MODIFICATION
Y -- RECOVERY: PRE-SOLICITATION NOTICE FOR CONSTRUCTION EXCELLENCE FOR THE Dr. A.H. MCCOY FEDERAL BUILDING, JACKSON, MISSISSIPPI
- Notice Date
- 5/21/2009
- Notice Type
- Modification/Amendment
- NAICS
- 236220
— Commercial and Institutional Building Construction
- Contracting Office
- General Services Administration, Public Buildings Service (PBS), Acquisition Management Division (4PG), 401 West Peachtree Street, Suite 2500, Atlanta, Georgia, 30365
- ZIP Code
- 30365
- Solicitation Number
- GS-04P-09-EX-C-0076
- Archive Date
- 6/30/2009
- Point of Contact
- Leslie Smalls, Phone: 404-224-2232
- E-Mail Address
-
leslie.smalls@gsa.gov
(leslie.smalls@gsa.gov)
- Small Business Set-Aside
- N/A
- Description
- 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. S ubfactors 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. S ubfactors 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
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- Place of Performance
- Address: 100 West Capital, Street, Jackson, Mississippi, 39269, United States
- Zip Code: 39269
- Zip Code: 39269
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