described in FAR 15.306(a)). Therefore, the Offeror's proposal should contain the Offeror's best terms. Final selection will be made based on technical factors being weighted significantly more than price (price being represented by the Offerors proposal for Design Phase Services and Construction Phase Services). The Offerors may use projects submitted in Stage I to respond to the Stage II evaluation factors. If interviews are conducted, firms will be interviewed at GSAs Region 4 offices in Atlanta, Georgia, by members of the SSEB. The following criteria represent the factors that will be used by GSAs Source Selection Evaluation Board in evaluating Stage II proposals. Factor 1 considers past performance in providing Design Phase Services on similar projects. Factor 2 considers past performance in providing Construction Phase Services as a prime contractor on similar projects. Factor 3 considers qualifications and experience of key personnel. Factor 4 considers the management plan and technical approach. Factor 5 considers the offerors proposed approach for successful and meaningful participation and performance during Design Phase Services. Factor 6 considers the offerors available resources and facilities to accomplish the project. Stage II also requires offerors that are a large business to indicate their intention to submit a subcontracting plan for the project that provides for participation by small business concerns. Stage 2 proposal will be due on or about June 15, 2009.



Interested firms must submit their Stage I submission, no later than 2:00 PM EST on Monday, May 11, 2009, to Leslie M. Smalls, Contracting Officer, General Services Administration, Public Buildings Service, Acquisition Management Division (4PG), Suite 2500, 401 West Peachtree Street N.W., Atlanta, Georgia, 30308. A Pre-Proposal Conference and site visit is scheduled to be held on May 27, 2009 at 10:30 am All submittals must clearly indicate the solicitation number (GS-04P-09-EX-C-0076) on the face of the envelope. Late submittals will be handled in accordance with FAR 52.215-1(c)(3). Facsimile proposals will not be accepted. Be advised that, due to heightened security measures, individuals entering a Federal facility must have photo identification and may be delayed. Firms planning to hand-deliver submissions should take this into consideration.